On 2nd September 2024, the Employment Permit Acts 2024 were brought into effect, consolidating and updating the existing Act in place since 2006. The aim of the new Act is to create a more flexible employment permits system better able to respond to the changing needs of the labour market which ensures the protection of permit holders. It also introduces a number of new provisions and amendments to further enhance the employment rights and the terms and conditions of employment for those working on an employment permit in the State.
The new changes are as follows:
- Labour Market Needs Test
Employers are no longer required to publish job advertisements in print media. Instead, they must publish the job advertisement on the EURES Jobs Ireland website and on an online platform for 28 consecutive days.
- Seasonal Employment Permit
The new Seasonal Employment Permit is a short-term employment permit designed to support targeted economic sectors, such as horticulture and agriculture. Employers wishing to avail of this permit for their employees will be required to apply annually to become registered pre-approved seasonal employers in order to access the scheme. This permit will be first introduced under a limited pilot scheme later this year with the intention that it commence in early 2025.
- Changing Employer
Subject to conditions, the new Act will allow certain employment permit holders to change their permit employer to another employer after a period of nine months has passed since commencing their first employment permit in the State. The provision also eliminates the need for the permit holder to apply for a new permit and is restricted to movement within the occupation or occupation classification on the original permit.
- Progression within the role
The new Act allows a permit holder to progress within their role via promotion or internal transfer in the same company without having to apply for a new employment permit. However, the permit holder must use the same skills and the employment must remain eligible.
- Commencement of Employment
Following the grant of an employment permit, the permit holder must commence employment within 6 months of the date of issue of the permit.
- Agencies and Subcontractors
Work permit applications can now be accepted where the salary is paid by employment agencies or subcontractors who are not the employer.
- 50:50 Rule
In order to support the future expansion of businesses, the waiver to the 50:50 rule for employers who have no employees at time of application has been revised and no longer restricts the employer to the one employee permit holder after grant. The 50:50 rule will be triggered when a second application is made for an employment permit for the same employer.
- Non-Consultant Hospital Doctors
The new Act allows for the grant of a 2 year multi site General Employment Permit to suitably qualified foreign nationals who take 6-month employment contracts as non-consultant hospital doctors in health facilities in different locations. This will eliminate the need for multiple applications for each employer hospital and ensure a smooth transition from one employment to the next, up to two years.
- Return of Incomplete Applications
This provision will allow for the return of incomplete applications without full consideration, with a written notification to the applicant, along with the fee and any documentation provided.
- Indexing of Annual Remuneration
In order to ensure that remuneration thresholds for employment permits remain in line with average wage growth, a provision has been introduced for indexation against the annual change in mean weekly earnings as calculated by the CSO. The aim is to increase Ireland’s attractiveness as a work destination whilst ensuring that permit holders will continue to be able to afford to live in Ireland.
The Employment Permit Act 2024 significantly changes various aspects of the employment permit process. The process aims to be less administratively burdensome and help employers remain legally compliant, while providing more flexibility and equality for employees.
In order to understand the full range of these changes and how they might benefit you, please feel free to contact our office for a consultation. Contact us here info@mcgrathmullan.ie or here +353 (0) 1 873 5012. Thank you.