28th August 2024
Changes will greatly benefit employers and permit holders alike
Minister for Enterprise, Trade and Employment Peter Burke and Minister of State for Business, Employment and Retail, Emer Higgins have welcomed the new Employment Permits Act which will come into force on Monday next (2 September).
This new Act consolidates and modernises employment permits law and brings benefits for employers and permit holders alike.
Some of the key changes will:
- Ensure operational features are more easily adaptable, allowing the Employment Permit System to respond quickly to changes in the labour market and business needs;
- Enable subcontractors registered here to access the employment permit system, in recognition of modern labour market practices and value chains;
- See the introduction of a Seasonal Employment Permit, based on strong labour rights, which will support the seasonal needs of certain sectors. There will be a pilot scheme for the horticulture sector in 2025; and
- Enable the transfer of an employment permit to a new employer after a certain period of time, which will afford better opportunities for workers and improve working conditions.
Speaking about the changes, Minister Burke said:
“This new law represents the biggest reform of employment permits legislation in over a decade and will result in many positive changes to Ireland’s economic migration policy. The improvements in the new Act will allow for a more modern, flexible employment permits system as well as ensuring employee rights are maintained. It will greatly benefit employers and permit holders alike.”
Minister Higgins added:
“Ireland is in a strong place economically. Our economy is experiencing growth and very low levels of unemployment. To build on that and ensure continued competitiveness and prosperousness, we need to attract more international talent. This new law, along with recent measures like the granting of work rights to the eligible spouses and partners of certain employment permit holders and the roll out of a single permission to both work and live in Ireland – will massively help to achieve this goal.”
The regulations giving effect to this new law were signed today and the changes will come into effect on Monday next. The department’s website provides lots of useful advice and guidance for system users in relation to the new measures which is available at: Employment Permits Act 2024 information note
The changes made by this Act will be a positive step in continuing to ensure that Ireland’s employment permit system is fair, accessible and flexible to labour needs now and into the future.
Minister Higgins concluded:
“I am delighted to see the enactment of this law which will greatly enhance Ireland’s Employment Permits System with the ability of migrant workers to transfer a permit between employers after a certain amount of time and the introduction of a Seasonal Employment Permit later this year. These new measures will continue to make Ireland the destination of choice for skilled workers.”
Today’s regulations also extend employment permit quotas for two key roles. A new quota of 500 permits will be granted to the home care sector – for home carers. Recognising the ongoing need for workers in this important sector which supports older people to remain in their own homes for as long as possible. A further quota of 250 permits will be issued to lineworkers to help relieve the pressure on the ESB Networks’ overhead line framework contractors and ensure the necessary skills are available to achieve government priorities including the Climate Action Plan 2023 and Housing for All.
ENDS
Further information
The Employment Permits Act 2024 applies to non-EEA nationals who wish to take up eligible employment and residence in the State.
Main provisions of the Act
The Employment Permits Act will introduce a number of positive changes to the existing system, including:
- the introduction of a Seasonal Employment Permit, based on strong labour rights, which will support the seasonal needs of certain sectors
- the ability to change an employment permit to a new employer after nine months to allow for better opportunities for workers and improve working conditions
- moving operational details, such as the requirements of the Labour Market Needs Test to secondary legislation, which will allow the system to adapt quickly to changes in the labour market
- requiring additional conditions such as training and accommodation support for employment permit holders, which will make Ireland a more attractive destination
- allow for non-consultant hospital doctors to have a permit which will allow them to work at multiple sites, which will help to further streamline the system
- allowing permit holders to be promoted within their roles without the need for a new permit
Seasonal Employment Permit
The new Seasonal Employment Permit is a short-term employment permit for a non-EEA national to work for a maximum of 7 months per calendar year in a seasonally recurrent employment, for example, soft fruit picking. It is designed to support targeted economic sectors, such as horticulture and agriculture, in addressing labour shortages and will be renewable across multiple years for the set calendar season. Arrangements for the provision of accommodation and health insurance will be included in the scheme. The permit will be first introduced under a limited pilot scheme later this year with the intention that it commence in early 2025.
Change of employer
The Act introduces a new provision allowing certain employment permit holders to change their permit employer to another employer after a period of nine months on their first permit in the State has passed.
- The change of employer applies to the General Employment Permit (GEP) and the Critical Skills Employment Permit (CSEP).
- The holder of a GEP can apply to change to an employer within the type of employment for which they have been granted a permit. For example – a meat processing operative can only move to another meat processing role. The holder of a CSEP can change to an employer across a broader category of employments, for example. different engineering roles. The additional flexibility for CSEP holders is due to the fact that their roles are identified on the Critical Skills Occupations List indicating a high demand for these skills in the labour market.
Progression within the role
The Act aims to improve the status and employment opportunities of permit holders by providing a provision to allow for promotion and internal transfer in the same company where a permit holder would use the same skills. This removes the requirement for the permit holder to undergo a new employment permit application process where they remain with the current employer but have been granted a promotion or uplift. This will reduce the administrative burden for companies and permit holders and reduce accidental non-compliance with employment permits legislation.
Modernised Labour Market Needs Test
The Act also addresses the inflexibility inherent in the Labour Market Needs Test, which requires that a role be advertised across the EEA and in print media prior to a permit being sought. The new Bill will simplify the process by requiring employers to publish vacancies online only and will reflect modern advertising practices. Moreover, by moving operational detail into secondary legislation the Labour Market Needs Test can continue to be amended as recruitment practices evolve over time, balancing the protection of the EEA labour market with the needs of employers.
More information in relation to these legislative changes is available at: Employment Permits Act 2024 information note
Back to Department News