Employment Permits Act 2006
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Amendment of section 2 of Act of 2003. |
2.— Section 2 of the Act of 2003 is amended by substituting the following for subsections (1) and (2): | |
“(1) A foreign national shall not— | ||
(a) enter the service of an employer in the State, or | ||
(b) be in employment in the State, | ||
except in accordance with an employment permit granted by the Minister under section 8 of the Employment Permits Act 2006 that is in force. | ||
(1A) Subsection (1)(b) applies whether the employment concerned results from— | ||
(a) the foreign national’s being employed in the State by a person, | ||
(b) his or her being employed by a person outside the State (the ‘contractor’) to perform duties in the State, the subject of an agreement between the contractor and another person, or | ||
(c) any other arrangement. | ||
(2) A person shall not employ a foreign national in the State except in accordance with an employment permit granted by the Minister under section 8 of the Employment Permits Act 2006 that is in force. | ||
(2A) Where a person (the ‘first person’) enters into an agreement with another person (the ‘second person’) whereby the second person agrees to cause, or arrange for, services (whether of a specific or general kind) to be rendered on behalf of the first person and either— | ||
(a) it is customary in the trade or business in which the agreement is entered into, or | ||
(b) the circumstances in which the agreement is entered into are such that it must reasonably have been in the contemplation of the parties to the agreement, | ||
that the means to be used by the second person for complying with the agreement would consist of or involve, in whole or part, the services being rendered by persons employed by a person other than the second person (and whether or not that person is in a contractual relationship with the second person) then, if those means are used, it shall be the duty of the first person to take the following steps. | ||
(2B) Those steps are all such steps as are reasonable to ensure, in so far as one or more of the persons so employed is or are a foreign national or foreign nationals employed in the State for the purpose of rendering those services, that that foreign national or each of those foreign nationals is employed in accordance with an employment permit granted by the Minister under section 8 of the Employment Permits Act 2006 that is in force.”. |