Employment Permits Act 2006
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Restriction on grant of employment permit. |
10.— (1) This section applies to an employment permit other than one granted on foot of an application by a foreign national. | |
(2) An employment permit to which this section applies shall not be granted unless the applicant satisfies the Minister that— | ||
(a) he or she has taken all such steps as were reasonably open to him or her to offer the employment in respect of which the application is made to a citizen or a foreign national referred to in any of paragraphs (a) to (d) of section 2(10) of the Act of 2003 or to whom section 3 of that Act applies, and | ||
(b) at the time of the application, more than 50 per cent of the employees of the applicant are nationals of any of the following, namely— | ||
(i) one or more Member States of the EEA, or | ||
(ii) the Swiss Confederation, or | ||
(iii) a combination of any of the states referred to in subparagraphs (i) and (ii). | ||
(3) This section is— | ||
(a) in respect of subsection (2)(a), supplementary to Council Regulation (EEC) No. 1612/68 of 15 October 1968 on freedom of movement for workers within the Community, and | ||
(b) in addition to the other requirements that this Act specifies must be satisfied with respect to the grant of an employment permit and is without prejudice to— | ||
(i) any regulations for the time being in force under section 14 , and | ||
(ii) section 2(11) of the Act of 2003. |