Employment Permits Act 2006

• Permanent Page URL

Prohibition on deduction from remuneration and retention of personal documents.

23.— (1) The employer shall not make any deductions from the remuneration of, or seek to recover from, the holder of the employment permit concerned any charge, fee or expense arising out of or concerning one or more of the following:

(a) the application for the employment permit or a renewal of the permit under section 20 or any matter relating to or concerning such an application or the grant or renewal of the permit;

(b) the recruitment of the holder for the employment in respect of which the application was made; or

(c) any amount previously paid to the holder in respect of travelling expenses incurred by the holder in connection with taking up the employment in the State.

(2) In the case of an employment permit granted on foot of an application by a foreign national, the person who made the offer of employment referred to in section 4 (3) in respect of which the application was made shall not make any deductions from the remuneration of, or seek to recover from, the holder of the permit any charge, fee or expense arising out of or concerning one or more of the following:

(a) the recruitment of the holder for the employment in respect of which the application was made; or

(b) any amount previously paid to the holder in respect of travelling expenses incurred by the holder in connection with taking up the employment in the State.

(3) Neither a person referred to in subsection (1) or (2) nor a person acting on his or her behalf shall keep any personal document belonging to a holder referred to in that subsection.

(4) A person who contravenes subsection (1), (2) or (3) is guilty of an offence.

(5) In this section “personal document” includes a passport, a driving licence, an identity card, a document relating to any account held with a financial institution, a document relating to the skills, qualifications or experience of the foreign national and travel documents.