Employment Permits Act 2024

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Number 17 of 2024


EMPLOYMENT PERMITS ACT 2024


CONTENTS

PART 1

Preliminary and General

Section

1. Short title and commencement

2. Interpretation

3. Definition of “remuneration”

4. Regulations

5. Expenses

6. Repeals and revocations

PART 2

Employment in State of Foreign Nationals

Chapter 1

Prohibition on employment in State without employment permit

7. Employment in State of foreign nationals

8. Non-application of section 7 to certain foreign nationals

Chapter 2

Purposes for which employment permits may be granted

9. Purposes for which employment permit may be granted

Chapter 3

Approved seasonal employer

10. Application for approval as approved seasonal employer

11. Refusal to approve person as approved seasonal employer

Chapter 4

Application for employment permit

12. Application for employment permit

13. Application – information to be provided

14. Foreign nationals who may apply for dependant employment permit

15. Amendment by Minister of application

16. Recommendation by enterprise development agency

17. Consultation by Minister in respect of certain applications

18. Consideration by Minister of application

Chapter 5

Grant of employment permit

19. Grant of employment permit by Minister

20. Cancellation of previous employment permit still in force

21. Issue of employment permit, information to be specified in permit, etc.

22. Restriction on grant of employment permit

23. Establishing need for grant of certain employment permits

24. Conditions of grant of intra-company transfer employment permit

25. Conditions of grant of contract for service employment permit

26. Change of ownership of business: change to name of employer, connected person or relevant person

27. Change of employer: application and approval of change

28. Change of employer: refusal to approve change

29. Change of approved seasonal employer: application and approval of change

30. Change of approved seasonal employer: refusal to approve change

31. Employment of non-consultant hospital doctors

Chapter 6

Refusal to grant employment permit

32. Mandatory grounds for refusal of employment permit

33. Discretionary grounds for refusal of employment permit

34. Notification of refusal and return of fee

35. Review of decision to refuse grant of employment permit

Chapter 7

Renewal of employment permit

36. Renewal of employment permit

37. Period for which employment permit may be renewed

38. Application of certain sections to renewal of employment permit

39. Additional grounds for refusing renewal of employment permit

Chapter 8

Cessation of employment permit

40. Revocation of employment permit

41. Review of decision to revoke employment permit

42. Order under section 3 or 4 of Immigration Act 1999

43. Termination of employment

Chapter 9

Redundancy of certain permit holders

44. Redundancy of critical skills employment permit holder

45. Redundancy of general employment permit holder

46. Information, documents, supplementary provisions relating to redundancy

PART 3

Regulations Relating to Employment Permits

47. Regulations governing grant of employment permit, etc.

48. Remuneration relating to employments

49. Criteria for making regulations under section 47

50. Regulations governing procedure in relation to applications for employment permits, etc.

PART 4

Enforcement, Offences and Penalties

51. Authorised officers

52. Warrant relating to offences under section 7(6)

53. Prohibition on forgery, fraudulent alteration or fraudulent use of employment permit

54. Prohibition on certain use of employment permit

55. Prohibition on deduction from remuneration and retention of personal documents

56. Provision of false or misleading information

57. Penalties and proceedings

58. Offences by body corporate

59. Civil proceedings

60. Prohibition on penalisation

61. Presumption of employment in certain proceedings

62. Presumptions in proceedings under Act

63. Retention of records

PART 5

Miscellaneous

64. Register of employment permits

65. Service of notices

66. Notification of change of address

67. Delegation of functions

68. Data exchange

PART 6

Transitional Provisions

69. Definition (Part 6)

70. Continuation in force of employment permits granted under Act of 2006

71. Applications for grant or renewal of employment permits under Act of 2006

72. Renewal of employment permits granted under Act of 2006

73. Review of refusal under section 12 of Act of 2006

74. Review of revocation under section 16 of Act of 2006

75. Additional transitional provisions

PART 7

Consequential Amendments

76. Amendment of section 17(2) of Employment Equality Act 1998

77. Amendment of Immigration Act 2004

78. Amendment of Workplace Relations Act 2015

SCHEDULE 1

Enactments Offences Under which Fall within Sections 33(1)(c) and 40(1)(b)

SCHEDULE 2

Redress for Contravention of Section 60(3)


Acts Referred to

Bankruptcy Act 1988 (No. 27)

Carer’s Leave Act 2001 (No. 19)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24)

Companies Act 2014 (No. 38)

Diplomatic Relations and Immunities Act 1967 (No. 8)

Employment Agency Act 1971 (No. 27)

Employment Equality Act 1998 (No. 21)

Employment Permits Act 2003 (No. 7)

Employment Permits Act 2006 (No. 16)

European Communities Acts 1972 to 2012

Friendly Societies Acts 1896 to 2021

Health Insurance Act 1994 (No. 16)

Immigration Act 1999 (No. 22)

Immigration Act 2004 (No. 1)

Industrial and Provident Societies Acts 1893 to 2021

International Protection Act 2015 (No. 66)

Interpretation Act 2005 (No. 23)

Irish Nationality and Citizenship Act 1956 (No. 26)

Limited Partnerships Act 1907 (7 Edw. 7, c.24)

Medical Practitioners Act 2007 (No. 25)

Minimum Notice and Terms of Employment Act 1973 (No. 4)

National Minimum Wage Act 2000 (No. 5)

Organisation of Working Time Act 1997 (No. 20)

Payment of Wages Act 1991 (No. 25)

Petty Sessions (Ireland) Act 1851 (14 & 15 Vict., c.93)

Protected Disclosures Act 2014 (No. 14)

Protection of Employees (Fixed-Term Work) Act 2003 (No. 29)

Protection of Employees (Part-Time Work) Act 2001 (No. 45)

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (No. 27)

Protection of Employment Act 1977 (No. 7)

Protection of Young Persons (Employment) Act 1996 (No. 16)

Redundancy Payments Act 1967 (No. 21)

Registration of Business Names Act 1963 (No. 30)

Safety, Health and Welfare at Work Act 2005 (No. 10)

Social Welfare Consolidation Act 2005 (No. 26)

Taxes Consolidation Act 1997 (No. 39)

Terms of Employment (Information) Act 1994 (No. 5)

Trade Union Acts 1871 to 1990

Unfair Dismissals Act 1977 (No. 10)

Unfair Dismissals Acts 1977 to 2015

Workplace Relations Act 2015 (No. 16)

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Number 17 of 2024


EMPLOYMENT PERMITS ACT 2024


An Act to provide for the grant of employment permits to certain foreign nationals for the purpose of permitting such persons to be in employment in the State; to prohibit the employment in the State of certain foreign nationals who do not have such permits; to impose certain restrictions and conditions in respect of the grant of such permits; to enable the Minister for Enterprise, Trade and Employment to make, having regard to certain matters, regulations to impose certain other restrictions and conditions in respect of the grant of such permits; to provide for the enforcement of provisions of this Act and the imposition of penalties for contraventions of this Act; to provide for civil proceedings to recompense certain foreign nationals for work done or services rendered in certain circumstances; to otherwise regulate the employment in the State of certain foreign nationals; to repeal the Employment Permits Act 2003 and the Employment Permits Act 2006 ; to provide for consequential amendment to certain other enactments; and to provide for related matters.

[25th June, 2024]

Be it enacted by the Oireachtas as follows: