Employment Permits Act 2024

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Definition of “remuneration”

3. (1) In this Act, “remuneration” means—

(a) subject to paragraphs (b) and (c), the total amount of—

(i) the salary that is paid to a foreign national, the hourly rate of which shall be not less than the national minimum hourly rate of pay or, where appropriate to the employment in respect of which the application is made, the hourly rate referred to in paragraph (b) of the definition of “standard working week remuneration”, and

(ii) any payment for health insurance in respect of a foreign national should he or she require medical treatment for illness or injury during the period for which the employment permit is in force,

(b) in respect of an intra-company transfer employment permit or a contract service agreement employment permit, the total amount of—

(i) the salary that is paid to a foreign national, the hourly rate of which shall be not less than the national minimum hourly rate of pay or, where appropriate to the employment in respect of which the application is made, the hourly rate referred to in paragraph (b) of the definition of “standard working week remuneration”,

(ii) any payment for board and accommodation, or either of them, or the monetary value of board and accommodation directly provided by the connected person, foreign employer, contractor or subcontractor, and

(iii) any payment for health insurance in respect of a foreign national should he or she require medical treatment for illness or injury during the period for which the employment permit is in force and which is made by the foreign employer or the connected person or both of them or by the contractor or subcontractor to—

(I) a health insurer, or

(II) a person outside the State who provides insurance for medical treatment in respect of the foreign national that has the same, or similar, effect as the health insurance provided by a health insurer,

or

(c) in respect of a seasonal employment permit, the total amount of—

(i) the salary that is paid to a foreign national, the hourly rate of which shall be not less than the national minimum hourly rate of pay or, where appropriate to the employment in respect of which the application is made, the hourly rate referred to in paragraph (b) of the definition of “standard working week remuneration”,

(ii) any payment for board and accommodation, or either of them, or the monetary value of board and accommodation directly provided by the employer, and

(iii) any payment for health insurance in respect of a foreign national should he or she require medical treatment for illness or injury during the period for which the employment permit is in force.

(2) In this Act—

(a) references to remuneration in relation to an application for the grant of an employment permit and the consideration of such application by the Minister shall be construed as the remuneration, specified in that application, that is proposed to be paid by—

(i) the person who has made the offer of employment in respect of which the application is made,

(ii) in the case of an intra-company transfer employment permit, the foreign employer, in accordance with section 24 and the payments in respect of the remuneration to be paid, in accordance with section 24 , by the connected person,

(iii) in the case of a contract for services employment permit, the contractor or subcontractor in accordance with section 25 , or

(iv) in the case of a foreign national who is employed under a contract of employment referred to in paragraph (b) of the definition of “contract of employment”, the employment agency or third person concerned,

and

(b) references to remuneration after a permit has been granted shall be construed as the remuneration paid to the holder of the permit by an employer, a foreign employer or connected person in accordance with section 24 , or a contractor or subcontractor in accordance with section 25 , during the period for which the employment permit has been granted in respect of the employment for which the employment permit was granted.