Employment Permits Act 2024
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Chapter 3 Approved seasonal employer | ||
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Application for approval as approved seasonal employer | ||
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10. (1) A person who wishes to employ a foreign national under a seasonal employment permit shall apply each year for approval as an approved seasonal employer in accordance with regulations under sections 47 and 50 . | ||
(2) In considering an application made under subsection (1), the Minister shall have regard to— | ||
(a) the extent to which a decision to approve the person as an approved seasonal employer would be consistent with economic policy for the time being of the Government, | ||
(b) such of the matters referred to in this section as are relevant to the application, | ||
(c) if any of the provisions of section 11 fall to be applied in relation to the application, any matters that, in the opinion of the Minister, are material to the application of such a provision or provisions, and | ||
(d) the purpose of a seasonal employment permit. | ||
(3) Section 18 (2), (3)(a) and (6) shall, subject to the modifications specified in subsection (4), apply to the approval of, or the refusal to approve, a person as an approved seasonal employer under this section as they apply to the grant of, or the refusal to grant, an employment permit. | ||
(4) The modifications mentioned in subsection (3) are— | ||
(a) construing the references to an application for an employment permit as references to an application under subsection (1), and | ||
(b) any other necessary modifications. | ||
(5) Subject to section 11 , the Minister may, on consideration of an application made under subsection (1), approve a person as an approved seasonal employer for a 12 month period (in this section referred to as an “approved seasonal employer”). | ||
(6) Where the Minister approves a person under subsection (5), a certificate of approval as an approved seasonal employer (in this section referred to as an “approved seasonal employer certificate”) shall be issued to the person concerned. | ||
(7) An approved seasonal employer certificate shall specify the following information: | ||
(a) the 12 month period for which the person concerned is approved as an approved seasonal employer; | ||
(b) the name of the person concerned; | ||
(c) any other information that, in the opinion of the Minister, is appropriate. | ||
(8) Subsection (7) is in addition to any other provision of this Act, or any provision of regulations under section 50 (7), specifying matters or information to be included in an approved seasonal employer certificate. | ||
(9) An approved seasonal employer certificate may be issued under subsection (6) in electronic form and by such electronic means as may be provided for in regulations made under section 50 (17). | ||
(10) The Minister shall maintain a register of approved seasonal employers and shall publish the register in such manner as he or she considers appropriate. |