Employment Permits Act 2024
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Establishing need for grant of certain employment permits | ||
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23. (1) This section applies to an application for a general employment permit, seasonal employment permit and a contract for service employment permit. | ||
(2) Subject to subsections (6) and (7), the Minister shall not grant an employment permit in respect of an application to which this section applies unless the Minister is satisfied that— | ||
(a) before the application was made, a notice referred to in subsection (3) in respect of the employment the subject of the application had been published in accordance with this section, and | ||
(b) the application was made within the period referred to in subsection (5). | ||
(3) Where an application to which this section applies is made— | ||
(a) the person who makes the offer of employment concerned, or | ||
(b) in the case of an application for a contract for service employment permit, the contractor or where the application is made by a subcontractor, the subcontractor, concerned, | ||
shall satisfy the Minister that he or she has, before making the application, offered the employment in respect of which the application is made to— | ||
(i) an Irish citizen, or | ||
(ii) a foreign national referred to in any of paragraphs (a) to (g) of section 8 (1), | ||
by causing a notice of the offer of the employment concerned to be published in accordance with subsection (4). | ||
(4) The person referred to in subsection (3)(a) or, as the case may be, the contractor or subcontractor referred to in subsection (3)(b)— | ||
(a) shall cause the notice referred to in subsection (3) to be published— | ||
(i) on one or more online platforms, as may be specified in regulations under this section, the principal purpose of which is to publish offers of employments to Irish citizens and foreign nationals referred to in subsection (3)(ii), and | ||
(ii) on one or more online platforms, other than that referred to in subparagraph (i), as may be specified in regulations under this section, the principal purpose of which is to publish offers of employment, | ||
(b) shall, in respect of the publication of the notice referred to in subsection (3) on an online platform referred to in paragraph (a)(i), place that notice for publication with one or more persons, as may be specified in regulations under this section, | ||
(c) shall publish the notice referred to in subsection (3) in accordance with paragraph (a) for a period that is not less than the period, as may be specified in regulations under this section, for which the notice is to be published, and | ||
(d) may, in addition to the publication under paragraphs (a), (b) and (c), publish the notice in such other manner as may be specified in regulations under this section. | ||
(5) Where, following the publication of the notice referred to in subsection (3), an application to which this section applies is made under section 12 , that application shall be made within a prescribed period from the day on which that notice was first published on an online platform referred to in subsection (4)(a). | ||
(6) Subsection (2) shall not apply to an application to which this section applies where— | ||
(a) an enterprise development agency has made a recommendation referred to in section 16 in respect of the application, and | ||
(b) the Minister is satisfied that, having had regard to such recommendation, granting the employment permit the subject of the application will contribute to the further development of employment in the State. | ||
(7) Subsection (2) shall not apply to an application to which this section applies where— | ||
(a) the Minister is satisfied that, having regard to section 49 (1)(d), there is a shortage of the skills referred to in section 49 (1)(d) required for that employment and the Minister has, in regulations made under section 47 (20), specified the employment as an employment to which subsection (2) shall not apply, | ||
(b) the application is made in respect of a foreign national to whom section 45 applies and is an application referred to in section 45 (4), or | ||
(c) the application is made in respect of an employment for the care of a person with exceptional medical needs and the Minister is satisfied that— | ||
(i) the foreign national, in respect of whom the application is made, has been providing care to the person before the application was made, | ||
(ii) the person has developed a high level of dependence on that foreign national, | ||
(iii) the employment is not an employment to which regulations under section 47 (2)(c) apply, and | ||
(iv) having regard to the circumstances of the person and the foreign national concerned, it is not appropriate to publish a notice of the offer of that employment. | ||
(8) The Minister may, without prejudice to the generality of section 50 (1), make regulations under this subsection for the publication of the notice referred to in subsection (3), to provide for— | ||
(a) one or more persons with whom such notice shall be placed for publication on an online platform referred to in subsection (4)(a)(i) or (ii) where such person or persons own or operate the online platform or publish notices on such online platform, | ||
(b) one or more online platforms, referred to in subsection (4)(a)(i) or (ii) on which such notice is to be published, | ||
(c) the duration of the period, referred to in subsection (4)(c) for which such notice shall be published on an online platform referred to in subsection (4)(a)(i) or (ii), which the Minister considers to be sufficient to afford an opportunity to Irish citizens and the foreign nationals referred to in subsection (3) to apply for the employment concerned, | ||
(d) the publication referred to in subsection (4)(d) of such notice, including the period for the publication of such notice, and different provision may be made for different classes of publication for any such notice including publication by electronic means and different provision may be made for such publication of the offer of employment to citizens and foreign nationals referred to in subsection (3)(ii), | ||
(e) the form, procedure for and the manner in which the publication of the offer of employment, referred to in subsection (2), to Irish citizens and foreign nationals referred to in subsection (3) is to be made, | ||
(f) the period within which an application to which this section applies shall be made after the day the notice referred to in subsection (3) is first published on an online platform referred to in subsection (4)(a)(i), | ||
(g) information and documents as the Minister may require to satisfy himself or herself that the notice was published in accordance with this section and the application was made within the period referred to in subsection (5) and without prejudice to the generality of the foregoing such information and documents may include— | ||
(i) information and documents demonstrating that the notice was placed with the persons specified by the Minister in regulations under that section, and | ||
(ii) documents identifying that the notice was published on the online platform as required under this section, | ||
and | ||
(h) such evidence that the Minister may reasonably require in order to verify any information or documents to be furnished to the Minister pursuant to this section. | ||
(9) The person who makes the offer of employment, or as the case may be, the contractor or subcontractor concerned shall not publish a notice referred to in subsection (3) unless the employment is specified in regulations under this Act as being an employment for which an employment permit may be granted. | ||
(10) The Minister may make enquiries to satisfy himself or herself that the person referred to in subsection (3)(a) or (b) has complied with subsection (3). | ||
(11) Section 22 (4) applies to this section. | ||
(12) In this section, “online platform” means an electronic system for the online publication of information and includes websites, software or any other electronic technology that provides for the online publication of information. |