Employment Permits Act 2024

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Change of approved seasonal employer: application and approval of change

29. (1) This section applies where—

(a) a seasonal employment permit has been granted to a foreign national, and

(b) that permit is in force and will remain in force for at least 3 weeks from the date of the making of an application under this section.

(2) An application to change the employer specified in a permit referred to in subsection (1) (in this section referred to as the “existing employer”) to a different employer, being an approved seasonal employer, (in this section referred to as the “new employer”) may be made by a foreign national.

(3) An application under this section shall not be made unless an offer of employment in the State has been made in writing to the foreign national by the new employer within such period, preceding the application, as may be prescribed.

(4) The foreign national shall provide, with the application, such information, documents and evidence as may be specified in regulations under section 50 in respect of a change to the employer specified in a seasonal employment permit.

(5) The foreign national shall furnish to the Minister—

(a) such information (being information of a similar nature to that referred to in section 13 ) as the Minister specifies in a direction in writing given by him or her for the purposes of this subsection, and

(b) if the Minister so requests, such statement or evidence, in such form as the Minister requests, confirming that the foreign national has complied with the terms of the employment permit and the provisions of this Act during the period ending on the making of the application under this section.

(6) The Minister shall publish, in such manner as he or she considers appropriate, any direction given under subsection (5)(a).

(7) An application under this section shall be in writing.

(8) Sections 18 and 22 shall, subject to the modifications specified in subsection (9), apply to an application to change employer under this section as they apply to an application to grant an employment permit.

(9) The modifications mentioned in subsection (8) are—

(a) in section 18 —

(i) the omission of subsections (1)(b), (3)(b) and (4),

(ii) in subsection (1)(c), construing the reference to section 12 or 13 as a reference to this section, and

(iii) in subsection (1)(d), construing the reference to section 32 or 33 as a reference to section 30 ,

(b) construing the references to the grant of an employment permit as references to the approval of a change of employer under this section,

(c) construing the references to an application for an employment permit or an application for a grant of an employment permit as references to an application under this section, and

(d) any other necessary modifications.

(10) Subject to sections 9 (2)(j), 22 (as applied by subsection (8)) and 30 , the Minister may, on consideration of an application made under this section, approve a change to the approved seasonal employer specified in a permit referred to in subsection (1)(a).

(11) Where the Minister approves a change of employer under subsection (10), the permit concerned shall operate to permit the employment in the State of the foreign national concerned by the new employer in the employment specified in the application.

(12) The approval by the Minister of a change of employer under this section shall not operate to change the period for which the foreign national concerned may be employed in the State pursuant to the permit.

(13) Where the Minister approves a change of employer under this section, the foreign national concerned shall commence employment with the new employer within a prescribed period.

(14) Where the Minister approves a change of employer under this section—

(a) the Minister shall amend the permit concerned to specify the name of the new employer,

(b) the Minister may, where appropriate, amend the permit concerned in so far as it specifies the description and statement referred to in section 21 (2)(b), any statement of conditions attaching to the permit referred to in section 21 (2)(f), and any information referred to in section 21 (2)(g), and

(c) the Minister shall, after making the amendments in paragraph (a) and, where applicable, paragraph (b), issue the permit to the foreign national concerned and the new employer.