Employment Permits Act 2024
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Change of approved seasonal employer: refusal to approve change | ||
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30. (1) Section 32 (7) and section 33 (1)(a), (c), (d), (f) to (m) and (p) shall, subject to the modifications specified in subsection (2), apply to the refusal to approve a change of employer under section 29 as they apply to the refusal to grant an employment permit. | ||
(2) The modifications mentioned in subsection (1) are— | ||
(a) in section 32 (7), the omission of the reference to that section being subject to sections 44 (5) and 45 (5), | ||
(b) in section 33 (1)(p), construing the reference to the person identified in the application in accordance with section 12 (6), or as the case may be, the connected person, as a reference to the new employer, | ||
(c) construing the references to the grant of an employment permit as references to the approval of a change of employer under section 29 , | ||
(d) construing the references to the application for the permit or the application as a reference to the application under section 29 , and | ||
(e) any other necessary modifications. | ||
(3) The Minister may refuse to approve a change of employer under section 29 if— | ||
(a) the foreign national is not, in the opinion of the Minister, employed by the existing employer in the employment specified in the employment permit referred to in section 29 (1), | ||
(b) the employment of the foreign national by the new employer is not the same type of seasonally recurrent employment for which the employment permit referred to in section 29 (1)(a) was granted, | ||
(c) the terms and conditions of the employment of the foreign national by the new employer are not comparable to those of the employment of the foreign national by the existing employer, including those relating to any of the matters specified under section 47 (12) as a condition for the grant of such a permit, | ||
(d) the foreign national has spent a continuous period of not less than one month outside the State during the period for which the employment permit has been in force that was not connected to his or her employment, | ||
(e) the foreign national has already made, under section 29 , the maximum number of applications specified in regulations under section 47 (5), or | ||
(f) in the opinion of the Minister, the new employer has not made appropriate arrangements— | ||
(i) to provide appropriate accommodation for the foreign national during the period for which he or she will be in the State pursuant to the employment permit referred to in section 29 (1), or | ||
(ii) to provide, without any cost to the foreign national, appropriate health insurance in respect of the foreign national should he or she require medical treatment for illness or injury during the period for which he or she will be in the State pursuant to the employment permit referred to in section 29 (1). | ||
(4) Section 28 (4) to (8) shall, subject to any necessary modifications, apply to a refusal to approve a change of employer under this section as they apply to a refusal to approve a change of employer under section 28 . | ||
(5) In this section— | ||
“existing employer” has the meaning assigned to it by section 29 (2); | ||
“new employer” has the meaning assigned to it by section 29 (2). |