Employment Permits Act 2024
|
Chapter 8 Cessation of employment permit | ||
|
Revocation of employment permit | ||
|
40. (1) The Minister may revoke an employment permit if— | ||
(a) in the opinion of the Minister, the holder of the permit or the employer or connected person has not complied with section 54 (1) or (2), | ||
(b) the holder of the permit or the employer, connected person or relevant person has been convicted of an offence under this Act or an enactment specified in Schedule 1 , | ||
(c) in the opinion of the Minister, it was obtained by fraud or misrepresentation, | ||
(d) in the opinion of the Minister, any information provided in respect of the application for it was false or misleading in a material respect, | ||
(e) in the case of a dependant employment permit— | ||
(i) the primary permit holder referred to in section 14 (2)(a) has been redundant within the meaning of section 7 (2) of the Act of 1967 for a period exceeding 6 months, | ||
(ii) the employment permit granted to the primary permit holder referred to in section 14 (2)(a) has been revoked, or | ||
(iii) the primary permit holder referred to in section 14 (2)(b) or the research project researcher referred to in section 14 (3)(b) no longer has the permission referred to in section 8 (1)(f), | ||
(f) the foreign national has not— | ||
(i) commenced employment in accordance with the employment permit within the period prescribed under section 19 (9), or | ||
(ii) where the Minister has approved a change of employer under section 27 (11) or 29 (10), commenced employment with the new employer (within the meaning of section 27 or 29 , as the case may be) within the period prescribed under section 27 (14) or 29 (13), as the case may be, | ||
(g) in the case of an intra-company transfer employment permit, in the opinion of the Minister the connected person or the foreign employer has failed to— | ||
(i) provide appropriate accommodation and board (or either of them) for the foreign national while he or she is in the State to perform duties for, or participate in a training programme provided by, the connected person, or | ||
(ii) provide appropriate health insurance in respect of the foreign national during some or all of the period for which the employment permit has been in force should he or she require medical treatment for illness or injury during such period, | ||
(h) in the case of a contract for service employment permit, in the opinion of the Minister, the contractor or subcontractor, as the case may be, has failed to— | ||
(i) provide appropriate accommodation and board (or either of them) for the foreign national while he or she is in the State to perform the duties arising from the contract service agreement concerned, or | ||
(ii) provide appropriate health insurance in respect of the foreign national during some or all of the period for which the employment permit has been in force should he or she require medical treatment for illness or injury during such period, | ||
(i) in the case of a seasonal employment permit, in the opinion of the Minister, the approved seasonal employer has failed to— | ||
(i) 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, or | ||
(ii) provide, without any cost to the foreign national, appropriate health insurance in respect of the foreign national during the period for which the employment permit has been in force should he or she require medical treatment for illness or injury during such period, | ||
(j) the foreign national is not, in the opinion of the Minister— | ||
(i) employed in the employment specified, in accordance with section 21 (2)(b), or 27 (15)(b) or 29 (14)(b) as the case may be, in the employment permit, | ||
(ii) employed by the person referred to in section 19 (2)(b) or, where applicable, a person referred to in section 31 (1)(c) or the new employer within the meaning of section 27 or 29 , or | ||
(iii) employed by the foreign employer or is not carrying out the duties for, or participating in a training programme provided by, the connected person referred to in section 19 (3), | ||
(k) in the opinion of the Minister, the remuneration paid, insofar as it relates to the salary referred to in paragraphs (a)(i), (b)(i) and (c)(i) of section 3 (1), to the foreign national is less than the national minimum hourly rate of pay or the hourly rate referred to in paragraph (b) of the definition of “standard working week remuneration”, | ||
(l) without prejudice to paragraph (k), in the opinion of the Minister— | ||
(i) the remuneration paid to the foreign national, during the period for which the employment permit has been in force, is less than the remuneration stated pursuant to section 21 (2)(b), or 27 (15)(b) or 29 (14)(b) as the case may be, in the employment permit or, as the case may be, the remuneration stated in the notification referred to in section 31 (2), or | ||
(ii) the deductions stated pursuant to section 21 (2)(b), or 27 (15)(b) or 29 (14)(b) as the case may be, in the employment permit or, as the case may be, the deductions stated in the notification referred to in section 31 (2), were different to the deductions made by the employer, | ||
(m) the statement of earnings, referred to in section 24 or 25 , does not comply with the requirements of section 24 (1)(c), or section 25 (1)(b), as the case may be, | ||
(n) the employment permit was granted by virtue of an administrative error, or | ||
(o) in the opinion of the Minister, it is in the public interest to do so. | ||
(2) Where the Minister decides to revoke an employment permit, he or she shall notify, in writing, the holder of the permit and the employer or the connected person, as the case may be, of— | ||
(a) the decision, | ||
(b) the reasons for it, and | ||
(c) the fact that the holder or the employer or both of them, or, as the case may be, the holder or the connected person or both of them, may, in accordance with regulations under section 50 (14), submit the decision to the Minister for review under section 41 within the period referred to in section 41 (2). | ||
(3) Subject to subsection (5), a decision to revoke an employment permit under this section shall, if such decision has not been submitted to the Minister for review under section 41 in accordance with that section, take effect on the expiration of the period mentioned in subsection (2)(c). | ||
(4) Where such a decision is submitted to the Minister for review under section 41 in accordance with that section, the revocation of the employment permit concerned shall, subject to subsection (5), not take effect until the review is determined (and the decision is confirmed on that review) or the submission of the decision for review is withdrawn. | ||
(5) Where, in the opinion of the Minister, the circumstances concerning the revocation of an employment permit are such that, having regard to the public interest, it is appropriate that the decision to revoke the permit should take effect immediately and he or she states that opinion in the notification of the decision under subsection (2), then the revocation shall take effect immediately on that notification. |