Employment Permits Act 2024

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Civil proceedings

59. (1) This section applies to a foreign national who, in contravention of section 7 (1)—

(a) entered the service of an employer in the State, or

(b) was in employment in the State,

without an employment permit and who is no longer in such service or employment.

(2) Where an employer referred to in section 7 (1)(a) or, in the case of employment referred to in section 7 (1)(b), a person referred to in section 7 (2)(a) or (c)—

(a) has not paid a foreign national to whom this section applies an amount of money in respect of work done or services rendered during the period for which the foreign national was in the employment without an employment permit, or

(b) has paid an amount of money that was, having regard to the work done or services rendered during such period, an insufficient amount of money,

the foreign national or, in accordance with subsection (5), the Minister, may institute civil proceedings in any court of competent jurisdiction for an amount of money to recompense the foreign national for such work done or services rendered.

(3) Where, in proceedings under subsection (5), a court before which the proceedings are brought is satisfied that the foreign national took all steps as were reasonably open to him or her to comply with section 7 (1), the court may make an order that in recompense for such work done or services rendered an amount of money shall be paid to the foreign national by the employer who employed the foreign national, or, as the case may be, the person referred to in section 7 (2)(a) or (c).

(4) The amount of money to be paid, pursuant to an order under subsection (3), to a foreign national in recompense for work done or services rendered shall be—

(a) in a case where no amount of money was paid in respect of work done or services rendered during the period for which the foreign national was in the employment without an employment permit, an amount equal to the greater of—

(i) an amount calculated by reference to the national minimum hourly rate of pay, or

(ii) an amount equal to an amount of pay for the work done or services rendered which is fixed under or pursuant to any enactment,

or

(b) in a case where an amount of money was paid in respect of work done or services rendered during the period for which the foreign national was in the employment without an employment permit, an amount equal to the difference between—

(i) the amount paid, and

(ii) an amount equal to the greater of—

(I) an amount calculated by reference to the national minimum hourly rate of pay, or

(II) an amount equal to an amount of pay for the work done or services rendered which is fixed under or pursuant to any enactment.

(5) The Minister may, at his or her discretion, institute civil proceedings under subsection (2) in the name, and on behalf, of the foreign national with the consent of that foreign national.

(6) Subject to subsection (8), proceedings under this section shall not be brought—

(a) after the expiration of 2 years from the day on which the foreign national ceased his or her employment or service with the employer or a person referred to in section 7 (2)(a) or (c), or

(b) in respect of any work or services, done or rendered more than 6 years prior to the day on which the foreign national ceased his or her employment or service with the employer or a person referred to in section 7 (2)(a) or (c).

(7) Subsection (6)(b) shall apply to proceedings under this section whether the work was done or the services were rendered before or on or after the coming into operation of this section.

(8) Without prejudice to subsection (6), proceedings under this section shall not be brought where—

(a) the foreign national, in respect of any right of action he or she may have and whether such right of action arises pursuant to any enactment or otherwise, has—

(i) instituted proceedings in relation to the same, or substantially the same, work done or services rendered as referred to in this section, or

(ii) otherwise commenced an action or other claim in relation to the same, or substantially the same, work done or services rendered as referred to in this section,

and

(b) those proceedings have, or that action or claim has, not been finally determined or have, or has, not been discontinued before being finally determined.

(9) In proceedings instituted by the Minister under this section, the court shall not award costs in favour of the foreign national but may award costs in favour of the Minister.

(10) The amount of money paid to a foreign national pursuant to an order under subsection (3) shall not be treated as reckonable emoluments within the meaning of the Social Welfare Consolidation Act 2005 for the purposes of that Act.

(11) In proceedings instituted by the Minister pursuant to subsection (5), the foreign national shall not be liable for costs but the court before which the proceedings are brought may order that any costs that might otherwise have been awarded against the foreign national shall be paid by the Minister.

(12) Subsection (5) shall not be in derogation of any right of a foreign national to institute proceedings under this section on his or her own behalf.

(13) The District Court has jurisdiction to hear and determine proceedings under this section where the amount claimed in the proceedings does not exceed €15,000.

(14) The jurisdiction of the District Court under this section shall be exercised by the judge of the District Court for the time being assigned to the District Court district in which the person against whom the proceedings are brought resides or carries on business.

(15) The Circuit Court has jurisdiction to hear and determine proceedings under this section where the amount claimed in the proceedings does not exceed €75,000.

(16) The jurisdiction of the Circuit Court shall be exercised by the judge of the Circuit Court for the time being assigned to the circuit in which the person against whom the proceedings are brought resides or carries on business.