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PART 2
Employment in State of Foreign Nationals
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Chapter 1
Prohibition on employment in State without employment permit
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Employment in State of foreign nationals
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7. (1) A foreign national shall not—
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(a) enter the service of an employer in the State, or
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(b) be in employment in the State,
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except in accordance with an employment permit that is in force in respect of that foreign national.
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(2) Subsection (1)(b) applies whether the employment concerned results from—
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(a) the foreign national being employed in the State by a person,
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(b) the foreign national being employed outside the State by a foreign employer and being required by that foreign employer to carry out duties for, or participate in a training programme provided by, a person in the State who is connected to the foreign employer,
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(c) the foreign national being employed outside the State by a person to perform duties in the State the subject of a contract service agreement, or
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(d) any other arrangement.
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(3) A person shall not employ a foreign national in the State except in accordance with an employment permit that is in force in respect of that foreign national.
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(4) Where a contract service agreement is entered into between a relevant person and a contractor and either—
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(a) it is customary in the trade or business in which the agreement is entered into, or
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(b) the circumstances in which the agreement is entered into are such that it must reasonably have been in the contemplation of the parties to the agreement,
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that the means to be used by the contractor for complying with the agreement would consist of or involve, in whole or part, the services being rendered by persons employed by a person other than the contractor (and whether or not that person is in a contractual relationship with the contractor) then, if those means are used, it shall be the duty of the relevant person to take all such steps as are reasonable to ensure, in so far as one or more of the persons so employed is or are a foreign national or foreign nationals employed in the State for the purpose of rendering those services, that that foreign national or each of those foreign nationals is employed in accordance with an employment permit that is in force in respect of that foreign national.
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(5) A person shall not permit a foreign national who is employed outside the State by a foreign employer to carry out duties for, or participate in a training programme provided by, that person where that person is connected to the foreign employer, except in accordance with an employment permit that is in force in respect of that foreign national.
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(6) A person who contravenes subsection (1), (3), or (5), or fails to take the steps specified in subsection (4), shall be guilty of an offence.
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(7) It shall be a defence for a person charged with an offence under subsection (6) consisting of a contravention of subsection (1) to show that he or she took all such steps as were reasonably open to him or her to ensure compliance with subsection (1).
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(8) It shall be a defence for a person charged with an offence under subsection (6) consisting of a contravention of subsection (3) or (5) to show that he or she took all such steps as were reasonably open to him or her to ensure compliance with subsection (3) or (5).
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