S.I. No. 328/2024 - Employment Permits (Amendment) (No. 3) Regulations 2024


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th July, 2024.

I, EMER HIGGINS, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on me by sections 14, 29 and 30 (as amended by sections 17, 29 and 30 of the Employment Permits (Amendment) Act 2014 (No. 26 of 2014)) of the Employment Permits Act 2006 (No. 16 of 2006) (as adapted by the Business, Enterprise and Innovation (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 519 of 2020 )) and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) Order 2024 ( S.I. No. 165 of 2024 ), hereby make the following regulations:

1. (1) These Regulations may be cited as the Employment Permits (Amendment) (No. 3) Regulations 2024.

(2) The collection citation “the Employment Permits Regulations 2017 to 2024” includes these Regulations.

2. In these Regulations—

“Principal Regulations” means the Employment Permits Regulations 2017 ( S.I No. 95 of 2017 );

“Regulations of 2023” means the Employment Permit (Amendment) (No. 3) Regulations 2023 ( S.I. No. 680 of 2023 ).

3. Regulation 8(2) (as amended by Regulation 4 of the Employment Permits (Amendment) (No. 3) Regulations ( S.I. No. 677 of 2022 )) of the Principal Regulations is amended—

(a) in subparagraph (m), by substituting “horticulture worker, meat processor operative or sea fisher in the Irish fishing fleet” for “horticulture worker or meat processor operative”,

(b) in subparagraph (p), by substituting “employment;” for “employment; and”,

(c) in subparagraph (q), by substituting “made; and” for “made.”, and

(d) by inserting after subparagraph (q) the following subparagraph:

“(r) in the case of an application for employment as a sea fisher in the Irish fishing fleet—

(I) a clear and complete copy of the terms of employment, work agreement or contract of employment, entered into by the foreign national in respect of whom the application is made, in the English language, including—

(A) the particulars required under the Fisherman’s Work Agreement provided for under Regulation 7 of the European Union (International Labour Organisation Work in Fishing Convention) (Crew List and Fisherman’s Work Agreement) Regulations 2020,

(B) the particulars required under the Principal Act and Section 3 (1) and Section 3 (1A) of the Terms of Employment (Information) Act 1994 (No. 5 of 1994),

(C) details of the periodic payments of the minimum annual remuneration, and

(D) all deductions from pay, including any deduction for the provision of food or accommodation by the employer while on the fishing vessel,

(II) a certified translation of the agreement or contract referred to in clause (I) in a language comprehensible to the sea fisher, and

(III) a copy of a declaration signed by the person who makes the offer of employment that that person will ensure the foreign national concerned will be enrolled in a Bord Iascaigh Mhara (BIM) Safety Training Scheme prior to commencement of employment in accordance with the Fishing Vessel (Basic Safety Training) Regulations 2001 ( S.I. No. 587 of 2001 ).”.

4. Schedule 3 (as amended by Regulation 11 of the Regulations of 2023) of the Principal Regulations is amended by substituting for entry SOC-3 no. 354 the following:

SOC 3

Categories of Employment

SOC 4

Employment

354

Sales, Marketing and Related Associate Professionals

3542

Business sales executives specialising in International Sales Roles or ITB2B sales roles and with fluency in the official language of a state which is not a Member State of the EEA and is not an official language of an EEA state

3543

International marketing experts with required domain knowledge specialising in product strategy development and management with technical and product/service knowledge (pharmaceutical, medical devices, Software B2B, SaaS products)

”.

5. The Principal Regulations are amended by substituting for Schedule 4 (as amended by Regulation 11 of the Regulations of 2023) the Schedule set out in the Schedule to these Regulations.

6. Schedule 7 (inserted by Regulation 12 of the Regulations of 2023) of the Principal Regulations is amended by substituting for the entry for “Meat Processing Operative” the following entries:

Column 1

Column 2

Column 3

Employments

Maximum number

Start date of period during which maximum number shall be granted

Meat Processor Operative

1,000

17 January 2024

Sea fisher in the Irish fishing fleet

150

2 July 2024

”.

Regulation 5

Schedule

New Schedule 4 to Principal Regulations

Regulations 18, 29, 31, 43 and 61

Schedule 4

Employments in respect of which an employment permit shall not be granted

SOC-3

Categories of employment

SOC-4

Employment

122

Managers in Hospitality and Leisure Services

1225

Leisure and sports facilities managers

1226

Travel agency managers

124

Managers in Health and Care Services

1242

Residential, day and domiciliary care managers

(with the exception of those working in disability services)

125

Managers in Other Services

1251

Property, housing and estate managers

1252

Garage managers

1253

Hairdressing and beauty salon managers

1254

Shopkeepers – wholesale and retail

1255

Waste disposal and environmental services managers

1259

Other managers in other services not elsewhere classified (includes Betting shop manager, Graphic design manager, Library manager, Plant hire manager, Production manager)

(with the exception of Safety Manager)

222

Therapy Professionals

2229

Other therapy professionals not elsewhere classified

(with the exception of orthoptists, and chiropractors who are members of the Chiropractic Association of Ireland)

(with the exception of Play Therapists working in disability services)

244

Welfare Professionals

2443

Probation officers

2449

Other welfare professionals not elsewhere classified

312

Draughtspersons and Related Architectural Technicians

3121

Town planning technicians

321

Health Associate Professionals

3217

Pharmaceutical technicians

3218

Dental technicians only

3219

Other health associate professionals not elsewhere classified (includes Acupuncturists, Homeopaths, Hypnotherapists, Massage therapists, Reflexologists, Sports therapists)

(with the exception of Genetic Counsellor)

323

Welfare and Housing Associate Professionals

3231

Youth and community workers

(with the exception of Family Support Workers working in disability services)

3233

Child and early years officers

3234

Housing officers

3235

Counsellors

3239

Other welfare and housing associate professionals not elsewhere classified

(with the exception of Project Officer working in disability services)

(with the exception of Support Worker)

331

Protective Service Occupations

3311

NCOs and other ranks

3312

Police officers (sergeant and below)

3313

Fire service officers (watch manager and below)

3314

Prison service officers (below principal officer)

3315

Police community support officers

3319

Other protective service associate professionals not elsewhere classified

344

Sports and Fitness Occupations

3443

Fitness instructors

352

Legal Associate Professionals

3520

Legal associate professionals

(with the exception of employment of a person fluent in the official language of a State which is not a member of the EEA and is not an official language of an EEA state and who has market knowledge of that non-EEA state)

354

Sales, Marketing and Related Associate Professionals

3544

Estate agents and auctioneers

3546

Conference and exhibition managers and organisers

356

Public Services and Other Associate Professionals

3561

Public services associate professionals

3563

Vocational and industrial trainers and instructors

(with the exception of mobility instructors and Guide Dog mobility instructors for the visually impaired)

(with the exception of Autism Assistance Dog Instructor)

3564

Careers advisers and vocational guidance specialists

(with the exception of career guidance teachers in secondary schools)

3565

Inspectors of standards and regulations

3567

Health and safety officers

(with the exception of Construction Safety Officers)

411

Administrative Occupations: Government and Related Organisations

4112

National government administrative occupations

4113

Local government administrative occupations

412

Administrative Occupations: Finance

4121

Credit controllers

(with the exception of employment of a person fluent in the official language of a State which is not a member of the EEA and is not an official language of an EEA state, in a role in credit control where the employment is supported by an enterprise development agency)

4122

Book-keepers, payroll managers and wages clerks

(with the exception of employment of a person fluent in the official language of a State which is not a member of the EEA and is not an official language of an EEA state in a role in accounts payable where the employment is supported by an enterprise development agency)

4123

Bank and post office clerks

4124

Finance officers

4129

Other financial administrative occupations not elsewhere classified

413

Administrative Occupations: Records

4131

Records clerks and assistants

4132

Pensions and insurance clerks and assistants

4133

Stock control clerks and assistants

4135

Library clerks and assistants

4138

Human resources administrative occupations

415

Other Administrative Occupations

4151

Sales administrators

4159

Other administrative occupations not elsewhere classified

416

Administrative Occupations: Office Managers and Supervisors

4161

Office managers

4162

Office supervisors

421

Secretarial and Related Occupations

4211

Medical secretaries

4212

Legal secretaries

4213

School secretaries

4214

Company secretaries

4215

Personal assistants and other secretaries

4216

Receptionists

4217

Typists and related keyboard occupations

511

Agricultural and Related Trades

5111

Farmers (with the exception of Pig Manager)

5112

Horticultural trades

5113

Gardeners and landscape gardeners

5114

Groundsmen and greenkeepers

5119

Other agricultural and fishing trades not elsewhere classified

(with the exception of sea fisher in the Irish fishing fleet)

523

Vehicle Trades

5236

Boat and ship builders and repairers

5237

Rail and rolling stock builders and repairers

524

Electrical and Electronic Trades

5244

TV, video and audio engineers

5249

Other electrical and electronic trades not elsewhere classified

(with the exception of lineworker working on behalf of ESB Networks)

531

Construction and building trades

5319

Other construction and building trades not elsewhere classified

541

Textiles and Garments Trades

5411

Weavers and knitters

5413

Footwear and leather working trades

5419

Other textiles, garments and related trades not elsewhere classified

542

Printing Trades

5421

Pre-press technicians

5422

Printers

5423

Print finishing and binding workers

543

Food Preparation and Hospitality Trades

5432

Flour confectioners

5433

Fishmongers and poultry dressers

5434

Chefs

(with the exception of –

• Executive Chef with minimum of 5 years’ experience

• Head Chef with minimum of 5 years’ experience

• Sous Chef with minimum of 5 years’ experience

• Chef de Partie with minimum of 2 years’ experience

• Commis Chef with minimum of 2 years’ experience

who will be employed in establishments other than fast food outlets)

5435

Cooks

544

Other Skilled Trades

5441

Glass and ceramics makers, decorators and finishers

5443

Florists

5449

All other skilled trades not elsewhere classified

612

Childcare and Related Personal Services

6121

Nursery nurses and assistants

6122

Childminders and related occupations

6125

Teaching assistants

6126

Educational support assistants

613

Animal Care and Control Services

6131

Veterinary nurses

6132

Pest control officers

6139

Other animal care services occupations not elsewhere classified (with the exception of work riders)

614

Caring Personal Services

6142

Ambulance staff

(with the exception of paramedics)

6143

Dental nurses

6144

Houseparents and residential wardens

6146

Senior care workers

(with the exception of those working in disability services)

6147

Care escorts

6148

Undertakers, mortuary and crematorium assistants

621

Leisure and Travel Services

6211

Sports and leisure assistants

6212

Travel agents

6214

Air travel assistants

6215

Rail travel assistants

6219

Other leisure and travel service occupations not elsewhere classified

(with the exception of tourist guides fluent in the official language of a State which is not a member of the EEA and is not an official language of an EEA state)

622

Hairdressers and Related Services

6221

Hairdressers, barbers, and related occupations

6222

Beauticians and related occupations

623

Housekeeping and Related Services

6231

Housekeepers and related occupations

6232

Caretakers

624

Cleaning and Housekeeping Managers and Supervisors

6240

Cleaning and housekeeping managers and supervisors

711

Sales Assistants and Retail Cashiers

7111

Sales and retail assistants

7112

Retail cashiers and check-out operators

7113

Telephone salespersons

7114

Pharmacy and other dispensing assistants

7115

Vehicle and parts salespersons and advisers

712

Sales Related Occupations

7121

Collector salespersons and credit agents

7122

Debt, rent and other cash collectors

7123

Roundspersons and van salespersons

7124

Market and street traders and assistants

7125

Merchandisers and window dressers

7129

Other sales related occupations not elsewhere classified

713

Sales Supervisors

7130

Sales supervisors

721

Customer Service Occupations

7211

Call and contact centre occupations

(with the exception of employment of a person fluent in the official language of a State which is not a member of the EEA and is not an official language of an EEA state, where the employment is supported by an enterprise development agency and is in—

• a customer service and sales role with relevant product knowledge,

• a specialist online digital marketing and sales role, or

• a specialist language support and technical sales support role)

7213

Telephonists

7214

Communication operators

7215

Market research interviewers

7219

Other customer service occupations not elsewhere classified

722

Customer Service Managers and Supervisors

7220

Customer service managers and supervisors

811

Process Operatives

8111

Food, drink and tobacco process operatives

(with the exception of Computer Numerical Control Operative and

Meat processor operative)

8112

Glass and ceramics process operatives

(with the exception of Computer Numerical Control Operative)

8114

Chemical and related process operatives

(with the exception of Computer Numerical Control Operative)

8115

Rubber process operatives

(with the exception of Computer Numerical Control Operative)

8116

Plastics process operatives

(with the exception of Computer Numerical Control Operative)

8117

Metal making and treating process operatives

(with the exception of Computer Numerical Control Operative)

8118

Electroplaters

(with the exception of Computer Numerical Control Operative)

8119

Other process operatives not elsewhere classified

(with the exception of Computer Numerical Control Operative)

812

Plant and Machine Operatives

8121

Paper machine operatives

(with the exception of Computer Numerical Control Operative)

8122

Coal mine operatives

(with the exception of Computer Numerical Control Operative)

8123

Quarry workers and related operatives

(with the exception of Computer Numerical Control Operative)

8124

Energy plant operatives

(with the exception of Computer Numerical Control Operative)

8125

Metal working machine operatives

(with the exception of Computer Numerical Control Operative)

8126

Water and sewerage plant operatives

(with the exception of Computer Numerical Control Operative)

8127

Printing machine assistants

(with the exception of Computer Numerical Control Operative)

8129

Other plant and machine operatives not elsewhere classified

(with the exception of Computer Numerical Control Operative)

(with the exception of Saw Doctor)

813

Assemblers and Routine Operatives

8131

Assemblers (electrical and electronic products)

(with the exception of Armature Rewinder)

8132

Assemblers (vehicles and metal goods)

8133

Routine inspectors and testers

8134

Weighers, graders and sorters

8135

Tyre, exhaust and windscreen fitters

8137

Sewing machinists

8139

Other assemblers and routine operatives not elsewhere classified

814

Construction Operatives

8142

Road construction operatives

8143

Rail construction and maintenance operatives

8149

Other construction operatives not elsewhere classified

821

Road Transport Drivers

8211

Large goods vehicle drivers

(with the exception of heavy goods vehicle drivers who have-

• a category CE or C1E driving licence, or

• an equivalent category to a category CE or C1E driving licence identified through a mutual recognition agreement between the Road Safety Authority and the appropriate regulatory authority in another jurisdiction).

8212

Van drivers

8213

Bus and coach drivers

(with the exception of bus and coach drivers who have-

• A category D, DE, D1 or D1E driving licence, or

• an equivalent category to a category D, DE, D1 or D1E driving licence identified through a mutual recognition agreement between the Road Safety Authority and the appropriate regulatory authority in another jurisdiction)

8214

Taxi and cab drivers and chauffeurs

8215

Driving instructors

822

Mobile Machine Drivers and Operatives

8222

Fork-lift truck drivers

8223

Agricultural machinery drivers

8229

Other mobile machine drivers and operatives not elsewhere classified

823

Other Drivers and Transport Operatives

8231

Train and tram drivers

8232

Marine and waterways transport operatives

8233

Air transport operatives

8234

Rail transport operatives

8239

Other drivers and transport operatives not elsewhere classified

911

Elementary Agricultural Occupations

9111

Farm workers

(with the exception of dairy farm assistants)

(with the exception of pig farm assistants)

9112

Forestry workers

(with the exception of forestry worker/speciality forestry harvesting technician)

9119

Other fishing and other general agriculture occupations not elsewhere classified

(with the exception of horticulture worker)

912

Elementary Construction Occupations

9120

Elementary construction occupations

913

Elementary Process Plant Occupations

9132

Industrial cleaning process occupations

9134

Packers, bottlers, canners and fillers

9139

Other elementary process plant occupations not elsewhere classified

921

Elementary Administration Occupations

9211

Postal workers, mail sorters, messengers and couriers

9219

Other elementary administration occupations not elsewhere classified

923

Elementary Cleaning Occupations

9231

Window cleaners

9232

Street cleaners

9233

Cleaners and domestics

9234

Launderers, dry cleaners and pressers

9235

Refuse and salvage occupations

9236

Vehicle valeters and cleaners

9239

Other elementary cleaning occupations not elsewhere classified

924

Elementary Security Occupations

9241

Security guards and related occupations

9242

Parking and civil enforcement occupations

9244

School midday and crossing patrol occupations

9249

Other elementary security occupations not elsewhere classified

925

Elementary Sales Occupations

9251

Shelf fillers

9259

Other elementary sales occupations not elsewhere classified

926

Elementary Storage Occupations

9260

Elementary storage occupations

927

Other Elementary Services Occupations

9271

Hospital porters

9272

Kitchen and catering assistants

9273

Waiters and waitresses

9274

Bar staff

9275

Leisure and theme park attendants

9279

Other elementary services occupations not elsewhere classified

All

Work in the private home

All

Domestic operatives

”.

GIVEN under my hand,

2 July 2024

EMER HIGGINS

Minister of State at the Department of Enterprise, Trade and Employment

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations amend the Employment Permits Regulations 2017 to provide for employment permits for sea fishers in the Irish fishing fleet and make other minor amendments to the schedules thereto.

These Regulations may be cited as the Employment Permits (Amendment) (No. 3) Regulations 2024.