Employment Permit Holders to be Allowed Switch Employers has come into effect

On 4 October 2022, the Employment Permits Bill 2022 was officially released. According to the Department of Enterprise, Trade and Employment, the primary objective of this Bill is to enhance the adaptability of the permit system to Ireland’s changing labour market. This Bill aims to streamline the existing legislation by incorporating the previous Employment Permits Acts (2003, 2006, and 2014) into a single unified law, simplifying the application process for all parties involved. Additionally, this Bill introduces two new permit categories: one for contractors employed by non-Irish based employers and a seasonal employment permit tailored to those working in seasonal industries.

The Employment Permits Bill 2022 has been approved by both Houses of the Oireachtas and has been signed into law by the President with it coming into force yesterday 2nd September. While the main aim of the Bill is to combine and modernise existing employment permits legislation, it also encompasses several important amendments such as:

· the introduction of a Seasonal Employment Permit, based on strong labour rights, which will support the seasonal needs of certain sectors (pilot scheme to begin in 2025)

· the ability to change an employment permit to a new Employer after nine months to allow for better opportunities for workers and improve working conditions

· removal of requirement under Labour Market Needs test to advertise across the EEA and in print media prior to a permit being sought (Employers to publish vacancies online only which reflects modern advertising practices)

· moving operational details, such as the requirements of the Labour Market Needs Test to secondary legislation, which will allow the system to adapt quickly to changes in the labour market

· requiring additional conditions such as training and accommodation support for employment permit holders, which will make Ireland a more attractive destination

· allow for non-consultant hospital doctors to have a permit which will allow them to work at multiple sites, which will help to further streamline the system

· allowing permit holders to be promoted within their roles without the need for a new permit application.

Adare is a team of expert-led Employment Law, Industrial Relations and best practice Human Resource Management consultants. If your Organisation needs advice, support, or guidance about compliance requirements or any HR issues, please contact Adare by calling (01) 561 3594 or emailing info@adarehrm.ie to learn what services are available to support your business.