Updates to the employment permit system come into force in Ireland
At a glance
- The Employment Permits Act 2024 (Act) introduces important changes to employment permits law with effect from Monday 2 September 2024.
- Key updates include changes to the Labour Market Needs Test requirements; flexibility for certain permit holders to change employers after nine months; the introduction of a new Seasonal Employment Permit; and access of subcontractors to the employment permit system.
The Act contributes to a modernised and more flexible employment permits system and applies to non-EEA nationals wishing to take up residence and employment in Ireland. This represents the biggest reform to employment permits legislation in over a decade.
Some of the key changes impacting employers and permit holders are summarised below.
Labour Market Needs Test
Due to a modernisation to the Labour Market Needs Test, employers are no longer required to advertise job vacancies in print media and can use online platforms instead. Vacancies must still be published on the Jobs Ireland and EURES (the European Job Mobility Portal) websites operated by the Department of Social Protection.
Change of employer
General Employment Permit and Critical Skills Employment Permit holders can now change employers after nine months without the need to apply for a new permit (previously 12 months). This is restricted to the occupation or occupation classification on the original permit.
Seasonal Employment Permit
A new permit type has been introduced to address seasonal labour needs in sectors like horticulture, allowing non-EEA national to work for a maximum of seven months per calendar year in such sectors. A limited pilot scheme is intended to commence in early 2025.
Agencies and subcontractors
Employment permits are no longer restricted to direct employer / employee relationships and the employment permit system now cater for a wider range of contractual arrangements. Agencies can now be the employer of a permit holder carrying out work for their clients and the inclusion of a definition of subcontractor provides flexibility for industries relying on subcontracted work.
Further flexibility
- 50:50 rule has been revised providing more flexibility for employers who have no employees at time of application.
- Possibility of promotion and internal transfer of permit holders without the requirement for a new permit.
- Non-consultant hospital doctors may now access permits allowing them to work at multiple health facilities without the need for multiple applications.
If you require further information in relation to changes to the employment permits legislation, please contact a member of DLA Piper’s Irish Employment team.
