The Employment Permits Act 2024, which took effect on 2 September 2024, introduces significant updates to Ireland’s employment permit system. These changes are particularly important for businesses employing non-European Economic Area (non-EEA) nationals, offering greater flexibility for employers and employees alike.
The Department of Enterprise, Trade and Employment has also published an information note detailing these changes.
Summary of the Key Provisions
Simplified Labour Market Needs Test (LMNT)
Employers no longer need to advertise job vacancies in print media before considering non-EEA candidates, allowing employers to post vacancies on various online platforms, making the process quicker and more efficient.
However, the obligation to advertise on Jobs Ireland and EURES remains in place. This ensures that Irish and EEA citizens have access to these job opportunities first.
Increased Flexibility to Change Employers
Employees holding a General Employment Permit (GEP) or Critical Skills Employment Permit (CSEP) can now change employers after nine months (previously 12 months), as long as they stay within the same occupation category. This makes it easier for businesses and professionals to attract and retain talent while offering workers more career mobility.
Changing Employment & Employment Permit
Permit holders can also apply for a new permit if they wish to switch to a different eligible role or change employers. The mandatory period they are required to stay with their first employer has been reduced from 12 months to nine months unless there are extenuating circumstances.
Promotions and Internal Transfers Simplified
Receiving a promotion or transferring internally within the same company is now easier. Workers can advance within their organisation without needing to apply for a new permit, provided they continue using the same skills. This streamlines career progression and reduces administrative overheads for businesses.
Addressing Seasonal Labour Shortages
A new Seasonal Employment Permit (SEP) allows non-EEA nationals to work in Ireland for up to seven months per calendar year, providing reliable seasonal labour for industries like agriculture and horticulture. A pilot scheme for the SEP is expected to launch in late 2024 and be fully implemented in early 2025.
Expanded Flexibility for Agencies and Subcontractors
The updated system now accommodates more complex employment arrangements. Agencies can act as the official employer of a permit holder, even if the worker is performing services for an agency client. Similarly, subcontractors can now use the employment permit system, making it easier for sectors such as construction to comply with employment law.
Key Takeaways
The Employment Permits Act 2024 offers a more flexible, streamlined approach to managing non-EEA workers in Ireland, making it easier for employers to hire and retain top talent while also reducing the administrative burden.
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