Ireland: New Employment Permit Type, Labour Market Testing Improvements and Change of Employer Rules Forthcoming
July 4, 2024
At a Glance
- Ireland will introduce a new employment permit for seasonal workers, streamline its labour market testing processes, and modify its ‘change of employer’ rules.
- These reforms are part of the recently approved Employment Permits Act 2024, which also introduces new notification obligations, among other changes. The practical elements of this Act have not yet taken effect.
- When implemented, these reforms are likely to make it easier for employers to attract talent, though may also present administrative challenges in the context of the Irish government’s increased focus on compliance.
The situation
Following approval of the Employment Permits Act 2024, Ireland will introduce a new employment permit for seasonal workers and dependents, streamline Ireland’s labour market testing processes, and modify its ‘change of employer’ rules, among other changes. A timeline for implementation has not yet been provided.
A closer look
CHANGE | IMPACT |
Seasonal employment permit.
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Digitised labour market testing processing. Labour market testing in newspapers will no longer be required. Rather, such advertisements will only need to be placed on approved online platforms. Further details about eligible online platforms are to be clarified in future regulations. |
Employer are likely to benefit from more efficient labour market testing processes (as well as reduced costs). |
Change of employer processes eased.
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The legislation makes the additional following changes, among others:
- The government will be able to attach additional conditions to employment permits, like accommodation or education requirements, and other measures to reduce reliance on non-European Economic Area talent.
- The law creates an official rule for employees to notify the Department of Enterprise, Trade and Employment (DETE) of any change of their home address or email address.
Background
The primary goal of this act was to consolidate the assortment of multiple related amended acts implemented over a 15-year period.
Looking ahead
- More discretion to government. This act allows the Minister of Justice to amend rules using regulations to better respond to changes in the labour market without implementing further legislation. This will aid in the country’s changing in-demand roles and other factors in the labour market.
- Further steps to implementation. For the Act to take effect, the Minister for Enterprise, Trade and Employment (or a delegated junior minister) will need to sign a commencement order, as well as make regulations to provide for specific rules. A timeline for these steps has not yet been provided by the government.
- Recent other reforms. This reform highlights a general trend in Ireland to continue liberalising its employment-based immigration landscape (or scaling back restrictive policies), including its largest ever expansion of the employment permits system; automatically granting work rights to eligible partners of various Irish employment permit holders; stepping back from raising the minimum salary level for healthcare workers; and reinstating a more relaxed eligibility framework for Stamp 4 permissions.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].