Ireland Shifts Focus to Workplace Immigration Compliance

Irish employers are facing greater scrutiny for non-compliance with immigration rules.

The government has indicated that it will step up its enforcement of workplace immigration compliance with Taoiseach Simon Harris noting in May that Ireland needs increased workplace inspections. Immigration compliance in the workplace is governed by both specific employment permit legislation and general immigration laws. This means that both employers and need to be aware of a number of key compliance points in order to stay within the rules. The rules governing compliance in this regard are also due to change somewhat with the newly enacted but not yet commenced Employment Permits Act 2024.

What do we mean when we say compliance?

Given the numerous permissions an employee may hold, it is not possible to set out all the rules that may apply to every situation, however, there are some overarching rules and guidelines that employers and individuals should be aware of to ensure they do not fall afoul of the law.

Employers are responsible for ensuring that their employees have the necessary permission for the work they are offering. All employees need to have permission to work that aligns with their contract or job offer. This may involve conducting right-to-work assessments for employees with existing permission to ensure it covers the type of work and hours required by the employer.

 On the other hand, compliance may also involve actively applying for an employment permit or other permission and only allowing an employee to work once they have the correct paperwork. This process can be time-consuming and costly, without the right support. In addition, employers must ensure employees maintain the correct permissions for the duration of their employment. Employers need to be aware of their non-EEA population and their obligations when considering end of year promotions, departmental changes, and salary amendments as often such changes need to be notified to the Department of Enterprise, Trade and Employment.

2023 Workplace Relations Commission Inspections

The Workplace Relations Commission (WRC) has been increasing its inspections related to immigration compliance in various industries. These inspections tend to occur without warning and are usually unannounced. In the past year, 56% of the 6,519 inspections were unannounced, and 42% were full audits not limited to a specific complaint or breach.

During these inspections, employers may be asked to provide immigration documentation for all qualified employees. Full audits can be lengthy and involve extensive document verification, potentially impacting an employer's ability to utilize the employment permits system. The number of workplace inspections has been increasing annually, with approximately 700 more inspections in 2023 compared to 2022. Given the growing government focus on this issue, the number of inspections is expected to continue rising into next year.

What if a breach arises?

If someone is found to be working in Ireland without permission, both the individual and the employer face legal implications. For instance, a student working 40 hours during term time in an Irish university may have a valid right to reside, but not necessarily a right to work for 40 hours per week. In such a case, the person would likely be in breach of their residence permission conditions, committing an offence, if they were working beyond the hours permitting by their permission (typically 20 hours during term time).

Similarly, working for an employer without the required employment permit is also a breach of the Employment Permit Acts and constitutes an offence for both the individual and the employer. An employee or employer could be fined up to EUR 250,000 or the employee could find themselves facing a prison sentence of up to 10 years.

While harsh penalties might not always be imposed in practice, in 2023, there were 53 court convictions for employers for Employment Permit breaches.

In general, breaches could range from having an individual employed without any valid permit, to having an employee not working in accordance with the specifics of their individualised employment permit as approved by the Department of Enterprise, Trade and Employment.

Other consequences

Corporate transactions

Aside from fines and prison sentences, there are other consequences for non-compliance. An under-considered impact is immigration compliance in the context of corporate transactions. Where a merger or acquisition is afoot and companies begin to engage with corporate due diligence, immigration compliance can be a subject of debate, particularly where there are potential liabilities overhanging such a transaction. During the due diligence process, the person on the other side of the transaction will review employment law matters, including the right to work, and any potential issues or suits that could result in any breaches. Ensuring compliance with immigration policy throughout the process helps protect both parties and guards against any financial or legal fall outs from a lack of compliance. 

Being a good supportive employer to staff

In an age of intense competition for highly skilled workers, it’s important for employers to recognise the role good immigration support can have on retention and recruitment of their workforce and that immigration policies are just as crucial for business compliance as standard workplace policies.

Reputation

With immigration taking centre stage in many major elections around the world this year, compliance has never been more crucial—for protection of businesses and their workforce.

Need to know more?

For questions or support regarding immigration and compliance in Ireland, please contact Manager Maedhbh Donnelly at [email protected] and Manager Samantha Arnold at [email protected].

This blog was published on 27 August 2024, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.