The Employment Permits Act 2024, which was signed into law during the summer break, commenced this month on the 2nd of September. The main provisions of the 2024 Act are as follows:
Labour Market Needs Test
Employers are no longer required to advertise vacancies in print media. Ads can now be posted on online platforms, including newspapers or dedicated employment websites amongst others. The requirement for vacancies to be published with the Jobs Ireland and EURES websites remains.
Change of Employer
General Employment Permit (GEP) and Critical Skills Employment Permit (CSEP) holders can now switch employers after nine months. GEP holders can move within the same employment type, while CSEP holders can transition across broader roles.
Changing Employment and Employment Permit
Permit holders can apply for a new permit after nine months (down from 12), whether staying with their current employer or moving to a new one.
Progression within the Role
Permit holders can be promoted or transferred internally within the same company without needing a new permit, as long the permit holder would use the same skills and the employment remains eligible. At renewal, this situation will now be assessed on the basis of what would previously have been considered a change of employment permit.
Cancel Previous Permit on Grant of New Employment Permit
Upon the grant of an employment permit, the Minister will cancel any other permit which is in force for that foreign national, ensuring only one permit per foreign national can be in place at one time. Th new employment must be commenced within a period of six months from when the permit is granted or comes into force.
Dependant Employment Permit
The Dependant/Partner/Spouse Employment Permit has been revised to cater for the dependants of Critical Skills Employment Permit holders and Researchers under Directive 2005/71/EC.
Seasonal Employment Permits
The new Seasonal Employment Permit (SEP) allows short-term employment permit for a non-EEA national to work for a maximum of 7 months per calendar year in a seasonally recurrent employment. The Department states that the permit will be first introduced under a limited pilot scheme later in 2024 with the intention that it commence in early 2025.
The Department of Enterprise, Trade and Employment has published an information note on these key changes, which can be read in full here. The Department have also stated that further announcements and checklists will be made available over the coming period to keep employment permit users informed on the revised legislation.