The Employment Permits Bill 2022

The main purpose of the Bill is to consolidate the legislative framework concerning employment permits; however, the Bill also proposes a number of key changes, including:

1. Labour Market Needs Test: Employers will be delighted to hear that the Bill is expected to remove the newspaper advertising requirement. Advertisements will be placed on online platforms which will be prescribed in future regulations.
2. Seasonal Employment Permits: A new permit type will be created for seasonal workers. Employers will have to apply for a certificate in order to becoming approved seasonal employers.
3. Change of employer: It is anticipated that employees may apply to the Department of Enterprise, Trade and Employment (“DETE”) to amend the employer on their permit after a prescribed period and subject to having at least two months remaining on their current permit. This proposed change removes the obligation for a new application before an employee can change employers. This change won’t alter permit validity dates and an application may be refused by DETE if the new role is not the type of employment for which the existing employment permit was granted.
4. 12 month rule: Previously, employees on their first employment permit in the State were obliged to remain with their first employer for a minimum of 12 months. It is proposed that this period will now be between 6 – 12 months. This amendment is distinct from the change of employer mechanism noted above.
5. Change of home address: There will be a new obligation on an employee to notify DETE of a change to their home address or email address.