Employment Permits Act 2006


Number 16 of 2006


EMPLOYMENT PERMITS ACT 2006

REVISED

Updated to 8 August 2018


This Revised Act is an administrative consolidation of the Employment Permits Act 2006. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Companies (Statutory Audits) Act 2018 (22/2018), enacted 25 July 2018, and all statutory instruments up to and including Employment Permits (Amendment) (No. 3) Regulations 2018 (S.I. No. 318 of 2018), made 8 August 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 16 of 2006


EMPLOYMENT PERMITS ACT 2006

REVISED

Updated to 8 August 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Employment Permits Acts 2003 to 2014: this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Employment Permits (Amendment) Act 2014 (26/2014), s. 1(2)). The Acts in the group are:

Employment Permits Act 2003 (7/2003)

Employment Permits Act 2006 (16/2006)

Industrial Relations (Amendment) Act 2012 (32/2012), s. 16(1)

European Union (Accession of the Republic of Croatia) (Access to the Labour Market) Act 2013 (21/2013), s. 4(2)

Employment Permits (Amendment) Act 2014 (26/2014), other than Parts 4 and 5

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1984, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Workplace Relations Act 2015 (16/2015)

Employment Permits (Amendment) Act 2014 (26/2014)

Protected Disclosures Act 2014 (14/2014)

Industrial Relations (Amendment) Act 2012 (32/2012)

All Acts up to and including Companies (Statutory Audits) Act 2018 (22/2018), enacted 25 July 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Employment Permits (Amendment) (No. 3) Regulations 2018 (S.I. No. 318 of 2018)

European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018)

Employment Permits (Amendment) (No. 2) Regulations 2018 (S.I. No. 163 of 2018)

Employment Permits (Amendment) Regulations 2018 (S.I. No. 70 of 2018)

Employment Permits Regulations 2017 (S.I. No. 95 of 2017)

Employment Permits (Trusted Partner) (Amendment) Regulations 2016 (S.I. No. 403 of 2016)

Employment Permits (Amendment)(No. 2) Regulations 2016 (S.I. No. 363 of 2016)

Employment Permits (Amendment) Regulations 2016 (S.I. No. 33 of 2016)

Employment Permits (Amendment) (No. 2) Regulations 2015 (S.I. No. 602 of 2015)

Employment Permits (Amendment) Regulations 2015 (S.I. No. 349 of 2015)

Employment Permits (Trusted Partner) Regulations 2015 (S.I. No. 172 of 2015)

Employment Permits (Amendment) Regulations 2014 (S.I. No. 506 of 2014)

Employment Permits Regulations 2014 (S.I. No. 432 of 2014)

Protected Disclosures Act 2014 (Commencement) Order 2014 (S.I. No. 327 of 2014)

Employment Permits Act 2006 (Prescribed Fees and Miscellaneous Procedures) Regulations 2006 (S.I. No. 683 of 2006)

Employment Permits Act 2006 (Commencement) Order 2006 (S.I. No. 682 of 2006)

European Communities (Free Movement of Persons) (No. 2) Regulations 2006 (S.I. No. 656 of 2006)

All statutory instruments up to and including the Employment Permits (Amendment) (No. 3) Regulations 2018 (S.I. No. 318 of 2018), made 8 August 2018, were considered in the preparation of this revision.


Number 16 of 2006


EMPLOYMENT PERMITS ACT 2006

REVISED

Updated to 8 August 2018


ARRANGEMENT OF SECTIONS

Section

1. Interpretation.

1A. Definition of ‘remuneration’.

2. Amendment of section 2 of Act of 2003.

3. Further amendment of Act of 2003.

3A. Different purposes in respect of which an employment permit may be granted.

3B. Recommendation by enterprise development agency.

3C. Spouses, civil partners and certain dependants relating to section 3A(2)(b).

3D. Supplemental provisions relating to the grant of employment permit for purpose referred to in section 3A(2)(d).

3E. Supplemental provisions relating to the grant of employment permit for purpose referred to in section 3A(2)(e).

3F. Consultation by Minister.

4. Application for employment permit.

5. Foreign national is grantee of permit, general provisions as respects applications, etc.

6. Application (other than by a foreign national) for permit — information to be provided.

7. Application by foreign national — information to be provided.

8. Grant of employment permit by Minister.

9. Original of permit to be issued to foreign national, information to be included in permit, etc.

10. Restriction on grant of employment permit.

10A. Establishing need for grant of certain employment permits.

11. Consideration by Minister of application for employment permit.

12. Refusal to grant employment permit.

13. Review of decision to refuse permit.

14. Regulations governing grant of permits, etc.

14A. Remuneration relating to employments.

15. Criteria to which regard is to be had in making regulations under section 14 .

16. Revocation of employment permit.

17. Review of decision to revoke permit.

18. Prohibition on forgery, fraudulent alteration or fraudulent use of employment permit.

19. Prohibition on certain use of employment permit.

20. Renewal of employment permit.

20A. Redundancy of foreign national to whom employment permit granted for purpose referred to in section 3A(2)(a).

20B. Redundancy of foreign national to whom employment permit granted for purpose referred to in section 3A(2)(c).

20C. Information and documents to be provided with notification under section 20A or 20B of dismissal by reason of redundancy.

20D. Sections 20A and 20B: supplemental provisions.

21. Effect of order under section 3 or 4 of Immigration Act 1999.

22. Authorised officers.

23. Prohibition on deduction from remuneration and retention of personal documents.

24. Surrender of employment permit.

25. Provision of false or misleading information in relation to application under section 4 or 20 .

26. Prohibition on penalisation.

27. Retention of records.

28. Register of employment permits.

29. Regulations.

30. Further provisions in relation to regulations.

31. Service of notices.

32. Penalties and proceedings.

33. Offences by body corporate.

34. Presumption that a person is being employed.

35. Evidence through television link.

36. Delegation of functions.

37. Data exchange in respect of certain matters.

38. Transitional provision.

39. Amendment of section 1(1) of Act of 2003.

40. Expenses.

41. Short title, collective citation, construction and commencement.

SCHEDULE 1

Enactments offences under which fall within section 12 (1) (c)

SCHEDULE 2

Redress for Contravention of section 26 (3)


Acts Referred to

Bankruptcy Act 1988

1988, No. 27

Carers Leave Act 2001

2001, No. 19

Companies Act 1963

1963, No. 33

Companies Act 1990

1990, No. 33

Companies (Amendment) Act 1982

1982, No. 10

Courts Act 1981

1981, No. 11

Electronic Commerce Act 2000

2000, No. 27

Employment Agency Act 1971

1971, No. 27

Employment Permits Act 2003

2003, No. 7

European Communities Acts 1972 to 2003

Immigration Act 1999

1999, No. 22

Immigration Act 2004

2004, No. 1

Industrial Relations Act 1946

1946, No. 26

Industrial Relations Act 1990

1990, No. 19

Irish Nationality and Citizenship Act 1956

1956, No. 26

Minimum Notice and Terms of Employment Acts 1973 to 2005

National Minimum Wage Act 2000

2000, No. 5

Organisation of Working Time Act 1997

1997, No. 20

Organisation of Working Time Act 1997

1991, No. 25

Petty Sessions (Ireland) Act 1851

14 & 15 Vic., c. 93

Protection of Employees (Employers’ Insolvancy) Act 1984

1984, No. 21

Protection of Employees (Fixed-Term Work) Act 2003

2003, No. 29

Protection of Employees (Part-Time Work) Act 2001

2001, No. 45

Protection of Young Persons (Employment) Act 1996

1996, No. 16

Redundancy Payments Act 1967

1967, No. 21

Refugee Act 1996

1996, No. 17

Safety, Health and Welfare at Work Act 2005

2005, No. 10

Unfair Dismissals Acts 1977 to 2005


Number 16 of 2006


EMPLOYMENT PERMITS ACT 2006

REVISED

Updated to 8 August 2018


AN ACT TO PROVIDE FOR THE GRANT OF EMPLOYMENT PERMITS TO CERTAIN FOREIGN NATIONALS FOR THE PURPOSE OF PERMITTING THEM TO BE IN EMPLOYMENT IN THE STATE, TO ENABLE THE MINISTER FOR ENTERPRISE, TRADE AND EMPLOYMENT TO MAKE, HAVING HAD REGARD TO CERTAIN CRITERIA, REGULATIONS IMPOSING A LIMIT ON THE NUMBER OF SUCH PERMITS THAT MAY BE GRANTED IN A PARTICULAR PERIOD AND IMPOSING CERTAIN OTHER RESTRICTIONS WITH REGARD TO THE GRANT OF SUCH PERMITS, TO OTHERWISE REGULATE THE EMPLOYMENT OF CERTAIN FOREIGN NATIONALS IN THE STATE AND PROVIDE CERTAIN PROTECTIONS FOR FOREIGN NATIONALS IN EMPLOYMENT IN THE STATE, TO AMEND THE EMPLOYMENT PERMITS ACT 2003 AND TO PROVIDE FOR RELATED MATTERS.

[23 rd June, 2006]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of collectively cited Employment Permits Acts restricted (30.06.2018) by European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018), reg. 11(12), in effect as per reg. 1(2).

Labour market access permission

11. ...

(12) The Employment Permits Acts 2006 to 2014 shall not apply to a non-national (within the meaning of that Act) who is an applicant or a recipient.

...