Employment Permits (Amendment) Act 2014

10.

Amendment of section 8 of Act of 2006

10. (1) Section 8 of the Act of 2006 is amended in subsection (1) by substituting “sections 3A, 10, 10A, 12, 14, 20A and 20B” for “sections 10, 12 and 14,”.

(2) Section 8 of the Act of 2006 is amended by substituting the following subsection for subsection (2):

“(2) The employment permit so granted shall operate to permit the employment in the State of the foreign national—

(a) in the employment specified in the application by—

(i) the person, specified in the application, who made the offer of employment,

(ii) in the case of an application referred to in section 4(2)(a), the contractor concerned, or

(iii) in the case of an application referred to in section 4(2)(c), the person party to the arrangement referred to in that section who made the application,

or

(b) in the employment specified in the application in respect of which, in the case of an application referred to in section 4(2)(b), the foreign national is to carry out duties for, or participate in a training programme provided by, the connected person specified in that application.”.

(3) Section 8 of the Act of 2006 is amended by inserting the following subsection after subsection (4):

“(4A) An employment permit granted for the purpose referred to in section 3A(2)(d) shall specify the period for which the foreign national concerned may carry out duties for, or participate in a training programme provided by, the connected person, pursuant to the permit and the permit shall, subject to the provisions of this Act, remain in force for that period accordingly.”.

(4) Section 8 of the Act of 2006 is amended in subsection (5) by—

(a) substituting “shall, subject to subsections (6) and (7),” for “for that purpose shall”, and

(b) substituting “or on the date specified in such permit, as the date on which it is to come into force” for “or such longer period as may be specified by regulations under section 14”.

(5) Section 8 of the Act of 2006 is amended by inserting the following subsections after subsection (5):

(6) The period that shall be specified in an employment permit granted for the purpose referred to in section 3A(2)(b) shall be the lesser of—

(a) the period referred to in subsection (5), or

(b) the period beginning on the date of the grant of the permit or on the date specified in such permit as the date on which it is to come into force and ending on the date of the expiry of—

(i) the employment permit granted to the primary permit holder referred to in section 3C(2)(a),

(ii) the permission, referred to in section 3C(2)(b), given to the primary permit holder referred to in section 3C(2)(b) to remain in the State and be in employment in the State,

(iii) the permission referred to in section 3C(3)(a), given to the research project researcher referred to in section 3C(3)(a), or

(iv) the permission referred to in section 3C(3)(b), given to the research project researcher referred to in section 3C(3)(b) to remain in the State and be in employment in the State.

(7) The period that shall be specified in the employment permit granted in respect of the purpose referred to in—

(a) section 3A(2)(d), in respect of an employment referred to in section 3A(2)(d)(ii), or

(b) section 3A(2)(i),

shall not exceed 12 months.

(8) Where in the case of a transfer to which the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) applies, that takes effect during the period for which an employment permit is in force and pursuant to that transfer there is a change to the name of—

(a) the employer or, as the case may be, the connected person, specified in the employment permit—

(i) the employer or, as the case may be, the connected person, shall notify the Minister of that change of name, and

(ii) the Minister may amend the employment permit to reflect that change of name of the employer or, as the case may be, the connected person and may request such information and documents, as may be specified in regulations under section 29, in respect of such change of name,

or

(b) the relevant person—

(i) the contractor shall notify the Minister of that change of name, and

(ii) the Minister may amend the employment permit to reflect that change of name of the relevant person and may request such information and documents, as may be specified in regulations under section 29, in respect of such change of name.

(9) Nothing in subsection (6) shall be construed as preventing the specification of a period, in accordance with subsection (5), that is less than the period specified in subsection (5) in an employment permit referred to in subsection (6) in circumstances other than those specified in subsection (6).”.