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

S.I. No. 163/2018 - Employment Permits (Amendment) (No. 2) Regulations 2018 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

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  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 2018 S.I. No. 163/2018 - Employment Permits (Amendment) (No. 2) Regulations 2018 S.I. No. 163/2018 - Employment Permits (Amendment) (No. 2) Regulations 2018 AmendmentsLeasuithe Download PDF Íoslódáil PDF Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 18th May, 2018. I, HEATHER HUMPHREYS, Minister for Business, Enterprise and Innovation, in exercise of the powers conferred on me by sections 14, 29 and 30 (as amended by sections 17 , 29 and 30 of the Employment Permits (Amendment) Act 2014 (No. 26 of 2014)) of the Employment Permits Act 2006 (No. 16 of 2006) (as adapted by the Jobs, Enterprise and Innovation (Alteration of Name of Department and Title of Minister) Order 2017 ( S.I. No. 364 of 2017 ), hereby make the following regulations: Citation 1.

(1)These Regulations may be cited as the Employment Permits (Amendment) (No. 2) Regulations 2018.
(2)The Principal Regulations, the Regulations of 2018 and these Regulations may be cited together as the Employment Permits Regulations 2017 and 2018 and shall be construed together as one. Commencement
  1. These Regulations come into operation on 21 May
  2. Definitions
  3. In these Regulations— “Principal Regulations” means the Employment Permits Regulations 2017 ( S.I. No. 95 of 2017 ); “Regulations of 2018” means the Employment Permits (Amendment) Regulations 2018 ( S.I. No. 70 of 2018 ). Amendment of Regulation 4
(3)of Principal Regulations 4. Regulation 4
(3)(c)(II) of the Principal Regulations is amended by substituting “tax clearance access number and tax reference number” for “tax clearance certificate”. Amendment of Regulation 6
(3)of Principal Regulations 5. Regulation 6
(3)(
  1. b)of the Principal Regulations is amended by substituting “tax clearance access number and tax reference number” for “tax clearance certificate”. Amendment of Regulation 8 of Principal Regulations 6. Regulation 8 (as amended by Regulation 5 of the Regulations of 2018) of the Principal Regulations is amended— (
  2. a)in paragraph
(2)— (
  1. i)in subparagraph (l), by substituting “the application is made; and” for “the application is made.”, and (
  2. ii)by inserting after subparagraph (
  3. l)the following subparagraph: “(
  4. m)in the case of an application for a General Employment Permit in respect of employment as a horticulture worker, meat processor operative or dairy farm assistant, a copy of a declaration signed by the person who makes the offer of employment that that person will ensure the foreign national concerned has access to suitable accommodation and training (including language training).”, and (
  5. b)in paragraph
(3)(d)(II), by substituting “tax clearance access number and tax reference number” for “tax clearance certificate”. Amendment of Regulation 9
(2)of Principal Regulations 7. Regulation 9
(2)(h) of the Principal Regulations is amended by substituting “tax clearance access number and tax reference number” for “tax clearance certificate”. Amendment of Regulation 29
(1)of Principal Regulations 8. Regulation 29
(1)of the Principal Regulations is amended— (
  1. a)in subparagraph (c), by substituting “remuneration is €13.31,” for “remuneration is €13.31, or”, (
  2. b)in subparagraph (d), by substituting “remuneration is €13.56,” for “remuneration is €13.56, or”, and (
  3. c)by inserting after subparagraph (
  4. d)the following subparagraph: “(
  5. dd)in the case of employment as a horticulture worker, meat processor operative or dairy farm assistant, the minimum remuneration is €22,000 and in respect of which the minimum hourly rate of remuneration is €10.85, or”. Amendment of Regulation 30 of Principal Regulations 9. Regulation 30 (as amended by Regulation 10 of the Regulations of 2018) of the Principal Regulations is amended by inserting after paragraph
(4)the following paragraph: “
(5)The maximum number of General Employment Permits that may be granted in respect of employment— (
  1. a)as a horticulture worker is 500, (
  2. b)as a meat processor operative is 250, and (
  3. c)as a dairy farm assistant is 50, and the period during which those maximum numbers shall be granted is the period up until those maximum numbers of permits are granted.” Amendment of Schedule 4 to Principal Regulations 10. The Principal Regulations are amended by substituting for Schedule 4 the Schedule set out in the Schedule to these Regulations. Regulation 10 Schedule New Schedule 4 to the Principal Regulations “Regulations 18, 29, 31, 36, 43, 61 Schedule 4 Employments in respect of which an employment permit shall not be granted SOC-3 Categories of employment SOC-4 Employment 122 Managers in Hospitality and Leisure Services 1221 Hotel and accommodation managers 1223 Restaurant and catering establishment managers 1224 Publicans and managers of licensed premises 1225 Leisure and sports facilities managers 1226 Travel agency managers 124 Managers in Health and Care Services 1242 Residential, day and domiciliary care managers 125 Managers in Other Services 1251 Property, housing and estate managers 1252 Garage managers 1253 Hairdressing and beauty salon managers 1254 Shopkeepers — wholesale and retail 1255 Waste disposal and environmental services managers 1259 Other managers in other services not elsewhere classified (includes Betting shop manager, Graphic design manager, Library manager, Plant hire manager, Production manager) 222 Therapy Professionals 2221 Physiotherapists (with the exception of a physiotherapist affiliated to a particular sporting organisation applying for a Sport and Cultural Employment Permit) 2222 Occupational therapists 2223 Speech and language therapists 2229 Other therapy professionals not elsewhere classified (with the exception of orthoptists, and chiropractors who are members of the Chiropractic Association of Ireland) 244 Welfare Professionals 2442 Social workers 2443 Probation officers 2449 Other welfare professionals not elsewhere classified 311 Science, Engineering and Production Technicians 3114 Building and civil engineering technicians 312 Draughtspersons and Related Architectural Technicians 3121 Architectural and town planning technicians 3122 Draughtspersons 321 Health Associate Professionals 3216 Dispensing opticians 3217 Pharmaceutical technicians 3218 Dental technicians only 3219 Other health associate professionals not elsewhere classified (includes Acupuncturists, Homeopaths, Hypnotherapists, Massage therapists, Reflexologists, Sports therapists) 323 Welfare and Housing Associate Professionals 3231 Youth and community workers 3233 Child and early years officers 3234 Housing officers 3235 Counsellors 3239 Other welfare and housing associate professionals not elsewhere classified 331 Protective Service Occupations 3311 NCOs and other ranks 3312 Police officers (sergeant and below) 3313 Fire service officers (watch manager and below) 3314 Prison service officers (below principal officer) 3315 Police community support officers 3319 Other protective service associate professionals not elsewhere classified 344 Sports and Fitness Occupations 3443 Fitness instructors 352 Legal Associate Professionals 3520 Legal associate professionals(with the exception of employment of a person fluent in the official language, apart from English, of a State which is not a member of the EEA and who has market knowledge of that non-EEA state) 354 Sales, Marketing and Related Associate Professionals 3544 Estate agents and auctioneers 3546 Conference and exhibition managers and organisers 356 Public Services and Other Associate Professionals 3561 Public services associate professionals 3563 Vocational and industrial trainers and instructors(with the exception of mobility instructors for the visually impaired) 3564 Careers advisers and vocational guidance specialists 3565 Inspectors of standards and regulations 3567 Health and safety officers 411 Administrative Occupations: Government and Related Organisations 4112 National government administrative occupations 4113 Local government administrative occupations 412 Administrative Occupations: Finance 4121 Credit controllers(with the exception of employment of a person fluent in the official language, apart from English, of a state which is not a Member State of the EEA, in a role in credit control where the employment is supported by an enterprise development agency) 4122 Book-keepers, payroll managers and wages clerks(with the exception of employment of a person fluent in the official language, apart from English, of a state which is not a Member State of the EEA in a role in accounts payable where the employment is supported by an enterprise development agency) 4123 Bank and post office clerks 4124 Finance officers 4129 Other financial administrative occupations not elsewhere classified 413 Administrative Occupations: Records 4131 Records clerks and assistants 4132 Pensions and insurance clerks and assistants 4133 Stock control clerks and assistants 4134 Transport and distribution clerks and assistants 4135 Library clerks and assistants 4138 Human resources administrative occupations 415 Other Administrative Occupations 4151 Sales administrators 4159 Other administrative occupations not elsewhere classified 416 Administrative Occupations: Office Managers and Supervisors 4161 Office managers 4162 Office supervisors 421 Secretarial and Related Occupations 4211 Medical secretaries 4212 Legal secretaries 4213 School secretaries 4214 Company secretaries 4215 Personal assistants and other secretaries 4216 Receptionists 4217 Typists and related keyboard occupations 511 Agricultural and Related Trades 5111 Farmers 5112 Horticultural trades 5113 Gardeners and landscape gardeners 5114 Groundsmen and greenkeepers 5119 Other agricultural and fishing trades not elsewhere classified 521 Metal Forming, Welding and Related Trades 5211 Smiths and forge workers 5212 Moulders, core makers and die casters 5213 Sheet metal workers 5214 Metal plate workers, and riveters 5215 Welding trades (with the exception of TIG and MIG welders) 5216 Pipe fitters 522 Metal Machining, Fitting and Instrument Making Trades 5225 Air-conditioning and refrigeration engineers 523 Vehicle Trades 5231 Vehicle technicians, mechanics and electricians (with the exception of vehicle technicians and mechanics affiliated to a particular sporting organisation applying for a Sport and Cultural Employment Permit) 5232 Vehicle body builders and repairers 5234 Vehicle paint technicians 5236 Boat and ship builders and repairers 5237 Rail and rolling stock builders and repairers 524 Electrical and Electronic Trades 5241 Electricians and electrical fitters 5244 TV, video and audio engineers 5249 Other electrical and electronic trades not elsewhere classified 525 Skilled Metal, Electrical and Electronic Trades Supervisors 5250 Skilled metal, electrical and electronic trades supervisors 531 Construction and building trades 5312 Bricklayers and masons 5313 Roofers, roof tilers and slaters 5314 Plumbers and heating and ventilating engineers 5315 Carpenters and joiners 5316 Glaziers, window fabricators and fitters 5319 Other construction and building trades not elsewhere classified 532 Building Finishing Trades 5321 Plasterers 5322 Floorers and wall tilers 5323 Painters and decorators 533 Construction and Building Trades Supervisors 5330 Construction and building trades supervisors 541 Textiles and Garments Trades 5411 Weavers and knitters 5412 Upholsterers 5413 Footwear and leather working trades 5414 Tailors and dressmakers 5419 Other textiles, garments and related trades not elsewhere classified 542 Printing Trades 5421 Pre-press technicians 5422 Printers 5423 Print finishing and binding workers 543 Food Preparation and Hospitality Trades 5431 Butchers (with the exception of boners (meat)) 5432 Bakers and flour confectioners 5433 Fishmongers and poultry dressers 5434 Chefs(with the exception of— • Executive Chef with minimum of 5 years’ experience at that level • Head Chef with minimum of 5 years’ experience at that level • Sous Chef with minimum of 5 years’ experience at that level • Chef de Partie with minimum of 2 years’ experience at that level) 5435 Cooks 5436 Catering and bar managers 544 Other Skilled Trades 5441 Glass and ceramics makers, decorators and finishers 5442 Furniture makers and other craft woodworkers 5443 Florists 5449 All other skilled trades not elsewhere classified 612 Childcare and Related Personal Services 6121 Nursery nurses and assistants 6122 Childminders and related occupations 6125 Teaching assistants 6126 Educational support assistants 613 Animal Care and Control Services 6131 Veterinary nurses 6132 Pest control officers 6139 Other animal care services occupations not elsewhere classified (includes work riders) 614 Caring Personal Services 6141 Nursing auxiliaries and assistants 6142 Ambulance staff(with the exception of paramedics) 6143 Dental nurses 6144 Houseparents and residential wardens 6145 Care workers and home carers (with the exception of a carer in a private home) 6146 Senior care workers 6147 Care escorts 6148 Undertakers, mortuary and crematorium assistants 621 Leisure and Travel Services 6211 Sports and leisure assistants 6212 Travel agents 6214 Air travel assistants 6215 Rail travel assistants 6219 Other leisure and travel service occupations not elsewhere classified (with the exception of tourist guides fluent in the official language, apart from English, of a state which is not a Member State of the EEA) 622 Hairdressers and Related Services 6221 Hairdressers, barbers, and related occupations 6222 Beauticians and related occupations 623 Housekeeping and Related Services 6231 Housekeepers and related occupations 6232 Caretakers 624 Cleaning and Housekeeping Managers and Supervisors 6240 Cleaning and housekeeping managers and supervisors 711 Sales Assistants and Retail Cashiers 7111 Sales and retail assistants 7112 Retail cashiers and check-out operators 7113 Telephone salespersons 7114 Pharmacy and other dispensing assistants 7115 Vehicle and parts salespersons and advisers 712 Sales Related Occupations 7121 Collector salespersons and credit agents 7122 Debt, rent and other cash collectors 7123 Roundspersons and van salespersons 7124 Market and street traders and assistants 7125 Merchandisers and window dressers 7129 Other sales related occupations not elsewhere classified 713 Sales Supervisors 7130 Sales supervisors 721 Customer Service Occupations 7211 Call and contact centre occupations (with the exception of employment of a person fluent in the official language, apart from English, of a state which is not a Member State of the EEA, where the employment is supported by an enterprise development agency and is in— • a customer service and sales role with relevant product knowledge, • a specialist online digital marketing and sales role, or • a specialist language support and technical sales support role) 7213 Telephonists 7214 Communication operators 7215 Market research interviewers 7219 Other customer service occupations not elsewhere classified 722 Customer Service Managers and Supervisors 7220 Customer service managers and supervisors 811 Process Operatives 8111 Food, drink and tobacco process operatives(with the exception of—• Computer Numerical Control Operative• meat processor operative) 8112 Glass and ceramics process operatives(with the exception of Computer Numerical Control Operative) 8113 Textile process operatives(with the exception of Computer Numerical Control Operative) 8114 Chemical and related process operatives(with the exception of Computer Numerical Control Operative) 8115 Rubber process operatives(with the exception of Computer Numerical Control Operative) 8116 Plastics process operatives(with the exception of Computer Numerical Control Operative) 8117 Metal making and treating process operatives(with the exception of Computer Numerical Control Operative) 8118 Electroplaters(with the exception of Computer Numerical Control Operative) 8119 Other process operatives not elsewhere classified(with the exception of Computer Numerical Control Operative) 812 Plant and Machine Operatives 8121 Paper and wood machine operatives(with the exception of Computer Numerical Control Operative) 8122 Coal mine operatives(with the exception of Computer Numerical Control Operative) 8123 Quarry workers and related operatives(with the exception of Computer Numerical Control Operative) 8124 Energy plant operatives(with the exception of Computer Numerical Control Operative) 8125 Metal working machine operatives(with the exception of Computer Numerical Control Operative) 8126 Water and sewerage plant operatives(with the exception of Computer Numerical Control Operative) 8127 Printing machine assistants(with the exception of Computer Numerical Control Operative) 8129 Other plant and machine operatives not elsewhere classified(with the exception of Computer Numerical Control Operative) 813 Assemblers and Routine Operatives 8131 Assemblers (electrical and electronic products) 8132 Assemblers (vehicles and metal goods) 8133 Routine inspectors and testers 8134 Weighers, graders and sorters 8135 Tyre, exhaust and windscreen fitters 8137 Sewing machinists 8139 Other assemblers and routine operatives not elsewhere classified 814 Construction Operatives 8141 Scaffolders, stagers and riggers 8142 Road construction operatives 8143 Rail construction and maintenance operatives 8149 Other construction operatives not elsewhere classified 821 Road Transport Drivers 8211 Large goods vehicle drivers(with the exception of heavy goods vehicle drivers who have—(
  4. a)a category CE or C1E driving licence, or (
  5. b)an equivalent category to a category CE or C1E driving licence identified through a mutual recognition agreement between the Road Safety Authority and the appropriate regulatory authority in another jurisdiction). 8212 Van drivers 8213 Bus and coach drivers 8214 Taxi and cab drivers and chauffeurs 8215 Driving instructors 822 Mobile Machine Drivers and Operatives 8221 Crane drivers 8222 Fork-lift truck drivers 8223 Agricultural machinery drivers 8229 Other mobile machine drivers and operatives not elsewhere classified 823 Other Drivers and Transport Operatives 8231 Train and tram drivers 8232 Marine and waterways transport operatives 8233 Air transport operatives 8234 Rail transport operatives 8239 Other drivers and transport operatives not elsewhere classified 911 Elementary Agricultural Occupations 9111 Farm workers(with the exception of dairy farm assistant) 9112 Forestry workers 9119 Other fishing and other general agriculture occupations not elsewhere classified(with the exception of horticulture worker) 912 Elementary Construction Occupations 9120 Elementary construction occupations 913 Elementary Process Plant Occupations 9132 Industrial cleaning process occupations 9134 Packers, bottlers, canners and fillers 9139 Other elementary process plant occupations not elsewhere classified 921 Elementary Administration Occupations 9211 Postal workers, mail sorters, messengers and couriers 9219 Other elementary administration occupations not elsewhere classified 923 Elementary Cleaning Occupations 9231 Window cleaners 9232 Street cleaners 9233 Cleaners and domestics 9234 Launderers, dry cleaners and pressers 9235 Refuse and salvage occupations 9236 Vehicle valeters and cleaners 9239 Other elementary cleaning occupations not elsewhere classified 924 Elementary Security Occupations 9241 Security guards and related occupations 9242 Parking and civil enforcement occupations 9244 School midday and crossing patrol occupations 9249 Other elementary security occupations not elsewhere classified 925 Elementary Sales Occupations 9251 Shelf fillers 9259 Other elementary sales occupations not elsewhere classified 926 Elementary Storage Occupations 9260 Elementary storage occupations 927 Other Elementary Services Occupations 9271 Hospital porters 9272 Kitchen and catering assistants 9273 Waiters and waitresses 9274 Bar staff 9275 Leisure and theme park attendants 9279 Other elementary services occupations not elsewhere classified All Work in the private home All Domestic operatives Note: ‘SOC-3’ and ‘Soc-4’ refer to applicable levels in the Standard Occupational Classification system (SOC 2010)” GIVEN under my Official Seal, 14 May 2018. HEATHER HUMPHREYS, Minister for Business, Enterprise and Innovation. EXPLANATORY NOTE (This note is not part of the Instrument and does not purport to be a legal interpretation.) These Regulations amend the Employment Permits Regulations 2017 to provide for the removal of meat processor operatives, horticulture workers and dairy farm assistants from Schedule 4. They also set the maximum numbers of General Employment Permits that may be granted in respect of such employments, the minimum annual remuneration applicable for the grant of such permits and additional information, evidence and documentation requirements for foreign nationals applying for such permits. These Regulations also amend the Employment Permits Regulations 2017 to refer to “tax clearance access number and tax reference number” instead of “tax clearance certificate”. These Regulations may be cited as the Employment Permits (Amendment) (No. 2) Regulations 2018. These Regulations come into operation on 21 May 2018. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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