Employment Permits (Amendment) Act 2014

Employment Permits (Amendment) Act 2014 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.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2014 Employment Permits (Amendment) Act 2014 Employment Permits (Amendment) Act 2014 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 26 of 2014 EMPLOYMENT PERMITS (AMENDMENT) ACT 2014 CONTENTS PART 1 Preliminary and General Section 1. Short title, collective citation, construction and commencement 2. Interpretation PART 2 Amendment of Act of 2003 3. Amendment of section 2 of Act of 2003 4. Insertion into Act of 2003 of new sections 2B and 2C PART 3 Amendment of Act of 2006 5. Amendment of section 1 of Act of 2006 6. Insertion into Act of 2006 of new section 1A 7. Insertion into Act of 2006 of new sections 3A, 3B, 3C, 3D, 3E and 3F 8. Amendment of section 4 of Act of 2006 9. Application for employment permit: information to be provided 10. Amendment of section 8 of Act of 2006 11. Amendment of section 9 of Act of 2006 12. Amendment of section 10 of Act of 2006 13. Insertion into Act of 2006 of new section 10A 14. Amendment of section 11 of Act of 2006 15. Amendment of section 12 of Act of 2006 16. Amendment of section 13 of Act of 2006 17. Amendment of section 14 of Act of 2006 18. Insertion into Act of 2006 of new section 14A 19. Amendment of section 15 of Act of 2006 20. Amendment of section 16 of Act of 2006 21. Amendment of section 17 of Act of 2006 22. Amendment of section 19 of Act of 2006 23. Amendment of section 20 of Act of 2006 24. Insertion into Act of 2006 of new sections 20A, 20B, 20C and 20D 25. Amendment of section 23 of Act of 2006 26. Amendment of section 24 of Act of 2006 27. Amendment of section 27 of Act of 2006 28. Amendment of section 28 of Act of 2006 29. Amendment of section 29 of Act of 2006 30. Amendment of section 30 of Act of 2006 31. Amendment of section 31 of Act of 2006 32. Amendment of section 37 of Act of 2006 33. Amendment of Schedule 1 to Act of 2006 PART 4 Amendment of Illegal Immigrants (Trafficking) Act 2000 34. Amendment of Illegal Immigrants (Trafficking) Act 2000 PART 5 Amendment of Immigration Act 2004 and Aliens Order 1946 35. Amendment of Immigration Act 2004 36. Amendment of Aliens Order 1946 PART 6 Miscellaneous 37. Amendment of Taxes Consolidation Act 1997 38. Repeals 39. Savings and transitional provisions Acts Referred to Aliens Act 1935 (No. 14) Civil Law (Miscellaneous Provisions) Act 2011 (No. 23) Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24) Companies Act 1963 (No. 33) Companies Acts Diplomatic Relations and Immunities Act 1967 (No. 8) Employment Permits Act 2003 (No. 7) Employment Permits Act 2006 (No. 16) Employment Permits Acts 2003 to 2013 European Union (Accession of the Republic of Croatia) (Access to the Labour Market) Act 2013 (No. 21) Friendly Societies Acts 1896 to 1977 Health Insurance Act 1994 (No. 16) Illegal Immigrants (Trafficking) Act 2000 (No. 29) Immigration Act 1999 (No. 22) Immigration Act 2003 (No. 26) Immigration Act 2004 (No. 1) Industrial and Provident Societies Acts 1893 to 1978 Interpretation Act 2005 (No. 23) Limited Partnerships Act 1907 (c.24) Protection of Employees (Part-Time Work) Act 2001 (No. 1) Protection of Employment Act 1977 (No. 7) Redundancy Payments Act 1967 (No. 21) Refugee Act 1996 (No. 17) Registration of Business Names Act 1963 (No. 30) Social Welfare Consolidation Act 2005 (No. 26) Taxes Consolidation Act 1997 (No. 39) Trade Union Acts 1871 to 1990 Unfair Dismissals Acts 1977 to 2005 Unfair Dismissals Acts 1977 to 2007 Number 26 of 2014 EMPLOYMENT PERMITS (AMENDMENT) ACT 2014 An Act to amend the Employment Permits Act 2003 , to provide a defence to a foreign national in certain proceedings under that Act, to provide for civil proceedings to recompense certain foreign nationals for work done or services rendered in certain circumstances; to amend and extend the Employment Permits Act 2006 ; to make further provision for the grant of employment permits; to amend the Illegal Immigrants (Trafficking) Act 2000 ; to amend the Immigration Act 2004 ; to amend the Aliens Order 1946; to amend the Taxes Consolidation Act 1997 ; and to provide for related matters. [27 th July, 2014] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General Short title, collective citation, construction and commencement 1. (1) This Act may be cited as the Employment Permits (Amendment) Act 2014. (2) The Employment Permits Acts 2003 to 2013 and this Act, other than Parts 4 and 5, may be cited together as the Employment Permits Acts 2003 to 2014. (3) The Employment Permits Acts 2003 to 2013 and this Act, other than Parts 4 and 5, shall be construed together as one. (4) This Act, other than Parts 4 and 5, shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions. (5) Parts 4 and 5 shall come into operation on such day or days as the Minister for Justice and Equality may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions. Interpretation 2. In this Act— “Act of 2003” means the Employment Permits Act 2003 ; “Act of 2006” means the Employment Permits Act 2006; “Minister” means the Minister for Jobs, Enterprise and Innovation. PART 2 Amendment of Act of 2003 Amendment of section 2 of Act of 2003 3. Section 2 of the Act of 2003 is amended— (a) in subsection (1A), by inserting the following paragraph after paragraph (a): “(aa) the foreign national being employed outside the State by a foreign employer and being required by the foreign employer to carry out duties for, or participate in a training programme provided by, a person in the State who is connected to the foreign employer,”, (b) by inserting the following subsection after subsection (2B): “(2C) A person shall not permit a foreign national who is employed outside the State by a foreign employer to carry out duties for, or participate in a training programme provided by, that person where that person is connected to the foreign employer, except in accordance with an employment permit granted by the Minister under section 8 of the Employment Permits Act 2006 that is in force.”, (c) in subsection (3) — (i) by substituting “, (2) or (2C)” for “or (2) ”, and (ii) in paragraph (b), by substituting “(2) or (2C)” for “(2) ”, (d) by inserting the following subsection after subsection (3): “(3A) It shall be a defence for a person charged with an offence under subsection (3) consisting of a contravention of subsection (1) to show that he or she took all such steps as were reasonably open to him or her to ensure compliance with subsection (1).”, (e) in subsection (4), by substituting “subsection (2) or (2C)” for “subsection (2) ” in each place where it occurs, (f) by inserting the following subsections after subsection (10A): “(10B) Without prejudice to any other provision of this Act, this section does not apply— (a) to a foreign national who is in the State pursuant to the Diplomatic Relations and Immunities Act 1967 , and (b) where the Minister for Foreign Affairs and Trade has certified in writing that the foreign national referred to in paragraph (a) falls within a reciprocal arrangement that permits a foreign national who is a member of the family of an assigned person, forming part of his or her household, to be in employment in the State. (10C) A foreign national referred to in subsection (10B) shall be entitled to be in employment in the State without an employment permit for the duration of the assignment to official duties in the State of the assigned person concerned. (10D) In subsections (10B) and (10C)— ‘assigned person’ means a person who is assigned, by a government of another state, to carry out official duty in the State on behalf of the government of that other state; ‘reciprocal arrangement’ means an arrangement (whether in the form of a memorandum of understanding or otherwise) that is entered into by the Government with another state.”, and (g) by substituting the following subsection for subsection (15): “(15) In this section— ‘connected’ has the meaning assigned to it by the Employment Permits Act 2006 ; ‘foreign employer’ has the meaning assigned to it by the Employment Permits Act 2006 ; ‘place’ includes any dwelling or any building or part of a building.”. Insertion into Act of 2003 of new sections 2B and 2C 4. The Act of 2003 is amended by inserting the following sections after section 2A: “Civil proceedings 2B. (1) This section applies to a foreign national who, in contravention of section 2(1) — (a) had entered the service of an employer in the State, or (b) was in employment in the State, without an employment permit granted by the Minister under section 8 of the Act of 2006 that was in force and who is no longer in such service or employment. (2) Where an employer referred to in section 2(1)(a) or, in the case of employment referred to in section 2(1)(b), a person referred to in section 2(1A)(a) or a contractor referred to in section 2(1A)(b) — (a) has not paid a foreign national to whom this section applies an amount of money in respect of work done or services rendered during the period for which the foreign national was in the employment or service without an employment permit, or (b) has paid an amount of money that was, having regard to the work done or services rendered during such period, an insufficient amount of money, the foreign national or, in accordance with subsection (5), the Minister, may institute civil proceedings for an amount of money to recompense the foreign national for such work done or services rendered. (3) Where, in proceedings under subsection (2), a court before which the proceedings are brought is satisfied that the foreign national took all steps as were reasonably open to him or her to comply with section 2(1), it may make an order that in recompense for such work done or services rendered an amount of money shall be paid to the foreign national by the employer who employed the foreign national, or, as the case may be, the person referred to in section 2(1A)(a) or the contractor referred to in section 2(1A)(b). (4) The amount of money to be paid, pursuant to an order under subsection (3), to a foreign national in recompense for work done or services rendered shall be— (a) in a case where no amount of money was paid in respect of work done or services rendered during the period for which the foreign national was in the employment without an employment permit, an amount equal to the greater of— (i) an amount calculated by reference to the national minimum hourly rate of pay, or (ii) an amount equal to an amount of pay for the work done or services rendered which is fixed under or pursuant to any enactment, or (b) in a case where an amount of money was paid in respect of work done or services rendered during the period for which the foreign national was in the employment without an employment permit, an amount equal to the difference between— (i) the amount paid, and (ii) an amount equal to the greater of— (I) an amount calculated by reference to the national minimum hourly rate of pay, or (II) an amount equal to an amount of pay for the work done or services rendered which is fixed under or pursuant to any enactment. (5) The Minister may, at his or her discretion, institute civil proceedings under subsection (2) in the name, and on behalf, of the foreign national with the consent of that foreign national. (6) Subject to subsection (10), proceedings under this section shall not be brought after the expiration of 2 years from the day on which the foreign national ceased his or her employment or service with the employer, a person referred to in section 2(1A)(a) or contractor referred to in section 2(1A)(b). (7) Proceedings under this section shall not be brought in respect of any work, or services, done or rendered more than 6 years prior to the day on which the foreign national ceased his or her employment or service with the employer, a person referred to in section 2(1A)(a) or a contractor referred to in section 2(1A)(b). (8) Subsection (7) shall apply to proceedings under this section whether the work was done or the services were rendered before or on or after the coming into operation of section 4 of the Employment Permits (Amendment) Act 2014. (9) Without prejudice to subsection (6), proceedings under this section shall not be brought where— (a) the foreign national, in respect of any right of action he or she may have and whether such right of action arises pursuant to any enactment or otherwise, has— (i) instituted proceedings in relation to the same, or substantially the same, work done or services rendered as referred to in this section, or (ii) otherwise commenced an action or other claim in relation to the same, or substantially the same, work done or services rendered as referred to in this section, and (b) those proceedings have, or that action or claim has, not been finally determined or have, or has, not been discontinued before being finally determined. (10) Where— (a) before the day on which this section comes into operation a foreign national had instituted proceedings or otherwise commenced an action or other claim for work done or services rendered that are, or is, wholly or substantially in respect of work done or services rendered— (i) during the period in which the foreign national was in the service of an employer in the State, or in employment in the State, without an employment permit referred to in subsection (1), and (ii) for which he or she has not been paid or has been paid an insufficient amount of money, and (b) the foreign national— (i) has, on or after the day on which this section comes into operation, discontinued the proceedings, action or claim before those proceedings are, or that action or claim is, finally determined, or (ii) has not, when those proceedings are, or such action or claim is, finally determined, been awarded any amount of money in recompense for such work done or such services rendered, the foreign national may institute proceedings under this section not later than 2 years from the day on which the proceedings were, or the action or claim was, discontinued or on which such determination was made in respect of such work done or such services rendered during a period of 6 years prior to the day on which he or she ceased his or her employment or service with the employer, a person referred to in section 2(1A)(a) or a contractor referred to in section 2(1A)(b). (11) In proceedings instituted by the Minister under this section the court shall not award costs in favour of the foreign national but may award costs in favour of the Minister. (12) The amount of money paid to a foreign national pursuant to an order under subsection (3) shall not be treated as reckonable emoluments within the meaning of the Social Welfare Consolidation Act 2005 for the purposes of that Act. (13) In proceedings instituted by the Minister pursuant to subsection (5), the foreign national shall not be liable for costs but the court before which the proceedings are brought may order that any costs that might otherwise have been awarded against the foreign national shall be paid by the Minister. (14) Subsection (5) shall not be in derogation of any right of a foreign national to institute proceedings under this section on his or her own behalf. (15) In this section— ‘Act of 2006’ means the Employment Permits Act 2006 ; ‘enactment’ has the meaning assigned to it by the Act of 2006; ‘national minimum hourly rate of pay’ has the meaning assigned to it by the Act of 2006. Section 2B: supplemental provisions 2C. (1) The District Court has jurisdiction to hear and determine proceedings under section 2B where the amount claimed in the proceedings does not exceed €15,000. (2) The jurisdiction of the District Court under this section shall be exercised by the judge of the District Court for the time being assigned to the district court district in which the person against whom the proceedings are brought resides or carries on business. (3) The Circuit Court has jurisdiction to hear and determine proceedings under section 2B where the amount claimed in the proceedings does not exceed €75,000. (4) The jurisdiction of the Circuit Court shall be exercised by the judge of the Circuit Court for the time being assigned to the circuit in which the person against whom the proceedings are brought resides or carries on business.”. PART 3 Amendment of Act of 2006 Amendment of section 1 of Act of 2006 5. Section 1(1) of the Act of 2006 is amended— (a) by inserting the following definitions: ‘Act of 1963’ means the Registration of Business Names Act 1963 ; ‘Act of 1967’ means the Redundancy Payments Act 1967 ; ‘Act of 1997’ means the Taxes Consolidation Act 1997 ; ‘Act of 2010’ means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ; ‘civil partner’ means a civil partner within the meaning of the Act of 2010; ‘civil partnership registration’ has the meaning assigned to it by the Act of 2010; ‘connected’, in relation to the connection between a connected person and a foreign employer, means— (a) the connected person is a subsidiary of the foreign employer, (b) the foreign employer is a subsidiary of the connected person, (c) the connected person and the foreign employer are both subsidiaries of a holding company that carries on business in the State or outside the State, or (d) the connected person and the foreign employer have entered into an agreement with another person whereby each of them agree to carry on business or provide services with each other in more than one state and to carry on business or provide services in the manner provided for in the agreement; ‘connected person’ means a person carrying on business in the State who is connected to a foreign employer; ‘contractor’ shall be construed in accordance with section 2(1A)(b) of the Act of 2003; ‘contract service agreement’ means the agreement referred to in section 2(1A)(b) of the Act of 2003; ‘date of dismissal’, in relation to a foreign national who is dismissed by reason of redundancy, has the meaning assigned to it by section 2 of the Act of 1967; ‘dependant’ means a foreign national who— (a) has been determined by the Minister for Justice and Equality to be a dependant of a primary permit holder or a research project researcher, (b) has, since he or she landed in the State, resided in the State on a continual basis, (c) is not in full-time education, and (d) resides with the primary permit holder or the research project researcher referred to in paragraph (a) ; ‘Directive 2005/71/EC’ means Council Directive 2005/71/EC 1 of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research; ‘dismissed by reason of redundancy’ means— (a) the dismissal by an employer from employment within the meaning of section 9 of the Act of 1967, and (b) the dismissal is— (i) attributable wholly or mainly to the condition specified in paragraph (a), (b), (c), (d) or (e) of section 7(2) of the Act of 1967, or (ii) a dismissal referred to in section 21 of the Act of 1967; ‘enactment’ has the meaning assigned to it by the Interpretation Act 2005 ; ‘enterprise development agency’ means Enterprise Ireland or the Industrial Development Agency (Ireland); ‘exchange agreement’ means an agreement, including an international agreement to which the State is a party, that provides for the reciprocal employment— (a) of citizens, or certain citizens, in the state in which a contracting party is located, and (b) in the State, of foreign nationals, or certain foreign nationals, of a contracting party; ‘foreign employer’ means a person carrying on business outside the State; ‘health insurance’ means insurance providing for the costs and charges of medical treatment; ‘health insurer’ means a person entered in the Register of Health Benefits Undertakings referred to in section 14 of the Health Insurance Act 1994 ; ‘holding company’ has the meaning assigned to it by section 155 of the Companies Act 1963 ; ‘medical treatment’ includes medical services or medical care; ‘primary permit holder’ means a foreign national to whom an employment permit in respect of the purpose referred to in section 3A(2)(a) — (a) has been granted and is in force, or (b) had been granted and has expired and following such expiration the foreign national has been given the permission referred to in section 2(10)(d) of the Act of 2003 to remain in the State and who is in employment in the State pursuant to the condition, referred to in section 2(10)(d) of the Act of 2003, of that permission; ‘registered with the Revenue Commissioners’ means registered with the Revenue Commissioners in accordance with regulations under section 986 of the Act of 1997; ‘relevant person’ means the person referred to in section 2(1A)(b) of the Act of 2003 with whom a contractor has made the contract service agreement; ‘research project researcher’ means a foreign national— (a) who, pursuant to Directive 2005/71/EC, has been granted permission by the Minister for Justice and Equality to be in the State to carry out research pursuant to the Directive, or (b) who, having been granted the permission referred to in paragraph (a), has been given the permission referred to in section 2(10)(d) of the Act of 2003 to remain in the State and who is in employment in the State pursuant to the condition, referred to in section 2(10)(d) of the Act of 2003, of that permission; ‘subsidiary’ has the meaning assigned to it by section 155 of the Companies Act 1963 .”, (b) by deleting the definition of “application by a foreign national”, (c) in the definition of “employer”, by deleting paragraph (b), (d) in the definition of “public interest”, by substituting the following paragraphs for paragraph (c): “(c) the need to protect and strengthen the labour market, and (d) supporting the economic growth of the State;”, (e) by substituting the following definition for the definition of “remuneration”: “‘remuneration’ shall be construed in accordance with section 1A;”, (f) by deleting the definition of “employment regulation order”, and (g) by deleting the definition of “registered employment agreement”. Insertion into Act of 2006 of new section 1A 6. The Act of 2006 is amended by inserting the following section after section 1: “Definition of ‘remuneration’ 1A. (1) In this Act ‘remuneration’ means— (a) subject to paragraph (b), the total amount of— (i) the salary that is paid to the foreign national, the hourly rate of which shall not be less than the national minimum hourly rate of pay or, where appropriate to the employment in respect of which the application is made, the hourly rate referred to in section 12(6)(b), and (ii) a payment for health insurance in respect of a foreign national should he or she require medical treatment for illness or injury during the period for which the employment permit is in force and which is made to a health insurer by the person who made the offer of employment, or (b) in respect of an employment permit granted for the purposes referred to in section 3A(2)(d) and 3A(2)(e), the total amount of— (i) the salary that is paid to the foreign national, the hourly rate of which shall be not less than the national minimum hourly rate of pay or, where appropriate to the employment in respect of which the application is made, the hourly rate referred to in section 12(6)(b), (ii) a payment for board and accommodation, or either of them, or the monetary value of board and accommodation directly provided by the connected person, foreign employer or contractor, and (iii) a payment for health insurance in respect of a foreign national should he or she require medical treatment for illness or injury during the period for which the employment permit is in force and which is made by the foreign employer or the connected person or both of them or by the contractor to— (I) a health insurer, or (II) a person outside the State who provides insurance for medical treatment in respect of the foreign national that has the same, or similar, effect as the health insurance provided by a health insurer. (2) In this Act— (a) references to remuneration in relation to an application for the grant of an employment permit and the consideration of such application by the Minister shall be construed as the remuneration, specified in that application, that is proposed to be paid by— (i) the person who has made the offer of employment in respect of which the application is made, (ii) in the case of an employment permit for the purpose referred to in section 3A(2)(d), the foreign employer, in accordance with section 3D and the payments in respect of the remuneration to be paid, in accordance with section 3D, by the connected person, or (iii) in the case of an employment permit for the purpose referred to in section 3A(2)(e), the contractor in accordance with section 3E, and (b) references to remuneration after a permit has been granted shall be construed as the remuneration paid to the holder of the permit by an employer, a foreign employer in accordance with section 3D, a connected person in accordance with section 3D, or a contractor in accordance with section 3E, during the period for which the employment permit has been granted in respect of the employment for which the employment permit was granted.”. Insertion into Act of 2006 of new sections 3A, 3B, 3C, 3D, 3E and 3F 7. The Act of 2006 is amended by inserting the following sections after section 3: “Different purposes in respect of which an employment permit may be granted 3A. (1) Subject to any requirement that this Act specifies is to be satisfied in respect of the grant of an employment permit, an employment permit granted under section 8 shall be granted in respect of a purpose specified in subsection (2). (2) The purposes for which an employment permit may, subject to any requirement referred to in subsection (1), be granted are: (a) to ensure that appropriately skilled foreign nationals with skills that are required— (i) in enterprises in an economic sector that is of importance for the economic and social development of the State, and (ii) in employments that are essential to the development and growth of those enterprises or economic sector, and that are in critical short supply in the State, are encouraged to become available for employment in the State, in such enterprises and employments and the Minister is satisfied that where such enterprises are unable to recruit such appropriately skilled persons, or there is a shortage of such persons, the inability to recruit or such shortage is likely to hinder— (I) the development and growth of such enterprises, and (II) the economic development of, and the development of industry, technology and enterprise in, the State and the services which support such development; (b) to provide for the employment of a foreign national who is— (i) the spouse or civil partner, referred to in section 3C(2), of a foreign national who has, or had, been granted an employment permit in respect of the purpose referred to in paragraph (a) and to certain dependants, referred to in section 3C(2), of that foreign national to whom an employment permit for that purpose has, or had, been granted, so as to encourage foreign nationals referred to in paragraph (a) to take up employment in the State, and (ii) the spouse or civil partner, referred to in section 3C(3), of a research project researcher who, pursuant to Directive 2005/71/EC, has, or had, been granted the permission by the Minister for Justice and Equality to be in the State to carry out research pursuant to the Directive, and to certain dependants, referred to in section 3C(3), of that researcher so as to facilitate the carrying out of research in the State pursuant to that Directive; (c) where the Minister is satisfied that a person in the State has been unable to recruit an employee for a vacancy for an employment, to provide for the recruitment of a foreign national who has the required knowledge and skills for the employment and, where appropriate, the qualifications and experience as may be required for that employment; (d) to provide for a foreign national who is employed by a foreign employer outside the State to carry out duties for, or participate in a training programme provided by, a connected person— (i) in employments that are the same, or substantially the same, employments in which the foreign national is employed, outside the State, by the foreign employer, or (ii) in employments that require the foreign national to participate in such training programme, where the foreign national is required, pursuant to his or her employment with the foreign employer, to carry out those duties for the connected person or participate in such training programme; (e) in the case of a contract service agreement, to provide for the employment in the State of certain foreign nationals referred to in section 3E who are employed by a contractor, so that such foreign nationals may perform duties in the State that arise out of such contract service agreement; (f) to provide for the employment in the State of a foreign national— (i) to whom an employment permit had been granted and the permit is no longer in force, (ii) who is not in employment, or in the service of an employer, in the State, (iii) who has received permission from the Minister for Justice and Equality to be in the State for the purposes of making an application for an employment permit, and (iv) in respect of whom an offer of employment has been made in respect of an employment for which an employment permit is required; (g) to provide for the employment in the State of foreign nationals, to whom an exchange agreement, that is specified in regulations under section 14, applies in employments that are referred to in the exchange agreement or to which the exchange agreement applies; (h) to provide for the employment in the State of foreign nationals who have the required knowledge and skills and, where appropriate, qualifications and experience as may be required, for the development and operation of sporting or cultural activities in the State; (i) to provide for the employment in the State of a foreign national who is— (i) a full-time student, including a post-graduate student, enrolled in a course of study in a third-level institution outside the State, (ii) pursuing a course of study that is wholly or substantially concerned with the qualifications or skills referred to in section 15(1)(c) and the Minister is satisfied, having regard to section 15(1)(d), there is a shortage of those skills or qualifications, and (iii) required, for the completion of that course of study, to obtain experience in the practice of those skills or qualifications with which the course of study is concerned for a period of not more than 12 months in an employment that requires the practice of those skills or qualifications, and at the end of the period of 12 months the foreign national is to return to that institution outside the State to complete that course of study. Recommendation by enterprise development agency 3B. (1) An enterprise development agency may make a recommendation in writing to the Minister in respect of an application for— (a) the grant of an employment permit, or (b) the renewal of an employment permit referred to in section 20(11)(b), that the employment permit that is the subject of the application be granted, or renewed, in respect of the employment concerned and to the foreign national concerned. (2) The Minister shall have regard to a recommendation referred to in subsection (1). (3) Nothing in subsection (2) shall be construed as requiring the Minister to grant or renew an employment permit on foot of a recommendation referred to in subsection (1). Spouses, civil partners and certain dependants relating to section 3A(2)(b) 3C. (1) An application for an employment permit for the purpose referred to in section 3A(2)(b) may be made, under section 4, in respect of a foreign national referred to in subsection (2) or (3). (2) An employment permit for the purpose referred to in section 3A(2)(b) may, subject to this Act, be granted, in accordance with section 8, to a foreign national who is— (a) the spouse, civil partner or dependant of a primary permit holder and at the time the application for the employment permit is made— (i) the employment permit granted to the primary permit holder is in force, and (ii) that primary permit holder is in the employment specified in that employment permit, or (b) the spouse, civil partner or dependant of a primary permit holder and at the time the application for the employment permit is made the employment permit has expired and the primary permit holder is in employment in the State pursuant to the permission referred to in section 2(10)(d) of the Act of 2003 and the condition, referred to in that section, of that permission, and such spouse, such civil partner or such dependant— (i) has obtained permission to land, and reside, in the State by virtue of being the spouse, civil partner or dependant of a primary permit holder referred to in paragraph (a) or (b), and (ii) is in the State pursuant to, and in compliance with, the permission referred to in paragraph (i) at the time the application for the employment permit is made. (3) An employment permit for the purpose referred to in section 3A(2)(b) may, subject to this Act, be granted, in accordance with section 8, to a foreign national who is— (a) the spouse, civil partner or dependant of a research project researcher and at the time the application for the employment permit is made— (i) the permission granted, pursuant to Directive 2005/71/EC, to him or her by the Minister for Justice and Equality to carry out research in the State has not expired, and (ii) the research project researcher is carrying out research pursuant to Directive 2005/71/EC, or (b) the spouse, civil partner or dependant of a research project researcher and at the time the application for the employment permit is made the research project researcher is in employment in the State pursuant to the permission referred to in section 2(10)(d) of the Act of 2003 and the condition, referred to in that section, of that permission, and such spouse, such civil partner or such dependant— (i) has obtained permission to land, and reside, in the State by virtue of being the spouse, civil partner or dependant of the research project researcher referred to in paragraph (a) or (b), and (ii) is in the State pursuant to, and in compliance with, the permission referred to in paragraph (i) at the time the application for the employment permit is made. Supplemental provisions relating to the grant of employment permit for purpose referred to in section 3A(2)(d) 3D. (1) Where a foreign employer requires a foreign national employed by him or her outside the State to carry out duties for, or participate in a training programme provided by, a connected person without prejudice to any other requirement under this Act or to the employment outside the State of the foreign national— (a) notwithstanding that the remuneration, in so far as it relates to salary is to be paid by the foreign employer, it shall be a condition of the grant of the employment permit for the purpose referred to in section 3A(2)(d) that, in respect of the remuneration, in so far as it relates to the salary to be paid to the foreign national by the foreign employer for the period for which the employment permit is granted, the hourly rate of that salary shall be not less than the national minimum hourly rate of pay or, where appropriate to the employment in respect of which the application is made, the hourly rate referred to in section 12(6)(b), (b) in respect of the payment of the remuneration to the foreign national in so far as it relates to— (i) board and accommodation, or either of them, the payment may be made by the foreign employer and the connected person or by either of them, and (ii) health insurance, the payment may be made by the foreign employer and the connected person or by either of them, and (c) it shall be a condition of the grant of the permit that the statement of earnings provided by the foreign employer to the foreign national during the period for which the employment permit is in force shall, in addition to the information on the gross amount of the remuneration and the deductions made from it, specify— (i) the amount of the additional payment referred to in subsection (4)(b), (ii) the total amount referred to in subsection (4)(c), and (iii) the amount of the deductions referred to in subsection (4)(d). (2) Where— (a) in respect of the remuneration, in so far as it relates to the salary, to be paid to a foreign national in respect of whom an application for the grant of an employment permit for the purpose referred to in section 3A(2)(d) is made, and (b) in respect of the condition referred to in subsection (1)(a), the hourly rate of the salary paid outside the State by the foreign employer to the foreign national is less than the national minimum hourly rate of pay, the foreign employer shall, in respect of that condition, make an additional payment to the foreign national for the period for which the employment permit is in force so that the hourly rate of the salary to be paid by the foreign employer to the foreign national during the period for which the employment permit is in force is not less than the national minimum hourly rate of pay. (3) Where, in respect of the remuneration, in so far as it relates to the salary, to be paid to a foreign national in respect of whom an application for the grant of an employment permit for the purpose referred to in section 3A(2)(d) is made and the condition referred to in subsection (1)(a) — (a) the appropriate hourly rate of pay for the employment in respect of which the application is made is the hourly rate referred to in section 12(6)(b), and (b) the hourly rate of the salary paid outside the State by the foreign employer to the foreign national is less than that hourly rate of pay, the foreign employer shall, in respect of that condition, make an additional payment to the foreign national for the period for which the employment permit is in force so that the hourly rate of the salary to be paid by the foreign employer to the foreign national during the period for which the employment permit is in force is not less than the hourly rate referred to in section 12(6)(b). (4) Without prejudice to section 6, the connected person shall, when making an application pursuant to section 4(2)(b), provide, in addition to the information required under section 6(e), information and documents, including any information and documents as may be specified in regulations under section 29, in respect of— (a) the amount of the salary that is paid, on the day the application is made, by the foreign employer to the foreign national in respect of whom the application is made, in such form as may be specified in regulations under section 29, (b) where, having regard to the amount of salary referred to in paragraph (a) and the number of hours worked by the foreign national, the hourly rate of that amount of salary is less than— (i) the national minimum hourly rate of pay and an additional payment referred to in subsection (2) is to be made, or (ii) where appropriate, an hourly rate referred to in subsection (3), and an additional payment referred to in subsection (3) is to be made, the amount of the additional payment to be made by the foreign employer to the foreign national for the period for which the employment permit is in force, in such form as may be specified in regulations under section 29, (c) the total amount of the amounts referred to in paragraphs (a) and (b) in such form as may be specified in regulations under section 29, (d) all deductions to be made by the foreign employer to— (i) the amount referred to in paragraph (a), and (ii) where an additional payment referred to in paragraph (b) is required to be made, the amount of that additional payment, referred to in paragraph (b), (e) the total amount referred to in paragraph (c), the amount to be paid to the foreign national during the period for which the employment permit is in force after the deductions referred to in paragraph (d) have been made, in such form as may be specified in regulations under section 29, (f) the payment of board and accommodation, or either of them, and where either or both are provided directly by the connected person or the foreign employer, or both of them, the monetary value of the board and accommodation, or, as the case may be, either of them, and (g) the arrangements for making the additional payment referred to in paragraph (b)(i) or (b)(ii). (5) A foreign national referred to in section 3A(2)(d) shall be employed by the foreign employer concerned for a period that is not less than the minimum period of employment specified in regulations made under section 14 before an application for an employment permit may be made in respect of him or her. (6) In this section ‘statement of earnings’ means the statement of the remuneration paid by a foreign employer to a foreign national— (a) that is provided to the foreign national by the foreign employer to demonstrate that the foreign employer has paid the foreign national his or her remuneration, and (b) that accompanies the periodic payment of that remuneration and specifies in writing the gross amount of the remuneration paid and any deductions made from that gross amount. Supplemental provisions relating to the grant of employment permit for purpose referred to in section 3A(2)(e) 3E. (1) Where, pursuant to the employment outside the State by a contractor of a foreign national, the contractor requires the foreign national to carry out duties in the State that arise out of a contract service agreement without prejudice to any other requirement under this Act or to the employment outside the State of the foreign national— (a) notwithstanding that the remuneration in so far as it relates to salary, is paid to the foreign national outside the State, it shall be a condition of the grant of the employment permit for the purpose referred to in section 3A(2)(e) that, in respect of the remuneration, in so far as it relates to the salary to be paid to the foreign national by the contractor for the period for which the employment permit is granted, the hourly rate of that salary shall be not less than the national minimum hourly rate of pay or, where appropriate to the employment in respect of which the application is made, the hourly rate referred to in section 12(6)(b), and (b) it shall be a condition of the grant of the permit that the statement of earnings, within the meaning of section 3D, provided by the contractor to the foreign national during the period for which the employment permit is in force shall, in addition to the information on the gross amount of the remuneration and the deductions made from it, specify— (i) the amount of the additional payment referred to in subsection (4)(b), (ii) the total amount referred to in subsection (4)(c), and (iii) the amount of the deductions referred to in subsection (4)(d). (2) Where— (a) in respect of the remuneration, in so far as it relates to the salary, to be paid to a foreign national in respect of whom an application for the grant of an employment permit for the purpose referred to in section 3A(2)(e) is made, and (b) in respect of the condition referred to in subsection (1)(a), the hourly rate of the salary paid outside the State by the contractor to the foreign national is less than the national minimum hourly rate of pay, the contractor shall, in respect of that condition, make an additional payment to the foreign national for the period for which the employment permit is in force so that the hourly rate of the salary to be paid by the contractor to the foreign national during the period for which the employment permit is in force is not less than the national minimum hourly rate of pay. (3) Where, in respect of the remuneration, in so far as it relates to the salary, to be paid to a foreign national in respect of whom an application for the grant of an employment permit for the purpose referred to in section 3A(2)(e) is made and the condition referred to in subsection (1)(a) — (a) the appropriate hourly rate of pay for the employment in respect of which the application is made is the hourly rate referred to in section 12(6)(b), and (b) the hourly rate of the salary paid outside the State by the contractor to the foreign national is less than that hourly rate of pay, the contractor shall, in respect of that condition, make an additional payment to the foreign national for the period for which the employment permit is in force so that the hourly rate of the salary to be paid by the contractor to the foreign national during the period for which the employment permit is in force is not less than the hourly rate referred to in section 12(6)(b). (4) Without prejudice to section 6, the contractor shall, when making an application pursuant to section 4(2)(a), provide, in addition to the information required under section 6(e), information and documents, including any information and documents as may be specified in regulations under section 29, in respect of— (a) the amount of the salary that is paid, on the day the application is made, by the contractor to the foreign national in respect of whom the application is made, in such form as may be specified in regulations under section 29, (b) where, having regard to the amount of salary referred to in paragraph (a) and the number of hours worked by the foreign national, the hourly rate of that amount of salary is less than— (i) the national minimum hourly rate of pay and an additional payment referred to in subsection (2) is to be made, or (ii) where appropriate, the hourly rate referred to in subsection (3), and an additional payment referred to in subsection (3) is to be made, the amount of the additional payment to be made by the contractor to the foreign national for the period for which the employment permit is in force, in such form as may be specified in regulations under section 29, (c) the total amount of the amounts referred to in paragraphs (a) and (b) in such form as may be specified in regulations under section 29, (d) all deductions to be made by the contractor to— (i) the amount referred to in paragraph (a), and (ii) where an additional payment referred to in paragraph (b) is required to be made, the amount of that additional payment, referred to in paragraph (b), (e) the total amount referred to in paragraph (c), the amount to be paid to the foreign national during the period for which the employment permit is in force after the deductions referred to in paragraph (d) have been made in such form as may be specified in regulations under section 29, (f) the payment of board and accommodation, or either of them, and where either or both are provided directly by the contractor, the monetary value of the board and accommodation, or as the case may be, either of them, and (g) the arrangements for making the additional payment referred to in paragraph (b)(i) or (b)(ii). (5) A foreign national referred to in section 3A(2)(e) shall be employed by the contractor concerned for a period that is not less than the minimum period of employment specified in regulations made under section 14 before an application for an employment permit may be made in respect of him or her. Consultation by Minister 3F. The Minister may, in the case of an application for an employment permit in respect of the purpose referred to in section 3A(2)(h), consult with any person who, the Minister is satisfied, has knowledge of or expertise in the sport or cultural activity concerned.”. Amendment of section 4 of Act of 2006 8. (1) Section 4 of the Act of 2006 is amended in subsection (1) — (a) by inserting “, subject to subsection (3),” after “foreign national may”, and (b) in paragraph (b), by deleting “subject to subsection (3),”. (2) Section 4 of the Act of 2006 is amended— (a) by substituting the following subsection for subsection (2): (2) In a case— (a) where the application is made in respect of the purpose referred to in section 3A(2)(e), the application shall be made by the contractor concerned, (b) where the application is made in respect of the purpose referred to in section 3A(2)(d), the application shall be made by the connected person concerned, or (c) falling within section 2(1A)(c) of the Act of 2003, the application shall be made by the person party to the arrangement concerned.”, (b) in subsection (3) — (i) by substituting “Subject to section 10A, an application under this section shall not be made” for “A foreign national may not make an application under this section in respect of his or her employment in the State”, and (ii) by substituting “to a foreign national” for “to him or her”, and (c) by inserting the following subsections after subsection (3): “(3A) An application— (a) referred to in subsection (2)(a), shall be made in respect of the employment that is the subject of the contract service agreement, (b) referred to in subsection (2)(b), shall be made in respect of the employment in the connected person, and (c) in the case of the arrangement referred to in subsection (2)(c), shall be made in respect of the employment that is the subject of the arrangement, and references in this Act to an offer of employment insofar as such references refer to an application referred to in paragraph (a), (b) or (c) shall be construed accordingly. (3B) When making an application for the grant of an employment permit, the person making the application shall specify the purpose, referred to in section 3A(2), in respect of which the employment permit concerned may be granted. (3C) An application under this section for an employment permit in respect of the purpose referred to in section 3A(2)(a) shall not be made unless the duration of the employment, in respect of which the application is made, is for a period of not less than 2 years.”. (3) Section 4 of the Act of 2006 is amended by inserting the following subsections after subsection (4): “(5) An application shall not be made for the grant of an employment permit in respect of an employment where, in the 6 months preceding the day on which the application is made— (a) a person was employed in the employment that is the subject of the application, and (b) that person was dismissed by reason of redundancy from that employment within that period of 6 months. (6) Where— (a) an employment permit is in force immediately before the coming into operation of section 7 of the Employment Permits (Amendment) Act 2014, (b) following the coming into operation of section 7 of the Employment Permits (Amendment) Act 2014, the spouse, civil partner or dependant of the foreign national to whom that permit has been granted applies for an employment permit in respect of the purpose referred to in section 3A(2)(b), and (c) the Minister is satisfied that having regard to the employment in respect of which the employment permit referred to in paragraph (a) has been granted, that permit would, had it been granted after the coming into operation of section 7 of the Employment Permits (Amendment) Act 2014, have been granted in respect of the purpose referred to in section 3A(2)(a), the foreign national to whom the employment permit referred to in paragraph (a) has been granted may be treated as the primary permit holder concerned— (i) for the purposes of section 3C, (ii) for the purposes of the application referred to in paragraph (b), and (iii) where pursuant to such application an employment permit is granted under section 8, the grant of that employment permit.”. Application for employment permit: information to be provided 9. The Act of 2006 is amended by substituting the following section for section 6: “Application for employment permit: information to be provided 6. An application for an employment permit shall— (a) provide a full and accurate description of the employment in respect of which the application is made (the ‘employment concerned’) and the terms and conditions, including the hours of work in each week, and the duration, of the employment concerned, (b) provide information in respect of the qualifications, skills, knowledge and experience that are required for the employment concerned, (c) provide information and, where required, any relevant documents in respect of the qualifications, skills, knowledge or experience of the foreign national concerned, (d) specify the place at or in which the employment concerned is to be carried out and, where the employment concerned is to be carried out in more than one place, specify each such place, (e) specify the remuneration and any deductions, where agreed, for board and accommodation or either of them in respect of the employment concerned, (f) in respect of the foreign national concerned— (i) specify whether or not he or she has sought permission to land in the State on a previous occasion or has been in the State on a previous occasion without permission to land, (ii) where he or she is in the State at the time of the application, provide information and documents, where required by the Minister, relating to the permission granted to him or her to be in the State, (iii) where he or she is in employment in the State at the time of the application, provide information and documents, where required by the Minister, relating to the permission granted to him or her to be in such employment, and (iv) provide information as to whether he or she was at any time prior to such application in employment in the State and, where requested by the Minister, provide any information and documents relating to the permission granted to him or her to be in such employment, or, as the case may be, an employment permit granted in respect of that employment, (g) provide such other information, documents and evidence to verify such information and documents— (i) as may be prescribed, or (ii) which the Minister may request and which, in the Minister’s opinion, might materially assist in the making of a decision on the application, (h) without prejudice to the generality of paragraph (g), provide information and documents, as the Minister may request, concerning the offer of employment referred to in section 4(3), and (i) provide information, documents and evidence in respect of the requirement under section 4(5) in relation to— (i) the employment, in the period referred to in section 4(5), of any person in the employment that is the subject of the application, and (ii) the confirmation that such person was not, within such period, dismissed by reason of redundancy from that employment.”. 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 emplo …