Seán Sherlock (Cork East, Labour) | Oireachtas source

I move amendment No. 38:

In page 14, to delete lines 20 to 25 and substitute the following:"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) 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 prescribed,
(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) in respect of 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.".