Phil Hogan (Carlow-Kilkenny, Fine Gael)

I move amendment No. 81:

In page 10, between lines 36 and 37, to insert the following:

"(6) Where—

(a) the provisions of the Protection of Employees (Fixed-Term Work) Act 2003 become applicable in respect of a foreign national employment permit holder, or

(b) where a foreign national employment permit holder becomes entitled to a contract of indefinite duration, nothing in this Act shall be used to—

(i) deny that employee his or her rights in law,

(ii) deny that employee the renewal of his or her employment permit, if such a denial would interfere with his or her rights in law,

(iii) deny him or her permanency of employment as provided for in section 5 of the Protection of Employees (Fixed-Term Work) Act 2003, or

(iv) afford him or her any lesser protection under employment protection legislation that is afforded to an EU or EEA national.".

As I pointed out on Committee Stage, the one interesting feature of the provisions I outline here is that the provisions of the Protection of Employees (Fixed-Term Work) Act 2003 may become applicable as a permit-holder may be employed on a fixed-term contract. After four years, the employee permit-holder may become entitled to a contract of indefinite duration. Employers will probably not apply for renewal of the work permit of a mere permit-holder and it could be open to abuse.

It would be extremely difficult for people on work permits to be classified as employees and come under the definition of permanent employment, even though they may have contributed to the employment concern for four or more years. Such foreign nationals are at a disadvantage even if they complete a number of years' service. Implicitly it appears foreign nationals do not have the same right to security of employment under employment protection legislation as EU and EEA nationals. For that reason, I put down the amendment to include the changes necessary to provide security of employment or permanent employment status to people who worked for a significant number of years under existing Irish legislation.

See this speech in context