Neale Richmond (Dublin Rathdown, Fine Gael) | Oireachtas source

I move amendment No. 23:

In page 26, line 6, to delete "by" and substitute "subject to sections 25and 27, by".

This is a technical amendment to insert cross-references to sections provided for by the proposed amendment No. 30.

While amendment No. 23 is a technical amendment, this grouping deals with the proposed new sections 25 to 28, inclusive, which deal with employees changing employers and applications for employment permits. These provisions will introduce a facility for employment permit holders to easily transfer their permit to another employer for a similar role without the need for a new employment permit application. The change of employer option will be available to workers on certain employment permits after a prescribed period of nine months of employment with the original employer rather than having to reapply, as is the current situation, after a period of 12 months has passed.

The introduction of flexibility and transferability will strengthen employment rights and thereby increase Ireland's attractiveness to third-country workers with critical skills. General employment permit holders will be eligible to transfer to a new job within the type of employment for which they were granted the permit. For instance, a mechanic will only be able to transfer to another mechanic role. Critical skills employment permit holders will be able to transfer to a new job within the same category of employment for which they were granted a permit. In theory, for example, a mechanical engineer can transfer to a civil engineer job so long as he or she satisfies the employer's skills and qualifications requirements.

I am aware that some employers will be concerned about the potential negative impact of permit holders choosing to change employer in order to access better terms and conditions. However, on balance, the increased attractiveness of a more flexible Irish labour market and stronger employment rights for migrant workers outweigh these concerns of employers. These provisions will align Ireland with the current draft of the recast single permit directive of 2011, which is undergoing consideration at the European Council. The regulation-making powers under the sections will grant power to prescribe in regulation the rules around how many transfers are allowed within the lifetime of a permit and how many transfers are allowed for subsequent renewals. The original employment permit expiration date will not change. There will be no requirement for the new employer to reimburse the first employer for any recruitment costs. There will be a small, non-refundable charge of €100 to process the change of employer application, subject to waivers. If a transfer is refused, the employment permit holder can remain in the role in which he or she is currently working. There are a number of options available to the permit holder, including that he or she may request a different transfer for another job offer or apply for a new permit. Permit holders can be directed to the Workplace Relation Commission, WRC, to explore the reactivation of permit route or appeal the transfer refusal.

The seasonal permit will have a simplified renewal process for seasonal workers to remain with the same employer each season. Furthermore, during the working season, seasonal workers will have an option to move to another approved seasonal employer through a change of approved seasonal employer procedure. This process will follow the planned process for the general change of employer. Given that the approved seasonal employer will already be registered, the change of approved seasonal employer process will have a more streamlined approval process.

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