Fintan Warfield (Sinn Fein) | Oireachtas source

I move amendment No. 31:

In page 62, after line 40, to insert the following: “Changing employer

40. (1) An employee that has been granted an employment permit shall be permitted to change employer—

(a) after an initial period of 12 months has elapsed since the employee concerned first commenced employment in the State pursuant to an employment permit granted to him or her, or

(b) in instances where it has been demonstrated that the employee has suffered exploitation, or any other unforeseen circumstances as determined by the Minister in regulation.

(2) An employee shall be required to notify the Minister of the change of employer through a notification procedure as determined by the Minister in regulation and shall not be required to complete a new employment permit application.”.

This amendment relates to the lack of support and flexibility for workers to change employer without applying for a new employment permit. In our view, it is a failing in the current system and this amendment seeks to change it. It would allow workers to change employer via a simple notification procedure while remaining under their existing permits under the current system.

The only way to change employer is to have a whole new application for a new employment permit. I note this costs in the region of €1,000, so it is prohibitive. It also involves a labour market needs test for the position and a long waiting time, among other things. This proposed change removes the obligation for a new application and makes it a realistic option for everyone, without fundamentally changing the system.

The Migrant Rights Centre stated that such a change would give workers increased mobility, which would protect them from exploitation while also improving pay and conditions for all workers in the sector, thus preventing a race to the bottom and, it has to be said, rewarding good employers. I hope the Minister of State will consider this amendment.