Written answers

Tuesday, 29 September 2020

Department of Trade, Enterprise and Employment

Employment Rights

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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175. To ask the Minister for Trade, Enterprise and Employment further to Parliamentary Question No. 116 of 22 September 2020, the information being sought in the case from the employer; if it is accepted that there is no change of employer in this instance; if the employer requires the two employees in question to move to another site as per prior agreement with his Department at the time of application; and if he will make a statement on the matter. [27156/20]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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All applications for employment permits are processed in line with the Employment Permits Acts and associated Regulations which lay down in legislation the criteria in relation to the application, grant and refusal of an employment permit.  All employment permits are employer and location specific. 

On 6th November 2019, the employer e-mailed my officials querying if different restaurants [owned by different companies] could be brought under the one "umbrella" to allow for movement of staff between the different employers.  On 11th November 2019, my officials responded requesting further information from the employer on their proposal in order to be in a position to answer the query, but no response has been forthcoming as of yet.  My officials have sent a further request for this additional information.

As stated previously, where an employer requires an employee to work in more than one location then this should be notified to the Department at the time of application.  Where there is a change of location proposed after a permit has issued the Department must be contacted and notified in advance of any move to determine if a new employment permit is required.  Should the employer wish to contact my officials with regard to this, they will be happy to assist.

Finally, it is not possible for an employment permit holder to change employer without a new employment permit issuing.

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