Róisín Shortall (Dublin North West, Social Democrats)
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54. To ask the Minister for Enterprise, Trade and Employment if an employee on an intra-company transfer work permit, who remains on a contract in their home country, has an entitlement to statutory leave under Irish law, such as annual leave, maternity leave, paternity leave and parent’s leave; and if he will make a statement on the matter. [6023/23]

Neale Richmond (Dublin Rathdown, Fine Gael)
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The Intra-Company Transfer Employment Permit is designed to facilitate the transfer of senior management, key personnel or trainees who are non-EEA nationals from an overseas branch of a multinational corporation to its Irish branch.

The main attraction of this permit is that it facilitates the temporary injection of corporate personnel and also provides for such employees to stay on the foreign payroll. This can be desirable for the employee as it can ensure they retain certain benefits (for example, foreign pension contributions). This type of permit is available on the basis that the employment is temporary. As such, holders do not accrue rights for long-term residency purposes.

Employment permit holders have exactly the same protections under Irish employment law as any other worker in the State. The employment permits system has been designed to ensure that the employment rights of migrants are observed. Many of the criteria associated with the employment permits system are aimed at ensuring that migrant employees are treated in line with Irish labour laws. The issue of eligibility criteria for specific parental leave entitlements is a matter for my colleagues the Ministers for Social Protection, and the Minister of Children, Equality, Disability, Integration and Youth.

Ireland has a comprehensive body of employment legislation, in respect of which the Workplace Relations Commission is mandated to secure compliance.

Ireland’s employment rights legislation protects all employees, including migrant workers, who are legally employed on a contract of service basis. This is specifically set out in Section 20 of the Protection of Employment (Part Time Work) Act 2001.

Where an individual believes they are being deprived of employment rights applicable to employees they may refer a complaint to the Workplace Relations Commission (WRC) where the matter can be dealt with by way of mediation or adjudication leading to a decision that is enforceable through the District Court. WRC inspectors can also be asked to investigate certain breaches. Complaints can be made on a single online complaint form available at the WRC’s website.

Standard rules governing statutory entitlements apply to permit holders as set out in the Organisation of Working Time Act, 1997.