A new law to help modernise the employment permit system in Ireland was introduced by Minister for Business, Employment and Retail Damien English to the Dáil Éireann on Wednesday 12 October.

The Employment Permits Bill 2022 aims to allow Ireland to better compete for global talent, to fill labour market gaps, to support local enterprises and to encourage Foreign Direct Investment while at the same time protecting the rights of workers in the State.

Minister English said: “While the current system is robust, the existing legislation is inflexible in its operation.

“The new employment permits bill will increase the agility and responsiveness of the employment permits system, modernise it and ensures that it can adapt rapidly to changes in the Irish labour market.”

The main provisions of the bill are:

  • The introduction of a seasonal employment permit.
  • Revision of the labour market needs test to make it more relevant and efficient.
  • Streamlining of a number of requirements to make the grant process more efficient.
  • Providing for additional conditions for the grant of an employment permit, such as training or accommodation support for migrant workers in some circumstances, or making innovation or upskilling a condition of grant, where this may decrease future reliance on economic migration.
  • The bill introduces, for the first time, a seasonal employment permit to cater for short-term and recurrent employment situations in appropriate sectors.

    Minister English said: “Ireland is an outlier internationally in not providing a seasonal employment permit and the need for this permit type is borne out in my Department’s engagement with employers. We want to be sure we get this right for employers and workers.”

    By moving operational detail to regulations to the fullest extent possible, the bill will allow for easier modification of the law and adaptation of the system to the changing needs of the labour market. It also provides the flexibility to amend the periods for which an employment permit can be granted. This will reduce the number of applications received and mitigate against the processing delays recently experienced.

    The legislation also addresses the inflexibility inherent in the labour market needs test by simplifying the process for employers to reflect modern advertising practices.

    The bill adds the option of new conditionalities attaching to the grant of an employment permit, designed to increase apprenticeship and training opportunities for the domestic and EEA workforce to further protect the EEA labour market and help employers to reduce their dependence on employment permits

    In order to ensure that payment thresholds are in keeping with domestic salaries, the bill introduces automatic indexation of salary thresholds to ensure that the minimum remuneration levels required for each permit type keeps pace with wage growth.