Written answer
Work Permits
1028. Deputy Denise Mitchell asked the Minister for Enterprise, Tourism and Employment whether his Department will undertake an assessment of the impact of requiring those on General Employment Permits to maintain the same standard occupation classification employment has had on the willingness of migrant workers to leave employers where in their view they are being treated unfairly or where their employment rights are not being respected; and if he will make a statement on the matter. [60935/26]
Comment on this
The purpose of the employment permits legislation is to attract migrant workers into employment in the State where shortages exist and are evidenced, while balancing the need to protect the domestic and EEA wide labour market.
An important element of the employment permits system is to ensure that in implementing economic initiatives to attract migrant workers to address skills gaps or labour shortages, we ensure that these workers are protected, some of whom may be vulnerable due to their unfamiliarity with Irish labour laws, potential isolation, and language barriers.
Ireland has a thorough employment rights legal framework, and the employment permits system has been designed to ensure that the employment rights of migrants are observed. The employment permits legislation ensures employment permit holders have the same protections under Irish employment law as any other worker in the State.
Migrant workers are a vital part of the Irish economy, and the Government is committed to ensuring that employment permit holders are afforded appropriate protections and opportunities while working in the State and to progress within the labour market.
In recent years, a number of reforms have been implemented to improve the flexibility of the employment permits system, to enhance worker mobility and reduce the risk of workers becoming dependent on a single employer. These changes seek to balance the needs of permit holders, employers and the wider economy, while maintaining the integrity of the employment permits framework.
The Employment Permits Act 2024 introduced the Change of Employer provision allowing certain employment permit holders to change employer after an initial period of nine months of employment under their first employment permit in the State. While the initial period of nine months is a general requirement before changing employer, the Act provides discretion prior to the nine-month period in cases evidencing a change of circumstances or instances of exploitation. Where an individual seeks to move to a different occupation, a new employment permit can be applied for, subject to the relevant criteria, including meeting salary thresholds and satisfying a Labour Market Needs Test.
The Change of Employer applies to holders of both the General Employment Permit (GEP) and the Critical Skills Employment Permit (CSEP) and removes the requirement to apply for a completely new employment permit when changing employer within the relevant occupational classification. The provision affords better opportunities for workers to seek improvement to their working conditions, while increasing the attractiveness of Ireland as a destination for migrant workers.
The 2024 Act further supports the employment opportunities of permit holders by facilitating internal promotion or transfer within their current employment as long as the skills, qualifications or experience required for the proposed new role are the same, or substantially the same.
My Department is currently reviewing the provisions relating to change of employers to ensure they provide a suitably accessible mechanism in line with employment permit holder and labour market needs. Any resulting recommendations will require careful consideration in the context of employment permit policy, immigration policy, worker protections and labour market requirements and must be aligned with Ireland’s economic needs, for which decent working conditions remain essential.