Employment Permits (Amendment) Act 2014

Amendment of section 16 of Act of 2006

20. (1) Section 16 of the Act of 2006 is amended in subsection (1) —

(a) in paragraph (a), by inserting “or connected person” after “the employer”,

(b) in paragraph (b) —

(i) by inserting “, connected person or relevant person” after “the employer”, and

(ii) by inserting “the Act of 2003, the Immigration Act 2004 or an enactment specified in Schedule 1,” after “this Act,”,

and

(c) by inserting the following paragraphs after paragraph (d):

“(da) in the case of an employment permit granted for the purpose specified in section 3A(2)(b) —

(i) the primary permit holder referred to in section 3C(2)(a) has been redundant within the meaning of section 7(2) of the Act of 1967 for a period exceeding 6 months,

(ii) the employment permit granted to the primary permit holder referred to in section 3C(2)(a) has been revoked, or

(iii) the primary permit holder referred to in section 3C(2)(b) or the research project researcher referred to in section 3C(3)(b) no longer has the permission referred to in section 2(10)(d) of the Act of 2003,

(db) in the case of an employment permit granted in respect of the purpose specified in section 3A(2)(d), in the opinion of the Minister the connected person or the foreign employer has failed to—

(i) provide appropriate accommodation and board (or either of them) for the foreign national while he or she is in the State to perform duties for, or participate in a training programme provided by, the connected person, or

(ii) provide appropriate health insurance in respect of the foreign national during some or all of the period for which the employment permit has been in force should he or she require medical treatment for illness or injury during such period,

(dc) in the case of an employment permit granted in respect of the purpose specified in section 3A(2)(e), in the opinion of the Minister the contractor has failed to—

(i) provide appropriate accommodation and board (or either of them) for the foreign national while he or she is in the State to perform the duties arising from the contract service agreement concerned, or

(ii) provide appropriate health insurance in respect of the foreign national during some or all of the period for which the employment permit has been in force should he or she require medical treatment for illness or injury during such period,

(dd) the foreign national is not, in the opinion of the Minister—

(i) employed in the employment specified, in accordance with section 9(2), in the employment permit,

(ii) employed by the person referred to in section 8(2)(a)(i), or, as the case may be, the contractor referred to in section 8(2)(a)(ii), or the person referred to in section 8(2)(a)(iii), or

(iii) employed by the foreign employer or is not carrying out the duties for, or participating in a training programme provided by, the connected person referred to in section 8(2)(b),

(de) in the opinion of the Minister, the remuneration paid, insofar as it relates to the salary referred to in paragraphs (a)(i) and (b)(i) of section 1A(1), to the foreign national is less than the national minimum hourly rate of pay or the hourly rate referred to in section 12(6)(b),

(df) without prejudice to paragraph (de), in the opinion of the Minister, the remuneration paid to the foreign national, during the period for which the employment permit has been in force, is less than the remuneration stated, pursuant to section 9(2), in the employment permit, or the deductions referred to in section 9(2), stated pursuant to that section in the employment permit, were different to the deductions made by the employer,

(dg) the statement of earnings, referred to in section 3D or section 3E, does not comply with the requirements of section 3D(1)(c) or, as the case may be, section 3E(1)(b),”.

(2) Section 16 of the Act of 2006 is amended in subsection (2) —

(a) by inserting “or, as the case may be, the connected person” after “the employer”, and

(b) in paragraph (c), by substituting “the holder or the employer or both of them, or, as the case may be, the holder or the connected person, or both of them, may” for “either or both of them may”.