Employment Permits (Amendment) Act 2014
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Insertion into Act of 2006 of new sections 20A, 20B, 20C and 20D | ||
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24. The Act of 2006 is amended by inserting the following sections after section 20: | ||
“Redundancy of foreign national to whom employment permit granted for purpose referred to in section 3A(2)(a) | ||
20A. (1) This section applies to a foreign national to whom an employment permit in respect of the purpose referred to in section 3A(2)(a) has been granted and he or she is dismissed by reason of redundancy from the employment concerned during the period for which the employment permit is in force. | ||
(2) Without prejudice to section 24, a foreign national to whom this section applies shall notify the Minister of the date of dismissal within 4 weeks of that date of dismissal and the notification shall be in such form as may be specified in regulations under section 29 and shall include the information and documents specified in section 20C. | ||
(3) Where the Minister is satisfied that the foreign national was dismissed by reason of redundancy from the employment for which the employment permit referred to in subsection (1) was granted, an application for an employment permit may be made under, and in accordance with the requirements of, section 4 in respect of a foreign national to whom this section applies, within 6 months of the date of dismissal of that foreign national, and such application shall be for an employment permit in respect of the purpose referred to in section 3A(2)(a) for— | ||
(a) an employment that is the same type of employment for which the employment permit referred to in subsection (1) was granted, or | ||
(b) an employment for a different employment to that for which the employment permit referred to in subsection (1) was granted that is specified in regulations under section 14, in respect of the purpose referred to in subsection (1), as an employment for which an employment permit may be granted. | ||
(4) Where— | ||
(a) on the date an application referred to in subsection (3) is made, the type of employment referred to in subsection (3)(a) — | ||
(i) is no longer specified in regulations under section 14 as an employment, or no longer falls within a category of employment specified in those regulations, for which an employment permit may be granted in respect of the purpose referred to in subsection (1), or | ||
(ii) is specified in regulations under section 14 as an employment, or falls within a category of employment, in respect of which an employment permit shall not be granted, | ||
and | ||
(b) the Minister is satisfied that the dismissal by the employer of the foreign national from the employment in respect of which the employment permit referred to in subsection (1) was granted, was a dismissal by reason of redundancy, | ||
the application may be made for that employment by a foreign national to whom this section applies notwithstanding that the employment is no longer an employment, or falls within a category of employment, for which an employment permit may be granted or is an employment, or falls within a category of employment specified in regulations under section 14 for which an employment permit shall not be granted. | ||
(5) Notwithstanding section 12(3), the Minister may, subject to subsection (6), grant, under section 8, an employment permit for the employment referred to in subsection (4) pursuant to an application referred to in subsection (4) that is made within the period referred to in subsection (3) and for the avoidance of doubt— | ||
(a) section 12(3) shall apply in respect of any other provision or requirement, specified in regulations under section 14 that is required to be satisfied, and | ||
(b) section 14 shall, in respect of such grant under section 8, apply in respect of any other provision or requirement specified in regulations under section 14 that is required to be satisfied. | ||
(6) Without prejudice to subsection (3) or (4), where an application referred to in subsection (3) or (4) is made by a foreign national who has made a notification to the Minister under this section, the Minister shall not grant the employment permit concerned unless the Minister is satisfied that the foreign national was dismissed by reason of redundancy from the employment in respect of which the employment permit referred to in subsection (1) was granted. | ||
(7) Having regard to the consideration, under section 11, of an application referred to in subsection (4) — | ||
(a) the provisions of any regulations referred to in section 11(3), other than the provisions of such regulations referred to in subsection (4), shall continue to apply in relation to the application concerned, and | ||
(b) section 11(4) shall apply in respect of a provision or requirement of regulations under section 14, other than the provision referred to in subsection (4). | ||
(8) Nothing in this section shall be construed as providing a permission to be in the State for the period of 6 months referred to in subsection (3). | ||
(9) Without prejudice to section 20C, a foreign national who makes an application referred to in subsection (3) or (4) shall provide the Minister with any information or documents that the Minister may require to satisfy himself or herself that the dismissal of the foreign national was a dismissal by reason of redundancy. | ||
Redundancy of foreign national to whom employment permit granted for purpose referred to in section 3A(2)(c) | ||
20B. (1) This section applies to a foreign national to whom an employment permit in respect of the purpose referred to in section 3A(2)(c) has been granted and he or she is dismissed by reason of redundancy from the employment concerned during the period for which the employment permit is in force. | ||
(2) Without prejudice to section 24, a foreign national to whom this section applies shall notify the Minister of the date of dismissal within 4 weeks of that date of dismissal and the notification shall be in such form as may be specified in regulations under section 29 and include the information and documents specified in section 20C. | ||
(3) Where the Minister is satisfied that the foreign national was dismissed by reason of redundancy from the employment for which the employment permit referred to in subsection (1) was granted, an application for an employment permit may be made under, and in accordance with the requirements of, section 4 in respect of a foreign national to whom this section applies within 6 months of the date of dismissal of that foreign national and such application shall be for an employment permit in respect of the purpose referred to in section 3A(2)(c) for— | ||
(a) an employment that is the same type of employment for which the employment permit referred to in subsection (1) was granted, or | ||
(b) a different employment to the one for which the employment permit referred to in subsection (1) was granted that— | ||
(i) is specified in regulations under section 14, in respect of the purpose referred to in subsection (1), as an employment for which an employment permit may be granted, or | ||
(ii) is not an employment that is specified in such regulations as an employment for which an employment permit shall not be granted or falls within a category of employment for which an employment permit shall not be granted. | ||
(4) Where— | ||
(a) at the time an application referred to in subsection (3) is made the type of employment referred to in subsection (3)(a) is specified in regulations under section 14 as an employment, or falls within a category of employment, in respect of which an employment permit shall not be granted, and | ||
(b) the Minister is satisfied that the dismissal by the employer of the foreign national from the employment in respect of which the employment permit referred to in subsection (1) was granted was a dismissal by reason of redundancy, | ||
the application may be made in respect of that employment by a foreign national to whom this section applies notwithstanding that the employment is an employment, or falls within a category of employment, that is specified in regulations under section 14 as an employment, or category of employment, for which an employment permit shall not be granted. | ||
(5) Notwithstanding section 12(3), the Minister may, subject to subsection (6), grant, under section 8, an employment permit for an employment referred to in subsection (4) pursuant to an application referred to in subsection (4) that is made within the period referred to in subsection (3) and for the avoidance of doubt— | ||
(a) section 12(3) shall apply to any other provision or requirement specified in regulations under section 14, that is required to be satisfied, and | ||
(b) section 14 shall, in respect of such grant under section 8, apply in respect of any other provision or requirement specified in regulations under section 14 that is required to be satisfied. | ||
(6) Without prejudice to subsection (3) or (4), where an application referred to in subsection (3) or (4) is made by a foreign national who has made a notification to the Minister under this section, the Minister shall not grant the employment permit concerned unless the Minister is satisfied that the foreign national was dismissed by reason of redundancy from the employment in respect of which the employment permit referred to in subsection (1) was granted. | ||
(7) Having regard to the consideration, under section 11, of an application referred to in subsection (4) — | ||
(a) the provisions of any regulations referred to in section 11(3), other than the provisions of such regulations referred to in subsection (4), shall continue to apply in relation to the application concerned, and | ||
(b) section 11(4) shall apply in respect of a provision or requirement of regulations under section 14, other than the provision referred to in subsection (4). | ||
(8) Nothing in this section shall be construed as providing a permission to be in the State for the period of 6 months referred to in subsection (3). | ||
(9) Without prejudice to section 20C, a foreign national who makes an application referred to in subsection (3) or (4) shall provide the Minister with any information or documents that the Minister may require to satisfy himself or herself that the dismissal of the foreign national was a dismissal by reason of redundancy. | ||
Information and documents to be provided with notification under section 20A or 20B of dismissal by reason of redundancy | ||
20C. The information and documents to be provided to the Minister with the notification referred to in section 20A(2) and 20B(2) are— | ||
(a) the date of dismissal, | ||
(b) the reason for the dismissal by reason of redundancy as specified in paragraph (a), (b), (c), (d) or (e) of section 7(2) of the Act of 1967 or in section 21 of that Act, | ||
(c) such information and documents as may be specified in regulations under section 29 that the Minister may require to satisfy himself or herself that the dismissal of the foreign national was a dismissal by reason of redundancy, and | ||
(d) a statement specifying whether the foreign national has surrendered the employment permit in accordance with section 24. | ||
Sections 20A and 20B: supplemental provisions | ||
20D. Where— | ||
(a) an employment permit is in force immediately before the coming into operation of section 7 and section 24 of the Employment Permits (Amendment) Act 2014, | ||
(b) following the coming into operation of those sections, a foreign national to whom such permit was granted is dismissed by reason of redundancy from the employment in respect of which the employment permit was granted, and | ||
(c) the Minister is satisfied that— | ||
(i) the dismissal is a dismissal by reason of redundancy, and | ||
(ii) having regard to the employment in respect of which the employment permit referred to in paragraph (a) has been granted, that employment permit would, had it been granted after the coming into operation of section 7 and section 24 of the Employment Permits (Amendment) Act 2014, have been granted in respect of the purpose referred to in section 3A(2)(a) or 3A(2)(c), | ||
the foreign national to whom the employment permit referred to in paragraph (a) was granted may be treated, for the purposes of section 20A or as the case may be section 20B, as a foreign national to whom section 20A or, as the case may be, section 20B applies.”. |