The maximum period a General Employment Permit or Critical Skills Employment Permit holder is required to work with their original employer is 9 months. The protection of employment permit holders remains a key priority of my Department. In this regard, the Employment Permits Act 2024 introduced a significant new Change of Employer provision for holders of General Employment Permits and Critical Skills Employment Permits. As a new provision introduced under this Act, employment permit holders may now move their permit to a new employer after a period of nine months has passed since commencing work on their first employment permit in the State.
This Change of Employer provision eliminates the need for the permit holder to apply for a new permit. General Employment Permit holders may change to the same occupation with a new employer, and Critical Skills Employment Permit holders may change within the broader category of employment. This option is intended to provide permit holders with greater freedom of movement to employment offering more attractive terms and conditions, or where they can better utilise their skillsets, while reducing dependency on a single employer.
Where the change from initial employment is for a different occupation, a new employment permit is required. In this circumstance, the minimum requirement of nine months with the original employer remains. However, in both cases, the Act provides discretion prior to the nine-month period in cases evidencing a change of circumstances or instances of exploitation.
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. Allowing workers to change employers can lead to a more dynamic and competitive labour market, benefiting the economy as a whole. It encourages employers to maintain high standards and good working conditions to retain their staff, which can lead to increased productivity and job satisfaction.
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.