Employment Permits (Amendment) Act 2014 takes effect from 1 October 2014
Companies seeking to hire non-EEA nationals should be aware that the employment permits regime has been overhauled and extended under the Employment Permits (Amendment) Act 2014 (the “Act”). The Act establishes nine categories of employment permit, for which new application forms apply and some changes have been made to the criteria for issuing employment permits.
Notably, the Act closes a perceived loophole that existed to applications made by a proposed employee. All new applications must satisfy the 50:50 rule (ie., show that the employer has at least 50% EEA national employees), and also show that a labour market needs test was carried out – although both requirements may be waived subject to satisfying certain grounds. The Act also allows a foreign national who entered employment without an employment permit, to take a civil action against an employer for compensation for work done or services rendered, provided the foreign national can satisfy a court that he/she took all steps that were reasonably open to him/her to obtain an employment permit.
To read the Act, click here.