Work Permits.

Dáil Éireann Debate, Tuesday - 17 October 2006

Tuesday, 17 October 2006

Questions (325, 326)

Seán Haughey

Question:

405 Mr. Haughey asked the Minister for Enterprise, Trade and Employment if a foreign national with a work permit valid for a year is free to leave their employment after only seven months; if such a person requires another work permit from another employer in order to take up alternative employment; if an employee in these circumstances should have to work the full year for their initial employer in view of the fact that this employer invested a lot of time and resources in taking on this new person; and if he will make a statement on the matter. [32777/06]

Caoimhghín Ó Caoláin

Question:

413 Caoimhghín Ó Caoláin asked the Minister for Enterprise, Trade and Employment his views on the statement in the recent NESC report on migration that effective protection of migrant’s rights requires at least some portability of temporary work permits, enabling migrants to change employers; and his further views on the report’s recommendation that this portability come into effect after the worker has been employed for one year. [33121/06]

Written answers

Minister for Enterprise, Trade and Employment (Mr. Martin)

I propose to take Questions Nos. 405 and 413 together.

The Employment Permits Act 2006 explicitly grants the Minister the power to refuse an application for an employment permit if a permit has been granted to that worker within the previous twelve months. This allows me as Minister to exercise my discretion to balance the rights of the employer who will have gone through an amount of effort and expense in recruiting a non-EEA worker and the right of the worker to change jobs. In cases of exploitation of the employee a new permit would normally be granted.