Dáil Éireann Debate, Wednesday - 9 June 2010
6 Deputy Maureen O’Sullivan asked the Minister for Enterprise, Trade and Innovation if he will give migrant workers in the employment permit system the right to change employment in their job category; and his views on whether permit holders deserve the basic right to change employer. [24400/10]
Amharc ar fhreagraSince 2004, a key element of Irish labour market policy has been to ensure that general labour and skills needs are met from indigenous labour and from within the workforce of the European Union. For strategic skills or labour shortages in designated occupations in key economic sectors, Government policy is to issue employment permits for the employment of non-EEA nationals for specific vacancies and in response to employer demand. The various schemes that give effect to such policies — Green Cards, Work Permits, Spousal and Dependant Work Permits and permits for Intra-company Transferees — were introduced following enactment of the Employment Permits Act, 2006 and came into effect on 1st February 2007.
In early 2009, the Department undertook a review of employment permit arrangements to ensure their ongoing relevance to the needs of the Irish labour market. As an outcome of this review, more stringent eligibility criteria were implemented for prospective new entrants to the work permit schemes from 1st June 2009 onwards.
The Employment Permits Act 2006 provides immigrants with greater freedom, autonomy and control over their own employment choices by enabling workers, for the first time, to apply and re-apply for their own permit. The Act also allows workers to change their employer after a period of a year and move to another employment in order to take advantage of better conditions or career options.
It is important to retain the current arrangements which operate also to protect employees as it allows the system to trace employers who employ permit holders. I believe that the current arrangements for moving jobs are sufficiently flexible. A properly controlled employment permit system requires that permits be issued to a specific employee for a specific job with a specific employer. To do otherwise would not only risk abuse of the employment permit system but would make it much more difficult to ensure that employers observed the employment rights of employees.
Although employment permits are employer and location specific, it is the case that the Department currently makes best efforts to facilitate those who encounter difficult situations and who wish to change employers, with new employment permits. In the past year, for instance, almost 1,500 new employment permits were issued in respect of employees changing to new employers. These permit applications were issued without regard to the normal requirements of advertising the position in daily newspapers and with FÁS.
Exploitation in the labour market is unacceptable and I urge all who find themselves in this position, including employees on employment permits or persons who know of such a situation, to contact the National Employment Rights Authority (NERA) who will investigate these matters. While reporting of breaches can sometimes present difficulties for employees who hold permits linked to a particular employer, I would remind the Deputy that NERA will also act on complaints made to them anonymously.
The Employment Permits Act 2006 provides for regular review of Ireland's economic migration policies and my Department keeps these policies under review on an on-going basis.
