Dáil Éireann Debate, Tuesday - 22 March 2016
127. Deputy Michael Healy-Rae asked the Minister for Jobs, Enterprise and Innovation the status of a work employment permit for a person (details supplied) in County Kerry; and if he will make a statement on the matter. [5058/16]
Amharc ar fhreagraThe State’s employment permits system is designed to ensure that employment opportunities that arise are given, in the first instance to Irish and EEA nationals. Hence there is a requirement on employers seeking non-EEA nationals via the permits system to conduct a Labour Market Needs Test in the manner prescribed in legislation.
The application in question was refused on 30 October 2015 and the refusal decision was upheld on 12 January 2016 as the specified nature of employment - head chef - was an employment specified in Regulation 26(1) and Schedule 4 of the Employment Permits Regulations 2014 (S.I. No. 432 of 2014) for which a General Employment Permit could not be granted. Employment Permit applications for chefs are solely considered for the preparation of cuisine originating from a State outside the EEA and where the employee is working in establishments other than fast food outlets. The occupation in question was on the List of Ineligible Categories of Employment for Employment Permits. In line with Section 12(3) of the Employment Permits Act 2006 (as amended) an employment permit could not be issued.
In addition, the applicant did not provide evidence that an advertisement relating to the proposed employment had run in a local newspaper or on a jobs website for three days during the 90 days preceding this application, as was required under Regulations 7, 27(1) and 40(1) of the Employment Permits Regulations 2014 (S.I. No. 432 of 2014) as the case may be. In line with Section 10A(2) of the Employment Permits Act 2006 as amended, an employment permit could not issue.
Finally, the manner in which the advertisement was published did not meet the requirements set out in Regulation 27(2) of the Employment Permits Regulations 2014 (S.I. No. 432 of 2014). All advertisements are required to state a description of the employment, the name of the employer, the minimum annual remuneration, the location/s of employment and the hours of work on offer per week. In particular the advertisement on the Eures/DSP site did not include details of the employment’s salary, while the advertisement in the national newspaper did not include details of the employment’s hours or salary. In line with Section 10A(2) of the Employment Permits Act 2006 as amended, an employment permit could not issue.
