Page 22 - Workplace Relations Guide to Employment Law

or as the case may be the connected person 4 Swiss Nationals: In accordance
or contractor, named on the permit during the with the terms of the European
period of validity of the permit, the original
employment permit and the certified copy Communities and Swiss
held by the employer, or as the case may by, Confederation Act, 2001, which
the connected person or contractor, must be came into operation on 1 June, 2002,
returned immediately to the Department of this enables the free movement
Business, Enterprise and Innovation. of worker between Switzerland
and Ireland, without the need for
The following non-EEA nationals do not Employment Permits.
require an employment permit:
Inspectors in the Workplace Relations
4 non-EEA workers legally employed in Commission are also appointed by the
one Member State who are temporarily Minister for Business Enterprise and
sent on a contract to another Member Innovation as authorised officers for the
State-the employer does not need purposes of the Employment Permits Acts.
to apply for employment permits in
respect of the non-nationals for the
period of contract.
Terms of Employment (Terms of
4 a Non-EEA national who has been Employment (Information) Acts)
granted permission to remain in the
State on one of the following grounds:
The Terms of Employment (Information) Acts
4 permission to remain as spouse or a 1994 to 2014 require employers to provide
dependant of an Irish/EEA national, employees with a written statement of
certain particulars of their employees’ terms
4 Permission to remain as the parent of employment. The Acts, in general, apply to
of an Irish citizen,
any person
4 Temporary leave to remain in the
State on humanitarian grounds, 4 working under a contract of
having been in the Asylum process, employment or apprenticeship
4 Explicit permission from the 4 employed through an employment
Department of Justice and Equality to agency or
remain resident and employed in the 4 in the service of the State (including
State,
members of the Garda Siochana and
4 Permission to be in the State as a the Defence Forces, Civil Servants
registered student who is permitted and employees of any local authority,
to work 20 hours during term time health board, harbour authority, the
and 40 hours during holiday periods, Health Service Executive or education
and training board).
4 Permission to be in the State
under the terms of the Diplomatic
Relations and Immunities Act 1967, The Acts do not apply to a person who
and are assigned to a Mission of a has been in the continuous service of the
country with whom the Government employer for less than 1 month.
has entered into a Working
Dependents Agreement, In the case of agency workers, the party
who is liable to pay the wages (employment

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