We recently posted an article in
relation to the publication of the Employment Permits (Amendment Bill 2014).
This legislation proposes significant changes to the existing work permit
regime and the main changes are set out in our previous post.
We have further reviewed the
proposed changes and note that the Bill is proposing to reintroduce the Labour
Market Needs Test to all employment permit applications and this likely to have
a significant impact.
The current position is that when
an employee makes an application for a work permit, there is no requirement to
satisfy the Labour Market Needs Test (LMNT). In circumstances where the
employer makes the application however, the test must be satisfied. The test requires
an employer to advertise any vacancy with the Department of Social Protection
Employment Services/EURES Employment Network for at least two weeks as well as
in a national newspaper for at least three days and also in either a local
newspaper or jobs website for three days. Applications cannot be submitted
until the Labour Market Needs Test has been completed. Full details of the test
can be found here :
The reintroduction of the Labour
Market Needs Test is likely to make the work permit application process more
arduous and less attractive to employers, to the disadvantage of potential
applicants who may have valuable skills and experience. Our own experience is
that many employers simply decline to interview applicants on the basis that
they do not hold a stamp 4 and do not take into account the fact that a
prospective employee may be eligible for a work permit should the job be
offered to them. Employers are also often not aware that there would be no
significant delay should the applicant to have to obtain a work permit as applications
are processed relatively quickly. The reintroduction of the LMNT to all work
permit applications, whether made by the employee or the employer, may present a
further disincentive to employers to take on applicants who require a work
permit.
We will provide a further update
on other relevant aspects of the Bill. It should be noted that the Bill is yet
to be enacted and is not currently law. We will confirm on our blog when the
provisions are enacted.
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