Employment Permits (Amendment) (No. 3) Regulations 2024

S.I. No. 328/2024 - Employment Permits (Amendment) (No. 3) Regulations 2024 Download PDF Íoslódáil PDF Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of th July, 2024. I, EMER HIGGINS, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on me by sections 14, 29 and 30 (as amended by sections 17 29 30 of the Employment Permits (Amendment) Act 2014 (No. 26 of 2014)) of the Employment Permits Act 2006 (No. 16 of 2006) (as adapted by the Business, Enterprise and Innovation (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 519 of 2020 )) and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) Order 2024 ( S.I. No. 165 of 2024 ), hereby make the following regulations: 1. (1) These Regulations may be cited as the Employment Permits (Amendment) (No. 3) Regulations 2024. (2) The collection citation “the Employment Permits Regulations 2017 to 2024” includes these Regulations. 2. In these Regulations— “Principal Regulations” means the Employment Permits Regulations 2017 ( S.I No. 95 of 2017 “Regulations of 2023” means the Employment Permit (Amendment) (No. 3) Regulations 2023 ( S.I. No. 680 of 2023 ). 3. Regulation 8(2) (as amended by Regulation 4 of the Employment Permits (Amendment) (No. 3) Regulations ( S.I. No. 677 of 2022 )) of the Principal Regulations is amended— (a) in subparagraph (m), by substituting “horticulture worker, meat processor operative or sea fisher in the Irish fishing fleet” for “horticulture worker or meat processor operative”, (b) in subparagraph (p), by substituting “employment;” for “employment; and”, (c) in subparagraph (q), by substituting “made; and” for “made.”, and (d) by inserting after subparagraph (q) the following subparagraph: “(r) in the case of an application for employment as a sea fisher in the Irish fishing fleet— (A) the particulars required under the Fisherman’s Work Agreement provided for under Regulation 7 of the European Union (International Labour Organisation Work in Fishing Convention) (Crew List and Fisherman’s Work Agreement) Regulations 2020, (B) the particulars required under the Principal Act and Section 3 (1) and Section 3 (1A) of the Terms of Employment (Information) Act 1994 (No. 5 of 1994), (C) details of the periodic payments of the minimum annual remuneration, and (D) all deductions from pay, including any deduction for the provision of food or accommodation by the employer while on the fishing vessel, (II) a certified translation of the agreement or contract referred to in clause (I) in a language comprehensible to the sea fisher, and (III) a copy of a declaration signed by the person who makes the offer of employment that that person will ensure the foreign national concerned will be enrolled in a Bord Iascaigh Mhara (BIM) Safety Training Scheme prior to commencement of employment in accordance with the Fishing Vessel (Basic Safety Training) Regulations 2001 ( S.I. No. 587 of 2001 4. Schedule 3 (as amended by Regulation 11 of the Regulations of 2023) of the Principal Regulations is amended by substituting for entry SOC-3 no. 354 the following: SOC 3 Categories of Employment SOC 4 354 Sales, Marketing and Related Associate Professionals 3542 Business sales executives specialising in International Sales Roles or ITB2B sales roles and with fluency in the official language of a state which is not a Member State of the EEA and is not an official language of an EEA state 3543 International marketing experts with required domain knowledge specialising in product strategy development and management with technical and product/service knowledge (pharmaceutical, medical devices, Software B2B, SaaS products) 5. The Principal Regulations are amended by substituting for Schedule 4 (as amended by Regulation 11 of the Regulations of 2023) the Schedule set out in the Schedule to these Regulations. 6. Schedule 7 (inserted by Regulation 12 of the Regulations of 2023) of the Principal Regulations is amended by substituting for the entry for “Meat Processing Operative” the following entries: Column 1 Column 2 Column 3 Maximum number Start date of period during which maximum number shall be granted Meat Processor Operative 17 January 2024 Sea fisher in the Irish fishing fleet 150 2 July 2024 Regulation 5 New Schedule 4 to Principal Regulations Regulations 18, 29, 31, 43 and 61 Schedule 4 Employments in respect of which an employment permit shall not be granted Categories of employment 122 Managers in Hospitality and Leisure Services 1225 Leisure and sports facilities managers 1226 Travel agency managers 124 Managers in Health and Care Services 1242 Residential, day and domiciliary care managers (with the exception of those working in disability services) 125 Managers in Other Services 1251 Property, housing and estate managers 1252 Garage managers 1253 Hairdressing and beauty salon managers 1254 Shopkeepers – wholesale and retail 1255 Waste disposal and environmental services managers 1259 Other managers in other services not elsewhere classified (includes Betting shop manager, Graphic design manager, Library manager, Plant hire manager, Production manager) (with the exception of Safety Manager) 222 Therapy Professionals 2229 Other therapy professionals not elsewhere classified (with the exception of orthoptists, and chiropractors who are members of the Chiropractic Association of Ireland) (with the exception of Play Therapists working in disability services) 244 Welfare Professionals 2443 Probation officers 2449 Other welfare professionals not elsewhere classified 312 Draughtspersons and Related Architectural Technicians 3121 Town planning technicians 321 Health Associate Professionals 3217 Pharmaceutical technicians 3218 Dental technicians only 3219 (with the exception of Genetic Counsellor) 323 Welfare and Housing Associate Professionals 3231 Youth and community workers (with the exception of Family Support Workers working in disability services) 3233 Child and early years officers 3234 Housing officers 3235 3239 Other welfare and housing associate professionals not elsewhere classified (with the exception of Project Officer working in disability services) (with the exception of Support Worker) 331 Protective Service Occupations 3311 NCOs and other ranks 3312 Police officers (sergeant and below) 3313 Fire service officers (watch manager and below) 3314 Prison service officers (below principal officer) 3315 Police community support officers 3319 Other protective service associate professionals not elsewhere classified 344 Sports and Fitness Occupations 3443 Fitness instructors 352 Legal Associate Professionals 3520 Legal associate professionals (with the exception of employment of a person fluent in the official language of a State which is not a member of the EEA and is not an official language of an EEA state and who has market knowledge of that non-EEA state) 354 Sales, Marketing and Related Associate Professionals 3544 Estate agents and auctioneers 3546 Conference and exhibition managers and organisers 356 Public Services and Other Associate Professionals 3561 Public services associate professionals 3563 Vocational and industrial trainers and instructors (with the exception of mobility instructors and Guide Dog mobility instructors for the visually impaired) (with the exception of Autism Assistance Dog Instructor) 3564 Careers advisers and vocational guidance specialists (with the exception of career guidance teachers in secondary schools) 3565 Inspectors of standards and regulations 3567 Health and safety officers (with the exception of Construction Safety Officers) 411 Administrative Occupations: Government and Related Organisations 4112 National government administrative occupations 4113 Local government administrative occupations 412 Administrative Occupations: Finance 4121 Credit controllers (with the exception of employment of a person fluent in the official language of a State which is not a member of the EEA and is not an official language of an EEA state, in a role in credit control where the employment is supported by an enterprise development agency) 4122 Book-keepers, payroll managers and wages clerks (with the exception of employment of a person fluent in the official language of a State which is not a member of the EEA and is not an official language of an EEA state in a role in accounts payable where the employment is supported by an enterprise development agency) 4123 Bank and post office clerks 4124 Finance officers 4129 Other financial administrative occupations not elsewhere classified 413 Administrative Occupations: Records 4131 Records clerks and assistants 4132 Pensions and insurance clerks and assistants 4133 Stock control clerks and assistants 4135 Library clerks and assistants 4138 Human resources administrative occupations 415 Other Administrative Occupations 4151 Sales administrators 4159 Other administrative occupations not elsewhere classified 416 Administrative Occupations: Office Managers and Supervisors 4161 Office managers 4162 Office supervisors 421 Secretarial and Related Occupations 4211 Medical secretaries 4212 Legal secretaries 4213 School secretaries 4214 Company secretaries 4215 Personal assistants and other secretaries 4216 4217 Typists and related keyboard occupations 511 Agricultural and Related Trades 5111 Farmers (with the exception of Pig Manager) 5112 Horticultural trades 5113 Gardeners and landscape gardeners 5114 Groundsmen and greenkeepers 5119 Other agricultural and fishing trades not elsewhere classified (with the exception of sea fisher in the Irish fishing fleet) 523 Vehicle Trades 5236 Boat and ship builders and repairers 5237 Rail and rolling stock builders and repairers 524 Electrical and Electronic Trades 5244 TV, video and audio engineers 5249 Other electrical and electronic trades not elsewhere classified (with the exception of lineworker working on behalf of ESB Networks) 531 Construction and building trades 5319 Other construction and building trades not elsewhere classified 541 Textiles and Garments Trades 5411 Weavers and knitters 5413 Footwear and leather working trades 5419 Other textiles, garments and related trades not elsewhere classified 542 5421 Pre-press technicians 5422 5423 543 Food Preparation and Hospitality Trades 5432 Flour confectioners 5433 Fishmongers and poultry dressers 5434 (with the exception of – • Executive Chef with minimum of 5 years’ experience • Head Chef with minimum of 5 years’ experience • Sous Chef with minimum of 5 years’ experience • Chef de Partie with minimum of 2 years’ experience • Commis Chef with minimum of 2 years’ experience who will be employed in establishments other than fast food outlets) 5435 544 Other Skilled Trades 5441 Glass and ceramics makers, decorators and finishers 5443 5449 All other skilled trades not elsewhere classified 612 Childcare and Related Personal Services 6121 Nursery nurses and assistants 6122 Childminders and related occupations 6125 Teaching assistants 6126 Educational support assistants 613 Animal Care and Control Services 6131 Veterinary nurses 6132 Pest control officers 6139 Other animal care services occupations not elsewhere classified (with the exception of work riders) 614 Caring Personal Services 6142 Ambulance staff (with the exception of paramedics) 6143 Dental nurses 6144 Houseparents and residential wardens 6146 Senior care workers (with the exception of those working in disability services) 6147 Care escorts 6148 Undertakers, mortuary and crematorium assistants 621 Leisure and Travel Services 6211 Sports and leisure assistants 6212 Travel agents 6214 Air travel assistants 6215 Rail travel assistants 6219 Other leisure and travel service occupations not elsewhere classified (with the exception of tourist guides fluent in the official language of a State which is not a member of the EEA and is not an official language of an EEA state) 622 Hairdressers and Related Services 6221 Hairdressers, barbers, and related occupations 6222 Beauticians and related occupations 623 Housekeeping and Related Services 6231 Housekeepers and related occupations 6232 624 Cleaning and Housekeeping Managers and Supervisors 6240 Cleaning and housekeeping managers and supervisors 711 Sales Assistants and Retail Cashiers 7111 Sales and retail assistants 7112 Retail cashiers and check-out operators 7113 Telephone salespersons 7114 Pharmacy and other dispensing assistants 7115 Vehicle and parts salespersons and advisers 712 Sales Related Occupations 7121 Collector salespersons and credit agents 7122 Debt, rent and other cash collectors 7123 Roundspersons and van salespersons 7124 Market and street traders and assistants 7125 Merchandisers and window dressers 7129 Other sales related occupations not elsewhere classified 713 Sales Supervisors 7130 Sales supervisors 721 Customer Service Occupations 7211 Call and contact centre occupations (with the exception of employment of a person fluent in the official language of a State which is not a member of the EEA and is not an official language of an EEA state, where the employment is supported by an enterprise development agency and is in— • a customer service and sales role with relevant product knowledge, • a specialist online digital marketing and sales role, or • a specialist language support and technical sales support role) 7213 7214 Communication operators 7215 7219 Other customer service occupations not elsewhere classified 722 Customer Service Managers and Supervisors 7220 Customer service managers and supervisors 811 Process Operatives 8111 Food, drink and tobacco process operatives (with the exception of Computer Numerical Control Operative and Meat processor operative) 8112 Glass and ceramics process operatives (with the exception of Computer Numerical Control Operative) 8114 Chemical and related process operatives (with the exception of Computer Numerical Control Operative) 8115 Rubber process operatives (with the exception of Computer Numerical Control Operative) 8116 Plastics process operatives (with the exception of Computer Numerical Control Operative) 8117 Metal making and treating process operatives (with the exception of Computer Numerical Control Operative) 8118 (with the exception of Computer Numerical Control Operative) 8119 Other process operatives not elsewhere classified (with the exception of Computer Numerical Control Operative) 812 Plant and Machine Operatives 8121 Paper machine operatives (with the exception of Computer Numerical Control Operative) 8122 Coal mine operatives (with the exception of Computer Numerical Control Operative) 8123 Quarry workers and related operatives (with the exception of Computer Numerical Control Operative) 8124 Energy plant operatives (with the exception of Computer Numerical Control Operative) 8125 Metal working machine operatives (with the exception of Computer Numerical Control Operative) 8126 Water and sewerage plant operatives (with the exception of Computer Numerical Control Operative) 8127 (with the exception of Computer Numerical Control Operative) 8129 Other plant and machine operatives not elsewhere classified (with the exception of Computer Numerical Control Operative) (with the exception of Saw Doctor) 813 Assemblers and Routine Operatives 8131 Assemblers (electrical and electronic products) (with the exception of Armature Rewinder) 8132 Assemblers (vehicles and metal goods) 8133 Routine inspectors and testers 8134 Weighers, graders and sorters 8135 Tyre, exhaust and windscreen fitters 8137 Sewing machinists 8139 Other assemblers and routine operatives not elsewhere classified 814 Construction Operatives 8142 Road construction operatives 8143 Rail construction and maintenance operatives 8149 Other construction operatives not elsewhere classified 821 Road Transport Drivers 8211 Large goods vehicle drivers (with the exception of heavy goods vehicle drivers who have- • a category CE or C1E driving licence, or • an equivalent category to a category CE or C1E driving licence identified through a mutual recognition agreement between the Road Safety Authority and the appropriate regulatory authority in another jurisdiction). 8212 Van drivers 8213 Bus and coach drivers (with the exception of bus and coach drivers who have- • A category D, DE, D1 or D1E driving licence, or • an equivalent category to a category D, DE, D1 or D1E driving licence identified through a mutual recognition agreement between the Road Safety Authority and the appropriate regulatory authority in another jurisdiction) 8214 Taxi and cab drivers and chauffeurs 8215 Driving instructors 822 Mobile Machine Drivers and Operatives 8222 Fork-lift truck drivers 8223 Agricultural machinery drivers 8229 Other mobile machine drivers and operatives not elsewhere classified 823 Other Drivers and Transport Operatives 8231 Train and tram drivers 8232 Marine and waterways transport operatives 8233 Air transport operatives 8234 Rail transport operatives 8239 Other drivers and transport operatives not elsewhere classified 911 Elementary Agricultural Occupations 9111 Farm workers (with the exception of dairy farm assistants) (with the exception of pig farm assistants) 9112 Forestry workers (with the exception of forestry worker/speciality forestry harvesting technician) 9119 Other fishing and other general agriculture occupations not elsewhere classified (with the exception of horticulture worker) 912 Elementary Construction Occupations 9120 Elementary construction occupations 913 Elementary Process Plant Occupations 9132 Industrial cleaning process occupations 9134 Packers, bottlers, canners and fillers 9139 Other elementary process plant occupations not elsewhere classified 921 Elementary Administration Occupations 9211 Postal workers, mail sorters, messengers and couriers 9219 Other elementary administration occupations not elsewhere classified 923 Elementary Cleaning Occupations 9231 Window cleaners 9232 Street cleaners 9233 Cleaners and domestics 9234 Launderers, dry cleaners and pressers 9235 Refuse and salvage occupations 9236 Vehicle valeters and cleaners 9239 Other elementary cleaning occupations not elsewhere classified 924 Elementary Security Occupations 9241 Security guards and related occupations 9242 Parking and civil enforcement occupations 9244 School midday and crossing patrol occupations 9249 Other elementary security occupations not elsewhere classified 925 Elementary Sales Occupations 9251 Shelf fillers 9259 Other elementary sales occupations not elsewhere classified 926 Elementary Storage Occupations 9260 Elementary storage occupations 927 Other Elementary Services Occupations 9271 Hospital porters 9272 Kitchen and catering assistants 9273 Waiters and waitresses 9274 Bar staff 9275 Leisure and theme park attendants 9279 Other elementary services occupations not elsewhere classified Domestic operatives GIVEN under my hand, 2 July 2024 EMER HIGGINS Minister of State at the Department of Enterprise, Trade and Employment EXPLANATORY NOTE This note is not part of the Instrument and does not purport to be a legal interpretation. These Regulations amend the Employment Permits Regulations 2017 to provide for employment permits for sea fishers in the Irish fishing fleet and make other minor amendments to the schedules thereto. These Regulations may be cited as the Employment Permits (Amendment) (No. 3) Regulations 2024.