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By Tara Daly April 8, 2025
In 2024, Ireland implemented significant reforms to its employment permit and visa systems through the Employment Permits Act 2024. These changes aim to modernise the process, address labour market needs, and enhance flexibility for both employers and employees. If you currently employ, or plan to employ an employment permit or visa holder, it's crucial to understand these developments and their implications.​ Key Changes Introduced by the Employment Permits Act 2024: Revised Labour Market Needs Test (LMNT): Employers are no longer required to advertise job vacancies in print media. Instead, vacancies must be posted on online platforms accessible to Irish and EEA citizens. However, postings on Jobs Ireland and EURES remain mandatory. This simplifies the process for employers, potentially speeding up the recruitment process. Enhanced Mobility for Employment Permit Holders: General Employment Permit (GEP) and Critical Skills Employment Permit (CSEP) holders can now change employers after nine months, reduced from the previous 12-month requirement. GEP holders can move within the same occupation, while CSEP holders have broader flexibility across related roles. ​ Facilitated Internal Promotions and Transfers: Permit holders can be promoted or internally transferred within the same company without needing a new employment permit, streamlining career progression and avoiding unnecessary administrative burdens for employers. Introduction of the Seasonal Employment Permit (SEP): A new permit allows non-EEA workers to engage in seasonal employment for up to seven months annually, supporting sectors like horticulture and agriculture. A pilot scheme was launched in February 2025. ​ This is positive for employers who may otherwise struggle to recruit seasonal workers. Updated Salary Thresholds: Minimum salary requirements for various permits have been increased. For instance, the threshold for General Employment Permits rose from €30,000 to €34,000 in January 2024, with further increases planned later this year. ​ Whilst this is increase is positive in that it ensures Migrant workers are earning a living wage, the increased threshold may lead to difficulties in recruitment and may also deter some employers from considering Work Permits. Expanded Rights for Dependents: Dependents of CSEP holders and certain researchers can now work in Ireland without needing a separate employment permit, enhancing family integration. ​ Implications for Employers: Recruitment Flexibility: The revised LMNT and mobility provisions allow for a more streamlined hiring process and greater access to international talent.​ Compliance Obligations: Employers must ensure adherence to the new advertising requirements and updated salary thresholds to remain compliant.​ Strategic Workforce Planning: The introduction of the SEP provides opportunities to address seasonal labour demands effectively.​ Implications for Employees: Career Advancement: Enhanced mobility and promotion provisions offer greater opportunities for career development within Ireland.​ Family Integration: Expanded work rights for dependents facilitate better family support and integration into Irish society.​ These legislative changes reflect Ireland's commitment to creating a more flexible and responsive employment permit system, balancing economic needs with worker rights.​ Need Support Navigating the Changes? If you have questions about how the 2024 work permit and visa changes affect your business, or if you're unsure about compliance, recruitment strategies, or permit applications— we’re here to help . Our team of HR and employment law experts can guide you through every step of the Work Permit process, ensuring you remain compliant while supporting your workforce needs. Call or email us today 01 8870690, info@mssthehrpeople.ie
By Tara Daly April 8, 2025
Ireland is becoming an increasingly multicultural society, with one in five residents born abroad. However, while workplaces are seeing more diverse talent pools, true representation at senior levels is still a challenge. The Current Landscape Encouraging progress has been made in gender diversity—particularly in boardrooms. The number of women on boards of the top 20 listed companies has doubled in the past five years. However, broader workplace diversity remains an issue. Recent reports indicate that only half of employees feel their companies are representative of society at management levels. Key Challenges Ethnic Minority Representation: Many ethnic minority professionals continue to face barriers to career progression, particularly in leadership roles. Disability Inclusion: Despite workplace accessibility initiatives, disabled individuals remain underrepresented in the workforce. Gender Disparities: While strides have been made, industries like finance and tech still show significant gender gaps at senior levels. The introduction of gender pay gap reporting in Ireland is a significant step toward greater transparency. By requiring companies to publish gender pay data, this initiative highlights disparities and encourages organisations to take proactive measures to address them. Steps Towards a More Inclusive Workforce 1. Commitment to Change – Companies need to adopt proactive diversity, equity, and inclusion (DEI) policies, ensuring hiring and promotion practices reflect a broader talent base . Initiatives & Charters – Programs like the Women in Finance Charter and various industry-led DEI initiatives are helping to bridge gaps, but more widespread adoption is needed. Employee Engagement & Training – Diversity training and mentorship programs can create more inclusive work environments, fostering career development for underrepresented groups. Data-Driven Approach – Measuring diversity statistics and setting clear goals can help track progress and drive accountability. Gender pay gap reporting, in particular, provides valuable insights and holds companies accountable for wage disparities. Looking Ahead For businesses, improving workplace diversity isn’t just about compliance—it’s about fostering innovation, improving decision-making, and reflecting the diverse landscape of modern Ireland. A sustained, strategic approach will be crucial in making workplaces more inclusive and reflective of the country’s evolving demographics.  If you’d like support in developing diversity strategies tailored to your organisation, get in touch with us today!
By Tara Daly April 8, 2025
As we navigate the complexities of Irish employment law, public holiday entitlements continue to be a topic of interest and sometimes uncertainty. In this article, we've compiled recent case law and key rulings that provide valuable insights into your obligations and rights regarding public holidays. These cases will help clarify common questions and ensure that your policies align with the latest legal standards. Failing to Pay Public Holiday Entitlements? It Could Cost More Than You Think!  Full case available here: https://www.workplacerelations.ie/en/cases/2024/november/adj-00044754.html This case is a strong example of how the Workplace Relations Commission (WRC) can exercise its authority not only to ensure an employer pays outstanding statutory entitlements but also to award additional compensation for breaches of employment rights. Both parties agreed that the Complainant had not been paid for four public holidays. Under Section 27(c) of the Organisation of Working Time Act, the adjudicator has the power to order an employer to pay compensation that is "just and equitable" in the circumstances, up to a maximum of two years' remuneration. While the Respondent acknowledged the breach and calculated the unpaid wages as €361.60, the adjudicator determined that this amount alone was insufficient. Emphasising the seriousness of the breach—particularly given that public holiday entitlements are clearly outlined in legislation—the adjudicator awarded the Complainant €1,000 in total. This decision reinforces that failing to comply with well-established statutory entitlements can result in financial penalties beyond simply repaying what is owed, highlighting the WRC’s commitment to upholding employee rights. When Public Holiday Entitlements may not apply Full Case available here: https://www.workplacerelations.ie/en/cases/2025/january/adj-00050728.html This case is an interesting example of how public holiday entitlements may not apply under the Organisation of Working Time Act. The Complainant alleged that he had not received payment for his public holiday entitlement for several years prior to his resignation on 12 th February 2024. In response, the Respondent argued that the Complainant had been absent from work for a significant period (2022) before his resignation and, as a result, had not accrued any entitlement to public holiday pay during that time. Under the Act, the Third Schedule specifies that an employee retains entitlement to public holiday pay for up to 26 weeks of absence or up to 52 weeks if the absence is due to a certified work-related illness. In this case, the Complainant was on certified sick leave until January 27, 2023. Given the applicable cognisable period for the complaint, it was determined that the Complainant had not accrued public holiday entitlements within that timeframe. Consequently, the complaint was deemed not well-founded. This case underscores the importance of understanding the statutory conditions under which public holiday entitlements apply, particularly concerning extended absences from work. Labour Court Rules 'On-Call' Time Doesn't Automatically Qualify as Working Time for Public Holiday Entitlements Full case available here: https://workplacerelations.ie/en/cases/2024/may/dwt2415.html This is an interesting case in that The Labour Court reviewed the appeal of Mater Misericordiae University Hospital regarding an employee, Adrian Stefan, who was on call during public holidays (March 18, 2022, and June 6, 2022). Stefan argued that his "on-call" time should count as "working time" under the Organisation of Working Time Act, making him eligible for public holiday entitlements. The Court considered EU jurisprudence on "on-call" duty, concluding that time spent on-call doesn't automatically qualify as working time unless significant constraints limit personal activities. The Court ruled in favour of the employer, as the employee was not called in on the public holidays. This case highlights that employers should consider whether the employee is restricted from engaging in personal activities during on-call periods, when determining whether on-call work is deemed working time. For any queries in relation to Public Holiday entitlement, don’t hesitate to get in touch with the team at MSS-The HR People. PH: 01 8870690 info@mssthehrpeople.ie
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