Inspectors of the Workplace Relations Commission (WRC) are appointed as Authorised Officers to enforce both the 2003 and 2006 Employment Permits Acts as amended.
In addition to ensuring compliance with employment legislation WRC also regularly inspects workplaces to ensure compliance with employment permits legislation.
The legislation specifically provides that WRC Authorised Officers may if they consider it necessary be accompanied by other Authorised Officers (Revenue and Social Protection) and or members of An Garda Síochána. The legislation also provides for An Garda Síochána, in its own right, to enforce the legislation.
These inspections may include:
an examination of the accuracy of information and documentation provided in relation to employment permit applications, and
checks that the conditions attached to the grant of an employment permit (such as job description, remuneration, permitted hours of work, etc.) are complied with.
As part of this process (and in line with their statutory powers) WRC inspectors may require employers to produce relevant documentation in support of their application.
Applicants are reminded of the consequences of providing false or misleading information; in particular, attention should be given to the following provisions of the Employment Permits Act 2006:
Under Section 25 of the Employment Permits Act 2006 —Subsection 2
“A person who furnishes to the Minister, on an application under section 4 or 20, information that is false or misleading in a material respect knowing that it is so false or misleading or being reckless as to whether it is so false or misleading is guilty of an offence.".
Under Section 16 of the Employment Permits Act 2006 the Minister may revoke a permit if:
“(c) in the opinion of the Minister, it was obtained by fraud or misrepresentation,
(d) in the opinion of the Minister, any information provided in respect of the application for it was false or misleading in a material respect.”.
Under Section 12 of the Employment Permits Act 2006 the Minister may refuse to grant an employment permit if:
“(g) a material misrepresentation in respect of the application has been made by the applicant,
(h) a forged or fraudulent document has been submitted in respect of the application.”.
Employment Permits Section
6 February 2017