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Contract for Services Permit

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Contract for Services Permit

Purpose:

    •  Designed for foreign contractors who have won contracts to provide services to Irish entities, allowing the transfer of non-EEA employees to work on these contracts in Ireland.

Requirements:

    • Must be a one-to-one contract with an Irish entity (documentary evidence may be required).
    • Employment permits are not issued for subcontracted work.
    • Permits are granted for the contract term, initially up to 24 months, extendable to a maximum of 5 years.

Employment Conditions:

    • Preference for permit holders to be employed, salaried, and paid under an Irish contract.
    • Strict criteria apply as employees are employed by a foreign employer.

Assessment:

    • The Department of Enterprise, Trade and Employment examines several criteria for the permit application, details of which are on the application form.

Short-Term Contracts:

    • For contracts up to 3 months, applicants may consider the Atypical Working Scheme by the Department of Justice.

This permit facilitates specific contractual work while ensuring proper employment conditions and adherence to Irish regulations

Employee Criteria

Eligibility:

    • Job Specific: Positions must be directly related to the service contract.
    • Excluded Occupations: Cannot be for jobs on the Ineligible List or contrary to public interest.

Employee Requirements:

    • Minimum Work Period: Must have worked for at least 6 months with the contractor before transfer.
    • Contract Term: Upon contract end or permit expiry, the permit holder must leave the State.

Post-Contract Options:

    • Alternative Employment Permits: After holding the permit for one year, the holder can apply for another permit (e.g., Critical Skills or General Employment Permit) subject to normal criteria.

Dependents:

    • Separate Permits: Spouses, dependents, or partners are not eligible for Dependent Employment Permits and must apply for their own permits (e.g., Critical Skills or General Employment Permit).

Employer Criteria

For the Contractor:

    • Registration: The Contractor must be registered with the Revenue Commissioners as an employer and, if applicable, with the Companies Registration Office.
    • Employee Nationality Requirement: At the time of application, at least 50% of the employees of the Contractor or the Relevant Person (the individual in Ireland with whom the contractor has a service contract) must be EEA nationals.

A Labour Market Needs Test is generally required except in the following cases:

    • For occupations listed on the Critical Skills Occupations List.
    • When the job offer involves eligible employment with a minimum annual salary of €64,000.
    • When the application includes a recommendation from Enterprise Development Agencies (applicable to client companies of Enterprise Ireland or IDA Ireland).

This ensures that high-demand and highly remunerated roles, as well as those backed by key agencies, can bypass the standard test.

Remuneration required:

To reach the €46k annual remuneration threshold, the following components can be considered:

    1. Basic Salary: Must at least meet the National Minimum Wage or any legally fixed rate.
    2. Additional Components: These can be included to meet the threshold:
      • Payments for board and accommodation, or their monetary value if provided by the contractor.
      • Health insurance payments made to registered health insurers or equivalents approved by the Minister.

Required Documentation/Evidence for Employment Permit

To obtain an Employment Permit, the following details must be included in the non-EEA national’s payslips:

    1. Basic Salary: The amount paid at the time of the application.
    2. Additional Payment: If the basic salary is below the National Minimum Wage or a legally fixed rate, the additional payment made.
    3. Total Salary: The combined amount of the basic salary and any additional payment.
    4. Deductions: All deductions made by the foreign employer from the basic and additional payments.
    5. Net Payment: The amount to be paid to the foreign national during the permit period after deductions.

Payslips must be submitted when renewing an employment permit. Failure to clearly itemize the basic salary can affect renewal.

Additionally, documentation demonstrating payments or the monetary value of board and/or accommodation, and health insurance, will be required at the time of renewal application.

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