Because of this visa, some employers are willing to give you a job offer if you qualify for a critical skill. If you have specific questions regarding a particular fact situation, we urge you to consult competent legal counsel. Severance pay generally is not required by law unless a) the employer previously has committed to pay it (by employment contract, collective bargaining agreement, or severance pay plan), b) there is a state or local requirement, or c) it is being paid as "consideration" to obtain an employee's signature on a release/waiver of claims against the employer. Public relations are important. Therefore, you can also apply for a Critical Skills Visa with a job offer and receive a 5 year visa. or "Is this fair?" A handout summarizing the available post-employment benefits often simplifies the meetings and minimizes post-meeting follow-up questions. If you find a job within 12 months, you can extend your Critical Skills Visa for up to 5 years. ☐ Arrange for advice. Identify the company's obligations if those workers are included in the RIF and then make arrangements to satisfy any such obligations. Various recommended employer strategies for RIFs also provide protection in furloughing personnel. Radiological report (not required in respect of children under the age of 12 years or a pregnant woman). Managers should be sympathetic but not defensive or overly apologetic (which may imply employer wrongdoing) or too talkative (because extensive explanation/justification of the RIF may encourage unproductive debate, suspicion, questions or mistakes). ☐ Control communications. They are mentioned in the following discussion focused on RIFs. endobj The correct visa type for a holder of any type of employment permit issued by DJEI is the Employment (Permits etc. often leads to catastrophe avoidance. Review and maintain appropriate documentation retention policies. The last big change was on 6 October 2019 (list published 7 October 2019) when many more people were added under the Shortage Occupation List. Although a reduction in force (RIF) often can improve an entity's financial picture, there can be serious legal and financial consequences if it is not properly conceptualized, designed and implemented. We will accept requests received after 20 months however they … The applicant can be either the employer or the employee. The disadvantages of furloughs include ensuring the proper payment of salaried "exempt" employees (who must be paid their normal salaries if they do any work during a furlough week). <> Reductions in force are never easy or pleasant but, in these days of COVID-19, will be necessary for many companies. DJEI will shortly introduce a new range of employment permits. There should be two management personnel in the exit meeting: a spokesperson and a "non-speaking" witness. Will the RIF create any deferred compensation/Section 409A issues? RIF decision-makers may be here today but included in a subsequent RIF tomorrow. It generally is preferable to inform the departing workers individually and in person if possible. Critical Skills Employment Permits & Ineligible Categories of Employment The Minister for Business Enterprise and Innovation has announced important changes to the Employment Permit system which will help ease the current burden on employers in filling key labour shortages in certain areas. All affected foreign travellers must have boarded their flight to New Zealand by 23:59 on Thursday 19 March 2020. An Ireland Critical Skills Employment Permit is issued for two years. The latter was issued in line with the Quota List of 2009, which had skills categories, requirements, and the quota of skills targeted in the Republic of South Africa. RIFs are useful but often are expensive and sometimes lead to lawsuits. Spouses and children of Critical Skills Permit holders are eligible to apply for the Dependant/Partner Employment Permit. The occupation/critical skill must be on the Critical Skills list. Communications from management, ideally in person, often speed a return to normality. CRITICAL SKILLS WORK PERMITS. Attorney Advertising. Two (2) passport photos. What We Do Critical Skills Employment Permits. Be careful about entrusting sensitive, confidential information to anyone who might be released in the next RIF. or . If an applicant is seeking a work permit (other than the Critical Skills Employment Permit), then the employer must clear the Labour Markets Needs Test. If the explanation for a RIF is "we're out of money," don't give huge bonuses to senior executives shortly before or after the RIF. ☐ Gather materials necessary for the exit meetings. The managers should allow the employee to vent but should not engage in argument or debate and should remain firm (not implying that discharge decisions can be changed). Train senior staff and the "exit team" on how to respond to threats and violence. A general work permit shall lapse if within 6 months of issuance and if every year thereafter the holder fails to submit satisfactory proof to the Director-General that he/she is still employed along with proof of the terms and conditions of the job, and the job description %PDF-1.7 Give management the contact information for security and law enforcement personnel. <> Points to consider for these voluntary separations include: ☐ Determine desired outcomes. Make plans to exclude departing personnel from the building and computer/telephone systems immediately after being informed of their separations. This will enable them to take up employment in Ireland without having to meet the strict requirements in other employment permits; The processing fee for a Critical Skills Employment Permit is €1,000. Voluntary RIFs frequently are complicated, sometimes controversial and subject to litigation so a) ensure that there are a limited number of very well-informed company representatives who are designated to answer employee questions and that other (less-informed) management personnel are instructed not to speak to employees about the plan or the process; b) send employees with questions to only those designated company representatives; and c) carefully craft all internal and external announcements, explanatory memoranda and other communications to ensure clarity, completeness and accuracy. This checklist is designed to help organizations contemplating personnel "downsizing" identify the critical elements of a RIF. Equal Employment Opportunity Commission (EEOC) and the jury will not like you. A separation agreement containing a waiver/release of claims is commonly used. The applicant can be either the employer or the employee. Ideally, the decision-makers should be a diverse group of objective, credible executives who have been trained (or can be trained quickly) on how to conduct the RIF in a careful, non-discriminatory manner. <>/XObject<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 595.32 841.92] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Consistency in RIF selection criteria among successive RIFs is desirable but not essential if the RIFs in fact vary in size, scope and/or motivation. 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