Understanding the Notification of Change of Name of Employer under the Employment Permits Act 2006 (as amended)
The Irish Department of Enterprise, Trade and Employment provides a formal process for employers to notify the authorities of a change in the name of their business when they hold an employment permit for a foreign national. This procedure is essential for maintaining compliance with Irish employment law and ensuring the continued validity of work permits issued under the Employment Permits Act 2006 (as amended).
Scope and Purpose of the Notification
This notification process is specifically designed for employers who are currently sponsoring foreign nationals under various employment permits, including Green Cards, Critical Skills Employment Permits, Work Permits, and other related permits. It applies in cases where the business undergoes a transfer of ownership or a rebranding that involves a change of the company's name within the framework of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003.
The primary goal of this process is to ensure that the employment permit remains valid following a change of business name resulting from a transfer of the business. It also ensures that the new employer is recognized officially by Irish authorities, such as the Revenue Commissioners and the Companies Registration Office, which is important for ongoing compliance and future permit renewals.
Who Needs to Submit This Notification?
Employers currently holding an employment permit for a foreign national and planning to change the business name must submit this notification. This includes:
- Employers with a Green Card or Critical Skills Employment Permit
- Employers with a Work Permit or General Employment Permit
- Employers with Spousal or Dependant Employment Permits
- Employers with Reactivation, Sport and Cultural, Internship, or Exchange Employment Permits
Furthermore, the process is applicable when the business transfer occurs under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003, which safeguards employees’ rights during business transfers.
Key Steps and Required Documentation
To complete the notification, the employer must prepare and submit certain documents to the Department of Business, Enterprise and Innovation’s Employment Permits Section. These include:
- Letter from a solicitor or accountant: Confirming that the business transfer falls under the European Communities Regulations and specifying the transfer date.
- Registration details of the new employer: Such as a recent P30 form or a receipt of submission to the Revenue Commissioners, or official confirmation of registration from the Revenue Commissioners if no previous submissions exist.
- Original and certified copy of the employment permit: For the foreign national concerned.
All documentation must be submitted along with the completed notification form, which includes details about both the current and new employer, the foreign national’s name, and the business address.
Submission Process and Follow-up
The completed notification and supporting documents should be sent to:
Department of Business, Enterprise and Innovation Earlsfort Centre, Lower Hatch Street Dublin 2
Once received, the Department reviews the submission to verify that the change of name is linked to a business transfer as defined under the relevant regulations. If the documentation confirms compliance, the employment permit will be re-issued with the new employer’s name, allowing the foreign national to continue employment without interruption.
Legal and Compliance Implications
Failure to notify the Department of a change of business name following a transfer can result in the refusal of future permit renewals or other legal consequences. It is therefore crucial for employers to adhere to the notification requirements promptly and accurately, ensuring ongoing compliance with Irish employment and immigration law.
References and Authority
This process is governed by section 8(8) of the Employment Permits Act 2006 (as amended) and the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003. Employers are advised to consult the official guidelines and ensure all documentation is complete and accurate before submission.