The most legally defensible criteria are objective (such as length of service, demonstrated skills, education, quantity of production, written performance evaluations, discipline history), but subjective criteria (such as "enthusiasm," "versatility," "personality") also are permissible if they are actually required for the job and are not applied in a discriminatory manner. ☐ Arrange for advice. 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. RIFs typically are "involuntary" (i.e., the employer identifies the employees to be discharged) or "voluntary" (i.e., the employer offers a severance package to a specified group of employees who individually decide whether to take the package and leave the company). 211 ���� JFIF ` ` �� C ("Credibility" is useful in obtaining employee buy-in when the identities of the decision-makers become known.). If you find a job within 12 months, you can extend your Critical Skills Visa for up to 5 years. Unexpected RIFs often seem to generate the most lawsuits. ☐ Anticipate the need for a RIF. Though not a method of reducing payroll expenses, the recent U.S. Small Business Administration's Paycheck Protection Program (providing forgivable loans to certain employers who keep employees on the payroll) may allow a company to bridge the pandemic to happier times. The meetings should be short, simple, clear, informative, unemotional and final. The Critical Skills Employment Permit replaces the Green Card type employment permit. Verify if your occupation is listed on the critical skills list- Critical Skills Permit South Africa Duration and renewal of an employment permit. 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. ☐ Identify any immigration issues. Eligible employees must be given time to consider carefully their options (and seek advice of counsel) before being required to make a decision and should be given the RIF information (including a copy of the separation agreement they will be expected to sign) well in advance of the decision deadline. 3 0 obj Please note that email communications to the firm through this website do not create an attorney-client relationship between you and the firm. This checklist is designed to help organizations contemplating personnel "downsizing" identify the critical elements of a RIF. In addition to furloughs (discussed above), payroll expense reductions and personnel-work alignments often can be achieved by other means, such as a) waiting for normal workforce turnover/attrition, b) reducing hours being worked by hourly personnel or changing jobs from full-time to part-time, c) job sharing, d) pay freezes or pay cuts, e) implementing short-term (one or two-week) layoffs or plant shutdowns, f) allowing employees to volunteer for unpaid leaves of absence, and/or g) transferring existing personnel to different jobs, departments or facilities. Valid passport which expires no less than 30 days after the expiry of the intended date of departure from the Republic 2. There should be two management personnel in the exit meeting: a spokesperson and a "non-speaking" witness. Attorney Advertising. A duly completed application (BI-1738) signed by applicant. RIFs implicate human resources, benefits, tax/finance and legal issues. 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. <> The same legal requirements for employees' waivers of claims in involuntary RIFs (discussed above) apply to voluntary RIFs. 1 0 obj EEA and Swiss nationals do not need an employment permit. 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. This Holland & Knight alert includes a checklist that is designed to provide an overview of the RIF process and assist organizations contemplating personnel "downsizing" to identify the critical elements and legal principles of planning and implementing a RIF. Is the RIF going to be throughout the plant or the company, or limited to certain departments or production lines? When setting the RIF timetable, include time to think about the necessary transition of work/projects from employees included in the RIF to the retained personnel and consider whether to use phased departures (that is, one large group followed in weeks or months by another large group). endobj Employers can legally limit voluntary RIFs to employees who have reached a certain minimum age, to certain departments/work groups, to personnel with certain years of credited service and to certain time periods (e.g., departure during a specified but limited "window" period). Give management the contact information for security and law enforcement personnel. You must apply for an Employment Permit if you find work and want to continue working in Ireland. Be careful about entrusting sensitive, confidential information to anyone who might be released in the next RIF. If you have specific questions regarding a particular fact situation, we urge you to consult competent legal counsel. A list of employees showing their genders, age, minority/disability/whistleblower status, leave/workers compensation status and other characteristics protected by law will be necessary for the "disparate impact" analysis discussed below. This demographic data obviously is very sensitive so should have very limited circulation and should not be given to those persons selecting employees for separation before they make those decisions so that it cannot later be claimed that an employee's protected status was any factor in his or her selection for separation. Provide these materials to managers who will be conducting the exit meetings. There are various and often numerous documents created in a RIF, including working papers, statistical analyses and separation agreements with exhibits. A detailed organization/jobs chart, showing the existing (pre-RIF) reporting relationships and numbers of job incumbents, will be useful to compare against a similar "after the RIF" chart. Click "accept" below to confirm that you have read and understand this notice. IT professionals often have to provide tech solutions for people who aren’t as savvy. The occupation/critical skill must be on the Critical Skills list. It allows workers holding this visa to visit South Africa and search for a job. It cannot, by its nature, cover all of the nuances or explain in complete detail all aspects of the RIF process, or describe the variations among state laws, and of course a checklist is no substitute for situation-specific advice from a RIF-experienced employment lawyer. Think about the value of obtaining promises from departing employees of non-disparagement, confidentiality, and non-solicitation of customers or other employees. This document is intended solely to assist the applicant in applying for an employment permit and is not a substitute for the relevant legislation and regulations governing employment permits. Photographs should have a white background. for a critical skills visa Career Toolkit Foreign-national students at UCT can have particular challenges when securing work in SA. Formally assess — as part of the planning process — the potential for violence, sabotage and theft by employees to be included in the RIF. Furloughed employees do not perform work, are not paid and typically do not receive severance or pay-out of paid time off (PTO) at the commencement of the furlough (though some states do require that PTO be paid). ���4A�5�ݟ��K��ɫ���a�FR`�%Z�d�Jm`��D֐C8�5?\���\>��c�1��?h�Wu]�39�����19rp 2j��`a1�Pօ��hQk��uD�(��R������w�w,��(�^� �pk0����s�w�^��L�[�lw�At�ۘ���G���4H���m9�#�rD�="0������#Y����%.��එ���� <> Medical report (physical) Discharged workers seem more ready to accept their fates (and severance packages offered in exchange for waivers of claims) if they know in advance that the organization is in financial trouble. Instead, you have to apply for a letter of support from the Department of Business, Enterprise and Innovation. Ireland Critical Skills Employment Work Permit Visa. T he list of requirements for a critical-skills permit application can be found on the SA Department often leads to catastrophe avoidance. Individuals that are permitted for Ireland Work Permit need to fulfil criteria like: The applicant should have a contract to work. Given the complexity of the applicable laws, and the desire to have the agreements be binding and enforceable to bar future claims, the agreements should be prepared or reviewed by counsel before presentation to the departing employees. Unless an employer has competent professionals on staff, it should ensure, in advance, that there is ready access to such advisors familiar with RIF-related issues. The starting point when bringing in a foreign specialist into your business is the Critical Skills List, which notes the professions where Home Affairs issues Work Permits due to areas where there are shortages of skills. ). 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. This checklist is intended to be a concise, plain-English and practical summary of the most significant components of a RIF. <> The application processing times are on the Department’s website. The employees, the U.S. For example, if 85 of 100 employees on a production line are under age 40, it would be anticipated that only roughly 15 percent of that production line's employees being part of the RIF would be over 40 (that is, persons protected by the age discrimination law). The retained employees will be nervous about the future of the company and their jobs. The usual issues are much more complicated now — during the 2020 COVID-19 crisis — with the overlay of the rapidly enacted and untested pandemic laws and regulations. Determine whether any employees to be laid off hold visas or have applied for green cards. (However, be careful of "special deals": Enhanced severance benefits for a select few employees can generate discrimination lawsuits.) The General Employment Permit replaces the old Work Permit Employment Permit. $.' ☐ Prepare papers. The criteria for deciding who will be released in the RIF must be business-related and consistent with both the employer's contractual and collectively bargained obligations and announced policies. This document is intended solely to assist the applicant in applying for an employment permit and is not a substitute for the relevant legislation and regulations governing employment permits. <>/Metadata 587 0 R/ViewerPreferences 588 0 R>> Consistency in application of RIF criteria is critical in the employee selection process, although it is possible that certain criteria may not be applicable from department to department or from job to job. Applying for a Critical Skills Permit for South Africa. All affected foreign travellers must have boarded their flight to New Zealand by 23:59 on Thursday 19 March 2020. Critical Skills Employment Permit is issued for an initial period of two years, after which it can normally be renewed indefinitely. Reducing employees' pay or hours, or sending them home on unpaid furloughs for weeks (or months), often are effective short-term measures to preserve cash, capital and employment relationships but sometimes are simply insufficient to ensure the long-term survival of a business. ☐ Develop a preliminary list. 5 0 obj ☐ Consider alternatives. However, unlike with other types of Irish Employment Permits, once the Critical Skills Permit expires, you do not have to renew it. The Critical Skills Employment Permit is designed to attract highly skilled people into the labour market with the aim of encouraging them to … endobj 4 0 obj 6 0 obj What We Do Critical Skills Employment Permits. 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