- Treaty of Rome 1957;
- European Communities (Aliens) Regulations 1977;
- European Communities and Swiss Confederation Act 2001;
- Freedom of Information Acts 1997 and 2003;
- Data Protection Acts 1988 to 2018;
- Employment Equality Acts 1998 to 2015;
- Employment Permits Acts 2003 to 2014.
Employment equality legislation prevents discrimination on the nine grounds protected in the Acts (gender, civil status, family status, sexual orientation, religion, age, disability, race, and membership of the traveller community). This provides protection against discrimination, either direct or indirect, in the recruitment and selection process, including:
- methods of advertising;
- criteria for selection;
- method of recruitment;
- application forms; and
- questions asked.
The principle of free movement of labour between Member States of the EU is laid down in Articles 48 and 49 of the Treaty of Rome. In Ireland, the 28 EU member States and European Economic Area (Norway, Liechtenstein and Iceland) nationals are entitled to equal treatment regarding access to the labour market. Under the European Communities and Swiss Confederation Act 2001, Swiss citizens are exempt from the employment permit procedure when seeking job opportunities in Ireland.
In order to work in Ireland, a non-EEA national is required to have either:
- an employment permit under the Employment Permits Acts 2003 to 2014 that has been granted by the Minister of Business, Enterprise and Innovation; or
- the relevant visa permission issued by the Department of Justice and Equality that allows the person to legally remain and work in the State.
This section addresses the requirements on employers under the Employment Equality Acts, the Employment Permits Acts, and the permission individuals may be granted by the Department of Justice and Equality to remain and work in Ireland. This section also provides details on the need for certain non-EEA nationals to obtain an entry visa prior to travelling into Ireland. It also covers the requirement for all non-EEA nationals who intend to stay more than 90 days in Ireland, to register with their local immigration office to ensure that they have valid immigration permission to remain in the State.