Employer Compliance
Getting the permit approved is the beginning, not the end, of your obligations. Non-compliance can mean the permit being revoked, the employee losing their right to work, and the company facing restrictions on future applications.
Keep the employment matching the permit
The role, salary and employer named on the permit must match reality. A change of title, a pay cut, or moving the employee to a different legal entity within your group can all breach the terms of the permit.
Pay at or above the permit salary
The salary stated on the application is a floor, not a target. Falling below it, including through unpaid overtime that effectively cuts the hourly rate, is a compliance breach.
Notify DETE of material changes
Redundancy, resignation, or a significant change in role or salary should be reported. Silence is treated worse than a reported change: it looks like concealment during a later review.
Keep records available for inspection
Contracts of employment, payslips, and time and attendance records need to be retrievable. The Workplace Relations Commission (WRC) can request them with limited notice.
Renew before expiry, not after
A permit holder working after their permit has lapsed, even briefly during a late renewal, has no legal right to work for that gap. File renewals with enough runway for DETE's current processing time.
What a WRC inspection checks
Workplace Relations Commission inspectors can visit with limited notice and typically review:
- The permit itself, matched against the employee's actual role and pay
- Employment contracts and their terms against what was declared on the application
- Payslips and payroll records confirming salary compliance over time
- Time and attendance records, especially where hours affect an effective hourly rate