What is the change?

Changes are being made to the current Atypical Working Scheme (AWS), taking effect from 01 January 2023. We have listed the key changes below:

• The salary threshold for an AWS application will be increased to align with the threshold for a General Employment Permit (currently €30,000) to minimise any distortion to the labour market.

• Intermittent travel in and out of country can be supported by an AWS permission to a maximum of 90 days over 6 months.

• There will be a one month cooling-off period at the end of the 6 month AWS period before an entry under a subsequent AWS permission can occur. A new application can be made during this period but cannot be granted until the month has elapsed.

All of the above changes apply only to those AWS categories which come under “General” applications. Applications will not be affected retrospectively.

Key points:

• Implementation time frame: Effective from 01 January 2023.
• Who is affected: All employers who plan to hire short-term workers using the AWS application process.

Next steps:

• All those who wish to apply for a new AWS permission from 2023 onwards should ensure that their salary always meets at least the minimum threshold for a General Employment Permit.
• Similarly, in order to apply for a new AWS permission after the expiry of an old one, applicants should ensure that they have passport stamps that show clear evidence of landing and remaining in another jurisdiction in the interim period between permissions.
• Those in frontline medical roles will be exempt from the changes, as will all those roles which do not fall under the “General” umbrella.

Analysis and Comments:

The AWS system is a useful permission allowing employees to avail of shorter working periods in the State. These changes encourage fair remuneration criteria.

If you have any questions on this topic, or require any assistance, please contact a member of our team.