Employers need to be up to date on developments around the right to work being allocated to those fleeing violence in Ukraine. Moira Grassick explains what you need to know.

The war in Ukraine has had a devastating effect on many, and Ireland is attempting to help the people affected. 40,000 Ukrainian refugees are expected to be in the state by the end of April, and those people need the support of Ireland’s business community. This includes finding meaningful employment while here in Ireland.

The EU has created a specific Directive – the Temporary Protection Directive – to coordinate member states granting Ukrainian citizens a residence and work permit, known as a Temporary Protection Permit. This temporary protection will be valid for one year and can be extended for up to three additional years. The Directive may directly impact employers as it will afford the right to work in Ireland to those coming from Ukraine.

Currently, the Temporary Protection Directive has been given immediate effect. However, the situation is fluid regarding access to employment and the implementation of the Directive within each member state’s structures and systems.

Temporary measures

Temporary measures are in place to protect those fleeing the war, which is different from the usual immigration regulations. The Irish Government has stated that once someone has received their letter granting Temporary Protection under the EU Directive, they are entitled to seek employment, self-employment, or vocational training education here in Ireland. The European Council implemented Decision 2022/382 on 4 March 2022, giving effect to the Council Directive 2001/55/EC.

The right to work is provided for under Article 12 of the 2001 Directive, which states:

“The Member States shall authorise, for a period not exceeding that of temporary protection, persons enjoying temporary protection to engage in employed or self-employed activities, subject to rules applicable to the profession, as well as in activities such as educational opportunities for adults, vocational training and practical workplace experience. For reasons of labour market policies, Member States may prioritise EU citizens and citizens of States bound by the Agreement on the European Economic Area and legally resident third-country nationals who receive unemployment benefit. The general law in force in the Member States applicable to remuneration, access to social security systems relating to employed or self-employed activities and other conditions of employment shall apply.”

This is a developing situation, and to ensure Irish society can help Ukrainians coming to the state, all employers must keep themselves updated on developments from the Department of Justice and related government departments dealing with immigration.

Moira Grassick is the COO at Peninsula Business Services.