☐ Conduct reality checks. You are the spouse/civil partner/de facto partner of a Critical Skills Employment Permit or of a Researcher on a Hosting Agreement. The exit meetings can be held on- or off-site; off-site meetings sometimes are more effective in limiting and controlling the reactions of volatile employees. A deed poll in the case of the applicant who has changed his or her name, surname or sex. 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). Voluntary RIFs (also called "buyouts," and which are sometimes in the form of early retirement incentive plans) often are less disruptive and emotionally painful, and may result in greater long-term cost savings (because employees nearing retirement frequently are among the most highly paid workers and more willing to accept an attractive severance opportunity). 3 0 obj Who will qualify for a critical skills work permit? You must apply for an Employment Permit if you find work and want to continue working in Ireland. It often is helpful to state the goals more specifically (such as "reduce payroll expenses in the finance department by 10 percent" or "convert the ketchup production line to hand sanitizer production") and to put the goals in writing so decision-makers will have an ongoing point of reference in carrying out their missions. The South Africa Critical Skills Work Visa is aimed at skilled professionals whose occupation is on the critical shortage occupation list. RIF decision-makers may be here today but included in a subsequent RIF tomorrow. 4 0 obj Depending on the terms of the employer's benefits plans, furloughed employees may remain eligible for benefits. 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. Unexpected RIFs often seem to generate the most lawsuits. It allows workers holding this visa to visit South Africa and search for a job. $.' Below is a checklist of the documentation required to apply for a Critical Skills employment permit. Be careful about entrusting sensitive, confidential information to anyone who might be released in the next RIF. After a brief discussion contrasting RIFs with furloughs (another common strategy to control costs in the short term), the checklist consists of four sections: A RIF results in the end of employment for affected employees while furloughs continue the relationship. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem. The discrimination and benefits/pension laws (discussed above) also affect voluntary RIFs. Below is a checklist of the documentation required to apply for a General employment permit. 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). Medical report for all applicants. Renewal applications should be submitted at least three months before the date of expiration. This is a permit issued to applicants in possession of exceptional skills or qualifications that are scarce in South Africa. CRITICAL SKILLS WORK VISA APPLICATION PLEASE NOTE THAT SUPPORTING DOCUMENTS MUST BE IN THE ORDER OUTLINED BELOW WHEN SUBMITTING THE APPLICATION AT THE COUNTER Attached Yes No 1. Since it is possible that support staff of decision-makers might otherwise be able to access emails and other confidential information pertaining to the RIF process, it is advisable to confirm in advance which decision-makers allow staff personnel access to their email). 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. Attorney Advertising. Using the selection criteria, the decision-makers should prepare a confidential preliminary list of jobs/employees to be eliminated in the RIF. 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. It is important to assess ERISA issues early in the planning process and consider such questions as: Are the terms of the proposed voluntary RIF program consistent with the terms of the employer's retirement plan and applicable benefits laws? ☐ Provide necessary notices. Employers can offer lower severance benefits to retiring older employees under very limited — and complicated — circumstances if otherwise consistent with any existing retirement plans. The COVID-19 pandemic has popularized states' "work share" programs by which approved employers may reduce employees' hours (often up to 40 percent) and retain them on the payroll while entitling them to a proportionate state unemployment benefit which, in turn, entitles them to the $600 weekly benefit provided by the federal CARES Act. 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). You can use the Critical Skills Employment Permit checklist to help you apply. Some states require employers to give departing employees their final paychecks on their last day of employment (including payments for accrued but unused vacation time), while other states require employers to provide information about unemployment compensation, job training opportunities, etc. Limit the dissemination of sensitive documents and data, and password-protect electronic RIF documents and communications among decision-makers and advisors. Thus, ensure that workers eligible for the voluntary RIF are given sufficient and accurate information about the benefits, deadlines and consequences of electing a severance package and separation from the company. ☐ Identify the goals. To apply under the Skilled Migrant Category you must be aged 55 or under, meet the skill level for your occupation, and meet … All affected foreign travellers must have boarded their flight to New Zealand by 23:59 on Thursday 19 March 2020. The employee should be told of the decision, the available severance benefits and any conditions to receipt of the benefits (such as signature and return of a separation agreement), the transition procedures (return of company property, requirements of any company-sponsored benefits plans such as group health coverage, stock options, bonuses), and any transition of duties and responsibilities. Employee Benefits and Executive Compensation, Civil Rights, Discrimination and Retaliation, OSHA, Workplace Safety and Whistleblower Claims. The management personnel transmitting the bad news to the departing employees are the company so it is essential that only calm and capable managers be selected for the task. Please note that email communications to the firm through this website do not create an attorney-client relationship between you and the firm. ☐ Consider alternatives. 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