S.L. 217.20 · Conditions Of Entry And Stay Of Third (S.L. 217.20)
S.L. 217.20 Art. 8Withdrawal of authorisation for the purpose of seasonal work. Cap. 386. Cap. 13. Cap. 420.
PART II
(1) The Executive Chairperson or the authorities responsible for the issue of work permits, as the case may be, shall withdraw the authorisation for the purpose of seasonal work where:
(a) the documents presented for the purpose of regulations 4 or 5 were fraudulently acquired, or falsified, or tampered with; or
(b) the holder is staying for purposes other than those for which he was authorised to stay.
(2) The Executive Chairperson or the authorities responsible for the issue of work permits, as the case may be, shall, if appropriate, withdraw the authorisation for the purpose of seasonal work where:
(a) the employer has been sanctioned for undeclared work and, or illegal employment;
(b) the employer’s business is being or has been wound up in accordance with the relevant provisions of the Companies Act and the Commercial Code or no economic activity is taking place;
(c) the employer has been sanctioned under regulation 16.
(3) The Executive Chairperson or the authorities responsible for the issue of work permits, as the case may be, may withdraw the authorisation for the purpose of seasonal work where:
(a) the provisions of regulations 4 or 5 are not or are no longer complied with; or
(b) the employer has failed to meet legal obligations regarding social security, taxation, labour rights, working conditions or terms of employment as provided for in applicable law and, or collective agreements; or
(c) the employer has not fulfilled its obligations under the contract of employment; or
(d) within twelve months immediately preceding the date AS SEASONAL WORKERS [
of the application, the employer has abolished a full-time position in order to create the vacancy that the employer is trying to fill by the use of these regulations.
(4) The Executive Chairperson or the authorities responsible for the issue of work permits, as the case may be, may withdraw the authorisation for the purpose of seasonal work if the third country national applies for international protection under the International Protection Act or for protection in accordance with national law, international obligations or national policies.
(5) Without prejudice to the provisions of sub-regulation (1), any decision to withdraw the authorisation shall take account of the specific circumstances of the case, including the interests of the seasonal worker, and shall respect the principle of proportionality.
(6) Grounds for annulment or revocation of a short-stay visa are regulated in the relevant provisions of the Visa Code.