(1) Subject to subsections (2) and (3), an employment permit shall not be granted unless the Minister is satisfied that, on the date the application for the employment permit was made, 50 per cent or more of the employees of -

(a) the person who has made the offer of employment,

(b) in the case of an application for a contract for service employment permit, the contractor, subcontractor or the relevant person concerned, or

(c) in the case of an application for an intra-company transfer employment permit, the connected person concerned,

are either -

(i) nationals of one or more Member States of the EEA,

(ii) nationals of the Swiss Confederation,

(iii) citizens of the United Kingdom of Great Britain and Northern Ireland, or

(iv) a combination of any of the nationals or citizens referred to in paragraphs (i), (ii) and (iii).