(1) This section applies to a foreign national who, in contravention of section 7(1) -

(a) entered the service of an employer in the State, or

(b) was in employment in the State,

without an employment permit and who is no longer in such service or employment.

(2) Where an employer referred to in section 7(1)(a) or, in the case of employment referred to in section 7(1)(b), a person referred to in section 7(2)(a) or (c) -

(a) has not paid a foreign national to whom this section applies an amount of money in respect of work done or services rendered during the period for which the foreign national was in the employment without an employment permit, or

(b) has paid an amount of money that was, having regard to the work done or services rendered during such period, an insufficient amount of money,