Background:

The labour market test (LMT) aims to ensure that migrant workers are only admitted after employers have unsuccessfully searched for national workers, EU citizens or legally residing third-country nationals with access to the labour market. It is applied in most EMN Member Countries. However, they apply different methodologies in undertaking LMTs.

The insights gathered from this query will contribute to a better understanding of the various approaches to labour market tests. They will assist the European Commission in developing policies that balance the protection of domestic labour markets with the need to attract necessary skills from outside the EU. Besides, the insight gathered will also provide useful information in the context of the initiatives and actions foreseen under the Skills and Talent Package, as well as the Skills and Talent Mobility Package, such as the implementation of the revised EU Blue Card, revised Single Permit and the future EU Talent Pool.

Respondents:

23 EMN Member Countries (including BE) provided a public answer to this ad hoc query.

Findings:

A preliminary analysis of the results of the ad hoc query shows that:

• 18 EMN Member Countries have labour market tests (LMT) in place; similar mechanisms are in place for nearly all those that do not apply LMT. Such mechanisms could be quotas according to the type of occupation and/or workers, a national entity tasked with granting work permits according to the type of occupation/work permit, or specific visas for jobseekers, remote workers, individuals with certain nationalities, etc.
   
• LMT procedures vary between EMN Member Countries and foresee different ways to trigger an LMT. In most cases, the LMT procedure requires the employer to register the job vacancy with the Public Employment Service (PES) for any time between two weeks and five months, depending on the country. Usually, the LMT involves posting the job vacancy with the PES and/or on the EURES (European Employment Services) platform, checking against registered jobseekers and referring qualified candidates to employers before a third-country national can be hired.
   
• 7 EMN Member Countries have procedures in place to check the availability of workers in other EU Member States. If checks are undertaken, EMN Member Countries usually check registered jobseekers at the national level and/or advertise the vacancy on the EURES platform.
   
• Nearly all responding EMN Member Countries reported having established specific categories of workers or occupations exempted from LMTs. These exemptions usually concern a sector of activity, a type of worker or a specific nationality. 

For further details, please read the compilation of answers attached above.