From 1 January 2020, any employment permit application where a Labour Market Needs Test is required must have published a EURES ad for at least 28 consecutive days before a valid application can be submitted.
The Employment Permits Act 2024
The Employment Permits Act 2024 consolidates the current legislative framework concerning employment permits and introduces a number of key changes to the Labour Market Needs Test process.
The criteria contained in primary legislation requiring employers to place the adverts for vacancies in print media has been removed. The Employment Permits Act 2024 now provides for the publication of these adverts to be placed ‘on one or more online platforms’. These online platforms can be an electronic system for the online publication of information that are easily accessible by Irish/EEA citizens including websites. Online platforms can include newspapers websites or dedicated employment websites.
Labour Market Needs Test (LMNT)
The government’s policy is that employment opportunities which arise in Ireland should, in the first instance, be offered to suitably skilled Irish and other EEA nationals, and should only be offered to non-EEA nationals where no suitable candidate emerges from within the EEA to fill the vacancy. This policy also fulfils our obligations under the Community Preference principles of membership of the EU.
In order to ensure that job opportunities are made available to Irish and EEA nationals, employers must satisfy a Labour Market Needs Test before a General Employment Permit or Contract for Services Employment Permit can be issued to a non-EEA national.
What does the Labour Market Needs Test require
In advance of submitting an application for an employment permit, the employer must place a notice of the vacancy in the following manner:
- A notice must be placed with the Department of Social Protection Employment Services/EURES employment network for a minimum of 28 days (continuously); and
- The notice must be placed on an additional online platform, also for a minimum of 28 continuous days. The online platform can be:
- Any website, software or electronic technology that provides online publication of information, with the principal purpose being to publish offers of employment.
- Both notices placed with the Department of Social Protection Employment Services/EURES employment network and on the additional second online platform must contain the following information:
- a description of the employment
- the name of the employer
- the minimum annual remuneration
- the location/s of employment
- the hours of work
- Applications for employment permits subject to the LMNT must be made within 90 days (or 120 days if the employer is a third level institution), from the day in which the notice was first published.
How to arrange an advertisement with the Department of Social Protection Services and with EURES
The Department of Social Protection Employment Services network ensures national coverage while the EURES (European Employment Services) network advertises the vacancy across the EU.
To arrange the advertisement with the Department of Social Protection and EURES, employers/contractors can log onto the Department of Social Protection Employment Services JobsIreland at jobsireland.ie or gov.ie/dsp and select the employer option for the online service.
Alternatively, employers/contractors can contact JobsIreland on Tel 08118 111 112 or 01 248 1389 to register their vacancy by phone, or email jobsireland@welfare.ie.
The vacancy the employer/contractor has registered will be given a reference number.
An application for an employment permit can only be submitted when the Labour Market Needs Test has been completed and the application must be submitted within 90 days of the commencement of the advertisement on JobsIreland/EURES.
Importantly, employers should note that vacancies should not be amended or extended, at any time, during the 28 days of advertising on the JobsIreland site, this is also the requirement for the vacancy listed on the online platform.
Advertisements on additional online platforms
Employers may choose any of the number of online recruitment platforms which advertise offers of employment in Ireland or across the EU.
Employment Permits Section