Member States must give applicants access to the labour market no later than six months after they register their application for international protection, as long as no decision has been made yet and the delay is not caused by the applicant (Article 17(1) RCD (2024)).
Access to the labour market should not be granted or, if already granted, should be withdrawn, where an accelerated procedure applies. The purpose of the accelerated procedure is to swiftly examine applications that are likely to be unfounded or where there are serious national security or public order concerns. Therefore, considering this context, it is important to limit access to the labour market for these applicants. This approach also aims to discourage potential secondary movements. Where an applicant is present in a Member State other than the one in which they are required to be present, they are not entitled to material reception conditions, access to the labour market, language courses or vocational training from the moment they have been notified of a transfer decision to the Member State responsible (recital 9 RCD (2024)).
The purpose of the asylum border procedure is to quickly assess at the external borders whether applications are unfounded or inadmissible and to swiftly return those who have no right to stay, while ensuring that applicants with well-founded claims are channelled into the regular procedure and granted access to international protection. Since access to employment is only possible once entry into the territory has been authorised, applicants channelled to the asylum procedure cannot access the labour market.
Applicants who have access to the labour market must receive equal treatment as nationals in specific areas, such as the following (Article 17(3) RCD (2024).
- Terms of employment, including working conditions, pay, working hours, and work-place safety.
- Freedom of association and membership in worker or employer organisations, with consideration for national public policy.
- Education, vocational training and employment guidance services.
- Recognition of diplomas and qualifications.
- Access to schemes for assessing and recognising prior learning and experience.
However, Member States may apply possible restrictions on equal treatment (Article 17(4) RCD (2024)). Examples include:
- Exclusion from taking part in the management of bodies governed by public law and from holding an office governed by public law.
- Exclusion from education-related grants, loans and non-contractual vocational training (in relation to point (c) above).
- Temporary delay of access to equal treatment for recognition of diplomas (in relation to point (d) above) and access to the schemes (under point (e) above) for at least three months after registration of the application for international protection.
Member States must facilitate access to recognition procedures for applicants who cannot provide documentary evidence of their qualifications (Article 17(8) RCD (2024)). Access to the labour market should entitle the applicant to seek employment. Member States may also allow applicants to be self-employed (recital 51 RCD (2024)).
The EUAA Operational Standards and Indicators on Reception including Vulnerability-related Aspects, 2026, cover aspects such as the ones below.
- Effective access to the labour market, which implies informing applicants about clear rules on how to access the labour market and their employment rights (Standard 126, Indicator 2, p. 166),
- Provision of administrative support to facilitate applicants’ access to employment in accordance with the RCD (2024). This support may include assistance with job search, CV writing and interview preparation. (Standard 109, Indicator 3, p. 145).
- Equal treatment with nationals once access to the labour market to applicants has been granted (Standard 127, p. 166).
- Special adaptations or initiatives to ensure employability services for applicants with special needs (Standard 128, Indicator 2, p. 167).
Information provision messages
Inform applicants about the following.
The legal framework for employment, such as:
- eligibility criteria, including information, such as:
- minimum age for employment
- right to work, including waiting period after registration of their application for international protection and its duration
- the reasons the access to the labour market is not granted (when relevant) or, if it is already granted, is withdrawn (such as accelerated procedure) labour-market restrictions, including professions reserved only for nationals
- requirement for a work permit, including the procedures and conditions for obtaining it, if applicable as per national legislation
- the right to social security benefits for employed applicants including any limitations applied per national law
- the need for a recognised and equated study diploma, depending on job
- how to access schemes that assess and recognise prior learning and experience
- how to access procedures for recognition of formal qualifications
- requirements (e.g. documents, probationary periods)
- payment: salary (e.g. minimum and average salary, opening of bank accounts)
- contract types (e.g. work contracts, service contracts)
- labour rights, including taxation (e.g. salary, time off, annual leave, sick leave, maternity leave, working hours, unemployment, safe working conditions)
- the right to join employer or professional organisations and access their benefits, according to the national practice
- the possibility to leave the residence territory to perform specific work tasks in another Member State when this is required by the applicant’s employment contract.
The existing job opportunities:
- in the reception facility (remunerated and/or voluntary)
- outside the reception facility, including tailored employment pathways and sector-specific trends
- available resources for finding jobs, such as online job portals, employment agencies, job fairs and community job boards
- organisations providing support with job searching or entrepreneurship
- the procedure to be recognised as self-employed, according to the national practice
- potential risks of trafficking in human beings or exploitation when being offered a job, particularly when job opportunities are accessed through online forums, or social media.
How to access employment support services which focus on:
- how to create and format an effective CV, including tips on highlighting relevant skills, experiences and qualifications
- how to prepare for a job interview
- how to open a bank account
- recognition and equivalence of education and qualification diplomas and guidance on addressing practical difficulties related to authentication
- any other services that increase the ability to be employed (e.g. specialised language courses)
- entrepreneurship
- whether they will be required to contribute to the cost of their material reception conditions once employed, including accommodation and food
- the available and accessible employment opportunities for vulnerable applicants (e.g. work from home opportunities for applicants with mobility impairments: childcare support services, including afterschool programmes for single-parent families).
Practical tips
- Make sure that male and female applicants receive information on employment and are equally encouraged to work.
- Collaborate and coordinate with relevant stakeholders, including governmental agencies, non-governmental organisations, community and employment centres, to develop information provision materials and deliver information sessions to applicants on employment-related aspects.
- This includes assisting service providers in creating dedicated and easy-to-understand information materials for applicants and supporting the distribution of these materials both within and outside reception facilities.
- Familiarise applicants with the transport arrangements to local job fairs, organise small-scale job events inside the reception centre, and actively inform local employers about the applicants’ skills and employment needs.
- Develop and share guidelines that use images and infographics to help applicants who are illiterate or have limited skills navigate job-seeker websites independently.
- Use the following communication methods: individual counselling sessions, support groups and interactive platforms such as online forums and chats, in addition to information sessions.
- Use the following communication channels for providing employment-related messages to applicants:
- printed materials (e.g. brochures, flyers, and posters) with relevant information on where to find job information and support stakeholders
- digital platforms (e.g. websites, dedicated webpages, mobile apps, social media)
- email and SMS (e.g. newsletters, alerts with local opportunities)
- hotlines and helplines (telephone support, WhatsApp groups), including for handling work conflicts, exploitation, abuse
- animations, videos, including testimonials, could be used to present applicants with basic information regarding employment and labour rights.
- Dedicated multilingual websites where applicants can find information on employment opportunities, rights, obligations and contact details for support service providers and local employers.
- Consider the diverse needs of your audience when deciding on communication methods and channels. Ensure all information materials are accessible to applicants with visual, hearing and cognitive impairments and illiterate individuals.
- Use simple terms to explain how remote work functions, what tasks it involves and how applicants can apply when providing applicants with physical disabilities with information about remote jobs. This helps them understand realistic options and make informed decisions.