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Access to employment

Background information

The 1951 Refugee Convention and its 1967 Protocol state that refugees will benefit from the most favourable treatment accorded to nationals of a foreign country in the same circumstances concerning the right to engage in wage-earning employment (Article 17). Additionally, refugees must be accorded treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances concerning the right to engage in self-employment (Article 18). Refugees lawfully staying in the territory of a contracting state must be accorded treatment as favourable as possible concerning the right to practice their profession (Article 19).

In accordance with the qualification directive (2011/95/EU), (QD), Member States may condition the granting of some benefits including access to employment, to the prior issuance of a residence permit. Additionally, to effectively implement the rights and benefits of beneficiaries of international protection as outlined in the directive for, it is crucial to address their specific needs and unique integration challenges. This should generally not lead to more favourable treatment than that of nationals, though Member States may adopt or maintain higher standards if they choose so. Special efforts should be made to overcome obstacles that prevent beneficiaries from accessing employment-related education and vocational training, particularly those related to financial constraints (recitals 40-42 QD). 

Member States must authorise beneficiaries of international protection to engage in employed or self-employed activities immediately after protection is granted, subject to the same rules applicable to the profession. The same laws regarding remuneration, access to social security systems, and other employment conditions that apply to nationals must also apply to beneficiaries. Member States must ensure that beneficiaries have access to employment-related education opportunities for adults, vocational training (including skill enhancement courses), practical workplace experience, and counselling services under the same conditions as nationals. Additionally, Member States should facilitate full access to these activities for beneficiaries of international protection (Article 26 QD). 

Beneficiaries with special needs should receive adequate support in order to access employment opportunities. Such support should start from the phase of stay in reception. This is also indicated in the EUAA Guidance on Vulnerability in Asylum and Reception – Operational standards and indicators, 2024, which highlights the importance of having available and accessible services that increase the ability to be employed for applicants with special needs (Standard 29.1), as well as special adaptations or initiatives to support them in accessing the labour market (Standard 29.2).

Information provision messages 

Inform beneficiaries of international protection on the below.

  • Their right to employment. Highlight if they are entitled to employment under the same conditions as citizens and long-term residents of the country or if they require additional documents, such as work authorisations etc. 
  • The legal framework for employment: 
    • eligibility criteria (e.g. minimum age, waiting period after receiving international protection, study/qualification diplomas etc.); 
    • requirements for certain jobs (e.g. documents such as study or qualification diplomas, probationary periods);
    • payment: salary (e.g. minimum, average salary, bank accounts);
    • contract types (e.g. work contracts, service contracts);
    • labour rights, including taxation and social security (e.g. salary, time off, annual leave, sick leave, unemployment, safe working conditions.); 
    • labour sectors restrictions (e.g. sectors which are only reserved for citizens and/or residents). 
  • The available employment opportunities and where to find them. 
  • Available childcare opportunities that would enable parents to be employed. 
  • Available and accessible employment opportunities for beneficiaries with special needs and those in vulnerable situations. For example, inform those with mobility impairments about teleworking opportunities, and inform single-parent families about childcare support services, including afterschool programmes. 
  • Any government or NGO-run programmes specifically designed to integrate beneficiaries of international protection into the labour market. Additionally, provide information on the dedicated services for the integration of beneficiaries with special needs or those in vulnerable situations on the labour market. 
  • The existing support services for accessing the labour market (e.g. counselling, vocational training, job searching, specialised language courses, support with drafting a resume and interview preparation, job fairs) as well as the contact details of the service providers. 
  • The general eligibility criteria for employment, such as having a study diploma and/or a qualification diploma that are equated and recognised by the country which granted them the international protection. Additionally, provide information on the existing support services for the recognition and equivalation of diplomas/qualifications, including contact details (see the related section for more details). 
  • The social security benefits available to employed beneficiaries, such as health insurance, unemployment benefits and pension schemes. Include information on how to register for these benefits.
  • The labour rights and obligations, how to protect themselves against exploitation (identification and reporting), and basic workplace safety regulations. Depending on the context, this could be provided in cooperation with the employment office/agency, by employer or only by the employer. Additionally, provide information on where beneficiaries can seek legal advice and support regarding employment issues, including free legal aid services.
  • The rights and responsibilities of beneficiaries in the workplace, including punctuality, adherence to job duties, and respect for workplace rules and regulations.
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Practical tips

  • Deliver integrated information sessions or resources, by combining employment information with other relevant rights and support services, such as housing, healthcare and legal aid, to provide comprehensive assistance. 
  • Consider inviting local employers to present their offers to beneficiaries and answer their questions. 
  • Explicitly refer to employment opportunities for female applicants.