Employers who intend to hire staff must submit a declaration of vacant position to the National Employment Agency (ADEM).
The declaration of a job vacancy is quick and easy and comes with a service and support to help find staff. A team of consultants for employers divided into sectors of activity (industry, construction, finance, crafts, cleaning, commerce, HORECA, IT, temporary work, health, etc.) will help employers in their search for new staff.
Who is concerned?
A declaration of vacant position must be submitted to ADEM by any employer (natural or legal person) who intends to hire a new worker:
- a salaried worker;
- a self-employed worker;
- a third-country worker;
- a disabled worker or a worker under a redeployment scheme.
How to proceed
Declaration of vacant position
Employers who intend to hire staff must submit a declaration of vacant position to ADEM (see 'Forms / Online services'). The declaration must be submitted at least 3 working days prior to any advertisement in the press or any other communication media.
Upon receipt of the declaration, ADEM returns an acknowledgement of receipt by email to the employer together with the name of the consultant in charge of all questions regarding the recruitment.
The job offer is valid for 2 months. After that, the job offer is automatically closed. Employers who have not found the ideal candidate by then and therefore want to extend the offer, only need to contact ADEM's Employer services.
By completing ADEM's declaration of vacant position, companies wishing to widen their search for candidates can choose to have their job offer distributed through EURES, the European Job Mobility Portal.
Hiring a worker from a non-EU country
Employers who wish to hire a third-country national must:
- declare their vacant position to ADEM; and
- apply for a certificate granting the right to hire a third-country national for this position.
This certificate can be requested:
- immediately when declaring the vacant position; or
- later, at any time during entire period of validity of the job offer (2 months, unless terminated early or an extension is requested).
No certificates are issued for closed offers.
There are 2 ways to obtain a certificate.
Case 1: Application for a certificate for a profession declared to be in acute shortage
If the job advertised corresponds to one of the professions on the list of occupations in acute shortage, published annually by ADEM, the certificate will be issued to the employer within 5 working days of acknowledgement of receipt of the certificate application.
Case 2: Application for a certificate for a profession not declared to be in acute shortage
If the job advertised does not appear on the list of occupations in acute shortage, ADEM has 7 working days from the date of acknowledgement of receipt of the certificate application to check the availability of registered jobseekers for the declared position.
If at the end of this period ADEM finds that no jobseeker with the required profile for the advertised position can be offered to the employer, it will issue the certificate within 5 working days.
If ADEM finds that one (or more) jobseekers can be proposed to the employer, it has a further 15 working days to propose jobseekers matching the profile sought.
After the last placement proposal, ADEM will notify the employer that they have one month to provide feedback on the proposed jobseekers.
- If the employer meets this obligation and provides a valid explanation for rejecting the proposed jobseeker and ADEM finds, after this new deadline, that it cannot offer the employer a jobseeker who meets the profile required for the declared position, it will issue the certificate within 10 working days.
- If the employer does not meet this obligation, or if ADEM finds that it has proposed a jobseeker with an appropriate profile for the declared position, it will reject the application for a certificate within 10 working days.
The certificate is valid for 3 months and cannot be extended.
Hiring a disabled worker or a worker under a redeployment scheme
Any private-sector employer with at least 25 salaried workers is required to hire at least one disabled worker on a full-time basis. This quota is raised to 2 % of the total number of workers for businesses with at least 50 salaried workers and to 4 % of the total number of workers for businesses with at least 300 salaried workers.
Employers who hire a number of disabled workers which is above the compulsory employment quota are exempt from paying the employer's contribution of the social security charges for these workers.
Under certain conditions, employers who hire a disabled worker may be entitled to a salary participation or to a subsidy for adaptation of the workplace.
Candidates selected by ADEM
Offers, with the exception of ADEM's job measures such as the employment initiation contract or the job re-integration contract are published anonymously on:
- ADEM's terminals; and
- the JobBoard platform of the Employment portal.
The JobBoard is an online interactive platform which allows to put jobseekers and employers in Luxembourg in touch with each other. It is open to anyone looking for a job (registered or not with ADEM).
Businesses declaring a job offer with ADEM's JobBoard now have the possibility to:
- choose a restricted view of their job offer (reserved for jobseekers registered with ADEM and who have been preselected by a job guidance counselor); or
- choose a public view allowing more people to see their offer (all jobseekers, whether registered with ADEM or not).
Once ADEM has identified a candidate with the profile the employer is looking for, they will send:
- an assignment card to the jobseeker, inviting him/her to present him-/herself to the employer in accordance with the latter's requirements;
- a candidate proposal to the employer.
Whatever the employer's decision (recruitment or not), the employer must return the job offer form to ADEM, duly completed and explaining the reasons for the decision taken.
Online services and forms
Declaration of vacant position
Note: view tips for using PDF forms.
Declaration of a vacant position for the private sector
Déclaration de poste d'apprentissage
Who to contact
Related procedures and links
- Code du travail, Livre V, Titre VI, Chapitre II
Loi modifiée du 12 février 1999
portant diverses mesures en faveur de l'emploi des jeunes
Loi du 18 janvier 2012
1. portant création de l'Agence pour le développement de l'emploi; 2. modifiant - le Code du travail; - la loi modifiée du 22 juin 1963 fixant le régime des traitements des fonctionnaires de l'Etat; - la loi modifiée du 30 juin 1976 portant 1. création d'un fonds pour l'emploi; 2. réglementation de l'octroi des indemnités de chômage complet; - la loi modifiée du 29 août 2008 sur la libre circulation des personnes et l'immigration; 3. abrogeant la loi modifiée du 21 février 1976 concernant l'organisation et le fonctionnement de l'Administration de l'emploi et portant création d'une Commission nationale de l'emploi
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