Declaration of a vacant position

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Summary:

Employers who wish to hire staff must declare the open position to ADEM.

If you wish to hire staff, you must submit a declaration of vacant position to ADEM.

The declaration of a vacant position to ADEM is quick and guarantees you effective assistance in your search for new employees. You benefit from the support of a team of employer counsellors who are specialised in different sectors of activity (industry, construction, finance, crafts, cleaning, retail, HORECA, IT, temporary work, health, etc.) to facilitate your recruitment procedure.

Who is concerned?

If you are an employer (natural or legal person), you must declare the vacant position if you want to hire a:

  • salaried worker (employee);
  • self-employed worker;
  • third-country worker;
  • disabled worker or a worker under a redeployment scheme.

How to proceed

Declaration of vacant position

If you wish to hire staff, you must submit a declaration of vacant position to ADEM. The declaration must be submitted at least 3 working days prior to any advertisement in the press or any other communication media.

Following your declaration, ADEM will send you an acknowledgement of receipt by email, which contains the name of the employer counsellor who will be your contact for any recruitment-related questions.

Your job offer will remain active for 2 months. After that, it will be closed automatically.

If you have not found the right candidate within this time frame and would like to extend the duration of your offer, simply contact ADEM's Employer Services.

By completing ADEM's declaration of vacant position, you also have the option of having your vacancy advertised on the EURES European job mobility portal, which can broaden your search for candidates.

Hiring a worker from a non-EU country

If you are an employer and wish to hire an employee from a third country, you must:

  • declare the vacant position to ADEM; and
  • apply for a certificate granting the right to hire a third-country national for this position.

You can request this certificate:

  • 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).

In order to do so, you can contact ADEM's Employer Services - Third-Country Nationals unit by email: info@adem.etat.lu.

No certificates are issued for closed offers.

Obtaining the certificate

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, you will receive the certificate 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 you 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 position you advertised can be offered, it will issue the certificate within 5 working days.

If ADEM concludes that one (or more) jobseekers may be suitable for you, it has a further 15 working days to propose jobseekers who match the profile you are looking for.

After the last placement proposal, ADEM will notify you that you have one month to provide feedback on the proposed jobseekers.

  1. If you meet this obligation and provide a valid explanation for rejecting the proposed jobseeker, and ADEM finds, after this new deadline, that it cannot offer you a jobseeker who meets the profile required for the declared position, it will issue the certificate within 10 working days.
  2. If you do 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

If you are a private sector employer with at least 25 employees, you are required to employ at least one worker with the disabled worker status 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.

If you employ more disabled workers than the mandatory employment rate, you are exempted from paying the employer's share of social security contributions 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:

The JobBoard is an interactive online platform that puts you in touch with jobseekers in Luxembourg. It is open to anyone looking for a job (whether registered with ADEM or not).

If you declare a vacant position to ADEM on the JobBoard, you can:

  • either choose a restricted view of your job offer (reserved for jobseekers registered with ADEM and who have been preselected by a job guidance counsellor); or
  • choose a public view allowing more people to see your offer (all jobseekers, whether registered with ADEM or not).

Once ADEM has identified a candidate with the profile you are looking for, they will:

  • send an assignment card to the jobseeker, inviting him or her to report to you in the manner you have specified; and
  • submit a candidate proposal to you.

Whatever your decision (to recruit or not), you must return the completed candidate proposal to ADEM, explaining the reasons for your decision.

Online services and forms

Who to contact

Employer Services

Related procedures and links

Procedures

Links

Further information

Legal references

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