The Labour Market Needs Test
Most General Employment Permit roles must be advertised to Irish and EEA candidates first. Employers must meet the advertising requirements and retain supporting evidence.
We help employers prepare Labour Market Needs Test advertisements and retain the evidence needed for an employment permit application. Planning the campaign early helps avoid delays to recruitment.
When the test applies
The test is required for many General Employment Permit applications and Contract for Services Employment Permit applications, because the Department of Enterprise, Tourism and Employment must see that the vacancy was made available to Irish and EEA candidates first.
Exemptions apply in some cases. A Labour Market Needs Test is generally not required where the role is on the Critical Skills Occupations List, where the salary reaches the Department’s high remuneration exemption, where Enterprise Ireland or IDA Ireland has made the relevant recommendation, or where a redundancy waiver applies.
Check the permit type and occupation before advertising. Roles on the Ineligible List cannot become eligible through advertising, while Critical Skills roles may be exempt from the test.
Where the role must be advertised
The required advertising is online. The vacancy must be placed with Department of Social Protection Employment Services and the EURES employment network, normally through JobsIreland, for at least 28 continuous days.
The same vacancy must also be placed on an additional online platform for at least 28 continuous days. The Department describes this platform broadly as a website, software or electronic technology whose main purpose is publishing offers of employment.
The requirement to place notices in print media was removed under the Employment Permits Act 2024. Recruitment templates and checklists should be updated if they still refer to newspaper advertising.
Both advertisements should carry the same core details: the job description, employer name, minimum annual remuneration, work location and hours of work. Confirm these before publication, as later changes can affect the validity of the evidence.
Timing the application
The Department says the JobsIreland and EURES advertisement must have run for at least 28 consecutive days before a valid permit application can be submitted. The additional online platform also needs at least 28 continuous days.
The application must then be made within 90 days from the day the notice was first published. A longer 120 day window applies to third level institutions, including universities and colleges recruiting for roles that require the test.
Work backwards from the proposed start date when planning the campaign. The Department says an employment permit application should be received at least 12 weeks before that date, with the advertising completed before submission.
Evidence the Department expects
The Department needs to see that the vacancy was advertised in the required places, for the required period, with the required details. Employers should keep the JobsIreland reference number, copies or screenshots of the live advertisements, publication dates, closing dates and the final wording used.
Keep the full advertisement with its publication dates. A spreadsheet entry alone may be insufficient if the platform removes the listing or the staff member who placed it leaves the organisation.
For the additional online platform, keep a copy of the page as the applicant would have seen it. If a recruiter posts the role on the employer’s behalf, ask for the complete record before the permit application is prepared, because chasing it later can hold up submission.
Common advertising problems
Changing the salary or hours during the 28 day period can leave the advertisement inconsistent with the contract. The permit form, contract and advertisements should describe the same job offer.
Check the full publication period before removing an advertisement. Publishing late on the first day or removing it early on the last may leave the required period incomplete.
Prepare the permit application in time to meet the deadline after advertising. If that window has passed, the advertising will usually need to run again before a valid application can be made.
The advertising evidence is required even where the employer has already identified a suitable candidate.
Common questions
Do we still have to advertise in a national newspaper?
The Department's current Labour Market Needs Test page says the print media requirement has been removed. The vacancy must now be advertised with Department of Social Protection Employment Services and EURES, and on an additional online platform.
Can we submit the permit application while the advertisements are still running?
A permit application that needs the test can only be submitted after the required advertising period has been completed. The Department also says the application must be made within the permitted window from the first day the notice was published.
Sources
- Labour Market Needs Test - DETE — Department of Enterprise, Tourism and Employment
- General Employment Permit - DETE — Department of Enterprise, Tourism and Employment