In the general migration context, conditions and requirements governing admittance to the labour market for migrants and refugees legally residing in a host country.
In the EU migration context, authorization of third-country nationals (legally resident migrants, beneficiaries and applicants for international protection) to engage in employed or self-employed activities in EU Member States subject to the rules generally applicable to the profession and public service, as well as employment and working conditions.
Art. 17 and 18 of the Geneva Convention and its Protocolaccord refugees lawfully staying in a host country the right to work and to engage in wage earning employment or self-employment. However, the Convention does not explicitly grant the right to work to asylum-seekers. It also does not prohibit the use of employment restrictions (to specific sectors, or regarding the duration of the work, or the priority for specific categories of persons).
In EU Member States the right to enter the labour market depends on the migrant's legal status.
Art. 11 (1a) of Council Directive 2003/109/EC (Long Term Residents Directive) ensures that long-term resident third-country nationals enjoy equal treatment with nationals as regards access to employment and self-employed activity. Pursuant to Art. 11(3a) EU Member States may retain restrictions to access to employment or self-employed activities in cases where, in accordance with existing national or Community legislation, these activities are reserved to nationals, EU or EEA citizens.
Art. 26 of Directive 2011/95/EU (Recast Qualification Directive) ensures that beneficiaries of international protection have access to the labour market under equivalent conditions as nationals, immediately after protection has been granted as well as access to employment-related education opportunities for adults, vocational training, including training courses for upgrading skills, practical workplace experience and counselling services afforded by employment offices.
Art. 15 of Directive 2013/33/EU (Recast Reception Conditions Directive) provides that applicants for international protection have access to the labour market no later than 9 months from the date when the application for international protection was lodged, if a first instance decision by the competent authority has not been taken and the delay cannot be attributed to the applicant. EU Member States can decide the conditions for granting access to the labour market in accordance with their national law. For reasons of labour market policies, they may give priority to Union citizens, EEA nationals and to legally resident third-country nationals.
