Can a Luxembourg Company Currently Hire a Ukrainian National Fleeing the War?
On 7 March 2022, the Council of the European Union urgently adopted and published a decision introducing temporary protection status within the European Union for persons permanently residing in Ukraine who were forced to flee following the military invasion by Russian armed forces on 24 February 2022.
This exceptional measure primarily targets Ukrainian nationals and their family members, but also nationals of other third countries who were legally residing in Ukraine and are unable to return to their country of origin under safe and durable conditions.
Persons benefiting from this specific status in the Grand Duchy of Luxembourg have unrestricted access to the labour market. They are exempt from the requirement to obtain a work permit or a residence permit for employed workers.
Luxembourg companies may therefore hire Ukrainian nationals who have been forced to flee the war, provided that they have been granted temporary protection status.
Under What Conditions? What Procedures Must Be Followed?
For Employees
Persons eligible for temporary protection status are invited to follow the simplified procedure established by Luxembourg. This involves registering with the Ministry of Foreign and European Affairs using the dedicated application form.
Registration as a jobseeker with the National Employment Agency (ADEM) is possible but not mandatory, as Ukrainian nationals benefiting from temporary protection may apply for any publicly advertised job vacancy.
It should be noted that ADEM is expected to establish a dedicated unit for beneficiaries of this status in the near future.
For Employers
A Luxembourg company wishing to hire a non-EU national must still declare the vacant position to ADEM. To ensure that the vacancy is accessible to foreign nationals, it must be registered as a “public” job offer.
ADEM may then propose candidates registered as jobseekers, but any other person, including beneficiaries of temporary protection who are not registered with ADEM, may also apply.
At the end of this process, the prospective employer receives a certificate authorising it to recruit a non-EU national.
What Particular Points Should Employers Pay Attention To?
Despite the introduction of a simplified procedure, prospective employers in Luxembourg are advised to ensure that the employee:
- Holds a valid temporary protection certificate at the time of recruitment;
- Renews this certificate in due time.
Employers are reminded that hiring workers who do not have legal immigration status may expose them to criminal and administrative penalties. Likewise, employees without legal status may be deprived of certain social rights, such as entitlement to unemployment benefits.