The resident labour market test is there to protect the settled workforce therefore organisations must advertise the job they want to recruit for to give settled workers a chance to apply.
They can only recruit a migrant if:
- You, have completed a resident labour market test in accordance with government guidance and can show that no suitable settled worker is available to fill the job or
- the job is exempt from the resident labour market test
- all jobs must be advertised to settled workers for 28 calendar days.
- advertise the vacancy for a single continuous period, with a minimum closing date of 28 calendar days from the date the advertisement first appeared or
- advertise the vacancy in 2 stages, with each stage being advertised for no fewer than 7 calendar days but where both stages total a minimum of 28 calendar days,
- the CoS to a migrant within 6 months of the date the vacancy was first advertised.
- You must place a minimum of 2 advertisements
- The job advertisement must be in English, or Welsh if based in Wales
- The job advert must include all of the following
- the job title
- the main duties and responsibilities of the job (job description)
- the location of the job
- an indication of the salary package or salary range or terms on offer, the rates of pay section has more information
- skills, qualifications and experience needed
- the closing date for applications, unless it is part of a rolling recruitment programme - if it is a rolling recruitment programme, the advertisement should show the period of the recruitment programme
8. All jobs must be advertised online to settled workers through the jobcentre plus universal jobmatch service (or for jobs based in Northern Ireland, JobCentre Online)
9. Where advertising online using the Jobcentre Plus Universal Jobmatch service, or for jobs based in Northern Ireland, Jobcentre Online, is not mandatory, you must still advertise the job using 2 of the methods and one can be online advertising through Jobcentres
10. The salary rate in your advertisement must be a true reflection of what you are prepared to pay and the rate you ultimately pay must be in line with the rate that was advertised
11. For each recruitment method, where you have carried out the resident labour market test, you must keep the documents used for the entire recruitment process