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DRAFT OPINION (COM(2023)0716 – C90413/2023 – 2023/0404(COD))

On the proposal for a regulation of the European Parliament and of the Council establishing an EU talent pool

EMPL-PA-766602

Committee on Employment and Social Affairs · Rapporteur: Marianne Vind

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This draft opinion amends the proposed regulation establishing an EU talent pool. It requires employers to have substantive business operations in a participating member state and to use the pool only if vacancies cannot be filled within the EU. It deletes the EU-wide list of shortage occupations and the related delegated acts, leaving member states to identify national shortages after consulting social partners. It strengthens protections for third-country jobseekers, including fair recruitment, equal treatment, complaint mechanisms, and suspension of non-compliant employers. It involves social partners in the steering group and national contact points, and requires the Commission to ensure the matching tool avoids bias.

Committee position. The Committee on Employment and Social Affairs proposes amendments to the proposed regulation, focusing on fair recruitment, social partner involvement, and national-level shortage occupations.

Key points

  1. The EU Talent Pool should be used only if a vacancy cannot be filled through national employment services or EURES.
  2. Employers must have substantive business operations in the participating member state and transfer vacancies only for those sectors.
  3. The EU-wide list of shortage occupations and the Commission's delegated powers to amend it are deleted; member states identify national shortages after consulting social partners.
  4. The steering group includes two representatives per participating member state, two from the Commission, and four from cross-industry social partners, with gender balance aimed for.
  5. National contact points must involve employment and immigration authorities, public employment services, and social partners, and must remain neutral during collective bargaining disputes.
  6. Employers must comply with Union and national law, collective agreements, and ILO fair recruitment guidelines; they cannot charge fees to jobseekers and must cover travel and training costs.
  7. Employers with criminal sanctions or labour law infringements are denied or suspended from the pool for five years; contact points must keep a register of breaches.
  8. Jobseekers and workers can lodge complaints without retaliation; contact points must suspend employers upon breach and inform the steering group.
  9. The Commission must ensure the automated matching tool does not replicate biases or discriminatory practices.
  10. Information must be accessible, including for persons with disabilities, and available in official languages of participating member states and, where appropriate, third countries.
  11. The Commission must report by 31.12.2031 and every five years thereafter, assessing effectiveness in addressing skills shortages and ensuring fair working conditions.

Who is affected

  • Employers in participating member states: must have substantive operations, comply with labour standards, and cannot charge recruitment fees.
  • Third-country jobseekers: gain protections against unfair recruitment and access to complaint and redress mechanisms.
  • Social partners: gain representation in the steering group and involvement in national contact points.
  • Member states: must consult social partners before participating and define national shortage occupations.

Figures and deadlines

  • Member states must notify participation at least 9 months before intending to participate.
  • Withdrawal notification must be at least 6 months before the intended withdrawal date.
  • Profiles of jobseekers and employers not accessed for two years shall be removed or anonymised.
  • Job vacancies open for one year shall be removed.
  • Employer verification checks are repeated every two years.
  • Employers sanctioned for criminal activities or labour infringements are denied access for five years.
  • The Commission must report by 31.12.2031 and every five years thereafter.