Types of labor market tests or exemptions from labor market tests for TLMPs
| Employer duties under labor market test | Nature of the employer-worker relationship | Special features |
|---|---|---|
| 1. Certification labor market test | ||
| Government verifies recruitment of local workers efforts before granting permission to hire migrant workers. | Employer–migrant worker contract covers wages and benefits (possibly including housing and transportation). | Trade unions may or may not be involved in attempts to check employer efforts to recruit local workers. |
| 2. Attestation labor market test | ||
| Employer assures the government that prevailing wages are being paid and that current employees are not on strike. | Employer–migrant worker contract covers wages and benefits. | Under the theory that the number of jobs in some professional occupations is rising fast, that labor shortages exist, or that adding skilled workers to the labor market is always economically beneficial, there are very few checks on employers seeking to hire foreign workers with college degrees or more. |
| 3. No labor market tests for intra-corporate transfers; free trade professionals | ||
| n.a. | Employer–migrant worker contract exists but does not always include a minimum or prevailing wage requirement. | Labor market tests are not required because intra-corporate transferees (ICTs), workers authorized under provisions in free trade agreements, and investors and their employees are believed to have unique skills that limit competition with local workers. |
| 4. No labor market tests for exchange visitors and foreign students | ||
| n.a. | Arrangements vary widely, from contracts to at-will employment. Programs may or may not include minimum or prevailing wage requirement. | Labor market tests are not required because work is considered ancillary to the main purpose of being in the country of destination. |
| 5. No labor market tests in free-movement zones such as EU | ||
| n.a. | Arrangements vary widely and can be subject to the laws of the destination country. | Labor market tests are not required because workers may cross national borders without job offers and may be posted abroad by their home-country employer. |
Source: Text in Daniel Costa and Philip Martin, Temporary Labor Migration Programs: Governance, Migrant Worker Rights, and Recommendations for the UN Global Compact for Migration, Economic Policy Institute, July 2018.