Article 13 — Participation of employers and other entities in the EU Talent Pool

1. Employers and other entities interested in participating in the EU Talent Pool shall request the National Contact Point in the Member State where they are established to make their job vacancies available on the IT Platform. 2. The National Contact Points shall make available on the IT Platform job vacancies that: (a) fall within the list of Union-wide shortage occupations referred to in Article 14 and the country-specific adjustments to that list pursuant to Article 15(1) or which are relevant for a Talent Partnership, bilateral arrangement or national framework on the development and validation of skills in a third country listed in the IT Platform; (b) are open to the recruitment of jobseekers from third countries without prejudice to the principle of preference for Union citizens, where applicable under national law. 3. When making job vacancies available on the IT Platform, the National Contact Points shall not transmit job vacancies: (a) relating to apprenticeships and traineeships; (b) of employers and other entities that are recorded in the registry referred to in Article 10(2), point (e)(ii). 4. Job vacancies made available on the IT Platform shall include at least the following information: (a) the name and contact details of the employer with whom the jobseeker from a third country would engage in a direct employment relationship and of any other participating entity; (b) the job description; (c) the duration of the employment contract; and (d) the normal place of work. 5. Job vacancies made available on the IT Platform may include additional information, such as the initial pay or pay range offered. 6. In addition to the information referred to in paragraph 4, participating employers and other participating entities may provide additional information for the purpose of presenting the undertaking to jobseekers from third countries, including the sector in which it is active, a brief description of its operations and, where relevant, the company registration number. 7. Participating employers and other participating entities shall comply with the relevant Union and national law and practice regarding protection of third-country nationals against unfair recruitment, inadequate working conditions, discrimination, adverse treatment and trafficking in human beings, where applicable. Participating employers and other participating entities shall also comply with the applicable collective agreements that protect third-country nationals’ right to freedom of association and collective bargaining. Participating Member States may introduce additional conditions for the employers’ and other entities’ participation in the EU Talent Pool to ensure compliance with other relevant national practices, collective agreements and the principles and guidelines of ILO, such as its general principles and operational guidelines on fair recruitment, in accordance with Union law. 8. Where a national competent authority establishes that a participating employer or other participating entity does not comply with the obligations and conditions referred to in paragraph 7, the national competent authority shall notify the relevant National Contact Point thereof. Upon receipt of a notification as referred to in the first subparagraph, the National Contact Point shall suspend access to the IT Platform by the participating employer or other participating entity concerned and remove their job vacancies from the IT Platform. In such cases, the participating employer or other participating entity shall not be allowed to make use of the IT Platform, including through other participating entities. Where a national competent authority notifies the National Contact Point that the non-compliance of the employer or other entity concerned with the obligations and conditions referred to in the first subparagraph has been remedied, the relevant National Contact Point shall lift the suspension of access to the IT Platform. 9. By way of derogation from paragraph 8 of this Article, Member States may decide to permanently exclude participating employers and other participating entities from the EU Talent Pool, as well as employers and other entities interested in participating in the EU Talent Pool in the case of offences referred to in Articles 2, 3 and 18a of Directive 2011/36/EU and in the case of criminal offences related to the employment of illegally staying third-country nationals as laid down in Article 9 in connection with Article 3 of Directive 2009/52/EC. Where a participating Member State derogates from paragraph 8, it shall notify the relevant National Contact point thereof. Upon receipt of a notification as referred to in the second subparagraph of this paragraph, the National Contact Point shall permanently exclude the employer or other entity concerned from the EU Talent Pool and, where applicable, remove their job vacancies from the IT Platform. Where an employer or other entity has been permanently excluded from participating in the EU Talent Pool, they shall not be allowed to make use of the IT Platform, including through other participating entities. 10. The use of the EU Talent Pool shall be free of charge for jobseekers from third countries. Participating employers and other participating entities shall not charge any fees or undisclosed costs to registered jobseekers from third countries for the purpose of recruitment, whether before or after the completion of the recruitment process. 11. Job vacancies of participating employers and other participating entities shall be visible to registered jobseekers from third countries on the IT Platform. 12. Job vacancies shall immediately be removed from the IT Platform in the case of: (a) a request made by the participating employer or other participating entity to the National Contact Point to remove any or all of their job vacancies; (b) a notification made by the participating employer or other participating entity to the National Contact Point in accordance with paragraph 13; (c) the absence of any match with a registered jobseeker from a third country for a period of one year; (d) suspension of access by or permanent exclusion of the participating employer or the other participating entity; (e) removal of the relevant occupations following adjustments to the Union-wide list of shortage occupations in accordance with Article 15. 13. Participating employers and other participating entities shall, without undue delay, indicate on the l IT Platform that they have successfully recruited a registered jobseeker from a third country for a given job vacancy. The profiles of such registered jobseekers from third countries shall be removed from the IT Platform.