Recital (29)

In its general principles and operational guidelines for fair recruitment, the ILO sets out a number of standards on adequate protection of jobseekers from third countries against unfair recruitment. Employers and other entities participating or having participated in the EU Talent Pool should comply with applicable Union law and practice. Equal treatment between jobseekers from third countries and nationals of the participating Member States is also to be ensured by the participating employers and other participating entities in accordance with Directives 2011/98/EU, 2014/36/EU, (EU) 2016/801, (EU) 2021/1883 and (EU) 2024/1233 of the European Parliament and of the Council. In accordance with Directive (EU) 2019/1152 of the European Parliament and of the Council, employers are to provide workers with information in writing on their rights and obligations resulting from the employment relationship at the start of the employment. That information is to include the essential aspects of the employment relationship, such as the place and the type of work, the duration of employment, the remuneration, the working hours, the amount of any paid leave and, where applicable, other relevant working conditions. Additionally, in accordance with Directive (EU) 2023/970 of the European Parliament and of the Council, employers are to provide jobseekers with the information needed to ensure informed and transparent negotiations with regard to pay. Participating employers or other participating entities should neither charge recruitment fees or undisclosed costs nor prohibit a jobseeker from a third country from taking up employment with other employers outside the work schedule established with that employer, nor subject such a person to adverse treatment for doing so. Participating employers and other participating entities are to comply, under all circumstances, with Directives 96/71/EC and (EU) 2020/1057 of the European Parliament and of the Council when posting workers in the framework of the provision of services, in particular with regard to the terms and conditions of employment established in those Directives. Participating employers and other participating entities are also to comply with the requirements arising from the relevant case law of the Court of Justice, in particular its judgment in case C-43/93, such as the requirement that third country nationals can only be posted to a Member State if they are lawfully and habitually employed in the Member State of establishment of the posting undertaking. Participating employers and other participating entities are also to comply with the relevant law of the host Member State.