Recital (30)

Employers or other entities who have been permanently excluded from the IT Platform, or whose access to the IT Platform has been refused or suspended, should not be able to make use of the IT Platform, including through other participating entities. The National Contact Points should ensure that the job vacancies of such employers or other entities are not made available on the IT Platform. Before making a job vacancy available, the National Contact Points should check that the employer or other entity interested in participating in the EU Talent Pool is not recorded in the registry of employers or other entities who have been permanently excluded from the IT Platform, or whose access to the IT Platform has been refused or suspended, to ensure that such employers or other entities do not use the IT Platform. When carrying out such checks, the National Contact Points should be able to also rely on existing information on non-compliant employers and other entities in accordance with national practice. Such information could also include lists established in accordance with Directives 2009/52/EC and 2011/36/EU of the European Parliament and of the Council. Such checks, carried out on the basis of existing information on non-compliant employers and other entities in the Member States, could contribute to the effectiveness of the means to refuse access to the EU Talent Pool, from the first day of participation of a Member State, for employers and other entities that have infringed relevant Union or national law and practice. Member States should ensure that other participating entities which, in accordance with national law, have fulfilled their due diligence obligations regarding compliance by participating employers with the relevant Union and national law and practice on protection against unfair recruitment, inadequate working conditions, discrimination, adverse treatment and trafficking in human beings should not be excluded from the IT Platform or have their access to the IT Platform refused or suspended in the event that a participating employer infringes relevant Union or national law or practice.