The government has introduced the Employment Services Amendment Bill, which proposes new measures to regulate the employment of foreign nationals and strengthen enforcement measures.
Before recruiting a foreign worker, employers will be required to check, in a manner prescribed by regulation, that there are no suitably qualified South African citizens, permanent residents, refugees or asylum seekers available to fill the position.
Employers will also have to prepare a skills transfer plan (unless deemed impractical by the Ministry).
The Bill will empower the Employment and Labor Minister to set quotas for the employment of foreign nationals in specific economic sectors and occupational categories, as proposed in the National Labor Migration Policy.
The Bill introduces substantially tougher penalties for employers who fail to comply with the new rules governing the employment of foreign nationals. Employers who breach the requirements could face escalating fines imposed by the Labor Court, ranging from up to ZAR 100 000 for a first offense, ZAR 200 000 for a repeat offense within three years, and up to ZAR 1 million or 10% of annual turnover for employers found guilty of multiple contraventions.
The Bill is currently before Parliament and will undergo the legislative process, including committee scrutiny and opportunities for public participation, before any amendments can be enacted into law.
Erickson Insights and Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.