Bill seeks to regulate hiring of foreign nationals in SA

New proposed legislation to regulate the employment of foreign nationals has been opened for the public to make input and comments. Legalbrief Africa reports that under the proposed changes, employers would have to show that they have tried to recruit suitably qualified South Africans before employing foreign nationals. The Portfolio Committee on Employment & Labour on Friday officially opened the public comments on the Bill as it takes another step to formulate the country’s labour migration framework. EWN reports that the Employment Services Amendment Bill, among other provisions, will require employers to double-check whether specific skills are available in SA before appointing foreign nationals. The Bill, once passed into law, will empower the Minister of Employment & Labour to set maximum employment quotas for foreign nationals. This will be across specific economic sectors, occupational categories or regions. However, according to the proposed law, it will exclude small employers with fewer than 10 employees. The committee said that opening the Bill for public comment is a ‘critical step’ in formulating legislation that will reshape SA’s labour migration framework. It said the proposed Bill seeks to legally regulate the employment of foreign nationals ‘amid shifting economic and demographic dynamics’, a shift the committee believes needs to be shaped by views from all sectors of society.

Employment & Labour Minister Nomakhosazana Meth said illegal immigration must be handled through lawful state enforcement, notes EWN. 'Vigilantism must be rejected, but the concerns of South Africans must be acknowledged. The Employment Services Amendment Bill is contributing towards exactly that,' Meth said. He noted that under the proposed amendments, foreign nationals employed in contravention of the law will retain the right to enforce employment-related claims against employers. 'This provision seeks to prevent unscrupulous employers from taking advantage of workers' immigration status by paying below-regulated wages or imposing conditions that fall short of SA labour standards and collective agreements,' he said. The Bill also proposes tougher fines for employers who break the rules.