The Employment Services Amendment Bill has been introduced to Parliament, proposing significant changes to South Africa's labour market framework, including new measures to regulate the employment of foreign nationals and strengthen enforcement mechanisms.
The Bill aims to amend the Employment Services Act of 2014 by updating and clarifying several definitions within the legislation, while extending its application to include foreign nationals, workers, and private employment agencies that do not operate for profit.
A key feature of the proposed legislation is the introduction of a more comprehensive framework governing the employment of foreign nationals in South Africa.
The Bill seeks to align labour migration policies with the objectives of the Employment Services Act, as well as existing provisions contained in the Immigration Act and the Refugees Act.
It introduces substantially tougher penalties for employers who fail to comply with the new rules governing the employment of foreign nationals.
Before recruiting a foreign worker, employers will be required to satisfy themselves, 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 who breach these requirements could face escalating fines imposed by the Labour Court, ranging from up to R100 000 for a first offence, R200 000 for a repeat offence within three years, and up to R1 million or 10% of annual turnover for employers found guilty of multiple contraventions.
The proposed measures are aimed at ensuring that foreign recruitment takes place only where genuine skills shortages exist, while strengthening deterrents against the unlawful employment of foreign nationals.
Under the proposed amendments, the Minister of Employment and Labour will be granted additional powers to develop regulations relating to labour migration and the employment of foreign workers.
The Bill also proposes expanding the responsibilities of the Employment Services Board to strengthen oversight and policy implementation.
The legislation further provides for the establishment and governance of Supported Employment Enterprises, which are intended to create and support employment opportunities for designated groups of workers.
Authorities are expected to receive stronger powers to investigate and act against non-compliant employers and employment agencies.
The proposed amendments also make provision for exemptions from certain requirements of the Act and empower the Minister to issue further regulations where necessary.
Government says the changes are intended to improve labour market governance, promote fair employment practices, and ensure that the employment of foreign nationals is managed in a manner that supports South Africa's economic and social objectives.
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.
This comes after government has announced plans to intensify action against employers who hire undocumented foreign nationals, with President Cyril Ramaphosa warning that businesses found flouting immigration and labour laws will face tougher penalties and stricter enforcement.
President Ramaphosa said illegal immigration continues to undermine efforts to create decent jobs, protect labour standards and expand employment opportunities for South Africans.
Addressing the nation on Sunday, the President said some employers deliberately hire undocumented migrants because their vulnerable legal status makes it difficult for them to challenge unfair treatment in the workplace.
Investigations have uncovered workplaces where undocumented foreign nationals are subjected to poor working conditions, low wages and excessive working hours without proper compensation.
He warned that employers who knowingly hire undocumented workers are not only breaking the law but are also undermining fair competition and weakening labour protections for all workers.
As part of government's Comprehensive Approach for Migration Management, authorities will step up inspections at companies suspected of employing undocumented foreign nationals.
The inspections will involve joint operations by the South African Police Service, the Department of Home Affairs and the Department of Employment and Labour.
In a move aimed at strengthening enforcement capacity, the Department of Employment and Labour has begun the phased recruitment of 10 000 labour inspectors during the current financial year.
President Ramaphosa said authorities can no longer allow employers found guilty of exploiting undocumented workers to simply pay fines and continue operating without consequence.
The latest measures signal government's intention to tighten oversight of labour migration while tackling worker exploitation and promoting compliance with South Africa's employment and immigration legislation.
The Bill can be accessed at https://www.labour.gov.za/DocumentCenter/Bills/Employment%20Services%20Amendment%20Bill.pdf. - SAnews.gov.za
