The Portfolio Committee on Employment and Labour has invited public comments on the Employment Services Amendment Bill. The proposed law aims to regulate the employment of foreign nationals in South Africa.
Of particular concern to employers is that this Bill seeks to, among others:
- empower the Minister of Employment and Labour to set sector-, occupation-, or region-specific employment quotas for foreign nationals;
- mandate skills transfer plans;
- mandate various pre-employment compliance steps before hiring foreign nationals; and
- increase non-compliance fines to up to R1 million or 10% of annual turnover.
NEASA remains critical of what the true intention of this Bill is and the effect it may have on businesses in South Africa, and in particular, the impact that prescriptive state measures will have on a business’s appetite to employ.
This proposed law will inevitably disrupt the free workings of businesses and cause an enormous, onerous administrative and compliance burden for businesses. The exorbitant, disproportionate, punitive measures proposed by this law could also be financially burdensome for business.
Businesses are requested to consider how this proposed law may affect their operations and are encouraged to submit written comments on this Bill.
Submissions must be directed to the Portfolio Committee on Employment and Labour and submitted via email to: