The Bill’s primary focus is to regulate the number of foreign nationals employed and to enhance job opportunities.
Minister of Employment and Labour, Nomakhosazana Meth, gazetted the intention to table the Employment Services Amendment Bill in parliament.
The Bill seeks to amend the Employment Services Act 4 of 2014, which was enacted to reduce unemployment by establishing a framework for public employment services, regulating private employment agencies (including labour brokers), and promoting the employment of youth and vulnerable groups.
Meth, among other things, seeks to amend the Act to manage the number of foreign nationals working in the country, per sector.
Amendment of Employment Act
In her Workers’ Day speech on 1 May, Meth said the Bill “aims to modernise the regulation of the labour market”.
She added that the Bill’s primary focus is on regulating the employment of foreign nationals and enhancing job opportunities for South African citizens.
“The Bill amends the Employment Services Act 4 of 2014 to address rising unemployment and the high representation of foreign nationals in specific, lower-skilled sectors, and has since been approved by Cabinet and taken to parliament for further processing,” said Meth.
Simply put, the Bill will provide a policy framework and the legal basis to regulate the employment of foreign nationals in businesses while promoting national security and national interests.
Foreigners must comply with Employment Act
In the intention notice gazetted last week, Meth said the Bill seeks to regulate the employment of foreign nationals in South Africa in a manner consistent with the purpose of the Act, the Immigration Act and the Refugees Act.
Among other amendments, Meth wants the Act to empower the minister to make regulations regarding labour migration.
She and the ministers who follow after her will have the power to set quotas for the employment of foreign nationals. A quota may apply in respect of a sector of the economy, an occupational category or a geographical area.
“The minister will establish a quota in a sector after consulting the Employment Services Board and considering public comments.”
Other amendments
Once the amendments have been signed into law, they will prevent companies from exploiting workers, such as the provision of cheap labour through undocumented foreign nationals.
Other amendments included in the notice are:
- To expand the functions of the Employment Services Board
- To provide for the establishment and governance of Supported Employment Enterprises
- To provide for exemptions from the Act
- To provide for the making of further regulations by the minister; and to provide for matters connected therewith.