The Minister of Employment and Labour published the draft National Labour Migration Policy and Employment Services Amendment Bill on February 28, 2022 for public comment for a period of 90 days, whereafter it will be tabled in parliament.
The Bill aims to control the employment of foreign nationals in South Africa.
It seeks to repeal Sections 8 and 9 of the Employment Services Act No. 4 of 2014 in their entirety and insert chapter 3A in it.
The bill establishes that businesses would employ foreign nationals on terms and conditions of employment that are not inferior to those of South Africans, permanent residents and refugees; and retain copies of all documents reflecting that the foreign national is lawfully entitled to be employed in South Africa.
It further states that if a foreign national is engaged in a key skills position, the firm is exempt from the quota. In all other cases, an employer may request an exemption from a relevant quota from the Minister.
Furthermore, the requirement to employ foreign nationals on equal terms and conditions as South Africans, permanent residents, and refugees will protect foreign nationals from exploitation while also addressing South Africans’ complaints that jobs are given to foreign nationals because employers can easily exploit them.
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