The Employment Services Amendment Bill, 2021, is set to bring about significant changes to South Africa’s Employment Services Act of 2014, particularly concerning the employment of foreign nationals. Here are the key points you need to know:
1. Stricter Employment Rules: Employers will need to verify eligibility, prioritise South African citizens, permanent residents, or refugees, and provide equal terms and conditions of employment to foreign nationals.
2. Documentation and Skills Transfer: Employers will be required to maintain records of foreign nationals’ lawful employment status and prepare a skills transfer plan.
3. Ministerial Powers: The minister may request that Employers prove that no local candidates are available, while provide guidelines for using employment services, skills transfer plans, applying for exemptions, and record-keeping.
4. Recruitment Process Proof: Companies must submit evidence of standard recruitment processes when considering job applicants.
5. Quotas in Specific Sectors: The Bill introduces maximum quotas for foreign nationals’ employment in specific sectors, with exceptions for critical skills positions or when employers apply for exemptions. However, it doesn’t cover unskilled or semi-skilled workers unless specific reasons are provided.
6. Penalties for Non-Compliance: Non-compliance with the Bill may result in fines of up to R100,000, along with additional sanctions as per applicable laws.
Knowing the legislation when it comes to employing foreign nationals is important in ensuring your organisation remains compliant in the eyes of the law.
Do you need help with organising work permits or any other aspect of South African immigration for a foreign national you’re looking to employ? Contact us today for a consultation.
