# Labour Migration

- Link: https://dearsouthafrica.co.za/labour-migration/
- Published: 2022-03-11T15:27:16+02:00
- Author: dearSA

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### **335**** **comments individually delivered to government by 28 May 2022

### The Minister of Employment and Labour called for comment on the Draft National Labour Migration Policy & Employment Services Amendment Bill

    - The proposed amendments to the Employment Services Act aim to limit the extent
      to which employers can employ foreign nationals in possession of a valid work
      visa. It also codifies the obligations of an employer engaging foreign workers
      to, among other things:
    - only employ foreign nationals entitled to work in terms of the Immigration
      Act, the Refugees Act or any other provision;
    - ascertain the foreign national is entitled to work in the republic in the 
      relevant position;
    - satisfy themselves that there are no South Africans with the requisite skills
      to fill the vacancy;
    - prepare a skills transfer plan, where appropriate;
       employ foreign nationals
      on the same terms as local workers; and
    - retain copies of relevant documentation.
       The amendment bill proposes a framework
      that will enable the minister to set quotas for employment of foreigners. 
      A quota may apply in respect of a sector of the economy, an occupational category
      or a geographical area.

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### SUMMARY

Nxesi said the proposed National Labour Migration Policy aims to achieve a balance
across four areas:

Jobs: The first is to address South Africans’ expectations regarding access to work
opportunities, given worsening unemployment and the perception that foreign nationals
are distorting labour market access, said Nxesi. “The NLMP, together with proposed
legislation, will introduce quotas on the total number of documented foreign nationals
with work visas that can be employed in major economic sectors such as Agriculture,
Hospitality and Tourism, Construction etc.”

Small business: The NLMP will be complemented by Small Business intervention and
enforcement of a list of sectors where foreign nationals cannot be allocated business
visas and amendments to the Small Business Act to limit foreign nationals establishing
SMMEs and trading in some sectors of the economy.

Borders: The Department of Home Affairs is also reviewing current legislation and
strengthening the Border Management Authority to secure porous borders and to allow
for the orderly movement of people and other nationals through ports of entry only.

Inspections: Nxesi said his department, together with all relevant authorities, 
will step up inspections to enforce existing labour and immigration legislation.

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