Pending Legislation regarding employing foreign nationals

Currently there is no foreign national quota system in our legislation regarding our hospitality industry.  However there are two draft statutes Government is current looking at that provide, one way or another, for the control of foreign national employment. 

You will note that the second draft below makes reference to permitting the minister to set numerical targets.

Both are in draft format and neither has progressed any further in terms of enactment.  Please see below.

1] 28 December 2018

Minister of Labour

Employment Services Act No 4 2014

Draft Regulations on the Employment of Foreign Nationals

Essentially the draft seeks to significantly increase the qualification requirements for the recruitment of a foreign national in terms of both a Work Visa and a Corporate Visa. In addition should either one of the visas be granted a skills transfer plan is required in order that a transfer of skills to a South African takes place.

2] 11 December 2020

Private Member’s Bill

Employment Services Amendment Bill 2021

The draft Bill aims to amend the Employment Services Act, 2014 (Act No 4 of 2014), with the intention to regulate the recruitment of foreign nationals in certain economic sectors and to strengthen the current regulatory framework regarding the recruitment of foreign nationals in South Africa. The draft Bill requires that when recruiting potential employees, an employer must confirm that there are no suitable South African citizens that can be employed in that position, prior to recruiting a foreign national. The Bill further proposes that the Minister must publish a notice that provides for the identification of certain sectors in the workforce for the purpose of ensuring that suitable qualified South African citizens are equitably represented in those sectors and furthermore that the Minister must set numerical targets for the identified economic sectors.

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