The Department of Employment and Labour has presented the Employment Services Amendment Bill (ESAB) to Parliament's Portfolio Committee on Employment and Labour, outlining a comprehensive legislative framework designed to strengthen labour migration management, prioritise employment opportunities for South Africans, protect migrant workers from exploitation, and enhance compliance with labour and immigration laws.
The Bill gives legislative effect to South Africa's National Labour Migration Policy and addresses shortcomings in the current Employment Services Act by introducing a more coherent, transparent and enforceable framework for regulating the employment of foreign nationals.
Opening the briefing, Minister of Employment and Labour Nomakhosazana Meth emphasised that South Africa, as a significant destination for migrants, must balance the legitimate employment aspirations of its citizens with the country's constitutional, regional and international obligations.
"Illegal immigration must be handled through lawful state enforcement. Vigilantism must be rejected, but the concerns of South Africans must be acknowledged. The Employment Services Amendment Bill is contributing towards exactly that," said Minister Meth.
The Bill is aimed at creating a modern and responsive labour migration system that supports economic growth, social stability and fair labour practices. It aligns South Africa's legislative framework with regional commitments within the Southern African Development Community (SADC) and promotes evidence-based management of labour migration through improved data collection and policy coordination.
The proposed amendments will assist government in monitoring labour market trends, skills transfer, recruitment patterns and the movement of workers into and out of South Africa. The legislation will also provide a framework for reviewing and renegotiating bilateral labour agreements, many of which date back several decades and are no longer aligned with South Africa's constitutional values and labour standards.
A central objective of the Bill is to place South African work-seekers at the forefront of employment opportunities while ensuring that labour migration is managed in a lawful and transparent manner.
To achieve this, employers will be required to satisfy specific conditions before employing foreign nationals. These include verifying that a foreign national is legally entitled to work in South Africa, demonstrating efforts to recruit suitably qualified South African candidates, maintaining prescribed employment records and implementing skills transfer plans where necessary.
The Bill further empowers the Minister of Employment and Labour, following consultation with the Employment Services Board, to determine maximum quotas for the employment of foreign nationals in specific economic sectors, occupational categories or geographical areas. These determinations will be guided by labour market conditions and published through a transparent Government Gazette process.
Importantly, the quota mechanism is intended to provide government with the flexibility to respond proactively to labour market developments while ensuring transparency, accountability and public oversight.
The Department has stressed that the Bill is not aimed at denying migrant workers their rights, but rather at ensuring that all workers are protected from unfair labour practices and exploitation.
Under the proposed amendments, foreign nationals employed in contravention of the law will retain the right to enforce employment-related claims against employers. This provision seeks to prevent unscrupulous employers from taking advantage of workers' immigration status by paying below-regulated wages or imposing conditions that fall short of South African labour standards and collective agreements.
Labour inspectors and bargaining council agents will also be empowered to pursue claims on behalf of affected workers where necessary, further strengthening workplace protections and access to justice. Additionally, employers will be prohibited from assigning foreign nationals work that is not authorised under their visas, permits or relevant legislation.
The Employment Services Amendment Bill introduces enhanced enforcement mechanisms aimed at ensuring compliance with both labour and immigration legislation.
The proposed amendments expand the powers of labour inspectors to monitor and enforce compliance with the Employment Services Act. The Bill also enables closer cooperation between the Departments of Employment and Labour and Home Affairs through formal agreements that may authorise designated labour inspectors to exercise specific powers under immigration legislation.
To deter non-compliance, the Bill introduces significantly stronger penalties for repeat offenders. Proposed fines include:
These measures are intended to discourage unlawful employment practices and ensure that compliant employers are not placed at a competitive disadvantage.
Deputy Minister Jomo Sibiya informed Members of Parliament that workplace inspections and enforcement activities have long formed part of the Department's mandate and are continually being strengthened through collaboration with the Department of Home Affairs and the South African Police Service.
The Bill also introduces reforms aimed at improving the governance and operational effectiveness of Supported Employment Enterprises (SEE), which play a critical role in creating employment opportunities for persons with disabilities and other vulnerable groups.
The proposed amendments will allow SEE to operate as an entity within the Department of Employment and Labour while functioning as a trading entity, subject to National Treasury approval and the requirements of the Public Finance Management Act. These changes are intended to improve operational flexibility, governance and financial accountability.
In closing, Minister Meth reiterated that the Bill seeks to strike a fair balance between safeguarding opportunities for South Africans and ensuring that foreign nationals who are legally entitled to work in the country are treated lawfully and fairly.
"We are trying to strike a balance: to prioritise South Africans, while ensuring that those who are legally in the country and qualify in terms of our laws are also given an opportunity."
The Minister further emphasised that effective implementation will depend on a combination of advocacy, compliance monitoring, inspections, enforcement and strengthened institutional capacity. Government will continue supporting South African work-seekers through career counselling, training and employment-readiness programmes to improve their access to available opportunities.
The Portfolio Committee on Employment and Labour has agreed to invite written public submissions on the Employment Services Amendment Bill as part of its public participation process. Once submissions have been received and consolidated, the Department will respond to stakeholder inputs before the Committee proceeds with further deliberations on the Bill.
The Department encourages workers, employers, organised labour, business formations, civil society organisations and members of the public to participate actively in the consultation process and contribute to shaping legislation that promotes inclusive economic growth, fair labour standards and a well-regulated labour market for South Africa.
For media inquiries, please contact:
Teboho Thejane
Departmental Spokesperson
082 697 0694/ teboho.thejane@labour.gov.za
Website: www.labour.gov.za
-ENDS-
Issued by: Department of Employment and Labour
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