Having identified a number of gaps or shortcomings for employment of foreign nationals – including in the tourism and hospitality sector – the Department of Labour has developed a new National Labour Migration Policy and has proposed amendments to the existing Employment Services Act.
The proposals will be released in February/March and stakeholders will have three months to comment.
As part of the policy interventions, South Africa’s National Labour Migration Policy (NLMP) aims to achieve a balance in four major areas that are very complex, according to a spokesperson for the Department of Labour.
1. Quotas
The first is to address SA population expectations regarding access to work for South Africans, given worsening unemployment and perceptions or views that foreign nationals, especially those who are undocumented, are distorting labour market access.
The spokesperson said: “This practice is promoted by some employers who do not comply with existing labour legislation and continue to undermine existing minimum standards.
The Employment and Labour NLMP will introduce maximum quota/s 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, and Construction, just to name a few.
The NLMP will be complemented by Small Business intervention and enforcement of a list of undesirable 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 SA economy.
The Department of Home Affairs is also reviewing the Immigration Act, the Citizenship Act and the Refugees Act to ensure more alignment.
2. Skills and training
A list of scarce and critical skills in high demand will be released to provide guidance to all institutions to prioritise education and training interventions in those areas. The list will be used as a last resort, to allow foreign nationals in possession of the listed skills that the economy requires, and where job offers have been made, to be allocated work visas.
The government will also impose various obligations on both the employer and the foreign national to transfer skills to locals, and permits will be limited to specific durations.
3. Rights of migrants
South Africa is a signatory to international treaties and conventions governing the rights of migrants. All policies and interventions were developed within the ambit of the constitution of the Republic of South Africa and the Department will ensure the protection of migrant workers and their families in accordance with international standards and guidelines.
4. Regional integration and co-operation
South Africa will also implement these initiatives within the context of its regional integration and co-operation imperatives that have already been agreed to at the Southern African Development Community and African Union levels.
