The South African government is taking steps to tighten regulations concerning the hiring of migrants amid growing tensions surrounding employment and the hiring of illegal foreigners.
Minister of Employment and Labour Nomakhosazana Mthe presented the Bill on Amendments to Employment Services to the Portfolio Committee on Employment and Labour. This bill aims primarily to protect job seekers from South Africa while also ensuring protection against exploitation for foreign nationals who have the legal right to work in the country.
Under the proposed changes, employers will be required to demonstrate that they have made attempts to hire suitable qualified South African citizens before hiring foreigners. Furthermore, the bill grants the Minister the authority to impose restrictions on the employment of foreigners in specific sectors, professions, or geographical areas.
Mthe stated that 'Illegal immigration must be regulated by legitimate state enforcement. Self-help must be rejected, but the concerns of South African citizens should be acknowledged. The Bill on Amendments to Employment Services contributes precisely to this.'
The bill is also intended to protect foreign workers from workplace exploitation. Foreigners employed illegally retain the right to sue their employers if their labor rights are violated. Employers will also be prohibited from offering foreign workers jobs not covered by their visas or permits.
Regarding worker rights protection, it was noted that 'under the proposed amendments, foreigners employed illegally will retain the right to make claims related to employment against employers.' This measure is designed to prevent unscrupulous employers from using workers' immigration status to pay wages below established norms or apply conditions that do not comply with South African labor standards and collective agreements.
The bill provides for stricter penalties for rule violators: R100,000 for the first offense, R200,000 for the second, and up to R1 million or 10% of the company's gross income for the third offense.
Mthe emphasized that the government seeks to strike a balance between protecting jobs for South African citizens and upholding the rights of foreign nationals legally entitled to work in the country. She added: 'We are trying to find a balance: prioritizing South African citizens while ensuring that those who are legally in the country and comply with our laws are also given an opportunity.'
The bill will now undergo a public consultation process, and the portfolio committee agreed to invite written submissions before proceeding with the consideration of the proposed legislation.



