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The Department of Employment and Labour (DEL) has expressed concern about illegal immigrants working in South Africa and is now taking action to address the issue.
Looking back during the course of 2021, truck drivers wreaked havoc through protest action, demanding something be done about foreign nationals being employed in the sector.
“The Department can attest that there are illegal recruitment practices happening. There are some employers who continue to employ especially undocumented foreign nationals and our citizens and continue to subject them to inferior labour standards, not declare them in their books and not cover them in terms of existing social protection measures such as the UIF, Pension Fund, and Compensation Fund. These practices are illegal, they are unacceptable, and it is something that is pre-occupying us daily in the Department of Employment and Labour, states the DEL.
To address the issue, the DEL stated that it has created a new National Labour Migration Policy and proposed changes to the current Employment Services Act.
If Cabinet approves the Department’s submission, the proposals will be released for a three-month public comment period before the end of February/March 2022.
The social partners at NEDLAC will be afforded the opportunity to adjust the Policy and the Bill during May/June before we make a submission to Parliament.
According to DEL, South Africa’s National Labour Migration Policy (NLMP) aims to achieve a balance in four major areas introduce significant changes in the employment market. These changes are as follows:
Quotas
The Department notes that the South African population has expectations when it comes to access to work, given the country’s worsening unemployment and the perception or belief that foreign nationals, particularly undocumented immigrants, are distorting labour market access.
This practice is promoted by certain employers who violate existing labour laws and continue to undermine established 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, Construction just to name a few,” the Department says.
Sectors in which foreign nationals will not be permitted to participate
The DEL says The National Labour Migration Policy will be complemented by small business intervention and the enforcement of a list of undesirable sectors where foreign nationals cannot be allocated business visas.
This will include changes to the Small Business Act that will restrict foreign nationals from establishing SMMEs and trading in certain sectors of the economy.
Changes in immigration
In addition, the Department of Home Affairs is reviewing the Immigration Act, the Citizenship Act, and the Refugee Act to ensure greater consistency.
“The Home Affairs, Border Management Authority is also getting into action to secure porous borders and to allow for the orderly movement of people and other nationals across ports of entry only.”
Scarce and critical skills
The Department of Higher Education and Training has released a list of scarce and critical skills in high demand to help all institutions 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,” the Department explains.
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How ironic is this…. South Africa’s radical Julius of the EFF not so long ago was screaming for the opening of all borders so that his Brothers can have free access to South Africa. Now he is running around saying that they may not be employed because they are taking away the jobs from rightful South Africans. How two-faced can a man be.