The Minister of Employment and Labour in South Africa (“Minister“) has recently published three important legal developments affecting South African employers and employees – the Draft National Labour Migration Policy and Employment Services Amendment Bill, the Code of Practice for Managing Exposure to Sars-CoV-2 in the Workplace 2022, and the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace.
The Draft Bill is currently open for public comment and aims to amend the Employment Services Act, as set out below.
Employment of foreign nationals
The main thrust of the proposed changes includes the Minister’s right to set maximum quotas for the employment of foreign nationals as employees or workers in any sector. The Minister may set a quota to apply by sector, occupation, region or nationally. An employer will only be entitled to exceed this maximum quota if they have applied for and been granted an exemption, or if the foreign national fills a position for which critical skills are required.
The Draft Bill entitles the Minister to make regulations regulating the employment of foreign nationals, including:
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