POST Online Media Lite Edition



 

South Africa labour department expresses concern at illegal recruitment practices

Christian Fernsby |
The Department of Employment and Labour (DEL) has noted with concern, illegal recruitment practices in the labour market.

Article continues below



Topics: SOUTH AFRICA   

“The department can attest that there are illegal recruitment practices happening. There are some employers who continue to employ especially undocumented foreign nationals and citizens who continue to be subjected to inferior labour standards," the department said in a statement.

Some employers do not declare them in their books and do 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."

The DEL reiterated that the rights of all workers within the Republic of South Africa are enshrined in the Constitution and all labour laws accord the same standards and rights to citizens as well as foreign nationals employed elsewhere in the country.

The department said it had identified a gap in the general understanding and knowledge of services and programmes it provides, more especially since the matter on employment of foreign nationals in South Africa featured extensively in the media recently.

New National Labour Migration Policy

To address these challenges, the department has since developed a new National Labour Migration Policy and proposed amendments to the existing Employment Services Act.

The proposals will be released for a three-month public comment process before the end of February/March 2022 if Cabinet approves the Department’s submission.

The social partners at National Economic Development and Labour Council (Nedlac) will also be afforded the opportunity to adjust the Policy and the Bill during May/June before submission to Parliament.

On policy interventions to assist the department in migration management, South Africa’s National Labour Migration Policy (NLMP) aims to achieve a balance in four major complex areas.

The first is to address the South African population expectations regarding access to work for South Africans, given the worsening unemployment and perception or views that foreign nationals especially those who are undocumented, are distorting labour market access.

“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, construction just to name a few,” the department said.

The department said 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 Small, Medium-sized and Micro Enterprises (SMMEs) and trading in some sectors of the economy.

The Department of Home Affairs is also reviewing the Immigration Act, the Citizenship Act and the Refugees Act to ensure more alignment. 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.

Secondly, the Department of Higher Education and Training has released scarce and critical skills in high demand to provide guidance to all institutions to prioritise education and training interventions in those areas.

The department said 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 said.

Thirdly, 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,” the department said.

Lastly, the department said South Africa will also implement these initiatives within the context of its regional integration and cooperation imperatives that have already been agreed to at the Southern African Development Community (SADC) and African Union levels.

The department says the Employment Services Act, Act No 4 of 2014, Sections 8 and 9 are very specific in terms of the roles of the department working with Home Affairs, in managing the employment of foreign nationals.

“The ES Act compliments the Immigration Act 2002, in that it prohibits an employer from employing a foreign national in the territory of the Republic of South Africa prior to such a foreign national producing the applicable and valid work visa issued by the Department of Home Affairs. Section 9 provides for a list of prohibited acts in respect of foreign nationals, the offences and the applicable fines,” the department said.

The Immigration Act 2002, Regulations require or prescribe that the DEL Public Employment Services and Inspection and Enforcement Services branches must issue benchmarking certificates that serve as a positive or negative recommendation to Home Affairs for the following work visa types:

Business Visa: S (15) Regulation 14(4)

General Work Visa (GWV): S (19)(3) Regulation 18 (3)

Corporate Visa (Cor. V)-for group applications: s (21); Regulation 20(1)

The Minister of Employment and Labour Thulas Nxesi said that all applications for the department’s recommendations are processed through online systems and any employer can also approach any of the department’s 126 Labour Centres and more than 435 visiting points across the country.

“I would like to reiterate that, the only people who are well trained and have the legal mandate to enforce compliance with the labour laws are the department’s Inspectors,” the Minister said.

The DEL continues to play a significant role in reducing unemployment, poverty and inequality through a set of policies and programmes developed in consultation with social partners, which are aimed at:

Improved economic efficiency and productivity

Employment creation

Sound labour relations

Eliminating inequality and discrimination in the workplace

Alleviating poverty in employment

“The DEL will always strive for a labour market that is conducive to investment, economic growth, employment creation and decent work,” the department said.


What to read next

Slovakia to deal with shortage of labour by employing foreigners
China: Solar panel industry depends on Uyghur forced labour
Latin American and Caribbean unemployment to rise

U.S.: Wet travel conditions for east, snow and wind for Pacific northwest and Rockies

 
On Sunday, low pressure over the Western Ohio Valley will move northeastward to Southeastern Canada by Monday.
 
 

Latest

WhatsApp data leak puts 487m records for sale
U.S. allows resumption of limited oil extraction by Chevron in Venezuela
Unthinkable happened: Protesters in China talk about Tiananmen, shout 'Xi Jinping, step down! We want freedom!'
First all-cargo route opens in China's first professional cargo hub airport

NEWS

Death toll from Indonesia's earthquake rises to 318

Belarusian foreign minister dies at the age of 64
Myanmar seizes happy water, large quantity of drugs
Indian space agency launches satellite jointly developed with Bhutan
Cyber financial crime: $130 million intercepted in INTERPOL police operation
Italy: EPPO seizes €24 million in investigation for tax evasion on imported fuels
 

BUSINESS

Venezuela recovers billions in blocked resources after signing agreement with opposition

Third runway at Hong Kong International Airport officially commissioned
Hengqin Line's landmark undersea tunnel connects Guangdong, Macao
EirGrid and RTE sign technical and financial agreements for Celtic Interconnector
Zuunbayan-Khangi railway set to deliver major boost to Mongolian exports and economy
Europe pours billions into Serbian Belgrade-Niš rail line
 

Trending Now

France, Germany sign joint declaration on energy solidarity

Cyber financial crime: $130 million intercepted in INTERPOL police operation

U.S.: Wet travel conditions for east, snow and wind for Pacific northwest and Rockies

WhatsApp data leak puts 487m records for sale


POLITICS

France, Germany sign joint declaration on energy solidarity

Ukrainan president announces launch of Grain from Ukraine program
U.S. bans Huawei, ZTE equipment over security risk
U.S. excludes oil for Japan from Russia's Sakhalin-2 from price cap
$15 million fast-tracked to fix roads in central and western NSW
New York Governor: Shop locally on Small Business Saturday
 

Today We Recommend

Unthinkable happened: Protesters in China talk about Tiananmen, shout 'Xi Jinping, step down! We want freedom!'


Highlights 

BMW invests EUR2 billion in Hungarian plant, will create 500+ jobs

Veon to unload Russian operations for $2.1 billion

SSE to sell 25% stake in transmission network arm for £1.5bn


COMPANIES

Commission clears ALD's acquisition of LeasePlan, subject to conditions

BMW invests EUR2 billion in Hungarian plant, will create 500+ jobs
Phantom Space gets four new NASA task orders
Gascade completes first LNG link to German gas network
Veon to unload Russian operations for $2.1 billion
Amazon workers called to strike across globe on Black Friday
 

CAREERS

1NCE expands leadership team in Europe and Asia-Pacific

Walt Disney fires CEO Bob Chapek, returns Robert A. Iger
Appian appoints Silvio Lima as head of corporate affairs
Appia Rare Earths appoints Irvine R. Annesley as vice president
Charwood Energy appoints Pierre-Yves Lefebvre as CFO
Moon Surgical appoints Mark Toland as director
 

ECONOMY

Abu Dhabi GDP expands 11.2pc in H1 on robust non-oil activities

German economy grows more than initially estimated in Q3
Poland: Retail sales record slowest growth since February in October
Russia: Decline in industrial activity softens in October
Argentina: Merchandise exports decline in October
Argentina: Economic activity growth drops to six-month low in September
 

EARNINGS

Natuzzi Q3 revenue increased 14.5%

CMA CGM Q3 revenue $19.9 billion
G. Willi-Food Q3 sales increased by 16.6%
Deere Q4 net income $2.246 billion
Nordstrom Q3 net loss $20 million
VMware Q3 revenue $3.21 billion
 

OP-ED

Micromanaging is the worst enemy of efficiency and teamwork

Niger set to monetize massive gas reserves through Saharan natural gas pipeline
Putting the brakes on EV folly that choked the market
Oil discovery in Kavango Basin may mean huge benefits for Namibians
Cape Town and Dubai battle over Africa's energy future
Is America going to lose its superpower status?
 

AGRIFISH

UK reaches deal with Norway to secure opportunities for UK fishing industry

Bulgaria and Germany will receive substantial funding from EU for maritime affairs, fisheries, aquaculture by 2027
Authorities introduce Swiss-wide anti-bird flu measures
Ghana: African Development Fund approves $27.9m grant for Savannah Agriculture Value Chain Development Project
Maine delegation and Governor Mills urge national retailers to continue selling Maine lobster
Uruguay will be able to export sorghum to China for human and animal consumption
 

LEADERSHIP

Women buy from women, men buy from women and men

How employee opinion impacts CEO dismissal
Keeping it in family can be good news when it comes to CEOs
Over a third of office workers are hybrid 'misfits'
Proxy advisers have inherent incentive to create controversy, study shows
Established employees need adjustment period with new work colleagues
 

CRIME

Ukraine fines Engie, Shell subsidiaries over Nord Stream 2

New Zealand fines Southland fishing company $40,000
Italy's antitrust fines Edison Energia 3.8 mln euros over unfair practices
FTC secures monetary judgment in deceptive energy savings claims case
Croatian Competition Agency fines dairy processing company PIK Rijeka $13,740 for imposing unfair trading practices
SEC charges S&P Global Ratings with conflict of interest violations
 

Magazine

TRAVEL

Candlewood Suites Hotel opens in Aberdeen, Md.

Mount Roraima, Venezuela, 7,671 feet above the forest floor
Llao Llao Resort, an exclusive resort in the middle of nowhere
Abu Dhabi welcomes visitors to discover experiences at their own pace
Christmas Nights of Lights started in Indiana
Okinawa International Carnival, a parade of unique foreigners groups
 

SEA, LAND, AIR

New colorful Porsche 718 Style Edition models

2023 Toyota Prius Prime, solar panel roof and reliability
Volvo EX90, a car with updates
Cessna Citation CJ4 Gen2 jet, pursue your business goals while enjoying journey
GMC first Sierra EV marks turning point
BMW M2, fast beast in small package
 

DESIGN

Patchwork carpets, vintage Persian carpets made with unparalleled skill

Real life wallpapers, perfectly executed
A. Lange & Söhne, men's watches with true Saxonian DNA
Nella Vetrina, luxurious Italian designers bathroom vanities and furniture
Karastan rugs, durable and beautiful
Leather bags for every occasion and every life style
 

GADGETS

Take Elektor Fortissimo and make your own high-end amplifier

RangeXTD, a Wi-Fi extender that actually works
Monitor II A.N.C. headphones, iconic Marshall sound
Zebra TC15, a clever mix of a mobile phone and a computer for business use
Bathroom speakers will make your relaxing even better
NAD 399 amplifier, highly efficient and remarkably powerful
 

HEALTH

Ibuprofen and similar NSAIDS can be associated with hastened progression of osteoarthritis symptoms

Virgin Islands community encouraged to prevent antimicrobial resistance
Shionogi seeks Japan approval for COVID-19 vaccine
French doctors warn of antibiotics shortage
Merck's Keytruda shows survival benefit, meets main goal of gastric cancer trial
UK about fake vape factories: Consumers would be horrified if they saw the conditions in Chinese factories
 

MEANTIME

New European supercomputer inaugurated in Italy

European Space Agency presents new generation of astronauts
NASA selects Rocket Lab to launch TROPICS mission
World's heaviest flying bird heals itself with plants used in traditional medicine
James Webb Space Telescope reveals an exoplanet atmosphere as never seen before
U.S. to demolish four dams in river restoration effort