Important Update: National Labour Migration Policy and Employment Services Amendment Bill

John Botha
Jun 19
3 min read

South Africa is on the cusp of significant changes in employment law, as the National Labour Migration Policy (NLMP) and Employment Services Amendment Bill (ESAB) have just been referred to Parliament. These developments will have a direct impact on how employers recruit and manage foreign nationals in the workplace.

What Do These Changes Mean for Employers?

The new policy and legislative amendments are designed to prioritise employment opportunities for South African citizens and permanent residents. They introduce stricter controls on the employment of foreign nationals, particularly in sectors such as agriculture, hospitality, tourism, and construction. The changes also place new obligations on employers to prove that no suitable South African candidates are available for certain positions before employing foreign nationals.

Essential Steps for Employers

To prepare for compliance with the NLMP and ESAB, employers should take the following actions:

Conduct Due Diligence on Current Foreign Nationals
- Audit your workforce to identify all foreign nationals currently employed.
- Verify the authenticity and validity of all work permits, visas, and supporting documentation.
- Keep detailed records of all foreign national employees and their documentation.
Ensure All Documentation Is in Order
- Confirm that all necessary legal documents for foreign nationals are up to date and valid.
- Implement a tracking system for visa and permit expiry dates to avoid lapses.
Establish Whether Roles Involve Scarce or Critical Skills
- Assess whether the positions filled by foreign nationals are classified as scarce or critical skills, as defined by government lists.
- Document the justification for employing foreign nationals in these roles.
Develop Skills Transfer Plans
- Create a formal plan for each foreign national employee outlining how their skills and knowledge will be transferred to South African staff.
- Ensure that these plans are practical and regularly reviewed.
Amend Recruitment Policies and Advertising Processes
- Update recruitment policies to require that all vacancies be advertised widely, including through private employment services.
- Maintain records of all advertising efforts and applications received to demonstrate that no suitable South African candidates were available.
- Ensure that the recruitment process is transparent and compliant with the new requirements.
Comply with All Legal Requirements
- Ensure that foreign nationals are employed on terms and conditions that are not less favourable than those offered to South African employees.
- Prepare for increased inspections and enforcement by labour authorities.
- Keep comprehensive records to demonstrate compliance at all times.

How Global Business Solutions Can Assist

Global Business Solutions is ready to help your organisation navigate these changes. Our services include:

Workforce audits and due diligence on foreign national employees
Review and update of documentation and compliance systems
Assistance with recruitment policy amendments and advertising processes
Development of compliant skills transfer plans
Ongoing support to ensure full legal compliance

Next Steps

The NLMP and ESAB signal a new era in employment practices, with a strong focus on empowering South Africans and regulating the employment of foreign nationals. Employers must act now to review their current practices, update their policies, and ensure readiness for these changes.

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