New laws coming after households employing domestic workers in South Africa, with threats of R100,000 fines
New restrictions and harsh penalties for hiring illegal foreign nationals, including households that employ them as domestic workers, are now being processed by parliament.
The Portfolio Committee on Employment and Labour has formally received the proposed Employment Services Amendment Bill, initiating the process to put the proposals into law.
The proposed laws were gazetted at the end of May after receiving Cabinet approval for introduction to Parliament.
Broadly, the bill aims to tighten enforcement against the employment of undocumented foreign nationals in the country and forms part of the government’s response to illegal immigration.
It wants to close “loopholes” in the current labour laws, establish a legislative framework for labour migration, and protect jobs for South Africans by setting sector-specific quotas for foreign employment.
However, as part of this process, the bill also proposes steep penalties for employers in the country who step outside the upcoming boundaries.
Most notably, the bill proposes hitting employers hiring illegal foreign workers with a R100,000 fine for first offenders.
However, this penalty can escalate to up to R1 million or even jail time if employers continue to disregard the country’s employment laws.
The bill applies to all employers, including private households.
This means any homeowners who employ domestic workers without the legal right to work in South Africa could face significant penalties.
Under the proposed framework, a first offence would attract a fine of R100,000 per undocumented worker.
A second offence within three years would result in a R200,000 fine per worker, while multiple or ongoing violations could lead to penalties of up to R1 million.
Notably, employing undocumented foreign nationals is already a criminal offence under Section 38 of the Immigration Act and can result in imprisonment.
To avoid penalties, employers must ensure that foreign domestic workers have valid passports and the appropriate visas or permits authorising them to work in South Africa.
Public consultations coming next
According to Labour Committee chair Boyce Maneli, the committee will carry the bill forward, addressing various concerns that have already been raised.
He noted that members of the committee have already discussed mechanisms to regulate the employment of foreign nationals while protecting opportunities for South African citizens.
The implementation of quotas and proposed penalties for non-compliant employers has also already been put on the table for discussion.
Key to this is the question of enforcement, with the members raising the need for stronger coordination between the Labour Department, the Department of Home Affairs and law-enforcement agencies.
The department told the committee that the bill would strengthen labour-market regulation by enhancing enforcement powers.
It added that the proposed amendments are also intended to improve compliance with labour laws, address worker exploitation, and create a more orderly labour-migration system.
The proposed laws will now move into the next stages of the legislative process, which will include inviting written public submissions on the bill.
The committee will consider all submissions received during the public participation process before deliberating on the bill and advancing it through the remaining parliamentary stages.
Organised labour, business, civil society organisations, members of the public and other interested stakeholders have all been encouraged to participate in the forthcoming public participation process.
The full draft bill can be read below:
Loading ...