{"id":563364,"date":"2022-02-28T13:24:09","date_gmt":"2022-02-28T11:24:09","guid":{"rendered":"https:\/\/businesstech.co.za\/news\/?p=563364"},"modified":"2022-02-28T13:24:09","modified_gmt":"2022-02-28T11:24:09","slug":"south-africa-announces-quota-system-for-foreigners-what-you-should-know","status":"publish","type":"post","link":"https:\/\/businesstech.co.za\/news\/business\/563364\/south-africa-announces-quota-system-for-foreigners-what-you-should-know\/","title":{"rendered":"South Africa announces &#8216;quota system&#8217; for foreigners &#8211; what you should know"},"content":{"rendered":"<p>For the first time in the history of South Africa, the government has formulated a comprehensive National Labour Migration Policy (NLMP), says Employment and Labour minister Thulas Nxesi.<\/p>\n<p>In a media briefing on Monday (28 February), Nxesi said the policy has been researched extensively and benchmarked internationally for best practice.<\/p>\n<p>&#8220;It has become increasingly apparent, with the rapid expansion of international migration flows that South Africa needs to develop appropriate policy effectively to manage this,&#8221; the minister said.<\/p>\n<p>&#8220;South Africa is not immune to international migration trends as well as attempts to exploit this for political gain. Our response is to develop an effective NLMP.&#8221;<\/p>\n<p>Nxesi said the proposed National Labour Migration Policy aims to achieve a balance across four areas:<\/p>\n<ul>\n<li><strong>Jobs: <\/strong>The first is to address South Africans\u2019 expectations regarding access to work opportunities, given worsening unemployment and the perception that foreign nationals are distorting labour market access, said Nxesi. &#8220;The NLMP, together with proposed legislation, will <strong>introduce quotas on the total number of documented foreign nationals with work visas that can be employed<\/strong> in major economic sectors such as Agriculture, Hospitality and Tourism, Construction etc.&#8221;<\/li>\n<\/ul>\n<ul>\n<li><strong>Small business: <\/strong>The NLMP will be complemented by Small Business intervention and enforcement of <strong>a list of sectors where foreign nationals cannot be allocated business visas<\/strong> and amendments to the Small Business Act to limit foreign nationals establishing SMMEs and trading in some sectors of the economy.<\/li>\n<\/ul>\n<ul>\n<li><strong>Borders: <\/strong>The Department of Home Affairs is also reviewing current legislation and strengthening the Border Management Authority to <strong>secure porous borders<\/strong> and to allow for the orderly movement of people and other nationals through ports of entry only.<\/li>\n<\/ul>\n<ul>\n<li><strong>Inspections: <\/strong>Nxesi said his department, together with all relevant authorities, will step up inspections to <strong>enforce existing labour and immigration legislation<\/strong>.<\/li>\n<\/ul>\n<hr \/>\n<p><strong>New laws proposed<\/strong><\/p>\n<p>The National Labour Migration Policy goes hand in hand with a proposed Employment Services Amendment Bill.<\/p>\n<p>This will provide a policy framework and the legal basis to regulate the extent to which employers can employ foreign nationals in their establishments while protecting the rights of migrants, Nxesi said.<\/p>\n<p>The proposed amendments to the Employment Services Act aims to limit the extent to which employers can employ the number of foreign nationals in possession of a valid work visa in their employment and codifies the obligations of an employer engaging foreign workers to amongst others:<\/p>\n<ul>\n<li>Only employ foreign nationals entitled to work in terms of the Immigration Act, the Refugees Act or any other provision;<\/li>\n<\/ul>\n<ul>\n<li>Ascertain the foreign national is entitled to work in the Republic in the relevant position;<\/li>\n<\/ul>\n<ul>\n<li>Satisfy themselves that there are no South Africans with the requisite skills to fill the vacancy;<\/li>\n<\/ul>\n<ul>\n<li>Prepare a skills transfer plan, where appropriate;<\/li>\n<\/ul>\n<ul>\n<li>Employ foreign nationals on the same terms as local workers;<\/li>\n<\/ul>\n<ul>\n<li>Retain copies of relevant documentation.<\/li>\n<\/ul>\n<p>&#8220;The proposed Amendment Bill proposes a framework that will enable the Minister to set quotas for employment of foreign nationals,&#8221; Nxesi said.<\/p>\n<p>&#8220;A quota may apply in respect of a sector of the economy, an occupational category or a geographical area. The Minister will establish a quota in a sector after consultation with the Employment Services Board and after considering public comments.&#8221;<\/p>\n<hr \/>\n<p><strong>Read: <a href=\"https:\/\/businesstech.co.za\/news\/finance\/563260\/the-average-take-home-pay-in-south-africa-right-now-9\/\" target=\"_blank\" rel=\"noopener\">The average take-home pay in South Africa right now<\/a><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"<p>For the first time in the history of South Africa, the government has formulated a comprehensive National Labour Migration Policy (NLMP), says Employment and Labour minister Thulas Nxesi.<\/p>\n","protected":false},"author":10,"featured_media":332875,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[9872],"tags":[26],"class_list":["post-563364","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-business","tag-headline"],"_links":{"self":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/563364","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/users\/10"}],"replies":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/comments?post=563364"}],"version-history":[{"count":6,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/563364\/revisions"}],"predecessor-version":[{"id":563380,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/563364\/revisions\/563380"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/media\/332875"}],"wp:attachment":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/media?parent=563364"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/categories?post=563364"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/tags?post=563364"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}