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Labour Department proposes ‘quota system’ for foreign job seekers

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Minister of Employment and Labour Thulas Nxesi says his department is proposing the National Labour Migration Policy aimed at giving South Africans access to work opportunities.

The Labour Department says there is a perception that foreign nationals are distorting labour market access. This comes as truck drivers have embarked on several protests regarding foreign nationals being employed in the freight industry.

Nxesi says this proposed legislation will introduce quotas on the total number of documented foreign nationals with work visas that can be employed in major economic sectors.

“We must try and regulate how you bring in the foreigners because what has happened the labour market has been distorted by the employers who decide that they are going to undermine every law and decide to bring in the workers at the lower rates without basic benefits, basic conditions of employment are not there. We are trying to correct that and as a result, sometimes this is displacing in some areas some of the South African workers,” says Nxesi.

Govt formulates laws to regulate access to work opportunities:

The Labour Department says the proposed legislation sets out a framework that enables him to set quotas for employment of foreign nationals within South Africa.

Nxesi says, “A quota may apply in respect of a sector of the economy, an occupational category or a geographical area.”

Other things considered in the proposed legislation included:-

  • Only employ foreign nationals entitled to work in terms of the Immigration Act, the Refugees Act or any other provision;
  • Ascertain the foreign national is entitled to work in the Republic in the relevant position;
  • Satisfy themselves that there are no South Africans with the requisite skills to fill the vacancy;
  • Prepare a skills transfer plan, where appropriate;
  • Employ foreign nationals on the same terms as local workers;
  • Retain copies of relevant documentation.

 Truck drivers embark a strike due to employment of foreign nationals

Additional reporting: Bongisipho Magcaba

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