Trade unions and economists have welcomed the government’s tabling of the Employment Services Amendment Bill, while warning that its success will depend on effective enforcement, skills development and protecting the rights of all workers.
The Bill seeks to regulate the employment of foreign nationals, strengthen enforcement and align the Employment Services Act with immigration and refugee legislation. It is still subject to the parliamentary process and public participation.
The Congress of South African Trade Unions (Cosatu) said it had engaged extensively on the Bill at Nedlac and looked forward to its consideration and adoption by Parliament, as well as its implementation by the Department of Employment and Labour.
“The Bill provides a long-overdue response to the employment of undocumented migrant labour in the economy. It enables the Minister of Employment and Labour to set limits on the number of documented migrant workers who may be employed in a workplace, region, economic sector or profession,” Cosatu said.
Cosatu said such limits were important for an economy facing high unemployment.
“We have seen countless unscrupulous employers, particularly in agriculture, at fuel stations, restaurants and construction, among other sectors, exploiting the desperation of undocumented migrant labour. Their vulnerability exposes them to severe exploitation,” Cosatu said.
The union added that the Bill affirmed the labour rights of all workers, regardless of their nationality, and increased penalties for employers who broke the law.
South African Federation of Trade Unions (SAFTU) said that it supports the objectives of regulating labor migration, protecting employment opportunities, and preventing employers from exploiting migrant workers.
“Our support for the Bill's objectives does not constitute an unconditional endorsement of every provision or any quota subsequently proposed. Our position is rooted in a fundamental principle: South African and migrant workers must not be pitted against one another while employers profit from low wages, insecurity, and division.”
SAFU added that legislation achieves little when the state lacks the capacity or determination to enforce it.
Riefdah Ajam, the Federation of Unions of South Africa (Fedusa) general secretary, said the federation welcomed the Bill as an important step towards improving access to employment, skills development and labour rights while addressing unemployment and inequality.
“We believe South Africans should be prioritised for employment opportunities, particularly given the country’s high unemployment rate,” Ajam said.
Fedusa also supported stronger accountability for employers who knowingly employed undocumented workers to bypass labour laws, suppress wages or exploit vulnerable workers.
Independent economist Ulrich Joubert said people came to South Africa because they believed job opportunities were available here, while opportunities were more limited in their countries of origin.
“In many instances, they are prepared to work for salaries lower than those that local workers are prepared to accept. Migrants often come to South Africa prepared to do any type of work,” Joubert said.
Professor Simphiwe Madikizela, a senior lecturer in economics at Unisa’s School of Graduate Business and Leadership, said the finalisation of the Bill should be fast-tracked.
“Once it is signed into law, close monitoring and accelerated implementation will be important in assessing its impact over time,” Madikizela said.
He said the Bill could contribute to reducing unemployment but would not be a “silver bullet”.
“Collaboration among all stakeholders and role-players cannot be overemphasised,” he said.
Madikizela said the Bill was significant because South Africa was experiencing exceptionally high unemployment while the economy was not creating jobs quickly enough to absorb new entrants into the labour market.
“Against this background, it is understandable that the government wants to ensure that South Africans are given a fair opportunity to access available employment,” he said.
Madikizela concluded that companies that employed foreign workers because of genuine skills shortages should be encouraged to transfer skills, train South Africans and develop a pipeline of local workers.
yogashen.pillay@nationalmg.co.za