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Nxesi Rolls Out New Employment Act That Will Favour Foreign Nationals & Disadvantages Employers

The Department of Labour minister Thulas Nxesi has proposed four new adjustments for foreign workers.

The changes to the current Employment Services Act involve quotas, Immigration Act changes, protection of migrant workers and their families, and critical skills. In terms of quotas, the proposals aim to remove the stigma that foreign workers are distorting the labor market. The change will enforce a maximum number of documented foreign nationals that can be employed in major economic sectors. The changes to the Immigration Act are an attempt to allow people to move across borders in an orderly fashion.

The Department of home affairs and its border management are making means to secure borders and allow people to orderly move in and out of the country and also other nationals across ports of entry. These initiatives will be implemented within the context of its regional integration and cooperative imperatives that have already been agreed on by the Southern African Community and at African Union levels. Labour Minister Thulas Nxesi and a team of inspectors raised their concerns about illegal recruitment processes when hiring foreign nationals living in the country. Some of these cases are being taken advantage of by employers who do not want to do the right thing. These foreigners are working but have no benefits or pension fund for retirement or even UIF benefits.

The minister said he saw companies take advantage of undocumented workers by subjecting them to inferior labor standards. Foreign workers are not covered by social protection measures such as the Unemployment Insurance Fund, the Pension Fund, and the Compensation Fund. These practices are illegal and unacceptable and it is something that occupies everyone daily in the department. Foreign workers have been increasingly targeted by political parties and vigilante groups in recent weeks. Many have been ordered to leave the country by vigilantes who have no authority to deport people. The proposals are however subject to the acceptance of Cabinet and will be added into the act by the end of March if the adjustments are approved.

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Department Department of Labour Immigration Act Nxesi Thulas Nxesi


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