Stiff penalties lie ahead for employers hiring foreign nationals who do not have the requisite work permits, a meeting of the Select Committee on labour and public enterprises was told in Cape Town on Tuesday.
Sam Morotoba, acting Director-General of the Department of Labour, was giving a presentation to the committee on the objects of the Employment Services Bill ahead of its tabling at the National Council of Provinces on Thursday.
He said employers should be reminded that they cannot hire anyone without the necessary documents from the Department of Home Affairs as the Bill seeks to protect the employment conditions and opportunities for South African citizens and permanent residents.
The Bill reinforces the Immigration Act. He said employers should know that if they are caught, they will face heavy fines. Morotoba said the Minister of Labour is empowered to make regulations setting out the procedures that must be undertaken before employing foreign nationals and in appropriate circumstances, require the preparation of skills transfer plans for positions being occupied by non-citizens.
The Bill also prohibits an employer from requiring foreign national to perform work not authorised in terms of the work visa. In terms of the Bill, the Minister is empowered to make regulations for the reporting and registration of existing or new vacancies by employers with the Public Employment Services.
The Bill further provides for the registration of private employment agencies. Such agencies are however, prohibited from charging work seekers any fees for services rendered except in the case of specific categories.
In his opening remarks, Morotoba said the Bill seeks to contribute to the government’s objectives of more jobs, decent work and sustainable livelihoods.
