Proposed Employment Services Act Amendments do not Create New Employment Rights for Refugees or Asylum Seekers
The Minister of Employment and Labour, Ms. Nomakhosazana Meth, has noted public commentary and social media discussions regarding the proposed amendments to the Employment Services Act, particularly concerning the definitions of “foreign national”, “refugee” and “asylum seeker”.
The Department wishes to clarify that the proposed amendments do not create new employment rights for refugees or asylum seekers, nor do they remove existing immigration requirements or employment regulations applicable in the Republic of South Africa.
The purpose of the amendments is to ensure that definitions contained in the Employment Services Act are aligned with existing South African legislation, including the Immigration Act and the Refugees Act. The amendments seek to provide greater legal clarity and consistency in the administration of labour market policies and services.
The Department has noted claims circulating on social media suggesting that refugees and asylum seekers will no longer be regarded as foreign nationals or that they will automatically enjoy the same labour market privileges as South African citizens. These claims are incorrect and do not reflect the purpose or effect of the proposed amendments.
What the Employment Services Amendment Bill Seeks to Achieve for South Africans
The Employment Services Amendment Bill is primarily aimed at strengthening the regulation of South Africa’s labour market and ensuring that employment opportunities are better protected and managed in the interests of South African workers. The Bill seeks to improve the effectiveness of public employment services, strengthen compliance with labour legislation, enhance accountability among employers and employment agencies, and support government’s efforts to tackle unemployment.
The proposed amendments will provide government with improved mechanisms to monitor labour market trends, regulate the employment of foreign nationals in line with existing laws, and develop sector-specific measures where necessary, to promote employment opportunities for South African citizens. These measures are intended to ensure that the labour market operates in a fair, orderly and transparent manner while balancing constitutional rights, economic needs and the country’s international obligations.
The Bill also seeks to strengthen the Public Employment Services system to better connect work-seekers with available job opportunities, facilitate skills matching, improve labour market information systems and support government interventions aimed at reducing unemployment, particularly among youth and vulnerable work-seekers.
Importantly, the Bill does not seek to exclude any person from lawful employment. Rather, it seeks to ensure that employment practices are properly regulated, that employers comply with applicable legislation, and that South Africans are afforded meaningful access to available economic opportunities within a regulated labour market framework.
The Employment Services Amendment Bill establishes a framework through which the Minister may, following consultation and due process, determine sectoral or occupational measures where necessary to protect employment opportunities for South Africans while addressing critical skills shortages and labour market needs.
The proposed amendments do not:
Change a person’s immigration status;
Grant citizenship, permanent residence or any immigration benefit;
Remove obligations imposed by immigration legislation;
Require employers to preference refugees, asylum seekers or any other category of non-citizens over South African citizens; or
Alter government’s commitment to prioritising employment opportunities for South Africans .
The amendments merely introduce clearer and more precise definitions for categories already recognised in South African law, including refugees, asylum seekers and permanent residents. These categories remain subject to the legal provisions governing their status and rights under the applicable legislation.
Government remains committed to balancing South Africa’s constitutional, legislative and international obligations with the need to protect and promote employment opportunities for South African citizens.
The Department further wishes to emphasise that the broader objectives of the proposed legislative amendments include strengthening labour market regulation, improving compliance, enhancing the effectiveness of public employment services and ensuring greater accountability within the employment sector.
Members of the public, stakeholders and interested parties are encouraged to study the published Bill and participate constructively in the legislative process through the available public consultation mechanisms.
The Department will continue to provide factual information and clarification to ensure that public discourse on the proposed amendments is informed by the actual contents of the legislation.
