This is how much companies could be fined for hiring undocumented immigrants

Minister Nomakhosazana Meth has presented the Employment Services Amendment Bill (ESAB) to Parliament’s Portfolio Committee on Employment and Labour, citing that the changes are made to put South Africans first. The move follows the department’searlier publication of a notice of its intention to amend the Actto address South Africa’s high unemployment rate, protect migrant workers from exploitation and curb the employment of undocumented immigrants. Employers who fail to comply with the proposed amendments could face stricter penalties from the department of Employment and Labour.

“Illegal immigration must be handled through lawful state enforcement. Vigilantism must be rejected, but the concerns of South Africans must be acknowledged. The Employment Services Amendment Bill is contributing towards exactly that,” saidMeth on Thursday.

Employers may only employ foreign nationals after meeting prescribed conditions, including showing they first attempted to recruit suitably qualified South Africans. Obligations to employers include that they must verity that a foreign national is legally allowed to work in the country, and keep prescribed employment records. Employers who fail to comply with the amendments, especially repeat offenders, will face stricter penalties.

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“These measures are intended to discourage unlawful employment practices and ensure that compliant employers are not placed at a competitive disadvantage,” said Meth. Another amendment that employers have to be careful of is the employment quotas set by the minister. This will basically guide how many foreign nationals can be employed in a company.

“The Bill further empowers the minister of Employment and Labour, following consultation with the Employment Services Board, to determine maximum quotas for the employment of foreign nationals in specific economic sectors, occupational categories or geographical areas. “These determinations will be guided by labour market conditions and published through a transparent Government Gazette process.”

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