- Employers would have to prove that suitably qualified South Africans cannot fill a vacancy before hiring a foreign national.
- The Bill introduces sector quotas, mandatory skills transfer plans, equal employment standards and stricter compliance duties.
- Written submissions close on 6 November 2026 and must be sent to Parliament’s Portfolio Committee on Employment and Labour.
South African employers have until 6 November 2026 to comment on a proposed labour law that could fundamentally change the way foreign nationals are recruited and employed.
The Employment Services Amendment Bill would require employers to demonstrate that no suitably qualified local worker is available before appointing a foreign national. It also introduces sector quotas, compulsory skills transfer plans, stricter verification of work authorisation and much heavier penalties for businesses that repeatedly fail to comply.
For employers, the Bill is less about immigration and more about rewriting the rules of recruitment, workforce planning and workplace compliance.
Local recruitment comes before international hiring
The Bill puts South African job seekers at the centre of every recruitment process involving foreign nationals. Before filling a vacancy with a foreign worker, an employer must be satisfied that there are no suitably skilled people in South Africa available for the position.
In practice, businesses may need to show that genuine efforts were made to recruit locally before looking beyond the country’s borders.
Skills transfer becomes compulsory
Employers would also need to prepare a skills transfer plan for any roles filled by foreign nationals. The proposal aims to ensure that specialist knowledge and experience are passed on to South African workers, rather than staying with just one employee.
The Minister of Employment and Labour may grant exemptions for certain categories of employers if the requirement is impractical.
Government gains power to introduce quotas
Another significant change would give the minister the power to set maximum quotas for foreign nationals in specific industries, occupations or regions.
Any proposed quota would need to be published for public comment and considered by the Employment Services Board before being put into effect. Small businesses with fewer than ten employees would generally be excluded.
Equal treatment becomes the legal standard
The Bill would prohibit employers from offering foreign nationals employment conditions that are less favourable than those offered to South African employees doing similar work.
This is meant to protect labour standards and prevent businesses from using migrant labour to undercut wages or working conditions.
Document verification becomes mandatory
Employers would have a legal responsibility to verify that every foreign national is entitled to work in South Africa before they start employment.
Businesses must also keep copies of visas, permits and any other documents proving an employee’s legal authorisation to work, making record-keeping a central compliance obligation.
Labour inspectors receive stronger powers
The proposed amendments would expand the authority of labour inspectors to monitor and enforce compliance with the Employment Services Act.
Inspections could now cover recruitment practices, work authorisation documents, skills transfer obligations and other duties created by the Bill.
Repeat non-compliance could cost millions
The Bill introduces a much tougher penalty regime for employers who repeatedly break the law. A first offence could result in a fine of up to R100 000, rising to R200 000 for a second offence within three years. Employers with repeated violations could face the greater of R1 million or 10 percent of annual turnover.
How to submit comments
Written submissions on the Employment Services Amendment Bill must reach the Portfolio Committee on Employment and Labour by 6 November 2026. Submissions should be addressed to Mr Zolani Sakasa and emailed to employmentservicesbill@parliament.gov.za.
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