Employment Services Amendment Bill

South Africa currently regulates employment services through the Employment Services Act of 2014. This law sets out the basic framework for how employment in the country is managed, but over time it has become clear that it needs updating — particularly when it comes to foreign nationals working in South Africa. The country has experienced significant shifts in its economic and demographic landscape, meaning more people from other countries are seeking work here, and the existing legal framework has not kept pace with those changes. The 2014 Act also has limited enforcement powers and does not cover all the sectors that need legal protection. On top of that, there has been a growing need to make sure employment law properly lines up with two other key pieces of legislation — the Immigration Act, which governs who may legally enter and stay in South Africa, and the Refugees Act, which deals with people fleeing persecution from other countries. At the moment, these laws do not speak to each other clearly enough, creating gaps and confusion for employers, workers, and authorities alike.

This bill touches a wide range of people and organisations across South Africa.

Ordinary South African workers and job seekers are affected because the bill is partly a response to concerns about how foreign nationals compete for jobs in the local labour market. How the bill manages foreign employment could influence hiring practices and job availability for South African citizens.

Foreign nationals — including economic migrants and refugees — who are working or looking for work in South Africa are directly affected, since the bill introduces structured frameworks specifically governing their employment. Their rights and the conditions under which they can be employed will be shaped by whatever this bill becomes.

Employers and businesses across all sectors will need to understand and comply with the new rules around hiring non-citizens. The bill expands the legal reach of the Employment Services Act into new sectors, meaning businesses that were previously outside the scope of the 2014 Act may now fall under its rules.

Civil society organisations, trade unions, and organised labour bodies are also stakeholders — Parliament is specifically inviting them to submit their views, recognising that this is a matter that affects broad sections of society. Government enforcement bodies will gain broadened statutory powers, meaning they will have stronger legal tools to act against non-compliance.

The Employment Services Amendment Bill proposes several concrete changes to the existing Employment Services Act of 2014.

First and most prominently, it introduces a structured legal framework specifically for regulating the employment of foreign nationals in South Africa. Rather than leaving this area vaguely covered or reliant on other laws, the bill creates dedicated provisions to manage how and under what conditions non-citizens may be employed. This is described as a primary focus of the amendment.

Second, the bill seeks to align the Employment Services Act fully with both the Immigration Act and the Refugees Act. This means that the rules around employing foreign nationals — whether they are here on work visas or as recognised refugees — will be consistent and legally coherent across all three pieces of legislation, closing the gaps that currently exist.

Third, the bill broadens the enforcement powers available under the Employment Services Act. This gives authorities a stronger legal basis to act when employers or others do not comply with the law.

Fourth, the bill expands the legal protections offered by the Act to new sectors that were not previously covered, meaning more workers in more industries will fall under its umbrella.

The Portfolio Committee on Employment and Labour (the parliamentary committee responsible for this area of law) has opened a public comment process, inviting written submissions from citizens, civil society, business, and labour organisations before formal parliamentary debates begin. People who submit written comments can also request to make a verbal presentation at public hearings. Written submissions must be emailed to Mr Zolani Sakasa at employmentservicesbill@parliament.gov.za by no later than Friday, 6 November 2026 at 16:00.

This bill matters to ordinary South Africans because it will legally define how foreign nationals may work in this country — a topic that sits at the heart of ongoing debates about jobs, economic opportunity, and fairness in the labour market. For South African workers, especially those in sectors where competition for jobs is fierce, the structured framework the bill introduces could mean clearer rules about when and how employers are allowed to hire from outside the country.

For foreign nationals and refugees already living and working in South Africa, this bill will shape their legal rights and protections in the workplace. A law that properly aligns with the Refugees Act, for example, could mean better protection for people who are in South Africa lawfully but have historically fallen through the cracks of employment law.

For employers, the expansion of enforcement powers means the stakes of non-compliance are higher. Businesses that may have operated in grey areas when it comes to hiring foreign workers will need to take the new rules seriously.

Perhaps most importantly, this is a moment where ordinary people can actually influence what the law says. Parliament is asking for public input before the bill is finalised, which means that community members, workers, business owners, and civil society groups all have a real opportunity to shape legislation that will affect the country's labour market for years to come. If people do not engage now, the law will be made without their voices.