CHIEF DIRECTORATE OF COMMUNICATION

VOIEAV I-unos 30 onenaau Jnoqe-l :wawuedaa unoqel (O).

Presentation outline. 1. Road Map 2. Vision 3. Rationale for the NLMP 4. Migration context 5. Guiding principles 6. Four Key Intervention Areas 6 .1 . Labour migration governance and management 6 .2 . Data for NLMP monitoring and evaluation 6 .3 . Labour migration to South Africa 6 .4 . Labour migration.

Presentation outline. 7 . Employment Service Amendment Bill 7.1. Quotas to employ foreign nationals 7.2. Regulation and enforcement 8 . Conclusions 9. Comments and Enquiries.

1. NATIONAL LABOUR MIGRATION POLICY(NLMP ) ROADMAP.

2 . NLMP VISION. To give rise to efficient and effective Government leadership and intervention, supported by social partners and all major stakeholders, allowing for safe, orderly and regular migration for employment of highly, semi- and low-skilled workers to and from South Africa, in pursuit of the country’s national priorities..

3.RATIONALE. STAKEHOLDER CONSULTATIONS. 6. South Africa’s labour migration policy aims to achieve a balance between: SA population expectations South Africa’s labour market needs Protection of migrant workers and their families Regional integration and cooperation imperatives Address insufficient and absent policy frameworks Inform appropriate legislative framework I nform the reconsideration of the current bilateral labour agreements.

4 .Migration context. Previous policy frameworks established before 1994 Large influx of undocumented migrants. Concentration of Migrants in informal sector. Several legal and policy responses across government departments.

5. Guiding principles. Alignment with international and regional obligations Alignment with national policy frameworks Alignment with constitutional framework Alignment with national legislation and new adjustments.

6. Four Key Intervention areas of the NLMP. (1) Labour migration governance and management (2) Data for NMP monitoring and evaluation (3) Labour migration to South Africa (4) Labour migration from South Africa.

6.1.1. Labour migration governance and management challenges.

6 .1.2. Labour Migration Governance and M anagement benefits.

6.2.1. Labour migration data challenges. Labour migration data Labour migration data are scattered across a range of departments and agencies There is no functional Labour Market Information System No institution or organisation that collects and analyse existing labour migration data on a regular basis.

6 .2.1 Labour migration data benefits. Improved Data collaboration between institutions involved in labour migration Improved Data collection and alignment with international standards and better understood by all users Reliable labour migration data will be available to inform, implement and monitor policy interventions.

6.3.1. Labour migration to South Africa challenges.

6.3.2. Labour migration to South Africa benefits.

6.4.1. Labour migration from South Africa challenges.

6.4.2. Labour migration from South Africa benefits.

7 . Employment Service Amendment Bill. Employment Services Amendment Bill (ESAB) provides a policy framework and the legal basis to regulate the extent to which employers can employ foreign nationals in their establishments where needed while protecting the rights of migrants . The Bill’s framework seeks to balance these factors taking into account – constitutional rights, including fair labour practices the impact on labour standards and the rights of SA workers the training of SA workers and the availability of critical skills.

7.1. Key features of the ESAB. The proposed amendment bill provides for: – Clarification of definition of foreign nationals Coverage of employers and other workers Proposals to permit development and publication of quotas Enhanced regulatory functions for DEL in respect of the employment of foreign nationals Strengthened enforcement Administration of Supported Employment Enterprises.

7.2. Quotas on employment of foreign nationals. The Minister will be empowered to set national or regional quotas for the employment of foreign nationals in any sector or occupational category A foreign national is any person other than a citizen, permanent resident or refugee A quota may be set after consultation with Employment Services Board and publication for public comment The Bill makes provision for criteria to set targets to also take into account the availability of requisite skills among South African workers A quota, once set, may be exceeded to obtain critical skills if exemption is issued by the DEL in accordance with prescribed criteria. Quotas will apply to employees (as defined in BCEA) and workers (as defined in NMWA), including platform workers Quotas will be for a specified period and subject to periodic review.

7.3. Regulation and enforcement. In order to implement the NLMP, the regulatory powers of the DEL would be extended to cover – recruitment and placement of persons residing outside of SA to work in South Africa; the recruitment of South Africans to work in other countries; reintegration of the South African diaspora into the domestic economy Provision is made for improved enforcement by- extend the power of labour inspectors to enter workplaces to deal with the unlawful employment of foreign nationals, by agreement between Minister and Minister of Home Affairs breaches of the provisions in respect of the employment of foreign nationals in the Bill will be punishable by fines imposed by the Labour Court.

8 . Conclusions. Absence of a streamlined policy framework will perpetuate : A fragmented and inconsistent approach to labour migration Non-aligned institutional frameworks Irregular labour migration Non-acquisition and -retention of critical skills Insufficient regulatory frameworks, e.g., regarding recruitment; and The absence of a framework for supporting and channelling South Africans in the diaspora or wanting to work abroad Members of public to actively provide comments on the Draft NLMP..

9 . Submission of Comments and Enquiries. Interested parties are invited to submit written comments on the proposed NLMP and ESAB by no later than 31 st May 2022 by : - (a) Emailing comments to: NLMP@labour.gov.za (b) Enquiries to: Esther.Tloane@labour.gov.za Mantombi.Bobani@labour.gov.za.

9.1. Enquiries at Provincial Level. EC- Nomfundo Douw-Jack -Nomfundo.Douw-Jack@labour.gov.za FS-Emily Maneli - Emily.Maneli@labour.gov.za GP- Tshepo Mokomatsidi - Tshepo.Mokomatsidi@LABOUR.gov.za KZN-Thembi Nene-Thembi.Nene@labour.gov.za LP- Phaswane Tladi - Phaswane.Tladi@labour.gov.za MP-Margaret Mazibuko- Margaret.Mazibuko@LABOUR.gov.za NW- Boikie Mampuru-Boikie.Mampuru@labour.gov.za NC- Zolile Albanie Zolile.Albanie@labour.gov.za WC_ Mawele Ntamo- Mawele.Ntamo@labour.gov.za.

Thank You …. 25. SECRET.