Labour Department introduces Job Reservation Bill to prioritise local workers

The Labour and Employment Department has introduced a Job Reservation Bill in Parliament aimed at prioritising local employment as South Africa faces rising unemployment and competition from foreign workers.

Announcement at SAFPA conference in Durban

Deputy Minister Jomo Sibiya revealed the Bill on the sidelines of the South African Funeral Practitioners Association (SAFPA) international conference in Durban on Tuesday.

The conference, described as a four-day event, opened on Sunday and will end on Wednesday. It attracted delegates from the US, Colombia and many African countries and is expected to boost the eThekwini economy.

Purpose and public consultation

The Bill is presented as part of measures to curb rising unemployment and to address illegal immigration concerns. The department has invited the public to participate in the consultative process, and said public views will be considered.

“As the government, particularly Labour and Employment, we are concerned about the rising number of unemployed people. Remember, it is our duty as a government to create a conducive environment for job creation and economic growth. Creating a Job Reservation Act is one of the tangible interventions to ease unemployment in the country,”

Scope, enforcement and existing policy

Sibiya said the Act would reserve jobs for locals in specified industries and would supplement an existing Act that requires companies and the government to apply to the department before recruiting foreign workers when skills cannot be found locally.

He warned that the Bill would come with heavy penalties for contravention and urged local industries, including the burial sector, to prioritise locals for employment before the Bill is passed.

“We have noticed that a government policy clearly stipulates that foreigners can only be employed if they have skills that locals do not possess. Companies are not doing that and just take foreigners from the street and make them waiters or waitresses, which can be easily done by locals. The Bill is addressing that and will come with heavy fines to discourage local companies from employing foreigners. We are calling on local companies to assist us by prioritising locals for employment, as the country faces illegal immigration protests,”

Targeted industries and local reaction

Once passed, the Bill is expected to reserve jobs for locals especially in industries such as trucking, hospitality, domestic work and other sectors of the economy. The hospitality sector was cited as one that favours foreigners for cheaper labour, and it was said that some local households import undocumented domestic workers and pay them less.

Local drivers have been reported to blockade the N3 freeway at the Mooi River Toll Plaza, demanding the removal of foreign drivers.

Dr Nomfundo Mcoyi, SAFPA President of Icebolethu Funeral Group, welcomed the announcement, saying that her industry will benefit from the Bill since more locals would be employed and be able to buy funeral policies and bury their loved ones in a dignified manner.

Call for participation

The department has called on the public and local companies to engage in the consultative process and to prioritise hiring locals ahead of the Bill’s finalisation in Parliament.