White Paper on Labour Migration Gazetted

Posted 29 May 2025 Written by Acts Online
Category Labour

Brought to you by SA Legal Academy: The Department of Employment & Labour has finalised the White Paper on Labour Migration and prepared the Employment Services Amendment Bill for parliamentary processes.

In terms of the Department of Employment & Labour’s policy framework, the White Paper on Labour Migration has been gazetted following its initial release for public comment in February 2022. The White Paper provides a regulatory framework for the ‘proper and orderly movement’ of foreign nationals and their participation in the South African economy. This policy development is intended to address rising unemployment and the perception that foreign nationals restrict labour market access for South African citizens.

To give practical effect to the White Paper, the Employment Services Amendment Bill was approved by Cabinet in May 2025 for tabling in Parliament. While the Bill has not yet been formally tabled, it is currently included in the legislative programme developed by the Department. The Bill seeks to amend the Employment Services Act, No. 4 of 2014 to provide for the regulation of foreign nationals in the job market, particularly within specific lower-skilled sectors.

Key Objectives of the Regulatory Framework

  • Establishing a framework for the employment of foreign nationals to ensure a balance with local job prospects.
  • Regulating the employment of foreign workers in ‘specific, lower skilled sectors’ where competition for jobs is highest.
  • Providing the Minister of Employment & Labour with the authority to set quotas or specific conditions for the employment of foreign nationals in certain industries.
  • Enhancing enforcement mechanisms to ensure compliance with labour migration policies.

The finalisation of the White Paper follows extensive consultation and aims to align South Africa’s labour migration policy with broader economic and social objectives. Professionals should note that the forthcoming Employment Services Amendment Bill will likely introduce new compliance requirements for employers regarding the ratio of local to foreign employees.

What this means for you, your business, or your clients

  • For yourself: No direct individual compliance obligations; however, professionals in human resources or recruitment must familiarise themselves with the shift toward sector-specific foreign national quotas.
  • For your business: Your firm must prepare to audit current workforce demographics and recruitment strategies, particularly if operating in lower-skilled sectors, to ensure alignment with the anticipated Employment Services Amendment Bill requirements.
  • For your clients: Advise clients in high-impact sectors—such as hospitality, agriculture, and construction—to review their foreign worker permits and prepare for potential statutory limits on the employment of foreign nationals once the Bill is enacted.

Originally published at https://legalacademy.co.za/news/read/labour-migration-white-paper-gazetted

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