DoEL Clarifies Proposed Amendments to Employment Services Act

Posted 29 October 2026 Written by Acts Online
Category Labour

Brought to you by SA Accounting Academy: The Department of Employment and Labour (DoEL) has issued a regulatory clarification confirming that the proposed amendments under the Employment Services Amendment Bill do not grant automatic labour market access or new employment rights to refugees or asylum seekers, nor do they bypass existing statutory immigration controls.

In terms of the statutory framework governing labour migration, the proposed amendments seek to align the definitions within the Employment Services Act, No. 4 of 2014 directly with the Immigration Act, No. 13 of 2002 and the Refugees Act, No. 130 of 1998. The DoEL clarified that claims indicating refugees and asylum seekers would cease to be classified as foreign nationals or would automatically obtain identical employment privileges to South African citizens are legally incorrect.

Scope and Key Regulatory Objectives of the Bill

The DoEL highlighted that the Employment Services Amendment Bill is designed to reinforce compliance monitoring and regulate the employment of foreign nationals in the Republic. The primary regulatory objectives include:

  • Statutory definition alignment: Harmonising employment service definitions with prevailing immigration, asylum, and citizenship statutes to eliminate administrative inconsistency.
  • Sectoral determination powers: Establishing an enabling statutory framework authorising the Minister of Employment and Labour, following due public consultation, to determine sectoral or occupational thresholds, quotas, and measures to safeguard employment access for South African citizens while catering for critical skills shortages.
  • Strengthened compliance and reporting: Enhancing regulatory oversight of private employment agencies, labour brokers, and employers regarding statutory documentation, workplace audits, and lawful recruitment processes.
  • Public Employment Services (PES) enhancement: Upgrading state-run employment information systems to track labour market trends, facilitate skills matching, and connect documented work-seekers with formal employment.

The Department confirmed that the proposed amendments do not prohibit the lawful employment of qualifying foreign nationals holding valid work permits or legal status, but instead mandate strict alignment with statutory employment authorization frameworks.

Click here to access the official statement: Department of Employment and Labour Clarification Notice.

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

  • For yourself: Ensure your compliance advisory notes reflect that foreign national employment rules have not been deregulated; continue verifying statutory permits under the Immigration Act and Refugees Act.
  • For your business: Maintain exhaustive human resource and audit trails verifying the lawful right-to-work status of all non-citizen personnel, anticipating increased DoEL workplace inspections.
  • For your clients: Advise employer clients to audit their existing workforce foreign national ratios and verify all work permits to avoid non-compliance liabilities when ministerial sectoral quotas are enacted under the Bill.

Originally published at https://accountingacademy.co.za/news/read/doel-clarification-of-proposed-amendments-to-the-employment-services-act

The views expressed herein are those of the author and do not necessarily reflect those of Acts Online. Acts Online accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.