Government outlines laws on hiring of foreigners

Amid the continued clampdown by government officials on employers who are non-compliant with various South African laws, the department of employment and labour (DEL) this week outlined myriad procedures that businesses hiring local and foreign nationals should follow.

DEL spokesperson Mishack Magakwe, who has confirmed that various local businesses were to be targeted for inspection “from time to time”, said it was “important for an employer who has a vacant post to advertise it in the local media – newspaper or online”.

Explained Magakwe: “The local citizens then get first chance to take up that employment opportunity by submitting their applications for the post to the employer.

“If the employer finds suitable candidates for the post, he then hires from the local pool of applications and the matter is closed.”

However, in the event where all the submitted local applications did not satisfy the employer’s minimum requirements: competencies, education, work experience, for the vacant post, “the employer may consider hiring a foreign national”.

Once the employer has reached a stage of considering hiring an employee, Magakwe said procedures to be followed included:

• Registering the employment opportunity with DEL by completing an “opportunity recruitment form” after which DEL would provide the employer with the requisite skills required for the job – referring suitable candidates for placement.

• An employer confirming to DEL whether the referred candidates have been placed.

• Obtaining a checklist from a provincial DEL office on steps to be followed in instances requiring services of foreign nationals.

• Obtaining visa applications from DEL, in case of foreign nationals and be submitted to a provincial DEL office.

• A visa finalisation notification letter is then sent to the employer and later submitted to the department of home affairs.

In Gauteng and other DEL offices, applications are submitted physically.

Work visa enquiries can be made to telephone number: 086-002-2198 or email: Pres@labour.gov.za

– brians@citizen.co.za

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