Estimated reading time: 8 minutes
Because the Bill is proposed, not yet law, nothing in it applies to you yet, but it’s worth understanding now. This guide covers where the Bill stands, what it would ask of employers of foreign nationals, the proposed fines and how to comment.
In short: The Employment Services Amendment Bill [B16-2026] is proposed, not yet law. If Parliament passes it as drafted, employers of foreign nationals would have to check work entitlement, keep visa records, test the local labour market, prepare skills-transfer plans and, in some sectors, stay within quotas, with Labour Court fines for breaches. Public comment closes on 6 November 2026 at 16h00.
Where is the Bill now?
Status as at 28 October 2026: the Bill (proposed, not yet law) is before the Portfolio Committee on Employment and Labour in the National Assembly.
- 29 May 2026: introduced in Parliament by the Minister of Employment and Labour.
- 18 September 2026: the Committee called for written public comment.
- 6 November 2026, 16h00: comment deadline.
- Next: parliamentary public hearings (dates not yet announced), then the National Assembly, the NCOP and the President.
Even once signed, it would only start on a date the President fixes by proclamation in the Gazette. The Bill may also change along the way.
What would the Bill do?
The Bill (proposed, not yet law) would amend the Employment Services Act 4 of 2014. It would replace the Act’s short rules on foreign nationals (sections 8 and 9) with a new chapter of detailed duties, give labour inspectors express power to enforce the Act, and let the Labour Court fine employers who breach the new duties. For this purpose, “foreign national” excludes South African citizens, permanent residents, refugees and asylum seekers.
Proposed duty: check work entitlement and keep visa records
Under the proposed section 12A, anyone who employs a foreign national would have to:
- Check entitlement to work. Confirm that the person may work in South Africa and may do the specific job they’re employed in.
- Keep records. Keep copies of the person’s visa (under the Immigration Act or Refugees Act) and any other documents showing they’re lawfully entitled to work.
- Offer equal terms. Employ them on terms no less favourable than a South African citizen would get.
The Bill (proposed, not yet law) doesn’t set a retention period for these records. The Minister could prescribe more record-keeping rules in regulations.
The proposed section 12E would also prohibit an employer from requiring or allowing a foreign national to do work their visa or permit doesn’t authorise, or to work contrary to its terms.
Employ foreign nationals and not sure your paperwork is in order? Speak to a SEESA Specialist.
Proposed labour-market test
Before recruiting a foreign national, the employer would have to satisfy itself, “in such manner as may be prescribed”, that no one other than a foreign national with the necessary skills is available in South Africa.
The Bill (proposed, not yet law) leaves the detail to regulations. These could, for example, require employers to use public employment services or private employment agencies when recruiting. Today, a labour-market test applies only in certain cases, such as general work visas, which need a labour department certificate confirming a diligent local search. The Bill would extend the idea to all appointments of foreign nationals.
Proposed skills-transfer plans
Employers would have to prepare a skills-transfer plan for every position held by a foreign national. The Minister could exclude categories of employers or workers where this isn’t practicable, after advice from the Employment Services Board and a notice in the Gazette.
What a plan must contain would be set in regulations, which haven’t been published.
Proposed sector quotas
The proposed section 12B would let the Minister, after consulting the Employment Services Board, set a maximum quota for employing foreign nationals by Gazette notice. Quotas could apply to a sector, an occupation, a region or the whole country.
- A draft notice would first be published for at least 30 days of comment.
- Existing and new employers would get separate compliance periods.
- An employer could exceed a quota only with an exemption under the proposed section 49A.
Are small employers excluded?
From quotas only. The notice must exclude “small employers”. Unless the notice says otherwise, that means a private-sector employer with fewer than 10 employees, subject to conditions about running more than one business or being formed from an existing business.
The exclusion is about quotas. The Bill (proposed, not yet law) doesn’t exclude small employers from the other proposed duties: checking entitlement, keeping records, the labour-market test, skills-transfer plans and equal terms. (The Minister could, separately, exclude categories from the skills-transfer requirement.)
Proposed maximum penalties
The Bill (proposed, not yet law) would let the Labour Court, on application by the Director-General, fine an employer that contravenes section 12A (the duties above), section 12B(8) (exceeding a quota) or section 12E (work outside visa terms). The maximums are:
| Employer’s history | Proposed maximum fine |
|---|---|
| No previous failure to comply | Up to R100,000 |
| Previous failure in the past three years | Up to R200,000 |
| Two or more previous failures | Up to R1 million or 10% of the previous year’s turnover, whichever is greater |
These are maximums (“not exceeding”), not automatic fines. For the highest tier, the court would have to set a just and equitable amount, taking into account any economic benefit the employer gained. The Bill doesn’t propose prison terms; criminal penalties under the Immigration Act already exist separately.
How do you comment on the Bill?
Written comments on the Bill (proposed, not yet law) go to the Portfolio Committee on Employment and Labour:
- Email: employmentservicesbill@parliament.gov.za
- For the attention of: Mr Zolani Sakasa (083 709 8488)
- Deadline: Friday, 6 November 2026 at 16h00
If you’d also like to speak at the public hearings, say so in your written submission. Employers’ organisations and industry bodies often make joint submissions, which can be an efficient route for smaller businesses.
Useful points: whether the duties are workable, what a practical labour-market test looks like, the cost of skills-transfer plans, and whether the quota rules fit your sector.
What can employers do now under current law?
The Bill is proposed, not yet law, but employers of foreign nationals already have duties under the Immigration Act 13 of 2002 and the Employment Services Act:
- Don’t employ anyone without the right status. Section 38 of the Immigration Act prohibits employing an illegal foreigner, or a foreigner whose status doesn’t allow them to work for you or in that role. Employment Services Act sections 8(1) and 9 require a valid work permit before employment and bar work outside its terms (the Bill would replace these).
- Check in good faith. You must make a good-faith effort to verify status. If someone is found to be employed unlawfully, you’re presumed to have known, unless you can show you did these checks. A stricter standard applies if you employ more than five people.
- Keep records and report. Keep prescribed records for two years after a foreign employee leaves, and tell Home Affairs when their employment ends or when they breach their status conditions.
- Treat foreign employees equally under labour law. The Department of Employment and Labour has said labour laws give foreign nationals the same standards and rights as citizens, and that not covering them for UIF and the Compensation Fund is illegal.
Practical steps:
- Audit your current foreign employees’ visas, conditions and expiry dates.
- Set reminders well before each expiry.
- Keep certified copies of passports and visas in one place.
- Check that each person works only in the role their visa allows.
- Think about which roles could be filled locally, or where skills transfer is already happening. This would help if the Bill, currently proposed and not yet law, passes.
If a visa has already lapsed, read our guide on expired work permits and the labour law risks.
How can SEESA help?
SEESA can help you review your foreign employees’ paperwork against current law and prepare for the proposed changes. See SEESA’s labour law services.
Speak to a SEESA Specialist about employing foreign nationals in your workplace.
Frequently Asked Questions
No. It is a Bill, proposed and not yet law. It is before Parliament’s Portfolio Committee on Employment and Labour, with comment open until 6 November 2026 at 16h00.
Under the Bill as drafted (proposed, not yet law), private employers with fewer than 10 employees (subject to some conditions) would be excluded from quotas, but not from the other proposed duties.
Proposed, not yet law: up to R100,000 for a first failure, up to R200,000 for a repeat within three years, and up to the greater of R1 million or 10% of turnover for further repeats.
It’s proposed, not yet law. Email employmentservicesbill@parliament.gov.za before 16h00 on 6 November 2026.
This article is general information, not legal advice. It reflects the law, and the Bill as introduced (proposed, not yet law), as at October 2026.