In these times of “alternative facts” and false news, it makes sense to investigate some of the claims made in social media around labour law or employment related issues. Feel free to ask us and we will do our very best to reply with facts (the real ones), or guidance, or direction on where to obtain more information!
We look forward to hearing from you!
Here below is some info we are re-posting thanks to Global Migration SA, relating to whether it is a statutory requirement to ensure that 60% of your staff are South African.
Til next time …
Erroneous statements regarding statutory employment ratios in South Africa
(Press Release issued during February 2017)
Public statements regarding business being forced to maintain a 60% ratio of South Africans as staff members and a 40% ratio for foreign staff, have been prominent in the last few weeks in the media. According to Immigration expert Leon Isaacson, CEO of Global Migration SA, the only references to the 60% figure are in the Immigration Regulations which require this ratio for Business Visa investors and Corporate Visa holders. There is no prescribed ratio for South African companies which do not have staff employed through a Business or Corporate visa.
“While many companies prioritize the employment of South Africans first as part of their hiring practices, there is nothing in policy, labour or other law requiring this. The inspections which have been highlighted seem to refer to particular sectors where there is a high percentage of foreigners occupying positions which could have been occupied by South Africans. This is probably because of lower wages, the short term nature of the work and other factors. For much of South Africa’s recent past, labour importation for farm work and mining has been quite common. It is probably due to the decline of both farming and mining in South Africa that many of these people have returned and resorted to other work. Others have come to South Africa due to depressed economies and political instability in their home countries. It is a complex issue as many families in the SADEC region have become dependent on remittances from their family members who work in South Africa and send money home. This has been going on for well over a century."
Despite the misunderstanding of the law of the legal position around the local staff 60% quota, Isaacson urged companies to ensure that any employee had the correct, valid papers before taking them on, as the consequences could be quite serious. “We have performed many audits of staff documentation for small and large companies in the last few months and urge companies to contact us if they have any doubts about authenticity of documentation,” Isaacson stated in conclusion.