Employment Services Act Draft Regulations published for public comment

On 28 December 2018, the Department of Labour published draft regulations for public comment on the registration of work seekers, the registration of private employment services or TES and the employment of foreign nationals. To see more information on the submission of comments, please follow the links to the respective regulations.

Draft Regulations on the registration of work seekers

The draft regulations are applicable to any work-seeker in possession of a valid 13-digit RSA Identification document, whereupon the Department will develop and maintain an electronic based register for work seekers.

The information required to register a work-seeker on the national database is the following:

  • RSA Identification number;
  • Disability status;
  • Equity group;
  • Marital status;
  • Criminal status;
  • Indication of the work-seeker status of employment;
  • Contact details;
  • Physical and postal address;
  • School qualification obtained;
  • Tertiary qualifications obtained;
  • Employment history.

Individuals applying for unemployment benefits under the UI Act, have an obligation to register as a work seeker.

Comments can be submitted until 27 January 2019.

For more information, please view the draft regulations by following this link:
https://www.gov.za/sites/default/files/gcis_document/201812/42140rg10902gon1430s.pdf

Draft Regulations on the registration of private employment agencies or temporary employment services

Employment services include the following:

  • Advising or counselling of workers on career choices.
  • Assessment of work-seekers for entry or re-entry into the labour market or for education and training.
  • Referring work seekers to employers to apply for vacancies or to training providers for education and training.
  • Assisting employers by providing recruitment and placement services or advising employers on the availability of work seekers with skills that match their needs.
  • Performing the functions of a Temporary Employment Services (TES).

Temporary Employment Services means any person who, for reward, procures for or provides to a client other persons who perform work for the client and who are remunerated by the TES.

Written comments can be submitted until 26 February.

For more information, please view the draft regulations by following this link:
https://www.gov.za/sites/default/files/gcis_document/201812/42140rg10902gon1432s.pdf

Draft Regulations on the employment of Foreign Nationals

An employer applying for a work visa or corporate visa, will have to submit the following:

  • Proof of publication of the advertisement in the national print media or website which must-
  1. Reflect the full particulars of the relevant print media or website and the date of publication;
  2. Clearly define the work opportunity offered and the duties;
  3. Measure at least 60 millimetres by 60 millimetres if published in print media;
  4. State the closing date for the application; and
  5. Not be older than four months at the time of the visa application, which period will be calculated from the closing date of the advertisement and must not have been removed from print media or website for less than thirty days.

In satisfying themselves that there is no other person in the Republic with suitable skills to fill a vacancy, the employer may make use of Public Employment Services or Private Employment Agencies.

The Department of Labour will refer the matched work seeker details, if applicable, to the Applicant (employer) within 10 working days of the date of receipt of application.

The applicant must submit a report of the referred work seeker within 10 working days of the date of receipt of the referral.

Written comments can be submitted until 27 January 2019.

For more information on the draft regulations, please follow the link:

https://www.gov.za/sites/default/files/gcis_document/201812/42140rg10902gon1433.pdf

Contact our legislation team at info@crs.co.za if you require any additional information.

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