Employment Services Amendment Bill: Strict Verification of Foreign Workers Required

Posted 15 June 2026 Written by Acts Online
Category Labour

Brought to you by SA Accounting Academy: The proposed Employment Services Amendment Bill, read alongside the Immigration Act, No. 13 of 2002, introduces heightened compliance obligations for employers regarding the verification and record-keeping of foreign nationals in their employ.

Under section 38 of the Immigration Act, No. 13 of 2002, employers are already under a statutory obligation to make a “good faith effort” to ensure that any foreign national they employ is legally permitted to work in South Africa. In terms of general compliance, employers are advised to retain all employment records for a minimum of two years following the termination of the employment relationship. The proposed amendments under the Employment Services Amendment Bill reinforce these obligations, placing a heavier burden on businesses to maintain proper, inspectable records at all times.

Employers are cautioned that presenting a valid passport alone does not constitute sufficient proof of a foreign national’s right to work, as entry into the Republic does not automatically confer work authorization. To mitigate compliance risks, businesses are encouraged to implement continuous verification cycles rather than relying solely on onboarding-stage checks.

In preparation for the enactment of the Bill, the Department of Employment and Labour (DoEL) has initiated the phased recruitment of 10,000 labour inspectors. Joint enforcement operations involving the DoEL, the Department of Home Affairs, and the South African Police Service (SAPS) are intensifying, with a specific focus on high-risk sectors including:

  • Construction and infrastructure development
  • Restaurants, catering, and hospitality services
  • Agriculture and farming operations
  • Delivery, logistics, and e-hailing services
  • Informal and small-scale businesses

To prepare for unannounced inspections and avoid statutory penalties, employers are advised to conduct immediate internal audits of all personnel files, secure valid copies of work permits and visas, establish tracking systems for visa expiry dates, and train human resource personnel on identifying fraudulent documentation.

For further context, refer to the related media coverage on the IOL News Portal.

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

  • For yourself: Ensure you understand the distinction between valid entry visas and specific work endorsements to avoid personal liability or professional negligence when advising on HR compliance.
  • For your business: Implement an immediate internal audit of all employee records, establish a secure registry to track visa expiry dates, and update onboarding protocols to require verified work permits rather than simple passports.
  • For your clients: Advise clients in high-risk sectors (such as hospitality, agriculture, and construction) to review their employment files immediately ahead of joint inspections by the DoEL, Home Affairs, and SAPS.

Originally published at https://accountingacademy.co.za/news/read/what-employers-must-know-about-the-new-employment-services-amendment-bill

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