International/Cross-Border
Labour Migration (ICBLM)
16 August 2011
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Presentation Outline
• Legislative frame work;
• Role of DOL in labour migration
management
• Addressing the challenges
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Legislative frame work
Immigration Amendment Act, 2004 (No. 19 of 2004):
• Preamble:
•
•
Globalisation policy principle:
1.(h) “The S. African economy may have access at all times to the full measure
of needed contributions by foreigners”
•
1.(i) “The contribution of foreigners in the S. African labour market
does not adversely impact on the existing labour standards and the
rights and expectations of South African workers”
•
1.(j) “a policy connection is maintained between foreigners working in
S. Africa and the training of our citizens”
•
Immigration Regulations (Gazette No.27725) R16(4)(i) Notice No. 616.
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Legislative frame work
Role of DoL in Policy Formulation & Review
• Amended Act & Regs
•
S(4) Composition and functions of the Immigration Advisory Board
(IAB):
•
(ii) “a representative of the following Departments , at least equivalent
to the rank of Deputy Director-General:”
– The Dept. Labour DD-G: Public Employment Services (PES)
represents the DoL at the board.
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ILO Conventions on Labour Migrant
Management.
• Convention No. C97: “Migration for Employment
Convention (Revised) 1949” &
• “Migrant Worker (Supplementary Provisions)
Convention 1975.
• International Labour Office (Int. Organisation for
Migration ‘IOM’) accommodated;
• Free services to migrants-rendered;
• National labour laws to apply equally to migrants
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DOL Strategic intention
• DOL’s intentions are to protect and safeguard S 1.(i)
“The contribution of foreigners in the S. African
labour market does not adversely impact on the
existing labour standards and the rights and
expectations of South African workers”
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Current Labour Legislation
• Current Labour Laws embrace the spirit and
intentions of ILO Conventions 1949 & 1975
• Current labour legislation apply equally to migrant
workers working in SA.
• Short coming is that there is no specific legislation
dealing with migrant and immigration of labour (
DOL is dependant on Immigration Act and has no
legal basis to deal with challenges posed by migrant
workers)
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4. Envisaged improvements under
the New Employment Services Bill 2010
• The New Employment Services Bill, 2010 aims to:
– strengthen existing employment services functions that
remained within the Department of Labour under the
Skills Development Act, 1998, as amended, following the
President’s Proclamation published in Government
Gazette No 32549, dated 04 September 2009.
– The Bill will draw on a wealth of international
experience, challenges and seek to assist employers and
job seekers to adjust to changing economic situations.
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Addressing the challenges
• Legal framework: Provides legal basis for PES to
manage employment services including labour migration.
• Private Employment Agencies (PEA’s): Protecting
migrant workers against abuse when placed by the
PEA’s.
• Skills transfer to locals: based on the law for
regulatory purposes.
• Ensures alignment with the Immigration Act, 2002 as
Amended
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THANK YOU
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