The Department of Employment and Labour released the National Labour Migration Policy (NLMP) as well as the Employment Services Amendment Bill for public comment earlier this week. The proposed legislation contains two significant policy shifts.

Firstly, the NLMP introduces employment quotas on foreign workers in certain sectors of the economy. The sectors of the economy that have so far been identified as being applicable to the introduction of the work visa quotas are the following: agriculture, hospitality and tourism, and construction. The actual quotas have not yet been proposed and shall differ based on sector, occupation and region. The quotas shall not only apply to formally employed persons but also to those paid for any work as well as “platform workers”, such as Uber drivers.

Part of the motivation for introducing the work visa quotas (according to the Department of Employment and Labour) is that employers are hiring desperate foreign workers and “distorting” the labour market.

Secondly, the proposed legislation intends to limit foreign persons from establishing small and medium sized businesses in certain sectors of the economy. This will be enforced by not allowing business visas to be issued to foreign persons should their businesses fall into these sectors.

The proposed legislation is presently available for public comment for a 90 day period, and will then be referred back to the Cabinet.