PUBLIC COMMENT ON THE EMPLOYMENT SERVICES AMENDMENT BILL
I hereby submit my objection to the proposed exclusion of refugees and asylum seekers from the definition of “foreign national” in the Employment Services Amendment Bill.
While I support the objective of regulating the employment of foreign nationals and protecting employment opportunities for South Africans, refugees and asylum seekers should not be removed from the definition altogether. They remain non-citizens whose employment status requires appropriate regulation.
Excluding them may create uncertainty and a regulatory gap regarding their employment and the obligations of employers. It is possible to regulate their employment while still respecting the rights and protections afforded to them under the Constitution, the Refugees Act and international law.
I therefore respectfully request that Parliament retain refugees and asylum seekers within the definition of “foreign national”, while making appropriate provision for their distinct legal status and employment rights