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New requirements for work permits in South Africa

by New World Immigration
26 May 2014 at 13:44hrs | Views
The Department of Home Affairs has recently introduced a new set of immigration regulations/rules to be imposed by "1st June 2014". Home Affairs has recently enforced a new set of requirements against an application for a "General Work Permit" which will be assessed by the Department of Labour. The Department of Labour is committed to completing this process within in a 30 day period, following a receipt of a complete application. The Department of Labour will conduct an on-site inspection at the designated work place to check that employers are complying with all labour laws.

The Labour Requirements for work permits as follows;

• Application form: Duly completed and signed DHA application form

• Labour Migrant's ID photo: The applicant's portrait ID photo is affixed to the work permit application form (DHA)- if migrant worker is already identified;

• Job descriptions of the vacancies being applied for.

• 'SAQA Certification of Evaluation': If the prospective migrant worker has academic qualification certificates acquired abroad, a 'SAQA Certification of Evaluation' duly signed by a competent SAQA authority and indicating the South African equivalent(s) must be attached;

• 'Powers of attorney': letter is attached if the employer is represented.

• Contract of Employment: A duly completed and signed contract of employment document should be attached to the application package

• Workplace Skills Plan (WSP) submitted-for designated employer. Or a Report of all Training Planned or Programmes already conducted

• Employment Equity Plan (EEP) submitted- for designated employer. Outline the workforce of Business , specifying citizens/residents vs foreign nationals

• Copy of a job advert (National Newspaper) refers to Immigration Regs. 16(5) (d) of 2005 for specifications ; Any other methods of advertising/recruitment

• NGO's/CBO's Report: Written evidence of labour search from Traditional Leaders/Community Leaders/Ward Councilors/Community based organization and NGOs

• Private Recruitment Agency Report: Written evidence of labour search from, at least, one relevant private recruitment agency.

• Sectoral Organizations/Professional Bodies Report: Written evidence of labour search from sectoral organizations/Professional Bodies.

• Interview notes: Selection interview notes by the employer indicating the rationale for recruited local citizens not being suitable for the vacant post or reasons for the locals not being considered at all. Result of all recruitment initiatives

• A Motivation Letter by the Employer clarifying why the employment of a foreign national and not a South African citizen or Permanent Resident. Include copy of current/previous Permits issued by DHA

• Proof that the opportunity/vacancies are registered on the Department Of Labour Employment Services Database (ESSA) as well as proof of the outcome of any recruitment from the system.