Construction Law

A New Year and New Planned Policies for Foreign Workers in South Africa

As the new year kicks off, the Department of Employment and Labour (DEL) plans to implement new policies to address concerns surrounding illegal recruitment practices in South Africa. These concerns include hiring foreign workers who are illegal immigrants and working in major economic sectors such as Hospitality, Agriculture, and Construction. The department noted that their new proposals will focus on 4 specific elements to change the country’s labour market, covering quotas, undesirable sectors, immigration changes, and the introduction of a critical skills list.

The Possible Impact of These Policies on the Construction Sector

Construction contractors employ large workforces for construction projects. Through the perspective of local citizens, undocumented foreign nationals are distorting labour market access by taking jobs away from local citizens and only increasing the unemployment issue. The DEL stated that the new proposed policy for quotas will introduce maximum quotas on the total number of documented foreign nationals with legal work visas that can be legally employed in major economic sectors, including the construction sector.

The Ongoing Impact of COVID-19 on the Construction Sector

Apart from the DEL’s newly proposed policy changes, COVID-19 still has an undeniable impact on the construction sector in South Africa. Mandatory vaccination policies are causing major disruptions, dismissals/retrenchments, and major job loss among the local citizens. Moreover, construction contractors must ensure that their workforce operates in a safe work environment to limit the chances of spreading the virus among the workers, even if every worker is vaccinated. All these elements amount to a mountain of challenges for contractors and sub-contractors as we start 2022.

Your Answer to Legal Solutions for Construction and Contract Law

Allardyce & Partners Attorneys offers experts in the fields of Construction and Contract Law who can assist you when faced with legal disputes, contract breaches, Labour and Employment Law concerns, and legal representation. Please contact us today on 011 234 2125 or email us at for more information on how we can assist you.

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