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Employment Services Act: What is it and how do I comply?

by , 23 March 2016
The Employment Services Act (ESA) has been effective since August 2015, and it applies to all employers in South Africa.

With its fairly recent introduction, it's understandable to see many employers still unsure of what exactly it is and what they must do to comply with it.

So here we'll show you 6 areas you need to cover to comply with the ESA.

But first, let's take a brief look at what the ESA actually is...


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What is the ESA?

In December 2008, the Skills Development Act of 1998 went through a big amendment, which included several provisions regarding DoL (Department of Labour) provided services.

These services were never promulgated though. But they remained the DoL's responsibility, resulting in them being gazetted in the Employment Services Act.

What's the ESA's purpose?

The ESA intends to:

·          Set up an Employment Services Board;

·         Provide Public Employment Services. This includes schemes to promote the employment of young workers and other vulnerable people and to assist distressed companies with maintaining employment;

·         Register and regulate private employment agencies;

·         Create Supported Employment Enterprises; and

·         Establish 'Productivity South Africa'.
So what do you need to do to comply with the Act?

You are required to cover the following 6 areas…

Area#1: Support work for people with disabilities.

Area#2: Register your job vacancies with the Public Employment Services (PESs), and let them know when the vacancy has been filled.

Area#3: You may not hire a foreign national without a valid work permit.

Area#4: Before you hire a foreign national, you must ensure that there aren't any South Africans or permanent residents who can fill the position.

Area#5: If you're a private employment agency (Temporary Employment Service or a labour broker), you must register under the Act.

Area#6: Before you make use of a Temporary Employment Service (TES) or labour broker, you must ensure that they're registered, under the Act.
*So those were the 6 areas you should cover in order to comply with the recently-introduced Employment Services Act.

But there are many more details, regarding each of the Act's provisions, which you have to know in gaining a clearer picture of it, and in so doing be completely sure that you're compliant.

To see them, simply page over to chapter E 28 in your Practical Guide to Human Resources Management handbook.

If you don't already have a copy, simply click here to order yours today. 

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