South Africa
National Labour Migration Policy 2025
Impact date: Awaited On 29 May 2025, the Department of Employment and Labour officially gazetted the National Labour Migration Policy (NLMP) White Paper 2025, following the Cabinet’s approval of the policy for implementation. The NLMP sets out a national framework to manage the movement and employment of foreign nationals in South Africa. A key feature of the policy is the introduction of sector-based quotas on the number of documented foreign nationals who may be employed in specific industries, such as agriculture, hospitality, tourism, and construction, among others.
Alongside this, Cabinet also approved the Employment Services Amendment Bill for submission to Parliament. This Bill proposes giving the Minister the power to apply quotas to particular sectors, occupations, or geographic areas, further regulating the employment of foreign nationals in the labor market.
These developments form part of a broader regulatory shift aimed at tightening controls on the employment of foreign nationals. This includes recent amendments to the National Small Enterprise Act 102 of 1996, which restrict foreign nationals from establishing or operating small, medium, and micro enterprises or trading in certain designated sectors of the economy.
Employer implications/action needed Employers in the sectors identified should begin preparing for the introduction of sectoral quotas on the employment of foreign nationals. This includes reviewing their current workforce composition and recruitment practices to understand how these changes may affect them. Employers should also ensure they have strong processes in place to verify the legal status of foreign employees.
Employer risk Failure to prepare for the impending enactment and enforcement of these policies could result in employers facing fines for non-compliance having to restructure their workforces when the policies become effective.
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