UPDATE (17/09/2024): The Labour Market Test is expected to be replaced in the next month, with a Points-Based-System. This is expected to improve accessibility to the South African General Work Visa, while enhancing processing times at the Department of Home Affairs.
Understand the Requirements
Labour Market Testing is the process by which an employer is required to prove that there is a need, benefit or no negative impact of hiring a foreign worker for a specific open position. Before initiating the Labour Market Testing process, it’s essential to understand the specific requirements and purpose.
In South Africa, labour market testing is required for an application for a General Work Visa, but not for any of the other visa types, such as Critical Skills Visa or Intra-Company Transfer Visa. The process aims at receiving a letter from the Department of Labour confirming that despite a diligent search, the employer has been unable to find a suitable citizen or permanent resident with qualifications or skills and experiences equivalent to that of the intended foreign hire.
It must be noted that the Department of Home Affairs is planning to abolish the current Department of Labour process through a points-based system, but until such system takes effect, the General Work Visa requires labour market testing.
The employer must approach the Department of Labour for the labour market testing, this process cannot be done by the prospective employee/foreign national.
Prepare Foreign National Documents
The foreign national must submit an evaluation of their foreign qualifications to the South African Qualifications Authority. Given that the current processing time can take up to 6 months, it’s essential to account for this in your planning and submit the SAQA application as early as possible in the process.
Additionally, the foreign national needs to provide a detailed and up-to-date CV. Ensuring the CV is current and comprehensive will support the application process and help highlight the individual’s qualifications and experience.
Prepare the Job Description
When creating a detailed job description, it’s essential to clearly outline the job title, duties, responsibilities, place of work, hours of work, qualifications, experience, and any other specific requirements. This will ensure that both the employer and the potential employee have a clear understanding of the role and its expectations.
In addition, determining the appropriate salary range is very important. The salary offered should align with market rates and comply with South African labour laws. The Department of Labour will need to confirm that the salary and benefits provided to the foreign national are not inferior to those offered to citizens and permanent residents in similar positions within the Republic.
Advertise the Position
According to the current Department of Labour requirements, the job advert must be placed in a national print newspaper. Most newspapers will run an online version of the advert as well. From our most up-to-date information, the job advertisement should run for a minimum of 3 weeks. It can appear on a weekly basis.
The advert must contain the key details of the job description, including the place of work and a clear closing date for applications.
The advert may not be older than 4 months at the time of submitting the application to the Department of Labour, therefore it is important to have all other documents in place before running the advert.
Registering the Opportunity
The Department of Labour will first register the opportunity in their database and conduct a labour market search. This includes creating the opportunity listing and considering suitable candidates already in their database.
Additionally, the Department will reach out to sectoral organisations and professional bodies to assist in the search and gather evidence if a suitable candidate cannot be found.
Furthermore, the Department may require the employer to engage a recruitment firm for a more extensive labour search. They will also confirm the employer’s general compliance, which could involve a site visit.
Conduct Interviews and Assess Applicants
Begin by reviewing all applications received during the advertising period to evaluate each candidate’s qualifications and suitability for the role.
Next, conduct interviews with the candidates who meet the necessary criteria. The interviews will help assess their qualifications and determine if they are a good fit for the position and the company culture.
Finally, it’s important to document the entire process thoroughly. Keep detailed records of all applications, the interviews conducted, and the reasons for rejecting South African candidates. This documentation will be essential for compliance and transparency throughout the hiring process.
Compile and submit the Department of Labour Application
The application must be compiled according to the checklist issued by the Department of Labour. This includes:
- Copies of the Newspaper adverts.
- Interview Notes: provide a summary the applications (CVs) received, including the number of South African candidates and the outcomes of the interviews conducted, reasons for rejecting local candidates, and justify the need to hire a foreign worker.
- Workplace Skills Plan if you are a designated employer in terms of the Employment Equity Act.
Obtain the Department of Labour’s Recommendation
If the Department of Labour is satisfied that the despite a diligent search, the employer has been unable to find a suitable citizen or permanent resident with qualifications or skills and experiences equivalent to that of the intended foreign hire, they will issue a letter in support of the General Work Visa application of the intended foreign national hire.
Include the Recommendation in Visa Application
After the labour market testing has been completed, the foreign national (prospective employee) can proceed with the visa application. The first step is to prepare the visa application by compiling all necessary documents. This includes the recommendation from the Department of Labour.
Once all documents are gathered, the visa application can be submitted. The foreign national should submit the application to the Department of Home Affairs or the relevant South African mission, ensuring that all supporting documentation and the Department of Labour’s recommendation are included.
Await Visa Decision
You will need to wait for the Department of Home Affairs or the South African Mission to review and handle your application. This stage requires patience as the authorities work through their procedures.
Once the processing is complete, you will receive a notification from the Department of Home Affairs or the South African Mission regarding the decision on your work visa application. This decision will inform you whether your visa has been approved or denied.
Tips for a Successful Labour Market Testing Process
It is important to understand that given the high unemployment situation in South Africa, the Department of Labour has a limited scope of providing an approval for the hire of a foreign national. A successful labour market test is currently most likely available for highly specialised and unique positions; and only likely to succeed in a limited number of circumstances.
If the Labour Market Testing process does not seem feasible to you, an application to the Minister of Home Affairs for a Waiver can be considered. Such applications are dependent on a strong motivation in each individual circumstances.
The current Labour Market Testing is a very detailed and lengthy process that can take up to 12 months in total to complete and the introduction of a new points-based system will be welcomed.
Written by Simon Carletti, PR and Creative Supervisor
