Policy on Employment of Foreign Nationals Overview

1. POLICY ON THE EMPLOYMENT OF FOREIGN NATIONALS AND THE SECONDMENT OR EXCHANGE OF PUBLIC SERVICE ACT - EMPLOYEES AND FOREIGN NATIONALS PRESENTATION TO THE PORTFOLIO COMMITTEE ON PUBLIC SERVICE AND ADMINISTRATION 13 JUNE 2006

2. OVERVIEW OF PRESENTATION • Background • Content • Purpose and context of the policy • Policy addresses three distinct dimensions • Employment (appointment) of foreign nationals • Secondment or exchange of RSA Public Service - employees to/with other countries • Utilisation of foreign nationals on a secondment or exchange basis

3. BACKGROUND • Rationale for policy • Key role of hr in service delivery • Public Service experiencing acute shortages in critical occupations • Fall-back mechanism is needed • Need for consistency and co –ordination within the Public Service • Design methodology • Consultation with HA, FA, national Health, PSETA, DoL, SAMDI, DTI, G&A Fosad Cluster Committee

4. BACKGROUND (cont) • Questionnaire to all departments: • Probed into top 5 critical occupations • Vacancy/turnover/acquisition rates • Recruitment and special initiatives to address hr – needs • Number of foreign nationals currently employed • Availability of staff suitable for deployment to other countries • Experiences iro available/recruitable skills abroad

5. BACKGROUND (cont) • Desktop scoping of practices in other countries: UK, Canada, Australia, Singapore • Scoping of private/quasi public sector: ESKOM, SASOL, TELKOM • Study of statutory and process requirements i.r.o. employment of foreign nationals • Consult draft policy with departments

6. BACKGROUND (cont) • 4791 foreign nationals employedby 31 March 2005 • Employment per sector was as follows:

7. PURPOSE AND CONTEXT OF POLICY • Purpose: To assist departments in addressing hr needs i.r.o. critical occupations and critical skills through - • Employment of foreign nationals • Secondment or exchange of RSA Public Service employees to/with other countries to develop skills • Utilisation of foreign nationals on a secondment or exchange basis • Context • Policy applies to critical occupations and critical skill situations (Critical occupation = scarcity at occupation level. Critical skill = scarcity within an occupation) • Employment/utilisation of foreign nationals is an interim measure

8. PURPOSE AND CONTEXT OF POLICY (cont) • Policy to a large extent elucidates and supplements current provisions in the Public Service Act (sections 9 and 15) and PSR (Chapter 1, part VII B.4), but introduces new issues: • Extend current provision for accommodation costs during official journeys abroad to seconded/exchanged RSA employee • Payment of a special deployment allowance to a seconded/exchanged foreign national • Introduce guiding principles for the employment/ secondment/exchange of foreign nationals/RSA employees • Discretionary binding of a RSA employee to continued employment after secondment or exchange

9. PURPOSE AND CONTEXT OF POLICY (cont) • Policy is generic in nature • Departments may design own policy and targeted programmes • Other employment sectors in the Public Service (SAPS, SANDF, Educators) may adopt policy in their own discretion

10. EMPLOYMENT (APPOINTMENT) OF FOREIGN NATIONALS • Principles • Due compliance with Immigration Act, 2002 and Immigration Regulations, 2005 • Employment of RSA citizens and permanent residents must receive preference • Recruitment of foreign nationals limited to critical occupations • Regular review on availability of local skills • Equity requirements of the department • Criteria with which departments must comply • SA labour market must be properly tested through national recruitment campaigns

11. EMPLOYMENT (APPOINTMENT) OF FOREIGN NATIONALS (cont) • Employment not be offered to foreign nationals where adequate supply of suitable SA citizens or permanent residents are available • Employment of a foreign national must not displace a RSA citizen or permanent resident from his/her post • Where foreign nationals are appointed and adequate supply of suitably skilled RSA citizens become available in future, their employment must be phased out in terms of their employment contracts

12. EMPLOYMENT (APPOINTMENT) OF FOREIGN NATIONALS (cont) • Identification of critical occupations • Departmental discretion according to criteria • High vacancy and/or turnover rate • Demand outweighs supply/availability in labour market • Advanced/specialised knowledge is required • RSA labour market must havebeen tested through national recruitment campaigns • Recruitment process • Job description to be compiled • Exhaust recruitment from RSA labour market • Employment in terms of treaties, etc: FA must be approached to advise on and facilitate the recruitment process in a foreign country

13. EMPLOYMENT (APPOINTMENT) OF FOREIGN NATIONALS (cont) • Selection of candidates • PSR process applies • Departments to monitor validity of work permits and to report to HA as required • Prior to employment – • SAQA must evaluate educational qualification • Security and health clearances must be done where applicable • Registration to professional councils must be finalised • The foreign national must be able to communicate effectively in at least one of the official languages as derived from the duties to be performed

14. EMPLOYMENT (APPOINTMENT) OF FOREIGN NATIONALS (cont) • Conditions of employment • Foreign nationals are appointed on same conditions offered to RSA citizens • Granting of higher remuneration levels ito PSR VC.3 is permissible • Employment must be – • Full-time • For a fixed term, in accordance with relevant work permit

15. EMPLOYMENT (APPOINTMENT) OF FOREIGN NATIONALS (cont) • Foreign nationals to be bound to – • Proper conduct and performance • Transfer of skills • Departments must report in format determined by MPSA i.t.o. PSR III J.4

16. SECONDMENT OR EXCHANGE OF RSA PUBLIC SERVICE - EMPLOYEES TO/WITH OTHER COUNTRIES • Principles • Secondment or exchange must be in national interest • Subject to employee’s consent • RSA employee may be bound to continued employment • Suitability of employee • Decision to second or exchange RSA employee to be informed by need to enhance/maintain representivity • Secondment or exchange must be cost effective • Secondment or exchange to be targeted on critical occupations and critical skills • Service delivery must not be compromised by employee’s absence

17. SECONDMENT OR EXCHANGE OF RSA PUBLIC SERVICE - EMPLOYEES TO/WITH OTHER COUNTRIES (cont) • Criteria to be met • RSA employee must be suitable i.t.o. potential, training and skills • Employee must be in a critical occupation or in need of a critical skill • Criteria to classify an occupation or skill as critical, are provided • Fair and objective selection process to be followed, but with due consideration of need to achieve representivity • Insufficient opportunities to grow the required skill in the RSA

18. SECONDMENT OR EXCHANGE OF RSA PUBLIC SERVICE - EMPLOYEES TO/WITH OTHER COUNTRIES (cont) • Secondment or exchange process • Consult with other country/stakeholders. FA must be approached for assistance to establish contact, entering into agreements • Conclude agreement and terms of secondment or exchange. Matters to be included in agreement are: • Objectives and duration of an employee’s secondment or exchange programme • Arrangements concerning the termination of the secondment or exchange programme • Arrangements concerning the funding of an employee’s secondment or exchange

19. SECONDMENT OR EXCHANGE OF RSA PUBLIC SERVICE - EMPLOYEES TO/WITH OTHER COUNTRIES (cont) • Detail concerning an employee’s accommodation, place of work, duties and other workplace arrangements • Arrangements concerning the management of the employee during secondment or exchange (Leave, duties, performance management, disciplining, compensation, etc) • Arrangements concerning confidentiality and non – disclosure of information • Obtain consent of employee (A sample agreement is provided) • Consult or obtain approval from relevant Treasury on conditions of deployment or exchange

20. SECONDMENT OR EXCHANGE OF RSA PUBLIC SERVICE - EMPLOYEES TO/WITH OTHER COUNTRIES (cont) • Terms and conditions applicable to deployment/ exchange • RSA employee retains his/her conditions of service. Arrangements concerning performance assessment and discipline to be determined by relevant parties, with consent of employee • Recipient party bear the inclusive costs of the deployment or exchange, except if agreed otherwise • RSA employee may be bound to continue employment after deployment or exchange

21. SECONDMENT OR EXCHANGE OF RSA PUBLIC SERVICE - EMPLOYEES TO/WITH OTHER COUNTRIES (cont) • If in breach, employee to repay an amount equal to the compensation (excluding remuneration) received during period of deployment or exchange • Seconded or exchanged RSA employee remains in post, but may be substituted through a temporary appointment • Departments must report in format determined by MPSA ito PSR III J.4

22. UTILISATION OF FOREIGN NATIONALS ON A SECONDMENT OR EXCHANGE BASIS • Principles • Foreign employee must be suitable ito duties to be performed and the capacity building needs of the RSA department • Compliance with treaties, work permit conditions • Foreign national’s utilisation restricted to critical occupations and scarce skills situations • Utilisation of foreign nationals subject to arrangements made by relevant national department • Delivery of services must not be compromised by utilisation of foreign national

23. UTILISATION OF FOREIGN NATIONALS ON A SECONDMENT OR EXCHANGE BASIS (cont) • Criteria to be met • Foreign national must possess required level of training and competence • The foreign national must be able to communicate effectively in at least one of the official languages as derived from the duties to be performed • Utilisation and placement must comply with work permit conditions • Criteria to classify an occupation or skill as critical for purposes of utilisation of foreign national, are provided

24. UTILISATION OF FOREIGN NATIONALS ON A SECONDMENT OR EXCHANGE BASIS (cont) • Secondment or exchange process • Consult with other country/stakeholders. FA must be approached for assistance to establish contact, entering of agreements • Conclude agreement and terms of secondment or exchange • Consult or obtain approval from relevant Treasury on conditions of deployment or exchange • Validate and evaluate qualifications of candidates • Terms and conditions applicable to deployment/ exchange • Recipient party bear the inclusive costs of the deployment or exchange, except if agreed otherwise

25. UTILISATION OF FOREIGN NATIONALS ON A SECONDMENT OR EXCHANGE BASIS (cont) • A special deployment allowance may be paid: Maximum 30% of commencing salary level of utilisation, according to departmental discretion • Departments must report in format determined by MPSA ito PSR III J.4

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