The National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI) has intensified joint inspections targeting the employment of undocumented foreign nationals in the road freight sector.
Collaborating with law enforcement, the council has already conducted 129 multi-disciplinary inspections between March and September 2024, a significant increase from the 41 inspections carried out in the previous year.
These inspections align with an 11-point action plan by the Road Freight and Logistics Interministerial Task Team, created to address industry-wide non-compliance.
Participating in the operations are the South African Police Service, the Department of Home Affairs, the Department of Employment and Labour, and representatives from the NBCRFLI and associated parties, including the Motor Transport Workers’ Union (MTWU), South African Transport and Allied Workers’ Union (SATAWU), and the Road Freight Association (RFA).
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A recent circular issued by the NBCRFLI in October 2023 warned employers against hiring undocumented foreign nationals, reiterating clause 58 of the Main Collective Agreement.
This provision mandates employers to take genuine measures to ensure compliance with employment and immigration laws, Basic Conditions of Employment Act (BCEA), and Employment Services Act.
However, NBCRFLI stakeholders have expressed concern that existing fines for hiring undocumented workers are insufficient to deter the practice.
“Employers often absorb the fines and continue to employ undocumented foreign nationals,” the council remarked, calling for a stronger legislative framework to discourage repeat offenders.
As the industry awaits more decisive legal measures, the NBCRFLI pledges continued collaboration with government agencies to enforce compliance and address the sector’s longstanding challenges.
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