South Africa: Recruitment and selection

Original and updating authors: Helen Wilsenach and Pascale Towers, Bowmans

See the legal services provided by the author of International > South Africa, including any discounts/offers for subscribers.

Summary

• Employers are prohibited from unfairly discriminating, directly or indirectly, against an employee or job applicant, in any employment policy or practice, on any ground or grounds. (See Discrimination)
• There is no legislation that specifically regulates job advertisements, except in terms of non-discrimination. (See Advertising vacancies)
• Other than certain provisions on the testing of candidates and non-discrimination provisions, there is no specific legislation regulating recruitment and selection practices in the private sector. (See Selection)
• There is no legislation that expressly governs job offers. (See Job offers)
• There are various rules regarding work carried out by young people and children. (See Young people and children)
• Any foreign national wishing to work in South Africa can do so only if a valid visa or permission covering the work has been issued by the Department of Home Affairs. (See Foreign nationals)
• Legislation requires "designated employers" to take affirmative action measures to redress the disadvantages in employment experienced by "designated groups". (See Priority for employment)