Employing Undocumented Foreign Workers: What South African Employers Must Know
Employers in South Africa must know that it is against the law to hire someone who does not have the right to work in the country. A new law proposes a fine of R100,000 for employers who break this rule. This law is not in effect yet, but the current fine is R20,000.
What are the rules?
Employers can only hire foreign workers if they have valid work permits. Refugees with correct permits or people with exemption permits (like the Zimbabwe Exemption Permit) are allowed to work.
What about domestic workers?
Domestic work and gardening are not seen as scarce skills. This means it is very hard for foreign workers to get a work permit for these jobs. So, many domestic workers end up working without papers.
What are the risks?
- For employers: You can be fined or even sent to prison if you hire an undocumented worker.
- For workers: You can be arrested and deported. You may also be exploited, like not getting paid the minimum wage or having no contract.
Who checks the rules?
The government is hiring 10,000 new labour inspectors. They will visit workplaces to make sure employers follow the law. They can enter your house for inspection only if you allow it or if a court gives permission.
Can the police ask for documents?
Police can ask anyone in a public place to show their ID if they have a good reason to think the person is foreign. But they cannot search your home without a warrant. If you have papers but left them at home, the police must help you prove your identity in other ways.
What about xenophobia?
Some groups target foreign workers. But the law says you cannot ask workers for papers just because you suspect they are foreign. Groups that do this can be taken to court.
It is important for both employers and workers to know their rights and follow the law.
This article was originally published on Daily Maverick.
