Labour legislation cannot be circumvented merely because an Employee is a foreign national. The employment of foreign nationals in South Africa is regulated by the Immigration Act 13 of 2002, as amended. This Act, inter-alia, provides for matters connected with the ability of foreign nationals to work in South Africa. In accordance with the provisions [...]
When it comes to the provisions of the employment of a foreign national, the key Act’s concerning this practice is the Immigration Act 13 of 2002 and the Employment Services Act 4 of 2014. Section 38 of the Immigration Act clearly states that no person shall employ an illegal foreigner, a foreigner whose status [...]
It is common knowledge that employing a foreigner without a valid work permit is illegal and exposes an employer to fines and possible prosecution. Therefore, many employers upon discovering that they have employed a foreign national without a work permit or who has an expired work permit, usually panic and follow incorrect procedures which create [...]