The law and immigrant employees

The law and immigrant employees

Many people throughout Africa, look at South Africa as a place which offers socio-economic opportunities; and as a result, it has become home to many inter-regional and inter-continental migrants seeking gainful employment. What many employers don’t realise is that there are particular laws applicable to employing (and dismissing) these immigrants, which all employers will need to be aware of.

 

In terms of the Immigration Act, it is unlawful for an employer to knowingly employ a foreigner who is not authorised to be employed in South Africa. Any foreigner requires a valid work visa to work in South Africa. Often such visas are linked to a specific employer and are not transferrable. All employers are also required to make a good faith effort to ensure that they do not employ illegal foreigners. Employing a foreigner without the required visa and/or a failure to make the required good faith effort to determine an employee’s status are offences which could result in a fine or imprisonment. This means that it is incumbent on all employers to obtain the identity documents and, where appropriate, the visas of all its employees and ensure their continued validity.

 

The Labour Relations Act which protects all employees regardless of the employee’s legal status to work in South Africa. As with any other employee, the employment relationship between the parties may only be lawfully terminated for a fair reason and after following a fair process.