In South Africa, the employment of foreign nationals is regulated by the Immigration Act and the Employment Services Act. Here are some key points to consider:
Work Permit
Employers can only employ foreign nationals who have a valid work permit, which is issued in accordance with the Immigration Act. The work permit must be applicable to the type of work being done.
Employer Responsibility
Employers are responsible for verifying that the documents provided by the employee are legal. They must also ensure that the employee’s status allows them to be employed in the capacity and on the terms and conditions specified.
Penalties
Employers who violate the Immigration Act can be fined or imprisoned.
Foreign National Rights
Foreign nationals employed without a work visa are still protected by South African labour legislation. This means they can enforce any claims they have against their employer.
Skills transfer
Employers must develop and implement a skills plan to ensure that skills are transferred from the foreign national to a South African citizen or permanent resident.
Fair Labour Practices
The Constitution of the Republic of South Africa guarantees the right to fair labour practices for everyone, regardless of nationality or visa status.
