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"Can a foreigner on a work visa violate his visa?"

We have a foreigner director on a South African work visa who is currently breaking several South African Larbour Laws. I wish to report it further up the authority chain to inform my company about the financial implications. However can this director loose his work visa if he is found guilty of Larbour laws such as racial discrimination, unlawful salary deductions, and abuse at work place? Or will he or the company just receive fines?

Added to
  • Foreigners
  • Larbour law violations

 User  meriks asked at 01 Mar. 2016


2 answers

Wouter Van Heerden
 Expert Wouter Van Heerden answered to question to 04 Mar. 2016
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I don`t think the actions you / the company takes will have any impact on his visa unless if the visa was specifically issued for the Director to work for this company only (conditional). If not, then the company will have to consider the actions of the Director and take remedial actions.

Tracey Ndlovu
 Expert Tracey Ndlovu answered the user’s Wouter Van Heerden to 15 Mar. 2016
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The one way to hire a foreign national who doesn't have the right papers...
  If you knowingly employ a foreign worker, who doesn’t have the right papers or has entered into the country illegally you’re committing a criminal offence. You’ll face fines and/or imprisonment. Plus you’re legally required to check the status or citizenship of all the employees in your organisation? This is just one of your obligations as an employer outlined by Immigration Act.
  We recently updated the Labour Law for Managers Handbook with everything you need to know about employing a foreign national!
  In the latest update we'll show you: 
      The consequences of not complying: don’t expose yourself to criminal charges     How to offer to employ a foreign national who doesn’t have the right papers     Your legal obligations: Beware of what the Immigration Act says     What are the consequences for illegal foreigners who are employed?     Case law: Discovery Health Ltd v CCMA & others (CLL Vol 17, April 2008)
  We also covered the following in this update...
      A detailed explanation of who qualifies for maternity leave - and yes, this includes men!      And the 5 provisions under the Employment Services Act you have to comply, and the requirements under each provision.
  Keep reading to find out how to get your hands on this invaluable information, and more...

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