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"Employment of Foreigners"

I would like to find out if it is not discrimination to suddenly not renew a contract for someone who has been legally working in the same organisation for 8 years? The reason for not renewing is because the 'new law' says that South Africans must be employed first.

Added to
  • Foreigners
  • Non renewal of contract

 User  NNN asked at 11 Nov. 2015


3 answers

Wouter Van Heerden
 Expert Wouter Van Heerden answered to question to 11 Nov. 2015
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This employee would enjoy the same protection under the Labour Relations Act as any other employees. Therefore, you need to be very careful on the reasoning for the termination and the associated status of the employee. Yes the legislation does require preference to be given to SA local employees but this could have an impact on the current employees in your organisation but more so the future employee.

 User NNN answered the user’s Wouter Van Heerden to 12 Nov. 2015
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Thank you for your response. The issue is not termination, but non-renewal of contract. What must the employee do?

Tracey Ndlovu
 Expert Tracey Ndlovu answered the user’s NNN to 25 Nov. 2015
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Foreign employees: The dos and don'ts of employing foreign nationals

Employing a foreign national isn’t as easy as you think. There are many dos and don’ts to consider in terms of the Immigration Act. One of these is, you MUST report the termination of any foreign worker’s employment to the Department of Home Affairs (Section 38 (4)(b) of the Immigration Act).

Not complying with this and other obligations, is a criminal offence. If you’re found guilty, you may be liable to a fine, or 1-3 years imprisonment, or both.

Don’t let that happen to you!

Follow these guidelines to find out the legal dos and don’ts of employing foreign nationals so you don’t end up paying thousands of Rands in penalties or facing jail time…

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