Labour and HR Club Q&A
Attention employers: From the Department of Labour

You MUST display a summary of the Basic Conditions of Employment  Act and Employment Equity where all employees can see it. This is a mandatory notice for all employers, no matter how many people you employ – 1 or 100!
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"foreign employees & permits"

What does the company do when a current employee always had his work permit renewed on an annual bassis. with the new laws the employee is battling to get permit renewed. How do we terminate without landing up at ccma. This will also cause problems with department of labour.

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  • Foreigners
  • Foreigners and new permit laws

 User  annie9544 asked at 20 Feb. 2016


2 answers

Wouter Van Heerden
 Expert Wouter Van Heerden answered to question to 29 Feb. 2016
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You would have to follow the incapacity procedure for this employee. You would call for an enquiry and address the employee`s inability to perform his work legally with the required permit of work. Out of this enquiry a decision will be taken on how the employee will be treated, for example, perhaps giving him unpaid time off to resolve the matter and present the required permit (limit to what is reasonable under the circumstances). If you decide to terminate his services in this respect, remember that it is a termination that required notice to be given.

Tracey Ndlovu
 Expert Tracey Ndlovu answered the user’s Wouter Van Heerden to 01 Mar. 2016
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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…

But what if you don’t currently employ a foreign national?

You might not employ a foreign national now. But, if in future you decide to recruit someone for a position, you might receive a job application from a foreign national. And, if you hire him, you could be guilty of contravening the Employment Services Act.

The recent amendment to this Act has requirements that affect how you hire foreign nationals. There are specific measures you must take as an employer before, during and after hiring a foreign national.

And that’s where the Foreign employees: The complete HR manager’s guide to employing foreign nationals comes in…

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