Employment of Illegal foreigners: What employers need to know

Employment of Illegal foreigners: What employers need to know

Podcast

Employment of Illegal foreigners: What employers need to know

Podcast

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Imraan highlighted that since July this year, the Department of Employment and Labour has conducted 2,135 inspections across the country, with the majority taking place in the Western Cape and Gauteng. These inspections have addressed a range of employment-related issues, including compliance with the Immigration Act regarding the employment of illegal foreigners, general employment regulations, the National Minimum Wage Act, and the Occupational Health and Safety Act.

Imraan also noted an increase in workplace inspections by the Department of Employment and Labour, initially focusing on the hospitality industry but now extending to various other sectors.

Imraan explained that employers are legally obligated under the Immigration Act to ensure they do not hire illegal foreigners. An illegal foreigner is someone who lacks the proper documentation, such as a valid permit or work visa, or whose immigration status does not authorise them to be employed in South Africa. Employing a foreigner under conditions that differ from those specified in their work permit is also a violation of the Immigration Act.

Imraan emphasised that non-compliance with the Act constitutes a criminal offence, carrying serious consequences for employers who violate these regulations.

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