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ANN7 could soon discover the consequences of not complying with their foreign worker obligations

by , 17 September 2013
Africa News Network 7 (ANN7) is in the news for all the wrong reasons once again. EyeWitnessNews is reporting that it's uncovered more flouting of immigration legislation by the Gupta-owned 24-hour news channel. According to the report, seven Indian employees entered the country on visitors' visas, which prohibit employment. ANN7 has reportedly dismissed the reports as 'sensational'. Meanwhile, the Department of Home Affairs has announced that it's investigating visa irregularities at ANN7. If the news channel hasn't complied with the Immigration Act when employing foreign workers, they could face the following consequences...

There are certain obligations you have to comply with when you employ foreign workers.

According to the Labour Law for Managers Loose Leaf Service, the Immigration Act requires you to:

  • Establish that no illegal foreigner or foreigner without a work permit is employed in your organisation.
  • Determine accurately the status or citizenship of all the employees in your organisation.
  • Keep foreign national employment records for two years after their services have been terminated.
  • Report the termination of any foreign worker's employment or any breach on the part of the foreigner of his or her status to the Department of Home Affairs.

If you don't adhere to these legal requirements, you'll face the following consequences:

Your company will face these consequences if you don't comply with the Immigration Act when employing foreign workers

If you knowingly employ an illegal foreigner or a foreigner in violation of the Immigration Act you'll be committing a criminal offence.

This means you may be liable to a fine, imprisonment or both.

The Department of Labour and the Department of Home Affairs sometimes send inspectors to workplaces to determine whether or not you're contravening any laws, such as the Immigration Act.

Remember, if you're found to have employed an illegal foreigner, they'll presume you knew you were employing the foreign worker illegally when you hired him or her.

What's more, if an illegal foreigner is found on your business premises, they'll presume s/he is working for you, unless you can offer sufficient evidence to the contrary.

The bottom line: There's no such thing as a valid employment contract if your foreign employee doesn't have the correct work permit.

So make sure you establish the nationality of your prospective employees before employing them. Ask for documents such as an identity document, passport and residence permit.

Then verify this information with the Department of Home Affairs.

The penalty for contravening the Immigration Act can be severe. That's why it's crucial you treat the matter seriously. Don't make ANN7's mistake – comply with the Act when you employ foreign workers.



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