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:
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.