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Can you employ a foreign national who doesn't have legal papers?

by , 27 September 2013
Let's say you've got the perfect candidate for the job. But you've just found out he's a foreign national and he doesn't have the right papers for you to legally employ him. Can you still offer him the job? Read on to find out what the immigration Act says you must do...

If you're not sure about what the Immigration Act says about offering jobs to foreign nationals without the proper documents, don't fret, the Labour Law for Managers Loose Leaf Service has got you covered.

Here's how to offer to employ a foreign national who doesn't have the right papers

According to the Labour Law for Managers Loose Leaf Service, if a prospective employee is a foreign national and you're keen on employing him, you can make an offer to employ him with what's called a suspensive condition.

The condition states that your prospective employee's employment is subject to him complying with the legal requirements in the Immigration Act within a certain time period.

It'll then be up to the foreign national to get the necessary permits from the Department of Home Affairs.

You must select the time period that best suits your operational requirements. If your prospective employee doesn't fulfill the terms of the suspensive condition, the offer would automatically lapse.

This means there would be no employment contract concluded between you two.

Under no circumstances should you employ a foreign national unless and until he's complied with the legal requirements of the Immigration Act.

Remember, if you knowingly employ a foreign worker who doesn't have the right papers or has entered the country illegally, you're committing a criminal offence and could face fines or imprisonment.

If you want to employ a foreign national who doesn't have legal papers, make an offer to employ him with a suspensive condition. And make sure he complies with it.

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