What does labour law say about foreign nationals and their rights and obligations?
The Labour Law for Managers Loose Leaf Service explains that employment laws apply to both foreign nationals and South Africans employed at your workplace.
Warning! Don't distinguish between foreign and local employees in terms and conditions of employment and other benefits especially in the following three cases...
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Treat foreign and local employees the same when it comes to:
#1: Terms and conditions of employment: This includes: Remuneration, annual leave, sick leave, family responsibility leave, maternity leave, hours of work, overtime and overtime pay, payment on public holidays or for work performed on public holidays and payment for work performed on a Sunday.
#2: Employee benefits: These include medical aid, retirement benefits and service awards.
#3: Rules, regulations and policies and procedures: You must apply the same rules, regulations and policies and procedures to foreign nationals as you would to your local employees.
These would include grievance and disciplinary procedures, performance management policies and harassment policies.
Knowing how you must treat employees who are foreign nationals at your workplace will help ensure you don't discriminate against them based on their national or ethnic origin.