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The one way to hire a foreign national who doesn't have the right papers...

by , 15 March 2016
I know it probably isn't news to you... But if you knowingly hire a foreign worker who doesn't have the right papers or has entered the country illegally, it's a crime. And if you're caught, you'll face fines or even go to prison.

But there is one way you can hire someone who doesn't have the documents needed! Read on to find out more.

***Author recommends***
Don't land up in jail because you didn't read this…

If you knowingly employ a foreign worker, who doesn't have the right papers or has entered into the country illegally you're committing a criminal offence. You'll face fines and/or imprisonment. Plus you're legally required to check the status or citizenship of all the employees in your organisation? This is just one of your obligations as an employer outlined by Immigration Act.

We show you everything you need to know!
***

How to employ a foreign national who doesn't have the right papers

If you want to hire a foreign national you can make an offer of employment with a suspensive condition.

This must say his employment is subject to him complying with the legal requirements in the Immigration Act. Include a time frame for him to comply. It'll be up to the foreign national to get the right permits from the Department of Home Affairs. Don't hire him until he has valid papers.

Choose the time period that best suits your operational requirements. Just bear in mind you may have to appoint someone else in that position. If he doesn't fulfil the suspensive clause, the offer lapses and you won't conclude the employment.

Don't ever hire a foreign national until he's complied with the legal requirements of the Immigration Act. If you do, you'll be faced with the following…

***Must have***
Foreign employees: The dos and don'ts of employing foreign nationals

Employing a foreign national isn't as easy as you think. There are many dos and don'ts to consider in terms of the Immigration Act. One of these is, you MUST report the termination of any foreign worker's employment to the Department of Home Affairs (Section 38 (4)(b) of the Immigration Act).

Not complying with this and other obligations, is a criminal offence. If you're found guilty, you may be liable to a fine, or 1-3 years imprisonment, or both.

Don't let that happen to you!
***
 
The consequences of not complying: Don't expose yourself to criminal charges

If you knowingly hire an illegal foreigner or a foreigner in violation of the Immigration Act, you'll be committing a criminal offence. You'll then be liable for a fine and/or imprisonment. The Department of Labour and/or the Department of Home Affairs sometimes send inspectors to workplaces to check if you're breaking any laws. For example, the Immigration Act. The penalty for contravening the Immigration Act can be severe. So make sure you treat the matter seriously.

So, just as you'd cover yourself with all your employees, make sure you do with foreign employees too!

In the latest update to the Labour Law for Managers Handbook, I'll show you:
  • The consequences of not complying: don't expose yourself to criminal charges
  • How to offer to employ a foreign national who doesn't have the right papers
  • Your legal obligations: Beware of what the Immigration Act says
  • What are the consequences for illegal foreigners who are employed?
  • Case law: Discovery Health Ltd v CCMA & others (CLL Vol 17, April 2008)
But we don't just include practical advice on foreign nationals, you'll also get:
  • A detailed explanation of who qualifies for maternity leave - and yes, this includes men! 
  • And the 5 provisions under the Employment Services Act you have to comply, and the requirements under each provision.
P.S. With the Labour Law for Managers Loose Leaf Service, you'll never find yourself on the wrong side of labour legislation again! Get your copy with a 30-day risk free review period now…


 


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