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Revealed: Four employer obligations regarding foreign workers

by , 29 May 2013
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 and even imprisonment. According to the Immigration Act, there are four employer obligations you need to adhere to when employing foreign workers. Read on to find out what they are so you can comply.

Did you know that as an employer you're legally required to determine the status or citizenship of all employees your company?

This is just one of your obligations outlined by the Immigration Act. If you don't fulfill these obligations, you'll be in violation of the Act and this carries hefty fines and even jail time.

Do you know what your other obligations are?

Four employer obligations you must adhere to when employing foreign workers

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

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

Knowing your obligations when it comes to foreign workers will ensure you comply with the Immigration Act and avoid fines and even imprisonment.

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