Undocumented foreign nationals working in SA: What employers need to know

'The audits are wide ranging and should include verification of the validity of work visas or permits to understand the employment restrictions that apply to the person.'

'The audits are wide ranging and should include verification of the validity of work visas or permits to understand the employment restrictions that apply to the person.'The Department of Employment and Labour has recently uncovered establishments in parts of South Africa that have employed undocumented foreigners.

York says Section 38 of the Act expects employers to ensure they will not employ any undocumented foreign national; a foreigner whose status does not authorise them to be employed by such industry; or a foreigner on terms, conditions or in a capacity different from their status. Some of the consequences for employing undocumented foreign nationals include fines, repeated offenders could be prohibited from employing any foreign nationals, loss of business reputation, and compliance issues.

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