The legal right to work needs to be clarified for producers and auditors, particularly when employing foreign nationals. Before being employed by a South African business, all foreign workers in South Africa must possess a valid passport or ID and the necessary work permits. Employing foreign nationals without a valid work permit and passport is illegal under the Immigration Act 13 of 2002 (as amended).
Section 38 of the Immigration Act explicitly states that no employer may hire an illegal foreigner and that verifying each employee’s citizenship or legal status is the employer’s responsibility.
Producers must ensure they have a reliable recruitment system in place that verifies the following:
- Exemption Status: Does the employee fall under any exemption categories for Zimbabwean or Lesotho nationals? If so, they cannot be deported but must still reapply for their work visas, which can be done through the VFS Global Online Application for Zim and Lesotho nationals: https://www.vfsglobal.com/one-pager/zimbabwe/southafrica/english/.
- Legal Documentation: Is the employee a legal foreign national with all necessary documentation?
- Validity of Permits: Are the employee’s work permit and passport up to date? Ensure these documents are valid and legally binding.
- Age Compliance: Is the employee of a legal working age? Remember, employing any child under 15 is prohibited by law, and strict regulations apply to workers aged 15 to 17.
Businesses must comply with legal requirements when employing young workers and ensure proper working conditions are met as specified by law. Employers can contact the Department of Home Affairs for assistance in verifying passports and work permits or use other available verification programs.
For further information on the employment of foreign nationals or refugees, please visit the Immigration Act document.
