7 documents you need if you are hiring foreign nationals
There are crucial documents that must be in order when hiring foreign nationals.
Picture: Pixabay/Tumisu
Clement Manyathela speaks with Justin Hattingh, Strata-g Labour Solution's senior legal advisor.
Listen below.
The Department of Labour has been conducting raids in the restaurant sector among others.
Several people have been arrested for violating the Immigration Act by failing to produce the requisite documentation.
If you are an employer who is hiring foreign nationals, there is documentation you must have in order to be legally compliant.
Work Visa
All foreign nationals employed in South Africa must have a valid visa that corresponds to the type of work they are doing.
They may need a general work visa, critical skills visa or intra-company transfer visa depending on their role.
“A work permit is usually valid for a specified period so to avoid any repercussions at a later stage, it is always recommended that employers place them on a fixed term contract.”
- Justin Hattingh, Strata-g Labour Solution's senior legal advisor
Proof of qualifications
Employers must verify that their foreign workers do possess the skills and qualifications they claim to have.
In some cases, the South African Qualifications Authority (SAQA) may need to verify their qualifications if they were obtained abroad.
Passport
All foreign workers must have a valid passport with at least 30 days' validity after the intended departure date from South Africa.
Proof of residence
Foreign workers must prove they legally reside in South Africa by providing residential lease or proof of accommodation.
Employment contract
All foreign workers must have a valid contract that outlines the terms of their employment.
The contract must align with South Africa’s labour laws and regulations.
Tax documentation
Employers must make sure that their employees are registered with SARS and have necessary clearance.
Skill transfer plan
In some cases, employers need to prove that any unique skills possessed by their foreign employee are being transferred to South African workers.
Employers who hire foreign workers without complying with these regulations can face hefty fines or even jail time.
They may also be banned from employing foreigners in the future if they are found in violation of immigration or labour laws.
Scroll up to the audio player to listen to the interview.