Cape Town – South African households that employ undocumented foreign nationals as domestic workers could face fines of up to R100,000 per worker under proposed amendments to the country’s employment laws.
According to BusinessTech, the proposed Employment Services Amendment Bill is now open for public comment after being approved by Cabinet and introduced to Parliament.
The Bill seeks to tighten regulations around the employment of foreign nationals and close what government describes as loopholes in existing labour laws.
Under the proposed system, a first offence could attract a R100,000 fine per undocumented worker, while a second offence within three years could result in a R200,000 penalty. Repeat or serious violations could attract fines of up to R1 million or possible imprisonment.
The proposed penalties would apply to private households as well as businesses, meaning people employing domestic workers, gardeners, caregivers or other household staff would also be covered.
Enforcement mechanisms
However, Daily Maverick has stressed that the proposed R100,000 penalty is not currently in force. Employing an undocumented foreign national is already unlawful under the Immigration Act, but the new fixed penalty would only apply if the Bill becomes law.
The Department of Employment and Labour has meanwhile intensified inspections targeting employers who fail to comply with immigration and labour laws.
Deputy Minister Jomo Sibiya said: “We are going to continue to conduct all these across the country.” He also warned that employers have a responsibility to verify the documents of foreign workers before hiring them.
The proposed Bill would also give the government greater scope to regulate the employment of foreign nationals through sector-specific or geographic limits and strengthen enforcement mechanisms. IOL reported that the legislation is intended to strengthen labour inspections and prioritise South African citizens and permanent residents in recruitment.
For households employing foreign domestic workers, the immediate requirement remains to ensure that workers have valid immigration documents and that their permits authorise them to work.
Public comments on the proposed legislation form part of the parliamentary process before any new penalties can become law.
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Compiled by Betha Madhomu
