Labour dept to fine employers R10k for hiring undocumented foreign nationals

by Rachel Morgan News Editor

More than 100 undocumented foreign nationals were arrested Friday during inspections of construction sites in Ekurhuleni, as the Department of Employment and Labour cracks down on non-compliant employers.

Inspections Reveal Widespread Non-Compliance

Deputy Minister Jomo Sibiya led the inspections, which revealed multiple violations of labour laws and basic conditions of employment acts at two construction sites. The Department of Employment and Labour announced it will fine employers R10,000 for every undocumented foreign national they hire.

Did You Know? Deputy Minister Jomo Sibiya was appointed to his position on July 3, 2024.

During a visit to a construction site in Tembisa, Sibiya questioned workers about their employment conditions, asking if they received leave, pay slips, contracts and overtime compensation. He stated the high unemployment rate in the country is, in part, due to the hiring and exploitation of undocumented foreign nationals.

Future Enforcement

The Department plans to deploy thousands of additional inspectors across various sectors to ensure compliance with labour laws. Sibiya indicated the department will build cases against employers who repeatedly violate the law, potentially leading to prosecution.

Expert Insight: The Department’s increased focus on enforcement signals a commitment to protecting the rights of all workers and addressing concerns about the impact of undocumented labour on domestic employment opportunities. This approach could lead to increased scrutiny of hiring practices and potentially disrupt certain sectors reliant on this workforce.

Sibiya promised tough action against employers found to be breaking the law, stating, “Each and every illegal foreign immigrant that we find, I believe in Gauteng its R10, 000 per illegal foreign national.”

Frequently Asked Questions

What prompted these inspections?

The inspections were led by Deputy Minister Jomo Sibiya to clamp down on employers who are not complying with labour laws and basic conditions of employment acts.

How many people were arrested?

More than 100 undocumented foreign nationals were arrested during the operation.

What will happen to employers found to be in violation?

Employers will be fined R10,000 for every undocumented foreign national they have hired, and repeat offenders may face prosecution.

As the Department of Employment and Labour increases inspections and enforcement, what impact do you foresee on the construction industry and other sectors reliant on foreign labor?

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