Scrapping of Zimbabwean Special Permits: No claim for Unemployment Fund benefits.

SCRAPPING OF ZIMBABWEAN EXEMPTION PERMITS
NO CLAIM FOR UNEMPLOYMENT FUND BENEFITS

Dear NEASA subscriber

Since the announcement in January 2022 that the Zimbabwean Exemption Permits (ZEPs) will be scrapped, NEASA has received a mass number of inquiries regarding the effects thereof on the ZEP holders and their employers.

These concerns ranged from the possibilities of applying for and obtaining alternative work visas/permits, to the dismissal of those unable to obtain said alternative work visas, as well as the Unemployment Insurance Fund (UIF) benefits of affected ZEP employees.

Consequently, NEASA set out to acquire all the necessary information from the relevant state departments, role players and stakeholders, in order to adequately inform and advise the affected parties. As part of this quest, NEASA held a meeting with the Director of Provincial Support of the UIF, on 7 September 2022.
 

 During this meeting, the following devastating facts of reality were confirmed:

• The UIF Act in essence states, in section 16, the following:
  • an unemployed contributor is entitled to unemployment benefits for any period of unemployment lasting more than 14 days, if-
    • the reason for the unemployment is the dismissal of the contributor; and
    • the contributor is registered as a work-seeker with a labour centre; and
    • the contributor is capable of and available for work.

Therefore, if a ZEP holder fails to obtain an alternative work permit or visa, they can no longer be lawfully employed. This means that their respective employers must, in accordance with the Labour Relations- and Immigration Act, dismiss them based on incapacity.

If the ZEP holder is dismissed due to their incapacity to be lawfully employed, they will also be barred from registering as work-seekers at any labour centres (based on their illegal status), and they will not qualify as being “capable and available for work”, in terms of the UIF Act.

The hard truth therefore is that ZEP holders, who cannot obtain alternative work permits, must be dismissed, and despite having contributed to the UIF will not be able to claim UIF benefits.

NEASA’s position on the unreasonableness of the effects of the decision by the Department of Home Affairs has been communicated on numerous occasions. This is devastating for the affected employee; it is highly inconvenient to thousands of employers and will be entirely futile in terms of addressing South Africa’s unemployment crisis. These legal Zimbabwean immigrants are merely being made a scapegoat for political reasons.

Any affected ZEP holder who wishes to apply for an alternative work permit or visa, is advised to utilise the services of a specialist immigration practitioner, Henry Harper, by sending an e-mail to henry@hasslefree.co.za, or visit www.hasslefree.co.za.

As foreign nationals enjoy all the protection of South African labour legislation and the Constitution, and are afforded the same rights, employers are advised to contact NEASA for assistance should their ZEP employees fail to obtain alternative working permits.

For more information:
NEASA Media Department
media@neasa.co.za