Dear employer
The threatened anti-immigration march planned for 30 June 2026 has placed the issue of employment of illegal immigrants squarely in the spotlight.
The threats have led the Department of Home Affairs, accompanied by the Department of Employment and Labour and the South African Police Service, to intensify inspections at employer premises in order to ascertain if any illegal foreigners have been employed.
Employers found to be in contravention of the Immigration Act are, upon conviction, liable for an unspecified fine or imprisonment not exceeding 1 year for a first offence.
The modus operandi seems to be to arrest employers that employ foreigners in contravention of the Immigration Act and impose a fine of R10 000 per undocumented worker upon such employers, if they sign an admission of guilt.
Employers should ensure that all foreign nationals in their employ have a valid and proper permit to be employed in order to avoid liability.
| Employers should also note that foreign employees, even illegal ones, enjoy full protection under South African labour law and cannot therefore be summarily dismissed without following due process. |
Employers who do have illegal foreigners in their employ should do the following:
- contact NEASA for assistance;
- allow the employee an opportunity to obtain the necessary permits;
- place the employee on unpaid leave for this period; and
- if the employee is unable to obtain a permit, a general incapacity process must be followed in order to terminate employment.
| Furthermore, the planned anti-immigration march on 30 June does not constitute a socio-economic protest as contemplated in the Labour Relations Act, and therefore, employees may be disciplined for absenteeism due to participation in the march. The normal rules of No-Work-No-Pay will be applicable. |
However, due to the possible violent nature of the planned march, employers should be mindful to evaluate each incident of misconduct, in particular absenteeism, on its own merits and not follow a blanket approach.
NEASA members can contact their Regional NEASA office for assistance in this regard or contact our hotline on 0860 163 272.
For more information
NEASA Media Department
media@neasa.co.za
