Dear employer
As a result of the ongoing workplace inspections in South Africa, NEASA has received numerous enquiries from employers regarding the verification of the permits, visas, asylum and refugee statuses of the foreign nationals they employ.
Although employers are legally required to produce the relevant documentation requested by authorised officials during an inspection, we wish to remind employers that their legal obligation extends only to taking reasonable steps, in good faith, to ensure that they do not employ illegal foreigners.
Employers are therefore urged to ensure that they at least make the bona fide effort to retain certified copies of passports, permits, visas, and employment contracts of all foreign-national employees, and to ensure that these documents remain valid and have not expired.
Should an employee provide incorrect and/or fraudulent documentation, and the employer has taken reasonable steps as outlined above, the employer cannot be held accountable for the employee’s misrepresentation or for breaching any immigration laws.
In order to assist employers who wish to verify the validity of the documentation that they have of their foreign national employees, NEASA recommends that employers consult with immigration specialist, Henry Harper, for his verification services, which include:
- advice on South African immigration matters, including assessing whether a foreign national qualifies for a work visa; or
- verification of whether a foreign national is legally entitled to work in South Africa based on the documentation provided.
For any enquiries or further information regarding this service, please send an email to henry@hasslefree.co.za
For more information
NEASA Media Department
media@neasa.co.za
