Warning to employers: joint inspections

The new Minister of Home Affairs, Dr Leon Schreiber, announced in July 2024 plans to enhance collaboration among key stakeholders and tackle pressing issues within the immigration sector.  This includes the collaboration between the Departments of Home Affairs, Employment and Labour, SA Police Service (SAPS) and local government.  Minister Schreiber further announced that these departments will conduct joint operations to enforce legislation.

Joint multi-departmental blitz inspection operation

Following complaints with the Department of Employment and Labour (DoEL) and social media outcries, a joint multi-departmental blitz inspection operation was conducted in mid-September 2024 by the Departments of Home Affairs, DoEL, officials from the Bargaining Council, and the “HAWKS” (Directorate for Priority Crime Investigation) at two hospitality establishments in Menlyn, City of Tshwane.  Several instances of alleged non-compliance with labour and immigration legislation by the respective employers were uncovered and it’s been reported that several arrests have been made.  The DoEL stated in various media briefings that they found that the employers did not comply with paying the appropriate wages, and also found undocumented foreign national employees during these inspections.

These multi-departmental blitz inspections by the DoEL in conjunction with Bargaining Council officials, the Department of Home Affairs and SAPS were then rolled out to the hospitality sector at restaurants across South Africa.

Compliance assessments

Inspectors conduct compliance assessments to ensure employers adhere to legislation, including the:

• Basic Conditions of Employment Act (Act 75 of 1997 as amended)
• Occupational Health and Safety Act (Act 85 of 1993 as amended)
• Unemployment Insurance Act (Act 63 of 2001 as amended)
• Compensation for Occupational Injuries and Diseases Act (Act 130 of 1993 as amended)
• Employment Services Act (Act 4 of 2014 as amended)
• National Minimum Wage Act (Act 9 of 2018 as amended)

This stringent approach to enforcement reflects the National Government of Unity’s commitment to addressing the obstinate issue of employing foreign citizens illegally. It is crucial for businesses to ensure compliance with immigration regulations to avoid legal repercussions and contribute to a fair and secure labour market in South Africa. Employers who are found to be in violation of immigration legislation may face significant consequences, including fines, imprisonment, or a combination thereof.

Employers – key things to know going forward:

• Increased inspections: based on media statements, the Department of Home Affairs plans to increase inspections in restaurants, spaza shops, farms, and mines by over 50% to address illegal employment practices.
• Collaboration and joint operations with the DoEL, SAPS, Bargaining Councils and local government agencies will likely continue.
• Illegal foreign employees are also afforded the same protection under South African labour law as employees who are South African citizens. As such, they may also not be subjected to unfair treatment in the workplace, or summarily dismissed without following proper and fair procedures.
• Illegal foreign employees also have the legal recourse of referring disputes to the Commission for Conciliation, Mediation and Arbitration (CCMA), Bargaining Councils and in some instances the Labour Court.
• Employers are prohibited from employing any illegal foreign nationals in terms of the Immigration Act (Act 13 of 2002 as amended), with penalties that could lead to a fine and/or imprisonment.
• The laws and agreements governing conditions of employment and applicable minimum wages are not identical for all types of industries and can very well differ depending on the employer’s industry and geographical location, as well as the employee’s position with the employer.
• Compliance with legislation is fundamental, and non-compliance has serious consequences.

Employers are urged to ensure that they comply with all relevant legislation to avoid potential penalties or disruptions. Members are urged to contact the LWO Employers Organisation to assist with inspections. We are here to assist you with ensuring compliance and navigating any challenges related to inspections.

 Telephone: 0861 101 828 | Email: info@lwo.co.za | Website: www.lwo.co.za

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