Self-assessment
Immigration Act (Employer Duties) Self-Assessment
7 yes/no questions on the employer duties in the Immigration Act 13 of 2002. You get a score for each area and a list of gaps with what to do about each one.
1. Verifying status
Reports say section 38 bars employing an illegal foreigner or someone whose status does not allow the work, and requires a good-faith effort to verify status.
1. Do you verify each new employee's right to work in South Africa before they start?
(Immigration Act s38)
2. Do the job and duties of each foreign employee match the conditions of their visa or permit?
(Immigration Act s38)
3. Do you track visa and permit expiry dates and act before they lapse?
(Immigration Act s38)
2. Records and reporting
1. Do you keep records of your status checks for the period the Act and regulations require?
(Immigration Act s38 to 46)
2. Do you have a written process for what to do if an employee's status turns out to be unlawful, including any reporting duty?
(Immigration Act)
3. Do your agreements with labour brokers and contractors require them to confirm that their workers are lawfully employed, with a right to audit?
(Immigration Act, Employment Services Act)
3. Employment terms
1. Are foreign employees employed on terms that comply with employment law, including the BCEA and minimum wage?
(BCEA, National Minimum Wage Act, Employment Services Act)
Sources
Turn these gaps into tracked tasks
Assign owners and due dates, keep the evidence, and show your progress to clients and auditors.