South Africa
Immigration Act (Employer Duties) compliance, made simple
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.
ComplianceDesk gives you 6 pre-built Immigration Act (Employer Duties) controls, an evidence vault, audit-ready reports, and reminders before anything falls overdue — so proving Immigration Act (Employer Duties) compliance stops being a spreadsheet exercise.
Take the free self-assessment: a score for each area and a list of gaps to close.
What is Immigration Act (Employer Duties)?
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.
- Official name
- Immigration Act (Employer Duties)
- Status
- In force. Shown as in force as we understand it. Check the current text with the regulator or an attorney, since provisions can be amended or commence at different times.
Who it applies to
- Whether it applies to you depends on your size, activities and licences. Use the free "Which laws apply to me?" checker, or read the first section of the self-assessment.
- 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.
What you have to do
Verifying status
A business should be able to show that it can answer yes to these: Do you verify each new employee's right to work in South Africa before they start? Do the job and duties of each foreign employee match the conditions of their visa or permit? Do you track visa and permit expiry dates and act before they lapse?
Records and reporting
A business should be able to show that it can answer yes to these: Do you keep records of your status checks for the period the Act and regulations require? Do you have a written process for what to do if an employee's status turns out to be unlawful, including any reporting duty? Do your agreements with labour brokers and contractors require them to confirm that their workers are lawfully employed, with a right to audit?
Employment terms
A business should be able to show that it can answer yes to these: Are foreign employees employed on terms that comply with employment law, including the BCEA and minimum wage?
How to comply, step by step
- Verifying status. Use a checklist per nationality type, keep copies and record who checked and when. Record the permit type, employer, role and expiry on the personnel file. Follow up 60 to 90 days before expiry and keep proof of any renewal application.
- Records and reporting. Confirm the period and protect the records under POPIA. Take legal advice, then document the steps. Commentators note a tension between reporting and employment rights. Add a clause and review it on renewal.
- Employment terms. See the BCEA and National Minimum Wage assessments. The Employment Services Act amendments on quotas are proposed and not confirmed.
Sources and review status
Compiled from the public sources below. It is not legal advice and has not been reviewed by a lawyer. Last researched 2026-11-01. This is general information, not legal advice. Laws change, so check the current text and the regulator's notices before relying on it.
Every Immigration Act (Employer Duties) control, organised for you
The real control library ComplianceDesk seeds the moment you activate Immigration Act (Employer Duties) — 6 controls across 2 categories.
Verifying Status
- IMM-1.1 Status verified before employment starts
- IMM-1.2 Permit conditions respected
- IMM-1.3 Expiry dates diarised and acted on
Records & Reporting
- IMM-2.1 Employee status records kept
- IMM-2.2 Suspected illegal employment reported
- IMM-2.3 Labour contractors and agencies checked
Frequently asked questions
How can I check where my business stands on Immigration Act (Employer Duties)?
Take the free self-assessment. It scores each area, lists your gaps with what to do about each one, and does not say you are compliant. You can save the result to ComplianceDesk to turn each gap into a task with an owner and a due date.
Is this guide written by a lawyer?
No. It was assembled from the public sources listed below and has not been reviewed by a lawyer. Treat it as a starting point and check the current law before relying on it.
How many controls does ComplianceDesk track for Immigration Act (Employer Duties)?
6, organised into 2 categories, ready to assign to an owner as soon as you activate the framework.
Can I track Immigration Act (Employer Duties) alongside other frameworks?
Yes — most teams activate several frameworks at once. Controls that overlap across frameworks can share the same evidence, so you don't collect the same document twice.
How long does it take to set up Immigration Act (Employer Duties) in ComplianceDesk?
Activating Immigration Act (Employer Duties) instantly seeds its full control library. Most teams assign owners and get their first controls moving within a day.
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