Many companies are not aware of the impact of the Regulation change in 2014. It is the responsibility of the Company/Employer to ensure that all their foreign employees have a valid Work Visa.
There is a misconception that it is the employee’s responsibility but this is simply not the case. According to the Regulation the person responsible for employing and signing the foreign employees employment contract can be held personally liable. The penalty is a jail sentence and/or a fine.
It is especially important as the HR representative of the company to know what is required to be compliant with the Department of Home Affairs. Below is a outline from the Regulation:
An employer contemplated in section 38(4)(a) of the Act shall keep on record-
( a ) a certified copy of the passport of the foreigner reflecting his or her personal particulars;
( b ) a copy of the relevant visa or permanent residence permit of that foreigner;
( c ) proof of the capacity in which the foreigner is or was employed; and
( d ) a copy of the foreigners IRP5 form or certificate of earnings and job description, respectively.
If you or your company is not sure that you are compliant, South Africa Immigration Group offer a Free audit. A meeting can be arranged where our Corporate Consultant can advise and assess your current foreign employees visas to ensure that you are complaint.