In a previous article, we dealt with the question of whether you may employ a foreigner and the answer is a very definite YES – as long as you ensure that the worker is in possession of a valid work permit or asylum permit.

Renewal of current valid work permits

In cases where your domestic worker has a valid work permit and it is renewable then your domestic worker does not have to return to the country of origin and the renewal can be done locally through VFS Global at a cost of R2870. (Click here to see branches – https://www.vfsglobal.com/dha/southafrica/where-to-apply.html)

PLEASE NOTE: The renewal application must be done at least 14 days, or earlier, before the current Work Permit expires.

What happens if my domestic worker’s work permit has expired

Where the work permit has expired, or the worker does not have a work permit, your domestic worker will be required return to the country of origin and this is where a solid agreement is necessary to cover the employer in the eventuality that the renewal process is delayed and he/she returns days or even weeks after the intended or agreed date.  eDomestix should assist you with drafting of the agreement, since circumstances may vary.

Your domestic worker will only succeed with a work permit application in his/her own country if they have a valid undertaking that you as the employer will employ them when they return to RSA. They also need a certified copy of your ID.

Can I dismiss my domestic worker if I discover that he/she does not have a valid work permit?

When you employ a foreigner with or without a work permit then you must understand that you accept all the risks and responsibilities and that foreigners are covered by all the Labour Laws of RSA as if the worker is a South African citizen.

Termination of the services of a foreigner will be subject to the same scrutiny by the CCMA to determine whether the termination was according to a fair procedure and for a valid reason.  This applies whether or not the worker has a valid work permit.

Please do not hesitate to contact us if you have any questions in this regard.

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