R100,000 fine warning for anyone employing a domestic worker in South Africa
Recently gazetted laws will hit employers hiring illegal foreign workers with a R100,000 fine for first offenders, including households that employ domestic workers.
However, this penalty can escalate to up to R1 million or even jail time if employers continue to disregard the country’s employment laws.
The proposed changes form part of the Employment Services Amendment Bill, which was gazetted on 26 May after receiving Cabinet approval for introduction to Parliament.
The bill is aimed at tightening enforcement against the employment of undocumented foreign nationals and forms part of the government’s broader response to illegal immigration.
In his address to the nation on 7 June, President Cyril Ramaphosa said the legislation would help close loopholes in existing laws and ensure that South African citizens are prioritised for employment opportunities.
The bill applies to all employers, including private households. This means homeowners who employ domestic workers without the legal right to work in South Africa could face significant penalties.
Under the proposed framework, a first offence would attract a fine of R100,000 per undocumented worker.
A second offence within three years would result in a R200,000 fine per worker, while multiple or ongoing violations could lead to penalties of up to R1 million.
Employing undocumented foreign nationals is already a criminal offence under Section 38 of the Immigration Act and can result in imprisonment.
To avoid penalties, employers must ensure that foreign domestic workers have valid passports and the appropriate visas or permits authorising them to work in South Africa.
However, migration experts have cautioned against making broad assumptions about foreign domestic workers and their role in the labour market.
In an interview with CapeTalk, Professor Jo Vearey, associate professor and co-director of the African Centre for Migration & Society, said domestic work remains a critical source of income for both South Africans and foreign nationals.
Foreign nationals are not displacing South Africans
Vearey stressed that not all foreign nationals working in South Africa are undocumented. She noted that holders of Zimbabwean and Lesotho exemption permits are legally entitled to work in the country until May next year.
She also pointed out that workers whose documentation status changes during employment remain protected by labour laws if they have employment contracts in place.
According to Vearey, the challenges facing domestic workers extend beyond questions of nationality.
She said domestic work reflects historical imbalances, and argued that many middle-class households continue to benefit from “poorly paid black labour”.
Reliable data on the number of foreign nationals employed as domestic workers is limited because of the sector’s largely informal nature. “I don’t think we can really come to a clear, conclusive number,” Vearey said.
What is better documented is the prevalence of poor working conditions. Vearey said many domestic workers, including foreigners, work without formal contracts, leaving them vulnerable and often excluded from employment protections and benefits.
She also rejected claims that migrants are broadly taking jobs from South Africans. “Data doesn’t suggest that foreign nationals are replacing or displacing South African citizens from the labour market,” she said.
Instead, she argued that many migrants accept difficult and sometimes exploitative conditions because they have moved in search of better opportunities.
Vearey said employers have an important role to play in helping foreign domestic workers regularise their status.
“This is a responsibility of those employing domestic workers who are from other countries to ensure that they are regularised and have the right to work beyond the end of the exemption permit system,” she said.
She also criticised South Africa’s immigration system, and argued that it is increasingly restrictive and makes it difficult for lower-paid workers to regularise their status.
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