{"id":869155,"date":"2026-08-06T12:00:00","date_gmt":"2026-08-06T10:00:00","guid":{"rendered":"https:\/\/businesstech.co.za\/news\/?p=869155"},"modified":"2026-08-06T11:42:41","modified_gmt":"2026-08-06T09:42:41","slug":"new-laws-coming-after-households-employing-domestic-workers-in-south-africa-with-threats-of-r100000-fines","status":"publish","type":"post","link":"https:\/\/businesstech.co.za\/news\/government\/869155\/new-laws-coming-after-households-employing-domestic-workers-in-south-africa-with-threats-of-r100000-fines\/","title":{"rendered":"New laws coming after households employing domestic workers in South Africa, with threats of R100,000 fines"},"content":{"rendered":"\n

New restrictions and harsh penalties for hiring illegal foreign nationals, including households that employ them as domestic workers, are now being processed by parliament.<\/p>\n\n\n\n

The Portfolio Committee on Employment and Labour has formally received the proposed Employment Services Amendment Bill, initiating the process to put the proposals into law.<\/p>\n\n\n\n

The proposed laws were gazetted at the end of May after receiving Cabinet approval for introduction to Parliament.<\/p>\n\n\n\n

Broadly, the bill aims to tighten enforcement against the employment of undocumented foreign nationals in the country and forms part of the government\u2019s response to illegal immigration.<\/p>\n\n\n\n

It wants to close “loopholes” in the current labour laws, establish a legislative framework for labour migration, and protect jobs for South Africans by setting sector-specific quotas for foreign employment.<\/p>\n\n\n\n

However, as part of this process, the bill also proposes steep penalties for employers in the country who step outside the upcoming boundaries.<\/p>\n\n\n\n

Most notably, the bill proposes hitting employers hiring illegal foreign workers with a R100,000 fine for first offenders.<\/p>\n\n\n\n

However, this penalty can escalate to up to R1 million or even jail time if employers continue to disregard the country\u2019s employment laws. <\/p>\n\n\n\n

The bill applies to all employers, including private households. <\/p>\n\n\n\n

This means any homeowners who employ domestic workers without the legal right to work in South Africa could face significant penalties.<\/p>\n\n\n\n

Under the proposed framework, a first offence would attract a fine of R100,000 per undocumented worker.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

Notably, employing undocumented foreign nationals is already a criminal offence under Section 38 of the Immigration Act and can result in imprisonment.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

Public consultations coming next<\/h2>\n\n\n\n
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Labour Minister, Nomakhosazana Meth<\/figcaption><\/figure>\n\n\n\n

According to Labour Committee chair Boyce Maneli, the committee will carry the bill forward, addressing various concerns that have already been raised.<\/p>\n\n\n\n

He noted that members of the committee have already discussed mechanisms to regulate the employment of foreign nationals while protecting opportunities for South African citizens.<\/p>\n\n\n\n

The implementation of quotas and proposed penalties for non-compliant employers has also already been put on the table for discussion.<\/p>\n\n\n\n

Key to this is the question of enforcement, with the members raising the need for stronger coordination between the Labour Department, the Department of Home Affairs and law-enforcement agencies.<\/p>\n\n\n\n

The department told the committee that the bill would strengthen labour-market regulation by enhancing enforcement powers.<\/p>\n\n\n\n

It added that the proposed amendments are also intended to improve compliance with labour laws, address worker exploitation, and create a more orderly labour-migration system.<\/p>\n\n\n\n

The proposed laws will now move into the next stages of the legislative process, which will include inviting written public submissions on the bill.<\/p>\n\n\n\n

The committee will consider all submissions received during the public participation process before deliberating on the bill and advancing it through the remaining parliamentary stages.<\/p>\n\n\n\n

Organised labour, business, civil society organisations, members of the public and other interested stakeholders have all been encouraged to participate in the forthcoming public participation process.<\/p>\n\n\n\n

The full draft bill can be read below:<\/p>\n\n\n\n