Question:

A friend of mine has employed an american passport holder here in RSA on a holiday Visa, who is married to a RSA citizen. The women in question is not registered for tax, is working illegally, taking a job away from a South Africa. my friend thinks that as the employer she has not done anything wrong. Has she? What are the implications if both employee and employer are caught? What advice can I give my friend?

Answer:

Any foreign employee must be in the possession of a valid work permit and/or temporary residence permit. A mere holiday visa is not accepted. If an investigation is done by the department of labour and she cannot produce such she could be in line for adverse fines and similar problems. The employee may be deported for breaching the conditions and prescriptions of the holiday visa. As an employer one must think with the head and not the heart.

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