Compliance with labour laws under the spotlight
21 Jan 2022
The employment and labour department has emphasised that worker rights apply to both South African and foreign national employees.
In a statement on compliance with labour laws, the department confirmed that the “premise of our legislation is predicated upon protecting all employees despite their nationality as long as employment relationship can be identified”.
The department added that both South African and foreign national employees are entitled to conditions of employment and the prescribed minimum wage.
“Any employer who departs from this principle because an employee is a foreign national violates our laws.”
The labour minister, Thulas Nxesi, called on stakeholders that intend to identify areas of non-compliance with labour laws to “act cautiously and show character by desisting from violence and intimidation”.
The department highlighted that draft regulations on the employment of foreign workers in South Africa are in the pipeline.
Draft regulations were published for comment at the end of 2018 in terms of the Employment Services Act.
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(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/s or the relevant provider.)