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JJ
JJ, Attorney
Category: South Africa Law
Satisfied Customers: 4419
Experience:  Admitted Attorney 17 years experience
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a Zimbabwean citizen wants to take up a domestic worker position

Resolved Question:

a Zimbabwean citizen wants to take up a domestic worker position with me. I don't want to break the law. She claims her husband is an SA Citizen - do I need prooof of that?
She herself was given one of the "illegal" sa ID books just prior to 1994 elections, and claims to now have applied for a work permit as a result of the recent SA government clamp-down. What documentation must she supply to me to prove this?
What SA Government documentation does she have to have in hand in order for her to be legally employed by me?
Within the context of SA's unemployment rate, is there any restriction placed on employing foreigners for non-specialised jobs like domestic workers?
What are the SA Government's labour law regarding UIF employer and employee contributions in a case such as this?
Submitted: 2 years ago.
Category: South Africa Law
Expert:  JJ replied 2 years ago.

Hi

Welcome to Just Answer!! Thank you for giving me the opportunity to assist you.

 

You have to have one of the following:

 

1. A permanent residence permit due to the fact that her husband is a SA Citizen or

2. A work permit or

3. A SA ID book (new one off course)

 

If she cannot give you any of the above, she cannot be LEGALLY employed, not even in the interim. You can be fined if caught and she will not be covered by any Labour Law legislation or UIF if you decide to employ her.

 

You have to refer her to Home Affairs for her to get a work permit to cover yourself.

 

Regards

 

Johann

JJ, Attorney
Category: South Africa Law
Satisfied Customers: 4419
Experience: Admitted Attorney 17 years experience
JJ and other South Africa Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Johann

In terms of item 1. in your list, a permanent residence permit, must that be Her permit in her name, not the husband's permit?

Expert:  JJ replied 2 years ago.

Hi

 

She will qualify for such a permit if he is a citizen. It does have to be in HER name however, and not his name.

 

Regards

 

Johann

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