BUSINESS NEWS - All eyes are on the Department of Home Affairs and the Department of Employment and Labour in the wake of the collapsed building disaster at 75 Victoria Street, George.
South African National Civic Organisation (Sanco)* voiced their concern in a statement last week, saying the disaster could have been avoided if workers had a safe, reliable work environment.
"Sanco George is disappointed at these departments and the George Municipality for lack of monitoring and enforcement of building regulations and relevant labour laws," reads their statement. Sanco calls for a comprehensive investigation into the "real reasons" for the collapse of the building.
George Municipality gave detailed feedback on their role regarding building regulations. Read more about this in Alida de Beer's article "Municipality says engineer deemed 'adequately qualified'" at www.georgeherald.com.
By the time of going to press, the departments of Employment and Labour and Home Affairs have not responded to enquiries regarding the employment of illegal immigrants and consequences for employers.
The departments were also asked for general comment on the collapsed building disaster.
Generally perceived notions
A local labour consultant, Magda van der Westhuysen, gave some insight into some of the generally perceived notions regarding the role of the Department of Employment and Labour.
"The Labour Relations Act provides protection for all workers, whether they are illegal workers or not," said Van der Westhuysen.
"Foreigners are often desperate for work and this provides an opportunity for certain employers to exploit these people. The foreigners flee from places where they are dying of hunger. They come here with the hope of a better life and some of the South African employers exploit them. They often know the workers are illegal and that they as employers can get into trouble, but the underpayment is a bigger bait."
She recalled a situation in the Free State a few years ago where illegal immigrants were used as labourers on a farm without payment for months. At some point they were loaded in a truck and taken back to their country of heritage.
"These people lived in structures covered with black bags. The conditions were terrible. It was actually slave labour. It is for situations like these that the Labour Relations Act provides protection."
The Immigration Act and Regulations
The article titled What employers need to know about employing foreigners in South Africa on the website labourguide.co.za gives a quick round-up of some of the essentials one should know when employing foreign nationals.
In terms of the Immigration Act, duty is placed on the employer to make an effort, in good faith, to ensure that no illegal foreigner is employed by it and to ascertain the status or citizenship of the people it employs.
The Immigration Act provides that anyone who knowingly employs an illegal foreigner or a foreigner in violation of the Immigration Act, shall be guilty of an offence and liable to a fine or a period of imprisonment not exceeding one year for a first offence.
The Labour Relations Act
The article points out that there is a misguided view among employers that they can sidestep labour regulations when it comes to employing foreigners.
"It is important to note that foreign employees, including those who do not have valid working visas, are afforded legal protection from unfair dismissal under the Labour Relations Act 66 of 1995."
In other words, even if a foreigner is working illegally, they are still protected through the Labour Relations Act. This is confirmed by Van der Westhuysen, who said should an illegal immigrant be dismissed by his employer, the employee has the right to approach the CCMA (Commission for Conciliation, Mediation and Arbitration).
"They are also protected by the act," she said.
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