New bill proposes R100k fines for hiring undocumented workers
A new bill proposes fines of up to R100 000 per undocumented worker, including private households employing domestic workers and gardeners.
LIMPOPO – Households across Limpopo that employ domestic workers, gardeners, or caregivers are being warned of steep new fines for hiring foreign nationals without legal work status, with penalties reaching up to R100 000 per worker for a first offence.
The warning comes as Parliament’s Portfolio Committee on Employment and Labour has formally opened the proposed Employment Services Amendment Bill for public comment, calling on all stakeholders to have their say.
The bill, which was gazetted in late May after receiving Cabinet approval, aims to tighten enforcement against the employment of undocumented foreign nationals and forms part of government’s broader response to illegal immigration.
What the bill proposes
Under the proposed framework, employers found to have unlawfully employed foreign nationals could face:
| Offence | Penalty |
|---|---|
| First offence | R100 000 fine per undocumented worker |
| Second offence within three years | R200 000 fine per worker |
| Multiple or ongoing violations | Up to R1 million or jail time |
Applies to private households too
The bill applies to all employers, including private households. This means any homeowner who employs a domestic worker, gardener, or caregiver without the legal right to work in South Africa could face significant penalties.
What employers need to check
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.
Documents that may authorise work include:
- A valid work visa
- Permanent residence documentation
- Refugee or asylum documentation
Not yet law – have your say
The Employment Services Amendment Bill is currently before Parliament and has not yet become law.
The public comment period is open until November 6, 2026.
The bill must still go through the full legislative process, including committee scrutiny, debates, and voting by lawmakers before it can be signed into law.
