Important new law — 2026. The Employment Services Amendment Bill, gazetted on 26 May 2026, proposes fines of R100,000 per undocumented foreign worker for first-time offenders — including private households. This bill is before Parliament and not yet law, but employing undocumented foreign nationals is already illegal under the existing Immigration Act. Do not wait for the bill to pass. Act now.
The simple rule
You can legally employ a foreign national as a domestic worker — but only if they have the correct documentation. It is not the nationality that matters. It is the documentation.
✅ What you must check before employing anyone
Valid passport
Check that the passport has not expired. Note the passport number and expiry date and diarise a reminder 3 months before it expires.
Valid work authorisation
They must have one of the valid permit types listed below. Check the expiry date. An expired permit is treated the same as no permit.
Keep certified copies on file
Keep a certified copy of their passport and permit in a safe place. If inspectors arrive you must be able to produce these documents immediately.
Track expiry dates
Diarise all permit expiry dates. If a permit expires while the worker is employed by you, you are immediately in violation of immigration law. Do not wait for them to tell you — check proactively.
Valid permit types for domestic work
Not all visas allow a person to work. These are the main permit types that allow domestic employment — and those that do not.
✓ Allowed
General Work Visa
Issued by Home Affairs. Allows the holder to work for a specific employer. Must be renewed before expiry.
✓ Allowed
Permanent Residence Permit
Holder has the right to live and work in South Africa permanently. No employer restrictions apply.
✓ Allowed
Zimbabwean Exemption Permit (ZEP)
Allows Zimbabwean nationals to live and work in South Africa. Home Affairs has extended ZEPs periodically — always check current status.
✓ Allowed
Lesotho Exemption Permit (LEP)
Allows Lesotho nationals to live and work in South Africa. Subject to periodic extensions by Home Affairs.
⚠ Check carefully
Asylum Seeker Permit (Section 22)
May include the right to work — but only if this is explicitly stated on the permit. Read the permit carefully. If it does not specifically say work is permitted, it is not.
⚠ Check carefully
Refugee Status (Section 24)
Recognised refugees have the right to work in South Africa. Must have a valid refugee identity document issued by Home Affairs.
✗ Not allowed
Tourist Visa
Tourist visas do not permit any form of employment. Employing someone on a tourist visa is a criminal offence for both the employer and the worker.
✗ Not allowed
No documentation
Employing an undocumented person as a domestic worker is illegal under the Immigration Act and exposes you to criminal prosecution and significant fines.
ZEP and LEP status changes frequently. Home Affairs has extended these permits multiple times. Always check the current status directly at home-affairs.org.za or call 0800 601 190. Do not rely on word of mouth or what the worker tells you — verify officially.
The penalties
Employing an undocumented foreign national is already illegal under the Immigration Act. The proposed new Employment Services Amendment Bill significantly increases the penalties.
⚠️ Proposed fines — Employment Services Amendment Bill (2026)
R100,000
Per worker, first offence
R200,000
Per worker, second offence within 3 years
R1,000,000
Or imprisonment for repeat offenders
The Bill is before Parliament and not yet law as of August 2026. However, employing undocumented foreign nationals is already illegal under Section 38 of the Immigration Act with existing penalties of up to R20,000. Do not wait for this bill to pass.
UIF and COIDA for foreign workers
If you legally employ a foreign national, all the same compliance obligations apply as for a South African worker.
📋 Your obligations are exactly the same
UIF registration required
Register the worker on uFiling using their passport number instead of an ID number. Select "Foreign National" as the ID type.
COIDA registration required
COIDA covers all workers in your home regardless of nationality. Register at cfonline.labour.gov.za as normal.
Employment contract required
A written employment contract is required for all workers. Use the Khaya Comply contract generator.
Payslip required every month
Generate a payslip every payday regardless of nationality. Same rules apply.
Minimum wage applies
R30.23/hour from 1 March 2026 applies to all domestic workers regardless of nationality or documentation status.
Common questions
Answered plainly — no jargon.
Stop the employment immediately until they have renewed documentation. Continuing to employ them with an expired permit puts you at legal risk. Go to home-affairs.org.za or call 0800 601 190 to check if there is an active extension or grace period. Keep a record that you verified and took action.
No. You can only employ someone once they have valid documentation in hand. An application receipt or pending status does not constitute the right to work. Wait until the permit is issued before employment begins.
Yes. Employing an undocumented person is already illegal under the Immigration Act. You should stop the employment relationship or help the worker regularise their status immediately. If inspectors arrive you are liable for the period of illegal employment. Seek legal advice from an immigration attorney if you are unsure how to proceed.
If you registered the worker for UIF and paid contributions, they may be entitled to claim. UIF claims for foreign nationals are complex — they should contact the Department of Employment and Labour directly on 0800 030 007 for assistance with their specific situation.
Yes. The proposed Employment Services Amendment Bill makes no distinction between businesses and private households. The same fines apply. However, the Bill is not yet law — it is before Parliament as of August 2026. Employing undocumented workers is still already illegal under existing law with lower but real penalties.
Contact the Department of Home Affairs directly: home-affairs.org.za or 0800 601 190. You can also visit your nearest Home Affairs office. Never rely solely on the physical document — verification with the department is the safest approach.
📞 Useful contacts
Department of Home Affairs0800 601 190
Home Affairs websitehome-affairs.org.za
UIF domestic employers0800 030 007
CCMA (labour disputes)0861 161 616
Disclaimer: This guide provides general information only and does not constitute legal advice. Immigration law is complex and changes frequently. Always verify current permit requirements and extension statuses directly with the Department of Home Affairs. For specific legal advice regarding your situation, consult a registered immigration attorney or labour law practitioner.