Three foreign nationals with fake documents and a general manager of a steel company, D. du Plessis have been arrested after a joint operation led by the department of Employment and Labour on Tuesday.
This comes after the company, NJR Mesh, hired foreign nationals without proper papers, enabling them to work in the country.
Employers cautioned
Employers should refrain from hiring undocumented foreign nationals and those who fabricate documents, as they too risk arrest. This according to the department’s Gauteng provincial chief inspector, Advocate Michael Msiza.
Msiza stated that every business must keep track of who is working in their establishment. This will help to verify that an employee is who they claim to be.
“The department yesterday [Tuesday] conducted a joint blitz inspection. Together with Department of Home Affairs, the SAPS, Gauteng Crime Wardens and Gauteng Traffic Police. The inspection was at the premises of giant steel company NJR Steel-Brakpan located next in Geluksdal in Ekurhuleni,” said Msiza.
After the arrest, the four were taken to Tsakane police station for processing.
Not only illegal, they are not protected by country’s labour laws
“We are concerned about this unabated hiring of undocumented foreign nationals and those with fake documents. And when people have to account, they plead ignorance. They hire undocumented illegal foreigners and those producing fake documents. It is your obligation as an employer to verify the real person,” Msiza added.
According to Msiza, the Labour Act implies that the same employees are not covered by the country’s labour laws. They have no access to social security and the Unemployment Insurance Fund (UIF). They are also not protected by the Compensation for Occupational Injuries and Diseases Act (COIDA).
In terms of COIDA, NJR Steel-Brakpan owes R17 584.70
“Submitting false and misleading information is a serious offence and is punishable by law. If a company can risk hiring people with fake documents it means that they can take the risks and not comply with labour laws.”
Msiza said that the department, in partnership with Home Affairs, would be hard on managers who employ undocumented immigrants.
NJR Mesh operations shut down
“As a result of the inspection blitz, NJR Mesh, a subsidiary that manufacturers steel reinforcements, had its operations shut down.
“The prohibition notice was issued because workers were exposed to hazardous dusts particles from steel and high decibels. Workers were not furnished with protective personal equipment.”
The company was also found to have not abided by the Occupational Health and Safety (OHS) regulations. It was issued with prohibition notices. This is because its forklifts have not been load-tested, and its fire extinguishers were obstructed by material. Gas installations do not have certificates of compliance. And employees have not undergone medical surveillance.
“The company was issued with compliance order. This for failing to provide relevant documents relating to contracts, pay slips, and attendance register among others. While for UIF: there was no evidence that the employer had submitted declarations for March 2024.”
