What Legal Protections Exist for Foreign Workers in South Africa?

Foreign Workers in South Africa: Legal Protections under the LRA and Immigration Act

Introduction: When Work and Law Collide

In April 2025, immigrant workers at M&N Waste in Johannesburg won a CCMA ruling for unpaid wages. Many had worked for decades without valid permits. Yet soon after the victory, their employer suspended several of them until they could “regularize” their documentation.

This incident highlights a broader question: What legal protections do foreign workers in South Africa actually have?

Officially, the Department of Employment and Labour affirms that all foreign nationals—documented or not—are protected under labour law. However, many still experience wage theft, discrimination, and intimidation. Understanding these contradictions requires a close look at the Labour Relations Act (LRA) and the Immigration Act—two key pillars of South Africa’s labour framework.

Legal Framework Protecting Foreign Workers

1. The Labour Relations Act (LRA)

The LRA (1995) defines an employee as “any person… who works for another and receives, or is entitled to receive, remuneration.” This definition includes all workers, regardless of citizenship or permit status.

Therefore, under the LRA, foreign nationals—documented or undocumented—have the right to:

Fair labour practices
Protection from unfair dismissal
Access to dispute resolution bodies such as the CCMA and bargaining councils

In addition, Section 23 of the Constitution guarantees that everyone has the right to fair labour practices. The term “everyone” explicitly includes non-citizens.

2. The Immigration Act

The Immigration Act (2002) regulates who may legally work in South Africa. Employers may only hire foreigners whose permits authorize specific types of employment.

Section 38 obliges employers to check that foreign employees have valid permits.
Section 49 makes it a criminal offence to knowingly employ an undocumented worker.

However, this law targets employers, not workers. Even when an employer violates the Immigration Act, the worker still enjoys protection under the LRA as long as they perform remunerated work.

Where Law Meets Reality: Gaps and Challenges

Despite these formal protections, the implementation gap remains wide.

1. Documentation as a Weapon

Many employers use permit status to control or dismiss workers. For instance, after the M&N Waste decision, management suspended several employees until they produced new permits. Yet the LRA does not authorize dismissal purely for expired documentation.

2. Wage Exploitation

Across Johannesburg, Cape Town, and Durban, migrant workers often earn below the National Minimum Wage. They may also lose access to benefits like the Unemployment Insurance Fund or Compensation Fund. Consequently, they face deep economic vulnerability.

3. Xenophobic Discrimination

Workers frequently report bias based on nationality, accent, or surname. Sectors like waste collection, construction, and domestic work remain largely informal and poorly monitored. This creates fertile ground for abuse.

4. Barriers to Legal Recourse

Although the CCMA protects all workers, foreign nationals often hesitate to file claims. They may fear deportation or lack knowledge of their rights. Moreover, the process can be intimidating without union representation.

5. Bureaucratic Delays

Renewing work permits through the Department of Home Affairs can take months or even years. Some employers exploit these delays, firing workers for “expired” permits that they cannot renew in time.

City-Level Realities: Empirical Evidence

Johannesburg

In Gauteng, home to South Africa’s largest migrant workforce, many foreign nationals work informally. The M&N Waste case is a striking example of how documentation status can be manipulated to silence workers who demand fair pay.

Cape Town

Migrant farm and hospitality workers in the Western Cape often sign informal contracts—or none at all. NGOs in the city report that some employers deduct permit “renewal fees” from workers’ wages.

Durban

In KwaZulu-Natal, foreign workers in agriculture and domestic work face wage disparities and frequent verbal abuse. Language barriers further limit their ability to report violations.

Personal Stories Behind the Law

Maria: Domestic Worker in Durban

Maria, a Zimbabwean domestic worker, has lived in South Africa for three years. Her employer deducts housing and food from her already low salary. Because her visitor’s visa expired, she fears complaining to authorities. Her story mirrors thousands of undocumented domestic workers trapped by dependency and fear.

Samuel: Waste Collector in Johannesburg

Samuel, from Mozambique, worked 15 years at M&N Waste. When he and his colleagues took their employer to the CCMA, they won the case—but were later suspended. He now lives without pay while waiting for permit renewal.

Asha: Young Nurse in Cape Town

Asha, an asylum seeker from Somalia, worked in a public hospital under a temporary permit. When delays hit her asylum renewal, the hospital ended her contract. She now depends on an NGO for legal help.

Policy Gaps That Widen Inequality

Several structural flaws weaken protection for foreign workers:

Weak enforcement: Labour inspectors are too few to monitor all sectors.
Legal ambiguity: Employers misuse permit rules to justify dismissal.
Limited awareness: Workers often lack legal literacy or representation.
Intersectional vulnerability: Gender, age, and nationality intersect to deepen risk.

Women, especially in domestic and care work, face heightened exploitation and sexual harassment. Young and undocumented migrants endure even more precarious work arrangements.

Emerging Solutions and Promising Practices

Despite challenges, positive examples are emerging.

Worker and NGO Initiatives

The Simunye Workers Forum and Casual Workers Advice Office assist foreign workers in lodging complaints and recovering unpaid wages. Legal aid NGOs have opened mobile clinics in Johannesburg and Cape Town to provide documentation and rights advice.

Government Measures

The Department of Employment and Labour continues to affirm that labour laws apply equally to foreign nationals. It has launched limited awareness campaigns, though coverage remains uneven.

Human Rights Oversight

The South African Human Rights Commission (SAHRC) reminds institutions that access to work and health cannot depend on citizenship. In 2025, it condemned community groups that blocked migrants from clinics and workplaces.

Actionable Policy Recommendations

Stakeholder	Action	Timeline
Government	Introduce a grace period for permit renewals to prevent unfair dismissals.	Within 12 months
Labour Department	Deploy more inspectors in migrant-dense areas (Gauteng, Western Cape, KZN).	Within 1 year
Employers	Train HR teams on LRA compliance for foreign workers. Avoid dismissals based solely on permit expiry.	Immediate
NGOs & Unions	Expand legal aid and “Know Your Rights” programs for migrants.	1–2 years
Researchers	Collect disaggregated data by nationality, gender, and sector to track exploitation patterns.	Ongoing

Research and Evidence Gaps

South Africa still lacks comprehensive data on:

The number of foreign workers dismissed over documentation issues
The scale of wage discrimination
The mental and physical health impact of workplace insecurity

Addressing these evidence gaps will guide more equitable policy reform.

Conclusion: Turning Legal Text into Lived Protection

South Africa’s Labour Relations Act and Immigration Act provide strong legal foundations for protecting foreign workers. Yet without enforcement and awareness, these laws remain words on paper.

Therefore, policymakers must act decisively to close the implementation gap. Employers must treat all workers with fairness. NGOs and unions must extend their advocacy to undocumented workers. And researchers must continue to expose injustices through data-driven evidence.

Ultimately, protecting foreign workers is not just a legal obligation—it is a moral imperative that upholds South Africa’s constitutional promise of fair labour for all.

References

Mangu, A. (2020). Foreigners’ Rights to Work and Fair Labour Practices in South Africa: A Review of the South African Labour Legislation and Jurisprudence. Southern African Public Law, 35(1). https://doi.org/10.25159/2522-6800/5093 Unisa Press Journals
Pereira-Kotze, C., Doherty, T., & Faber, M. M. (2022). Maternity protection for female non-standard workers in South Africa: the case of domestic workers. BMC Pregnancy and Childbirth, 22, 657. https://doi.org/10.1186/s12884-022-04944-0 BioMed Central
Khumalo, B. (2023). Social Insurance Coverage for SADC Migrant Workers in South Africa: A Regional and International Framework Compliance Analysis. Obiter, 43(3): a8. https://doi.org/10.10520/ejc-obiter_v43_n3_a8 Journals.co.za
Newaj, K. (2023). Limitations on the rights of migrant workers: is a compliant and consistent approach being followed? Law, Democracy and Development, 27, 304-329. https://doi.org/10.17159/2077-4907/2023/ldd.v27.12 UPSpace Repository
Chirau, T. J., Shirinde, J., & McCrindle, C. M. E. (2024). Access to healthcare by undocumented Zimbabwean migrants in post-apartheid South Africa. African Journal of Primary Health Care & Family Medicine, 16(1), a4126. https://doi.org/10.4102/phcfm.v16i1.4126 UPSpace Repository+2PubMed+2
Critique of “No Papers, No Treatment”: a scoping review of challenges faced by undocumented immigrants in accessing emergency healthcare. (2024). International Journal for Equity in Health, 23(184). https://doi.org/10.1186/s12939-024-02270-9 SpringerLink

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