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Thread: Using the Services of a Foreigner

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    Using the Services of a Foreigner

    If someone has applied for a work permit & is still waiting for it to be issued, and you start to use their services in the meantime, what are the legal ins & outs. How would we pay them as they are obviously not yet registerd for tax? Could they give us an invoice?

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    Site Caretaker Dave A's Avatar
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    Are you employing them as an employee or an independant contractor?

    I think at this stage your their problem is that they'll be working in contravention of their visa conditions, and technically could be deported.
    The trouble with opportunity is it normally comes dressed up as work.

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    Those same "foreigners" work far harder than our local labour available from the side of the road !!!

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    Gold Member garthu's Avatar
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    Those same "foreigners" work far harder than our local labour available from the side of the road !!!
    Absolutely... our labour laws certainly have a negative for that and what i don't get is why the unions persist to make it more and more legal to create a society and culture of labour that gets more for less (sure it's what they paid to do) The impact on economy is far reaching, including un-employment....but that's for a different discussion/thread.

    Yes, the employee can be deported, even after the Visa is issued and they can establish that he was employed during a period that there was no Visa. As the emplyoyer, you could also be up for penalties. This happened to me, i got out of the penalties which were never told to me quickly but the employee was deported with a restraint to entering SA for 5 years
    Garth

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    We will employ them though a Labour Broker as soon as their work permit is approved (we employ several members of staff thro the broker). I'm just in a dilema as how to pay her now as she has already done work for us
    !!

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    Site Caretaker Dave A's Avatar
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    You'll be able to register her for UIF and income tax using her passport number details. Normally the problem is they can't open a bank account without at least a file number from Home Affairs.
    The trouble with opportunity is it normally comes dressed up as work.

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    Platinum Member sterne.law@gmail.com's Avatar
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    For clarification, is the person an asylum seeker seeking refuge?
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Erm, as far as I know its also the employers responsibility to ensure the employee is working legally to the best of their ability.

    How do you think it would look in court if you knowingly employed someone knowing they were working illegally?
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    Quote Originally Posted by sterne.law@gmail.com View Post
    For clarification, is the person an asylum seeker seeking refuge?
    Hi, No - she is a professional from Europe

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