[Question] Non-Citizens

[AmithS]

Hi Everyone,

I have 3 non SA employees and no SA employees.

According to SA law, do I\can I register them for UIF.

Also will i get into trouble with SARS for claiming their wages as business an expenses but not paying UIF to SARS.

My accountant raised this as a concern with me and she is also not sure of which is correct.

Thanks in advance.

[BusFact]

Do they have work permits to work in SA?

I'm not sure of the correct answer, but I suspect your biggest problem would be fines for employing foreigners without work permits, rather than not paying UIF.

Sorry I can't give you a definitive answer.

[sterne.law@gmail.com]

Without an ID it will not be possible to register for UIF anyway. By the same token if the UIF department accepted the money they would be tacitly accepting the employment of illegal immigrants.

The employment is not allowed, however, heres they will still have protection of the LRA and BCEA, (I know the law can seem whacked at times - go figure)

I agree with Busfact, the employment of illegal immigrants is probably your bigger concern.
Most business do not register the UIF and find creative ways to put the payments through. Alternatively, in order to stay under the radar, they do not put the salaries through as an expense.

[AmithS]

Hi Guys,

Thanks for the responses, they have assylum papers which they get stamped at home affairs every 3 - 6 months which allows them to either study or work in SA. The bank has also done checks on all 3 of them with home affairs to verify and opened accounts for them.

Hence i am unsure of the UIF

[BusFact]

Well in that case, our biggest concern is out the way.

To be on the safe side, I would try and register them. If the dept of labour refuses the application, then you're in the clear. I also think you may have to register them for tax numbers with SARS for PAYE if they earn above a certain amount.