Illegal workers have rights
SANDTON – There are many foreign workers in the community without work permits but the law does not discriminate against them.
There are allegedly illegal workers with no work permits on every corner of the city. Do these employees have legal rights?
A Morningside resident, who chose to only be referred to as Amanda, said, “My entire garden service is Malawian and when they arrive at my complex and are asked by the guards at the guard house for their documents, they have none. Not a single work permit.
“This particular garden service was a lot cheaper than other garden services and it turns out that this is because the workers get paid so much less than South African workers. When I asked them why they don’t ask for a raise, they told me that their boss will just dismiss them and threaten to deport them.”
When a Sandton Chronicle journalist visited George Lea Park (north), she was told by many squatters there that they were employed by construction companies, even though they did not have work permits.
At the Parkmore Community Association’s annual general meeting, Kate Wardle, deputy chairperson of the association said, “It is believed that many of the squatters living in George Lea Park (north) are employed in the construction industry in Sandton. Furthermore, many of the squatters are from Lesotho.”
Read: George Lea Park dwellers
The Sandton Chronicle approached the Commission for Conciliation, Mediation and Arbitration (CCMA) for a comment regarding their position in terms of illegal workers, their salaries and dismissals. This organisation deals with all labour disputes in the South African labour market.
The CCMA’s communications department commented as a whole but requested that no specific communications officer’s name be mentioned. The department said, “Issues relating to salary are determined by the agreement reached by the employee and employer.
“Where the industry is covered by a sectoral determination or bargaining council collective agreement, employees can challenge non-adherence at the Department of Labour or bargaining council, respectively. In terms of the Labour Relations Act, employees, including foreign nationals working without work permits, have a right to refer unfair dismissal or unfair labour practice cases to the CCMA or bargaining council, where applicable.”
In response to this, Amanda said she was going to encourage her Malawian workers to know their rights and realise that the South African law protects them as well.
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