Could hiring a domestic worker cost you R100,000? South Africans warned about proposed law

South African households could face hefty fines for employing undocumented foreign workers if proposed amendments to employment law become legislation.

Families who employ domestic workers could be affected by proposed changes under the Employment Services Amendment Bill, B16–2026, which seeks to introduce fines of up to R100,000 for a first contravention involving the unlawful employment of foreign nationals.

The proposed penalties have drawn attention to the responsibilities of employers, including private households that hire domestic workers.

Under the proposal, repeat contraventions could attract significantly higher penalties, potentially reaching R200,000 for a second contravention and up to R1 million or 10% of annual turnover in certain circumstances, depending on the applicable provision.

However, the proposed R100,000 fine is not yet in force under the Bill. The legislation must complete the parliamentary process before the new penalties can take effect.

What does this mean for domestic workers and employers?

South Africa’s existing Immigration Act already prohibits employing a foreign national whose immigration status does not permit them to work in the country.

Employers should therefore verify that foreign domestic workers have the necessary documentation and legal authorisation to work. Being a foreign national does not automatically mean that a person is undocumented or prohibited from working.

The proposed legislation also addresses workers’ rights, making it important to distinguish between an employer’s legal obligations and the protections available to employees.

What happens next?

The Employment Services Amendment Bill is undergoing the parliamentary process, with public submissions invited by Parliament. Its final provisions and implementation will depend on the legislative process and the date on which the law comes into operation.

For households employing domestic workers, the key message is to understand the law, verify work authorisation and avoid making assumptions based solely on a worker’s nationality.