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FAQ’s Foreign nationals – Work permits and Restraint of trade

Foreign nationals – Work permits

Question

What does one do when a foreign employee’s work permit expires?

Answer

It is a legal requirement for foreign employees to have work permits in South Africa. Even though they need to have a work permit they are still protected by the Labour Relations Act. The way to deal with the above situation is to initiate the Incapacity process. If feasible, you can suspend the employee’s services until he/she obtains a work permit or terminate his/her services.

Restraint of trade

Question

Can one add a restraint of trade into an employment contract?

Answer

You can’t force an employee to retrospectively enter into a Restraint of Trade agreement as this was not originally a condition of employment. You would have to consult with the employee and get him / her to agree to it. You can’t force them into signing it.

If you need any further advice or assistance on labour issues, you may contact Human Alliance

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