Not yet, and not automatically. The R100,000 figure comes from the Employment Services Amendment Bill (B16-2026), which is still a bill. If it becomes law, anyone who employs a foreign national must first check that the person is allowed to work in South Africa and keep a copy of their visa or permit. A Labour Court could then fine an employer who breaks that rule up to R100,000 for a first contravention. R100,000 is the ceiling, not a fixed fine. BusinessTech reported on 21 September 2026 that Parliament had opened the bill for public comment until 6 November 2026 at 16:00. Employing a foreign national who may not work here is already an offence under the Immigration Act.
What the bill says
- The duty (clause 12A). No person may employ a foreign national who is not permitted to work in South Africa. The employer must confirm the right to work and keep copies of the visa or permit.
- The fines (clause 49(2A)). On the Director-General's application, the Labour Court may impose a fine not exceeding R100,000 for a first contravention; not exceeding R200,000 if the employer had a contravention in the previous three years; and up to the greater of R1 million or 10% of turnover after two or more.
- Where it stands. The bill was introduced in the National Assembly with notice in Government Gazette 54759 of 29 May 2026. It only becomes law once Parliament passes it, the President signs it, and it is brought into force on a date the President proclaims.
Clause 12A also mentions a labour-market test and a skills-transfer plan "as may be prescribed". Those depend on regulations that do not exist yet, and they are a poor fit for a household employing one worker.
What the headlines got wrong
- "R100,000 per undocumented worker." The bill sets a fine per contravention by the employer. The words "per worker" do not appear. In a home with one worker the two come out the same.
- "Penalties starting at R100,000." The bill says "not exceeding". R100,000 is the most a court could set for a first contravention.
- "Up to R1 million or jail time." The bill's fines clause has no prison term. Prison sits in the Immigration Act, which already applies today.
What a household should do now
- Ask to see the document that allows her to work in South Africa (a visa or permit, or a refugee or asylum document), and check what it allows.
- Keep a copy on file.
- Register her for UIF and COIDA. uFiling accepts a passport or permit number; keep her declarations up to date so her record is there when she claims.
More detail: employing a foreign domestic worker.
Questions people ask
Is the R100,000 fine for employing a foreign worker law yet?
No. It is in the Employment Services Amendment Bill (B16-2026), which was open for public comment until 6 November 2026. It becomes law only once passed, signed and brought into force.
Can I register a foreign domestic worker for UIF?
Yes. uFiling accepts a passport or permit number. Keep her declarations up to date so her record is there when she claims.
Sources
- BusinessTech, "R100,000 fine warning for households employing domestic workers in South Africa", 21 September 2026
- Employment Services Amendment Bill B16-2026, clauses 12A and 49(2A); introduction notice in Government Gazette 54759, 29 May 2026
- Immigration Act 13 of 2002, section 49 (employing an illegal foreigner)