Statement issued by the Department of Foreign Affairs of South Africans on working abroad

The Department of Foreign Affairs has noted with concern matters related to working conditions of South African citizens abroad, reported in the media. The Department wishes to make an earnest appeal to South Africans that may have experienced problems such as poor or exploitative working conditions to report these to the Department's Consular Section at (012) 3511000, alternatively at consular@foreign.gov.za.

Regrettably, the Department is not in a position to respond to media reports where the details of the alleged victims are not provided that allows a follow-up. Further, we wish to encourage victims to approach Government with these matters. It must be mentioned that where our people have fallen victim to such unscrupulous agents, they must report them to the Department of Labour and provide this vital information to the dfa.

It must be mentioned that the phenomenon of being lured by false promises is not a trend that this only applicable to South Africans. We appeal to our people to ensure that they have properly signed employment contracts, work permits and funds before they embark on the so called dream job. Where possible, prospective job applicants to foreign countries must check with the diplomatic missions of those countries (in South Africa) the bona fides of the company (offering the employment) and the local employment conditions in the countries that they intend travelling to.

In the cases where our people have faced employment related problems, and where they have approached either the Department or our Mission, we have rendered assistance and advice. It must be mentioned that in many cases, the employment contract that was signed determined the relationship between the employer and employee. Our people are also encouraged to make use of the local judicial process (in the country where the dispute may have arisen) to address employment disputes.

Government will ensure that our people are not victims of abuse or exploitation, both at home and abroad. However, it must also be noted that issues relating to employment are of a private nature between an employer and employee and are governed by contracts and labour laws. Our people are encouraged to use these facilities available to them to resolve disputes, while Government will intervene in cases of exploitation. Actions by both the dfa and missions will depend on the nature of the incident having to be dealt with.

Prospective employees must note that in certain countries there is the principle of "sponsorship" by the employer, where the employer is responsible for all aspects of the upkeep of the employee during the employment contract. This places obligations on both parties, and it is strongly recommended that prospective employees understand the conditions of employment before they undertake them.

The passport remains the property of the South African Government. It is illegal for a passport to be confiscated from the holder, except when a person is arrested or when a person is detained by a foreign immigration authority. It must be mentioned that in certain countries, an employee surrenders their passport to the employer for the duration of the contract as the employer is responsible for the employee, including any debt that the employee may incur.

In these cases, employees are aware of the requirement prior to them accepting the employment. While Government does not condone this practice, the employee has the right to conclude such agreements. We are aware that many employees willingly accept the terms of such employment and most do not have problems.

Issued by Ronnie Mamoepa

Spokesperson: Department of Foreign Affairs

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Last updated: 31 July 2006
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