Here you'll find some helpful advice on seeking employment in South Africa if you are a refugee or asylum seeker. This information was compiled by Lawyers For Human Rights (LHR) and the Consortium for Refugees and Migrants in South Africa (CoRMSA).

NOTE: ASYLUM SEEKERS AND REFUGEES HAVE THE RIGHT TO WORK IN SOUTH AFRICA.

 

Right to employment for refugees:

Section 27 (f) of the Refugees Act 130 of 1998 states that a refugee is entitled to seek employment. This means that you as a refugee have the right to look for a job and be employed in South Africa.

Right to employment for asylum seekers:As an asylum seeker in South Africa, your Section 22 permit gives you the right to work and study in the country.Whether you are a refugee or asylum seeker, the onus is on you to find a job for yourself. Always make sure that your permit is valid at all times.

 What kinds of jobs can asylum seekers/refugees get:

Asylum seekers and refugees can be employed in almost all sectors of the job market in South Africa. Currently, the most common ways for asylum seekers and refugees to make money in South Africa include professional (finding a job which you have studied and qualify for, see below on: evaluating your qualifications) and hawking (informal trading often in stalls on the side of the road/or at flea markets. You will need to have a trader's permit in addition to your asylum seeker and refugees permit to be able to trade on the streets, otherwise your goods may be

What if my employer does not understand or recognise my asylum or refugee permit:

Many employers do not understand asylum seeker and refugee permits. If an employer rejects your permit, you can contact organisations that will be able to explain the permits to the employer such as Lawyers for Human Rights, Wits Law Clinic

Evaluating your qualifications: 

It is important that you get your qualifications evaluated and certified by the South African Qualifications Authority (SAQA). This is an institution that evaluates the qualifications you received from your country. After SAQA has evaluated your qualifications, they tell you what level of qualification you have in terms of South African standards.

SAQA might also request that you complement your foreign degree with some specific courses before they allow you to practice your profession in South Africa.

Also employers often require students to have their academic records from foreign universities certified by the South African Qualification Authority (SAQA).

What rights do I have in the workplace as an asylum seeker/refugee?

As an asylum seeker/refugee you have the same rights under Labour Law as South African citizen. For example, your working conditions must be the same as all the other employees, you also have the right on to be discriminated against.

What if I am unfairly dismissed from work?

If you are unfairly dismissed from work, you can report the matter to the Commission for Conciliation Mediation and Arbitration (CCMA). You must report the matter within 30 days of being dismissed, otherwise you will have to apply for condonation.

USEFUL CONTACTS:

Jesuit Refugee Service (JRS) - vocational skills training
130 Commissioner Street
2nd Floor, Dynamo House
Marshaltown
Tel: 011- 331 0037
Fax: 011- 331 0038 

Lawyers for Human Rights - legal assistance
2nd Floor, Braamfontein Centre
23 Jorissen Street
Braamfontein
Tel: 011 339 1960
Fax: 011 339 2665 

Wits University Law Clinic - legal assistance
1 Jan Smuts Avenue
University of the Witwatersrand
Braamfontein
Tel: 011 717 8562
Fax: 011 717 8519

South African Qualifications Authority

SAQA certifies foreign academic records and degrees in relation to South African standards

Hatfield Forum West
1067 Arcardia Street, Hatfield
Pretoria
Tel: 086 010 3188 (helpdesk); (012) 431 5000
Fax: (012) 431 5039
Website: www.saqa.org.za

 

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