Asylum Seeker and IoD

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Joined: 13 Feb 2018, 17:43

Asylum Seeker and IoD

Unread post by IndigoS » 13 Feb 2018, 18:11


My question is twofold but both regarding non-residents in the workplace and IoD.

1. If I have an employee that has a work permit that expired and he/she has applied for a new one and has proof of such application and gets injured in the time that the current work permit has expired and the new one has not yet been issued (so they only have proof of application for renewal) are they covered for workman compensation?
2. Asylum or refugee seekers in SA are allowed to work and they have Asylum papers not work permits so will they also be covered under workman compensation?

Reason for the questions is that we had a worker that got injured. He/she had a valid work permit until December 2017 and have applied for a new work permit in December but it has not yet been issued by the DoL (due to backlog) so they are only in possession of a receipt for the renewal application and because of that the hospital didn’t want to treat them as a IoD case but as private.

This now causes quite a bit of concern as we are not sure whether asylum seekers are then covered and decisions will have to be made by management as to whether to allow an employee without a valid work permit not to work as they are not covered under workman compensation (even if they have proof of renewal application).

Thank you.

Posts: 1728
Joined: 16 Apr 2009, 11:06

Re: Asylum Seeker and IoD

Unread post by tinus » 27 Feb 2018, 11:32

Technically all workers (even a temp) would be classified as an employee according to the definition of the COID Act.

You could however not log a claim on the new electronic system if there is no id number or alternatively a passport number.
Best would be to clarify the matter directly with the Compensation House.

Contact Details
Compensation Fund
Operating Hours: 07:30 to 16:00, Monday to Friday.
Telephone Number(s):
Fax Number(s): 012 326 1570 / 012 357 1772
Street Address: Compensation House
167 Thabo Sehume Street, Delta Heights Building
Postal Address: P.O Box 955

Email Address:

Contact details for medical section
Tinus Boshoff
Health and Safety Expert
SA Labour Guide Forum Team

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