30 June 2026 Immigration March: What employers need to know
Recent reports have highlighted a planned national march and shutdown on 30 June 2026 relating to immigration and the employment of foreign nationals in South Africa. While the broader political debate continues, employers should remain focused on their legal obligations, employee safety, immigration compliance, and business continuity.
In an environment of heightened tension and uncertainty, employers should take proactive steps to ensure compliance with immigration legislation, protect employees, and minimise operational disruption.
Understanding the employer's Position
Employers are required to comply with South Africa's immigration laws and may only employ foreign nationals who are legally entitled to work in South Africa. At the same time, employers remain bound by the Constitution, the Labour Relations Act 66 of 1995 ("LRA"), and the Employment Equity Act 55 of 1998 ("EEA"), which protect employees against unfair treatment and discrimination.
Public pressure or political sentiment cannot justify adverse action against employees. Employment decisions must be based on legal compliance, fair labour practices, and legitimate business considerations.
Immigration Compliance
The current environment provides an opportunity for employers to review their immigration compliance processes.
Employers should ensure that they maintain appropriate records in respect of each of their employees, including:
• Valid work visas and permits;
• Permanent residence documentation where applicable;
• Refugee or asylum seeker documentation where relevant; and
• Records confirming each employee's right to work in South Africa.
Any review process should be conducted consistently and fairly and should not single out employees based on nationality, race, language, or ethnic origin. Recruitment and onboarding procedures should similarly include appropriate verification measures.
Employee safety
Employers have a duty under the Occupational Health and Safety Act 85 of 1993 to provide and maintain a safe working environment.
Where protests, road closures, intimidation, or unrest may occur, employers should consider:
• Remote or flexible working arrangements where feasible;
• Reviewing security and access-control measures;
• Communicating emergency procedures;
• Monitoring developments affecting employee travel; and
• Ensuring managers respond appropriately to safety concerns.
Particular consideration should be given to the wellbeing of foreign national employees who may feel vulnerable during periods of heightened public tension.
Protected versus unprotected action
The LRA permits protected protest action in certain circumstances, provided the requirements of section 77 have been met, including consideration of the issue by NEDLAC and compliance with prescribed notice requirements.
Based on information currently available, the planned action on 30 June 2026 does not appear to meet these requirements. Employees who absent themselves from work to participate are therefore unlikely to enjoy the protections associated with protected protest action.
Accordingly:
• The principle of "no work, no pay" may apply;
• Unauthorised absenteeism may justify disciplinary action;
• Participation in the protest action will not automatically protect employees from disciplinary consequences; and
• Employers may enforce attendance and operational requirements in accordance with workplace policies.
Employers should nevertheless consider individual circumstances, particularly where employees are unable to attend work due to safety concerns, transport disruptions, or circumstances beyond their control.
Managing Workplace Conduct
Employers should anticipate that discussions around immigration may spill over into the workplace. While employees are entitled to hold differing views, employers remain responsible for maintaining a respectful and inclusive working environment.
Harassment, intimidation, xenophobic conduct, threats, victimisation, and discriminatory treatment should be addressed promptly in accordance with workplace policies and procedures.
The EEA prohibits unfair discrimination, and employers should take reasonable steps to prevent such conduct.
Preparing for disruption
Potential disruption may include employee absenteeism, transport interruptions, delays in supply chains, restricted access to premises, and reduced customer activity.
Employers should ensure that business continuity plans are up to date and that contingency measures are implemented where necessary.
What Employers Should Avoid
Employers should be careful not to:
• Dismiss foreign national employees in response to public pressure, or without complying with the requirements of the LRA and other employment laws;
• Permit harassment or xenophobic conduct;
• Make assumptions about an employee's immigration status;
• Conduct discriminatory immigration audits;
• Take disciplinary action without establishing the relevant facts; or
• Apply workplace rules inconsistently.
Such conduct may expose employers to unfair dismissal, discrimination, and other claims.
Conclusion
As 30 June 2026 approaches, employers should take proactive steps to minimise risk and ensure business continuity. Those organisations that plan ahead, maintain clear communication with their workforce, and implement appropriate operational and compliance measures will be best placed to navigate any disruption arising from the planned action.
While employers remain entitled to enforce workplace rules and attendance obligations where employees participate in unprotected protest action, any response must be measured, consistent, and legally compliant.
Preparation, rather than reaction, will be the key to managing the challenges that may arise.
Should you require advice or assistance in preparing for, or responding to, any workplace issues associated with the planned action, our Employment Law team is available to assist.
Hedda Schensema
Executive: Employment
Cowan-Harper-Madikizela
