19/08/2026
CCMA ON UNDOCUMENTED WORKER
Wednesday 19 August 2026
Client
Good evening!! How about an undocumented worker who get dismissed at work maybe after 6years? Can CCMA assist you maybe to get something?
Dennis Kapungu
{Technical Consultant at Kapungu Attorneys https://g.co/kgs/nF632mf WhatsApp: +27 73 987 5528}
CCMA AGAINST EXPLOITATION
✍️What is happening in South Africa is not new. During the industrial revolution, undocumented workers were hired then get fired 2 days before payday. It became a norm to make profits, activists fought it and it culminated in the modern day BILL OF RIGHTS, to arrest exploitation. Factory owners, during the industrial revolution, considered a worker as a packet of energy.
✍️at CCMA they don't focus on passport and permit but on human rights.
ENTITLEMENT TO PAY
✍️A worker with/without documents should get a salary at the end of the month, the worker is entitled to salary.
✍️Pension and Provident Fund are your salary, you demand for these. They help at CCMA
✍️You get terminal benefits. For some cases, working continously for more than 2 years, it is tantamount to permanent employment. Legal representation is not required at CCMA but a lawyer can prepare a client.
RESIGNATION INSUBORDINATION
✍️If you resign, you can't claim UIF. A valid permit is required to claim UIF, unemployment insurance fund. A person without a permit cannot apply for UIF.
✍️If you're fired for insubordination, you can't claim UIF.
✍️One worker did steal 20L of diesel and forfeited R3 million pension. If you commit work related crime, like murder of coreworker at work, you face the same fate.
✍️Claims are not therefore for everyone. You can't fight to be reinstated because it is illegal to work without a6 work permit but you fight for your salary at the end of the month. Visa days don't allow work but staying only.
🎓Please read and not ask without reading. For example, I circulated the Government Gazette No 55168, some people ask what is written in the Gazette. It is an indication that they ask only and dont read. I once posted this issue of undocumented foreigners at CCMA
