30 June Shutdown Against Foreign Nationals: Employer Guide

A Labour Relations Perspective for Employers

As calls continue circulating on social media for a national shutdown on 30 June targeting foreign nationals in South Africa, many employers are understandably concerned about how this may affect their workplaces, staff safety, and day-to-day operations.

For employers, situations like these can create uncertainty. Questions may arise around leave requests, workplace security, employee rights, and whether organisations or members of the public are entitled to access company premises or request employee information.

While employers may hold different personal or political views on the issues being debated publicly, their legal responsibilities remain unchanged.

Employers are still required to manage workplace matters lawfully, fairly, and responsibly in line with South African labour legislation, constitutional rights, workplace policies, and the Protection of Personal Information Act (POPIA).

The purpose of this article is to provide practical labour law guidance to employers on how to respond to potential disruptions and workplace concerns linked to the proposed shutdown.

1. Leave Requests from Foreign National Employees

Many foreign national employees may feel anxious about travelling to and from work during the proposed shutdown.

Concerns may include:

Fear of harassment or intimidation
Safety risks while commuting
Public transport disruptions
Potential violence or unrest in certain areas

Where employees request annual leave due to legitimate safety concerns, employers are encouraged to consider these requests reasonably and sympathetically.

While annual leave remains subject to operational requirements and employer approval, businesses should avoid adopting a blanket refusal approach.

Instead, each situation should be assessed on its own merits, taking into account:

The employee’s safety concerns
The operational requirements of the business
Whether alternative work arrangements are possible
The employer’s duty to provide a safe working environment

Employers are also encouraged to monitor developments closely leading up to 30 June and remain flexible should circumstances escalate.

A practical and balanced approach often helps employers maintain workplace trust while still meeting operational needs.

2. Workplace Security and Access Control

Employers have both a common law and statutory duty to maintain a safe workplace for employees and visitors.

If there is a reasonable concern that demonstrations, protests, or unauthorised individuals may attempt to gain access to company premises, employers should take proactive steps to strengthen workplace security.

Security personnel should be briefed in advance and placed on heightened alert where necessary.

Importantly, employers remain entitled to enforce normal workplace access control procedures.

No individual or organisation may simply enter private property or a workplace to inspect employment records, question management, or verify the employment status of workers without lawful authority.

Reasonable workplace security measures may include:

Verifying the identity of all visitors
Maintaining visitor registers
Restricting access to authorised persons only
Refusing entry where no lawful basis exists
Contacting law enforcement where trespassing, intimidation, or unlawful conduct occurs

At the same time, employers should remind security personnel that their role is to maintain order and safety while avoiding unnecessary confrontation or escalation.

The goal should always be to maintain a calm, lawful, and professional environment.

3. Are Political Groups Entitled to Meet with Employers?

A common concern among employers is whether organisations involved in the proposed shutdown may legally demand meetings with management or request information relating to foreign national employees.

In most cases, the answer is no.

South African labour law grants specific workplace rights to registered trade unions, and those rights arise under the Labour Relations Act (LRA).

These rights do not automatically extend to political organisations, activist groups, informal structures, or community forums.

This means that a political organisation cannot simply arrive at a workplace and insist on meeting with management or accessing employee-related information.

Employers are therefore generally under no legal obligation to meet with political activists or groups that do not enjoy recognised organisational rights under labour legislation.

Where uncertainty exists, employers are encouraged to request proof of legal authority before engaging.

4. Who Is Legally Entitled to Meet with an Employer?

Under the Labour Relations Act, registered trade unions may acquire organisational rights if they meet the required thresholds of representation within a workplace.

These rights may include workplace access and communication with employees who are union members.

However, before exercising such rights, a registered trade union is required to notify the employer in writing and provide:

Proof of registration
The workplace in respect of which rights are sought
Information showing representativeness
Details of the organisational rights being requested

Only after following the prescribed legal process can a trade union legitimately seek to exercise organisational rights.

Importantly, not every group claiming to represent workers automatically qualifies for workplace access.

Organisational rights are regulated by law and must be established in accordance with the Labour Relations Act.

5. Must Employers Disclose Information About Foreign National Employees?

In most cases, the answer is no.

Employers hold extensive personal information relating to employees, including:

Identity numbers
Passport details
Work permit documentation
Residential addresses
Contact details
Payroll information
Employment records

This information constitutes personal information protected under POPIA.

Employers should therefore be extremely cautious when responding to requests for employee information from political organisations, activist groups, community structures, or members of the public.

As a general rule, employers should not disclose employee information relating to foreign national employees to unauthorised persons.

POPIA places strict obligations on employers to safeguard employee information and prevent unlawful disclosure.

Disclosure may only occur where:

✔ The employee has consented
✔ Disclosure is required by law
✔ Disclosure is authorised by legislation for a lawful purpose
✔ Another recognised legal basis exists

Employers should be particularly cautious of requests for:

Names of foreign national employees
Copies of passports or permits
Nationality information
Residential addresses
Payroll information
Immigration-related records

Providing such information to unauthorised individuals may expose employers to significant legal and compliance risks.

6. What Information Must Employers Provide?

Unless legislation specifically requires disclosure, employers generally have no obligation to provide employee information to political organisations or members of the public.

Even where recognised labour structures seek information, the Labour Relations Act places limits on disclosure where employee privacy rights may be affected.

A practical and legally cautious response for employers may be:

“The company complies with all applicable labour and immigration laws. Employee information is confidential and protected by law. We are therefore unable to disclose employee-specific information.”

This type of response helps employers remain professional while protecting both the business and employee confidentiality.

7. Practical Recommendations for Employers

As 30 June approaches, employers may wish to take proactive steps to minimise workplace disruption and strengthen preparedness.

Practical steps include:

1. Review Workplace Security Measures

Ensure security procedures and access control systems are functioning effectively.

2. Brief Security Personnel

Ensure security staff understand workplace protocols and know how to respond professionally to unauthorised access attempts.

3. Consider Leave Requests Reasonably

Where genuine safety concerns exist, leave requests should be assessed fairly and practically.

4. Communicate with Employees

Keep staff informed regarding workplace safety measures and operational plans.

5. Monitor Credible Developments

Follow reliable information sources and assess genuine operational risks.

6. Protect Employee Information

Remind managers and supervisors that employee information may not be disclosed to unauthorised persons.

7. Ensure POPIA Compliance

Review confidentiality procedures and ensure employee information remains protected.

8. Request Proof of Legal Authority

If any organisation seeks access to the workplace, request proof of legal standing or organisational rights.

9. Seek Labour Advice Where Necessary

Where uncertainty exists, employers should seek professional labour guidance before making decisions.

10. Keep Proper Records

Document incidents, requests for information, and any attempted workplace access.

Good recordkeeping often becomes important should disputes arise later.

Conclusion

The proposed 30 June shutdown against foreign nationals may present operational, safety, and workplace management concerns for some employers.

However, employers should avoid acting out of panic or pressure and instead respond in a calm, lawful, and measured manner.

Businesses are generally not required to disclose employee information to political organisations, nor are they obliged to provide workplace access to individuals who lack lawful authority.

Registered trade unions enjoy certain organisational rights, but those rights are regulated under the Labour Relations Act and must be exercised through proper legal channels.

The safest approach for employers is to prioritise workplace security, protect employee confidentiality, consider leave requests reasonably, and ensure all workplace actions remain compliant with labour legislation, constitutional rights, and POPIA obligations.

Importantly, every employee — regardless of nationality — is entitled to dignity, privacy, fair treatment, and legal protection under South African law.

Need Guidance on Workplace Compliance or Labour Relations?

Situations involving workplace disruptions, employee concerns, labour compliance, and POPIA obligations can sometimes be complex for employers to navigate.

If your business needs assistance with labour law guidance, workplace compliance, employment contracts, disciplinary procedures, CCMA support, or workplace policies, Chamlabour is here to assist.

Our team provides practical labour consulting and employer-focused support to help businesses make informed, legally compliant workplace decisions.

Need assistance? Contact us today for professional labour relations guidance tailored to your business.