The Department of Employment and Labour today filed papers in court against Huawei Technologies South Africa, due to alleged non-compliance with employment equity policy.
In a statement, the department says Huawei Technologies South Africa was audited in 2020 and found to be non-compliant in that it employs approximately 90% foreign nationals, which violates the employment equity policy.
In an e-mail to ITWeb, the Chinese telecommunications giant says: “Huawei has taken note of the media release by the Department of Employment and Labour. We are committed to continue engaging further with the department on our equity plan. Huawei is committed to complying with local laws and regulations.”
The labour department alleges Huawei's legal department contacted the labour department in an attempt to reach an amicable resolution.
According to the department, when asked about the 90% foreign national employment, the legal person stated Huawei was granted permission by the Department of Home Affairs (DHA) to employ the number of foreign nationals it does.
“In investigating this matter, we worked with DHA to determine whether DHA had granted Huawei a permit to employ more than 40% foreign nationals, as required by the immigration regulations. It was discovered that Huawei was granted a permit in accordance with the provisions of the immigration regulations that required them to employ 60% South Africans and 40% foreign nationals,” says the department.
It adds that a subsequent meeting was held between the departments of employment and labour, home affairs, and trade and industry to determine whether Huawei had committed any other violations of national laws administered by the Department of Trade and Industry.
As a result, the department says it has determined its cause of action is clear and that all transgressions have been committed, and it has decided to refer this case to court without further delay.
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