Can employer insist on seeing your ID book (after 10 years)?

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telgom

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One of my colleagues is in the position that our employer is threatening to withhold his salary if he does not provide a certified copy of his ID book. He has worked for the same employer for over ten years and features in many of its publications, so his actual identity is not in doubt at all. He also travels abroad frequently on an SA passport and has offered to show them the passport instead. The employer refuses to accept the passport and insists on him providing a green ID book. He has lost his and does not feel like applying for a new one. He is, understandable, becoming more intransigent as HR becomes more aggressive about the issue. Can an employer really constructively dismiss an employee for not having an ID book?

I know that I am asking for free legal advice and since many people ask me for (and get) free IT advice, I am hoping for some help here! Antwoord gerus in Afrikaans ook.
 
I dont think not having a Green barcoded ID in his possession is grounds for a dismissal; However, if there is doubt as to the identity of the employee and the employee shows no attempt to prove his/her identity, this could imply that the individual is potentially an imposter but it is the responsibility of HR to verify this on employment. Interesting...
 
Isn't it a company requirement every year to give a new certified ID book copy? Well it happens every year in my company.
 
SA passport and has offered to show them the passport
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Tell him to actually show the passport to them regardless of whether they want to see it. I doubt he can lose any legal dispute after that.

Careful though, he might keep his job but sour the work relationships to such an extent that he might as well quit.

does not feel like applying for a new one
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Tell him to quit being a wuss and just do it.

markface said:
Isn't it a company requirement every year to give a new certified ID book copy? Well it happens every year in my company.
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No. All the people working at Siemens SA etc that are sent from Germany don't even have ID books, so there is no specific rule like that.

If there is a rule it will be geared towards having a work permit, which is kinda a moot point if he has an SA passport.
 
telgom said:
One of my colleagues is in the position that our employer is threatening to withhold his salary if he does not provide a certified copy of his ID book. He has worked for the same employer for over ten years and features in many of its publications, so his actual identity is not in doubt at all. He also travels abroad frequently on an SA passport and has offered to show them the passport instead. The employer refuses to accept the passport and insists on him providing a green ID book. He has lost his and does not feel like applying for a new one. He is, understandable, becoming more intransigent as HR becomes more aggressive about the issue. Can an employer really constructively dismiss an employee for not having an ID book?

I know that I am asking for free legal advice and since many people ask me for (and get) free IT advice, I am hoping for some help here! Antwoord gerus in Afrikaans ook.
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Why doesn't he ask to have paid leave to go get a new one but it shouldn't be deducted from his leave balance? One day to apply for it and one day to collect is when its ready. Everybody wins?

As hy hardkoppig wil wees en die werkgewer ook so bly gaan hy homself net belemmer, negatiewe performance assessment wat tot 'n laer bonus kan lui vir die jaar, geen salaris verhoging volgende jaar, ens.
 
supersunbird said:
Why doesn't he ask to have paid leave to go get a new one but it shouldn't be deducted from his leave balance? One day to apply for it and one day to collect is when its ready. Everybody wins?

As hy hardkoppig wil wees en die werkgewer ook so bly gaan hy homself net belemmer, negatiewe performance assessment wat tot 'n laer bonus kan lui vir die jaar, geen salaris verhoging volgende jaar, ens.
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Hierdie werkgewer gee nie bonusse nie en hoewel daar 'n (geldlose) prestasiebeoordeling is, gee die mense wat die IDs soek ook nie die punte nie.

The question is academic but the guy really just does not like to waste time. *I* don't mind wasting time discussing the issue since it's much more interesting than going to Home Affairs.
 
HavocXphere said:
Tell him to actually show the passport to them regardless of whether they want to see it. I doubt he can lose any legal dispute after that.

Careful though, he might keep his job but sour the work relationships to such an extent that he might as well quit.
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Softer approach would be to give them a certified copy of his passport while telling them he will go apply for the greenbook as his is missing. Then to ask for the time off to go do just that.


If they start with stories why apply now then he can say that as other places will accept a passport or DL as proof of who you are he has not bothered due to the long queues & slow proccesses at home affairs
 
HavocXphere said:
Tell him to actually show the passport to them regardless of whether they want to see it. I doubt he can lose any legal dispute after that.

Careful though, he might keep his job but sour the work relationships to such an extent that he might as well quit.
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That's a good idea. HR couldn't really get you fired in this case.
 
What is such a big issue about showing the employer your ID?? It basically says the same things that your passport says and not applying for a new ID is just lazy, you need it for so many things!!

UNLEss... His identity is in doubt and he is hiding something...?
 
Now that I've said that - I do drive with company cars sometime, but never been asked to supply a copy of my drivers licence.
 
All employers in SA are obliged to ensure that all prospective and/or current employees have the legal right to work in SA, i.e. employee is a SA citizen, or is a Permanent Resident of SA, or has a valid work permit to work in SA. The penalties / fines that an employer can get for non-compliance are severe. But a SA Passport should also suffice as proof, to an employer
 
Edduck said:
What is such a big issue about showing the employer your ID?? It basically says the same things that your passport says and not applying for a new ID is just lazy, you need it for so many things!!
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Not really. Your driver's licence suffices for basically everything you'd need an ID for.
 
I agree - this guy is risking a whole lot (off the records i.e. a soured work relationships) by not showing them his ID. Goodness, you need your ID for everything these days, so you really need to have one. And his company probably has everything on file, so they can't really steal his identity (or what ever academic reason he has for not showing them his ID).

Let him tell them that it has been stolen/lost, show them his passport (just to ease things while he gets a new one), if he wants ask for leave to apply for a new one and then go and stand in the queues like everybody else.

Edit: I'm also pretty sure that if he ever takes legal action against them, somebody (the judge, the lawyer etc.) will show to see his ID. ;)
 
MarkNC said:
I dont think not having a Green barcoded ID in his possession is grounds for a dismissal; However, if there is doubt as to the identity of the employee and the employee shows no attempt to prove his/her identity, this could imply that the individual is potentially an imposter but it is the responsibility of HR to verify this on employment. Interesting...
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+1. Also the problem is that the law (IIRC) states that if you lose your ID you need to apply for a new one as soon as humanly possible. :(
 
Devill said:
+1. Also the problem is that the law (IIRC) states that if you lose your ID you need to apply for a new one as soon as humanly possible. :(
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Good thing I've never bothered to get one - I lose things. :)
ebendl said:
Edit: I'm also pretty sure that if he ever takes legal action against them, somebody (the judge, the lawyer etc.) will show to see his ID. ;)
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ROFL.
 
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