By Anton van Heerden, Managing Director at DNA EOR

There’s a lot of talk about the ease of hiring internationally. And for good reason: remote work has freed companies from their local talent pools and opened the door to skilled professionals in new regions, like South Africa. But the conversation often skips over a more complicated reality: what happens when things don’t work out?

You’ve hired a team member in South Africa through an Employer of Record (EOR). But now, performance isn’t meeting expectations, or business needs have shifted.

Can you simply “let them go”? Not quite.

When you hire through an EOR, you’re outsourcing employment and compliance, but you still need to act with care when it comes to terminating employment. Termination still needs to be handled carefully, legally, and fairly and it is best to be handled by the EOR. This process demands attention in South Africa, where labour protections are robust and non-compliance can be costly.

Here’s what every HR and payroll leader needs to know before navigating an international termination via EOR in South Africa.

The EOR Is the Employer, and needs to drive the termination process

When a company hires an employee through an EOR, the EOR (in this case, DNA EOR) is the legal employer. That means we are responsible for issuing contracts, managing payroll, and – crucially – handling any disciplinary actions or terminations in accordance with South African labour law.

But: the request and reasoning still come from you. As the client, you guide the performance expectations, the outcomes, and the cultural fit. We translate that into compliant, local execution.

And in South Africa, execution matters.

Termination During Probation: Not a Free Pass

Many international employers assume that probation is a “grace period” during which they can terminate employment without fuss. In South Africa, that’s a dangerous assumption.

While probationary periods allow for closer performance scrutiny, they are not exempt from labour law. The Commission for Conciliation, Mediation and Arbitration (CCMA) requires evidence of fairness – both procedural and substantive – even during probation.

At DNA EOR, our approach is clear:

1. At least three documented performance counselling sessions must be conducted during the probationary period, with each session outlining concerns, support offered, and improvement expectations.
2. The employer (EOR) must confirm the feedback in writing or in an email.
3. The employer (DNA EOR) must clearly communicate that continued underperformance could lead to termination.

Without this paper trail, any attempt to end the employment could be deemed unfair – leaving room for CCMA litigation, and potential fines equal to up to 12 months’ salary.

Notice Must Be Timely, And Strategically Aligned

If a company intends not to continue employment after probation, they must notify the EOR partner at least 10 days before the probation end date.

Why? Because legally, the employee is owed notice pay and accrued leave once probation ends.

If you miss that window, you could end up paying an extra month’s salary simply because of a process delay.

When it’s time to terminate, the EOR partner will issue the formal notice, citing the probation clause and enclosing supporting documentation.

After Probation: Things Get Even More Serious

The requirements are more stringent if termination is considered after the probationary period has lapsed.

First, we return to the three-session counselling process, this time, even more critical. These must be focused on:

• Specific performance metrics
• Goals not met
• Support or accommodations offered

Then, if the employee is still underperforming, the EOR partner must lead a formal performance inquiry hearing. This hearing must include:

• An independent chairperson (not from the client company)
• The opportunity for the employee to respond or dispute the concerns
• Legal representation, if the employee requests it

Only after this process can we issue a termination notice, and even then, only in accordance with the notice period defined in the employees’ contract.

Improper Dismissal Is Expensive – And Brand-Damaging

A dismissal that doesn’t follow the correct legal and procedural steps can be challenged at the CCMA and South African labour courts tend to favor the employee if due process wasn’t followed.

The risk? An unfair dismissal ruling could result in the company being required to pay up to 12 months’ salary in compensation. Add legal costs and reputational risk, and it’s a situation every employer should be eager to avoid.

That’s why international companies must treat termination with as much care as hiring, especially in regulated markets like South Africa.

What About Poor Fit, Not Poor Performance?

Sometimes, the issue isn’t performance, it’s misalignment. The team isn’t clicking. The work style doesn’t fit. The energy is off.

Unfortunately, “not a culture fit” is not a legally valid reason for termination under South African law.

Unless poor performance can be demonstrated and documented (or gross misconduct occurs), you’re limited in how you can end employment lawfully.

In these cases, the EOR may explore mutually agreed terminations or negotiated exits, but these are highly sensitive and must be handled with discretion, care, and always in alignment with the employee’s legal rights.

Best Practices for International Employers

If you’re hiring South African talent via an EOR, here’s how to ensure a smooth offboarding process, should it ever become necessary:

• Document everything. Performance expectations, feedback sessions, and support initiatives.
• Be transparent. Let the employee know when they’re underperforming and what they can do to improve.
• Communicate early. Notify your EOR in advance if you suspect termination may be needed.
• Respect the law. Probation doesn’t waive employee rights.
• Partner closely with your EOR. We are your HR team on the ground

Firing Remotely Isn’t Easy, But It Can Be Lawful

Let’s face it: terminating a team member is never easy. Doing it across borders, in a legal environment you don’t fully understand, can feel even more complex. That’s exactly why partners like DNA EOR exist. We don’t just help you hire, we protect your compliance, brand, and employee experience every step of the way.

Hiring internationally is a bold move, but managing the full employee lifecycle with care and legality sets successful global teams apart. If your company is expanding into South Africa, don’t wait for things to go wrong. With the right processes, and the right local partner, you can navigate the tough moments with clarity and control.

And let’s be clear: South Africa isn’t a hiring risk, it’s a global opportunity. South African professionals are known for their skill, resilience, and global mindset. With strong English fluency, reliable connectivity, and time zones that naturally sync with Europe and parts of the US, they integrate seamlessly into international teams. In addition to that, the economic advantage of a favourable exchange rate makes it easy to see why more companies are building remote teams here.

When you partner with an EOR like DNA, you’re not just checking compliance boxes; you’re tapping into the full value of South African talent with confidence, clarity, and peace of mind.