Has South Africa officially put the effects of COVID-19 behind it? This is a fascinating question as we review the world of work in 2025.
On 27 March 2020, South Africa entered into its first COVID-19 enforced lockdown and employers and employees needed to reimagine their relationship. From Teams and ZOOM meetings to remote working engagements and recruitment, the world of work fundamentally changed.
This started to change during 2024 as more and more organisations began to drive staff back to the office and this has created tension between employers and employees as they seek clarity around working conditions.
“Return to office” mandates are not that simple:
One of the major challenges that employers are currently facing is that simply demanding employees return to the office is not completely straight-forward – this is primarily as a result of hiring practices which have taken place over the last few years.
Many employment contracts concluded over the past few years speak of “Remote Work” or “Hybrid Work” with employers looking to lean into trends developed initially under Covid and the associated lockdowns.
The problem that many employers are now finding is that unless they have clearly defined remote working or hybrid policies, they cannot change this and demand that employees return to the office unless an employment agreement specifies that the employer has the right to change this.
Why updating your remote work policy matters
A well-structured remote work policy protects both employers and employees. It clarifies expectations, ensures compliance with labour laws, and reduces the risk of disputes. Unfortunately many employers and managers will only realise this when a dispute arises.
Without clear guidelines, businesses may face challenges related to performance management, workplace safety, and compliance with the Basic Conditions of Employment Act (BCEA) and the Occupational Health and Safety Act (OHSA).
Key legal considerations for WFH Policies
- Employment contracts and amendments If an employee is permitted to work remotely, their contract should reflect this. Changes in work location and responsibilities should be documented to avoid future legal disputes.
- Occupational Health and Safety (OHS) Compliance Employers are responsible for ensuring a safe work environment—even for remote workers. According to the OHSA, businesses must take “reasonably practicable” steps to ensure employees’ safety, which includes ergonomic considerations for home offices.
- Working hours and overtime The BCEA stipulates maximum working hours, break times, and overtime pay. Without proper monitoring mechanisms, remote employees may end up working excessive hours without adequate compensation, exposing employers to legal claims.
- Confidentiality and data protection With remote work, data security risks increase. Employers must ensure compliance with the Protection of Personal Information Act (POPIA) by implementing strict data protection measures, such as VPN usage and secure access controls.
Reviewing and updating your WFH Policies
Now is the time to audit your existing remote work policies to ensure they are comprehensive and legally sound. Here are a few steps to guide you:
- Clarify eligibility criteria: Define which roles qualify for remote work and under what conditions. This is an important issue which is often forgotten as many senior managers and executives will give themselves the benefit of remote working and then be challenged on this during a dispute.
- Set clear expectations: Outline working hours, availability, and response times. A clear benefit of remote working is that employees can work with flexibility but the moment there is a dispute, the natural reaction from the employer is to question the level of work and lack of accountability. As per Jack Welch the former CEO of General Electric – “If you can’t measure it, you can’t manage it”
- Establish a WFH / Remote Working “premium”: An area which is emerging as an interesting discussion point for managers and business owners is the remuneration packages for office-bound workers versus remote workers. A natural benefit of WFH structures is that you do not incur the travel time to and from work (Something which is particularly topical in Cape Town and Gauteng at the moment).
Do you have a clear idea of how Remote / Hybrid are compensated relative to office-bound staff? This becomes particularly relevant as your lower-level staff who are dependent on office provided internet and infrastructure have to incur travel costs. - Include performance management and gig work guidelines: Events in the US have seen Elon Musk and the so-called “DOGE” challenging the number of remote working federal employees. Musk has called out the number of remote workers who are earning dual incomes running sideline businesses or doing “gig” work.
Many remote workers are supplementing their income with gig work and sideline work but employers have failed to put in place systems to control how they ensure that they prioritise the roles that they are employed to manage. - Does your remote working policy speak to your leave policy?: This has become a specifically contentious area for employers. An employee who arrives at 8:30 is present and accounted for – how is an employee treated if their first documented work commences around 10:30 and their last meeting is recorded at 14:30?
- Ensure legal compliance: Review policies against BCEA, OHSA, and POPIA regulations.
- Update IT and cybersecurity policies: Secure sensitive company data with clear cybersecurity protocols. This is particularly topical in the worlds of finance and technology where data privacy standards are becoming increasingly stringent.
Need to strengthen your Remote Working policies?
If your business is looking to enhance its Remote Working policies or need to restructure employee contracts, we are on hand to assist.
We would be happy to setup an online meeting or host you at our offices in Rosebank to discuss your needs. Please do not hesitate to reach out to us to discuss further.