Work-related communications outside of regular business hours
In South Africa, regular business hours are regulated in terms of Chapter 2 of the Basic Condition Employment Act No.75 of 1997(BCEA), which regulates all business hours, including overtime. The BCEA operates in conjunction with the Code of Good Practice on the Arrangement of Working Time (“the Code”) to provide information and guidelines to employers and employees about the arrangement of working time. According to both legislative pieces, specifically section 9 of the BCEA, 45 hours in any week is the maximum amount of normal working time permitted for all employees. Thus, if an employee works a five-day week, this equates to 9 hours per day (not including their lunchbreak), and if an employee works more than 5 days per week, it equates to 8 hours per day (excluding their lunchbreak), contingent on employees earning less than the ministerial salary threshold.
The modern workplace is undeniably dominated by technology, and the COVID-19 pandemic has forced companies to turn to remote working strategies in efforts to maintain the viability of their enterprises. It has thus become customary to send or check emails or text messages after regular business hours due to the widespread availability of readily available technology and digital communication channels. It is due to these adaptations that employees often find themselves burdened with work-related obligations that run outside the scope of the regulated business hours; at often times without any compensatory measure put in place, however with the heighted expectation to remain accessible for work commitments during employees’ personal time.
INTERNATIONAL APPROACH
In light of the noted technological advances and remote working strategies becoming more apparent resulting in employees working outside the span of their normal working hours, a few countries have incorporated employees’ Right to Disconnect from Work-related Communication outside of Working hours in terms of their labour laws.
THE ESSENCE OF THE RIGHT TO DISCONNECT
Accordingly, the Right to Disconnect, among other benefits, allows employees time to revitalise themselves by not performing any work outside normal working hours whilst also prohibiting employers from penalising employees for refusing to attend to work matters outside normal working hours. Thus, enforcing the employer to in turn respect another individual’s person’s right to disconnect; a concept that encourages the same respect amongst colleagues. Furthermore, the Right to Disconnect enforces and draws an emphasis on employees’ rights to freedom in not engaging in work matters outside the prescribed working hour; meaning the employer cannot forcibly expect same or apply any disciplinary sanction against such.
SOUTH AFRICA’S LABOUR LAWS
Although South Africa’s Labour Laws do not provide for the Right to Disconnect currently, international trends may impose its incorporation into South Africa’s legal framework.
Whilst the application for the Right to Disconnect may impose its own challenges at first, the benefit to be espoused from this will not only promote an employees’ wellbeing, but also enhance their productivity and encourage a healthy working relationship.
