Experts explain what South African law says about after work emails
How hard is it for employees to set clear boundaries with their employers?
People are constantly being reminded of work-life balance.
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Self-care has become the new trend that is here to stay with individuals focusing more on taking time for themselves by doing things that help them relax or bring them joy.
But is a life where work and personal life are equally balanced even possible?
The general office hours for South Africans are 09:00 to 17:00, but that doesn't mean their place of work won't need them to be available for longer periods of time.
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Working on weekends and overtime has become a common expectation when entering the workforce, and often the work done during these times goes uncompensated.
Employees will often receive emails, text messages or calls during their off hours.
A study by Lehigh University in Pennsylvania, USA, has found that it's not the quantity of emails that negatively impacts an employee's well-being but the anticipation of it that causes stress.
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Many countries are working on legislatures against after-work emails but South Africa still has a long way to go.
According to BusinessTech, South Africa’s Basic Conditions of Employment Act 75 of 1997 (BCEA) and Labour Relations Act 66 of 1995 do not allow for the right to disconnect.
There are other benefits for those earning less than R21,198 per month:
- Ordinary hours of work;
- Overtime;
- Compressed working weeks;
- Averaging of hours of work;
- Meal intervals;
- Daily and weekly rest periods;
- Sunday pay;
- Pay for night work and
- Pay for work on public holidays.
International trends might be forcing change in SA as well.
The right to disconnect first emerged following a French Supreme Court ruling.
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Asma Cachalia and Marco Neto from Cliffe Dekker Hofmeyr said that this ruling stated employees are not obligated to work from home outside of working hours.
France is not the only country making moves in this direction. Portugal, Chile, Spain, Luxembourg, Slovakia, the Philippines, Kenya and Italy have all taken steps to safeguard their employees' right to disconnect.
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Australia also improved their right to disconnect as per law with the Fair Work Legislative Amendment (Closing Loopholes No. 2) Bill of 2023.
In anticipation of this shift, South African employers can take proactive steps to implement policies that delineate expectations regarding communication outside of working hours, including contact by third parties such as customers. By clarifying conditions for contact outside of working hours and establishing mechanisms for compensation, employers can lay the groundwork for effectively integrating the right to disconnect into their organisational practices.
They also state that South Africa will need to carefully navigate the complexities of the modern workplace. Embracing the right to disconnect represents a step toward promoting an employee's well-being, enhancing productivity and fostering sustainable employment relationships in the digital age.
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