Workers’ right to disconnect
IN the modern world of work, the lines between personal and professional time are becoming increasingly blurred. With the rise of mobile devices and remote work, many employees find themselves constantly connected to their work, even after working hours. This phenomenon is particularly prevalent in South Africa, where employers have a tendency to contact employees after hours.
THE LAW
While this may seem harmless, the practice of contacting employees after working hours can have negative effects on both the employee and the employer – and there several reasons why this should be avoided.
Strictly speaking, it’s a violation of labour legislation. South Africa has strict labour laws that protect the rights of employees. According to the Basic Conditions of Employment Act (BCEA), employees are entitled to a maximum of 45 hours of work per week, which includes any time spent responding to work-related communications outside of working hours. By contacting employees after hours, employers are essentially asking them to work for free, which is a violation of their rights.
Employers need to remember that while they have every right to send their employees emails after working hours, the employees also have the right not to respond. In fact, expecting an employee to always respond to communications at any hour of the day or night could even be perceived as a form of bullying; and the employee could invoke the Code of Good Practice on Harassment as a means of protecting their rights to stay off-line after hours.
NEGATIVE EFFECTS
Working long hours without any downtime can also lead to burnout – a serious condition that can cause physical and mental health problems. By contacting employees after hours, employers are effectively denying them the opportunity to switch off and recharge their batteries. This can lead to decreased productivity, increased absenteeism, and high staff turnover rates.
Additionally, maintaining a healthy work-life balance is essential for overall well-being. Employers who contact employees after hours are effectively encroaching on their personal time, which can harm relationships with family and friends, leading to resentment and a lack of motivation.
INTERNATIONAL TRENDS
Countries such as France and Kenya have already outlawed after-hour calls and emails from bosses. Kenya has also proposed the Employment Amendment Bill, which seeks to protect workers against doing extra work without pay.
While it remains to be seen whether South Africa will follow a similar route, in the meantime, nothing prevents companies from implementing a policy that prohibits after-hours communication between employers and employees.
This being said, it is important to remember that in any working environment, employees may be required to work overtime in order to get the job done. But employers should take care not to make this the norm – or they may be faced with unwanted consequences.