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Get the GuideRemote work in South Africa is not specifically governed by employment law legislation. However, an employer may designate an employee's home address as the place of work in their employment contracts, with the flexibility to amend this if necessary according to the company’s operational requirements. Remote work policies are not mandatory in South Africa but are recommended to ensure clarity, consistency and to avoid disputes.
Employers are responsible for ensuring the health and safety of their employees, even when they work from home. This involves implementing a Hybrid Working and Flexible Working Hours Policy to address potential hazards and assess risks in work-from-home environments. Employers should provide reasonable support to set up a safe home office, including potential contributions to internet costs and ergonomic furniture.
Employers should ensure the security of sensitive information in a remote work setup. Employment agreements should specify the ownership and confidentiality of the IP developed during employment. Employers should implement stringent data protection measures and maintain compliance with POPIA.
Employers should develop guidelines for home workspaces to promote productivity and safety. This includes providing the necessary equipment and support for employees to establish a functional and ergonomic home office. Regular check-ins and assessments may be required to ensure the workspace meets the necessary standards and to address any issues promptly.
Working conditions for remote employees must comply with South African employment laws. There are no restrictions on the maximum number of hours an employee may work per week if they earn above the Earnings Threshold. However, employers must regulate working hours with due regard to the health and safety of their employees. Employees are entitled to at least 15 working days of statutory annual leave per year, and employers can offer additional annual leave if desired.
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