Analyses & Studies
ENSafrica: Remote Working Rights Under Adjusted Level 4
What are employers’ and employees’ remote working rights (and responsibilities) during Adjusted Alert Level 4?
The rapid rise in COVID-19 infection rates and a shift to Adjusted Alert Level 4 in South Africa have heightened many employees’ fears and reluctance about physical work interactions, returning to and/or continuing to work in traditional workplaces. Employers must prepare to manage these concerns properly and be informed of their rights and obligations regarding remote working arrangements. The stakes have never been higher.
Despite amended Regulations, Directives and copious commentaries doing the rounds, there appears to be immense confusion about which employees can (and should) work remotely and under what circumstances during Adjusted Alert Level 4. Can employers force their employees to work at the workplace? If so, which ones and when? What if employees refuse to work at the workplace? Can these employees be dismissed?
We discuss these and other pressing questions about employers’ and employees’ rights and responsibilities regarding remote working during Adjusted Alert Level 4.
Ultimately, context is key and employers are encouraged to consult with their preferred legal advisor for advice on specific questions and concerns regarding remote working. Each case should be considered on its own merits.
About ENSafrica
With over 600 practitioners and more than 200 years of experience, ENSafrica is Africa’s largest law firm. ENSafrica provides legal and tax services across sub-Saharan Africa and is committed to ensuring work is done in the manner that best suits your risk profile, preferences and pricing structures. ENSafrica has lawyers qualified to practise English, French and OHADA law. Through the financial services centre of Mauritius, ENSafrica also offers a unique possibility to integrate all aspects of structuring your investments in relation to all commercial areas of law, tax, IP and fiduciary.
