Remote working and labour legislation in South Africa

Abstract

The coronavirus pandemic has caused working arrangements to evolve to remote work across the globe, which has become an area of concern for labour legislation, particularly in South Africa. The Labour Relations Act 66 of 1995 and the Basic Conditions of Employment Act 75 of 1997, among other statutes, were enacted to regulate working conditions in the workplace. These legislations were enacted to give effect to section 23 of the Constitution which provides that everyone has the right to fair labour practices as well as section 9 of the Constitution which provides that everyone is equal before the law. However, there is a lacuna in the legislation as there is no explicit provision regulating remote work.