[South Africa] Phasing out the 9-to-5 workday

According to labour experts, something the pandemic has definitively shown is that many of South Africa’s employees can work from anywhere and the ‘normal’ 9 to 5 is no longer palatable to a contemporary workforce, Business Tech reports.

Commenting on this new outlook, labour experts Hedda Schensema and Tshepiso Rasetlola at law firm Cliffe Dekker Hofmeyr offered their perspectives.

“Over the past two years, many employers have had to reassess their working arrangements due to the pandemic. COVID-19 served as a test run on what the ‘new normal’ has to offer in respect of the employment relationship and some working conditions.

“This has resulted in many employers successfully implementing a hybrid working arrangement and, in some instances, even requiring their employees to work from home indefinitely.”

The Cliffe Dekker Hofmeyr experts told Business Tech that many employers indicated that they have experienced an increase in productivity and less stressed employees.

Conversely, however, employees have been unable to switch off and find themselves working round the clock and over and above their normal working hours. In light of this information, is South Africa ready for a post-pandemic four-day working week?

The end of the five-day workweek? 

Countries such as Belgium and the UK have been able to implement a four-day working week successfully. But South Africa is highly regulated in respect of its labour and employment laws therefore it has been argued that it would not be as seamless or easy an exercise to implement in comparison to these countries.

“South Africa has numerous bargaining councils and sectorial agreements that regulate basic conditions of employment in the different sectors and include, inter alia, working hours. To be able to implement a four-day working week model, these agreements will have to be amended and their terms renegotiated to align with such a model,” the labour experts said.

“This means an employer cannot change the terms and conditions of employment as recorded in these agreements without first consulting the relevant stakeholders, which include trade unions, workplace forums and individual employees.”

This is a process that is consultative and which must result in a consensus being reached on all aspects related to the arrangement, Cliffe Dekker Hofmeyr said.

The firm told Business Tech that a failure to obtain consent prior to implementing the working model may result in a unilateral change in terms and conditions of employment by an employer. This could expose the employer to a referral by its employees in relation to unilateral changes to terms and conditions of employment.

“In addition to this, the relevant labour and employment laws will have to be amended to cater for the working model from a regulatory point of view. Employers will need to consider their health and safety obligations towards employees in terms of the Occupational Health and Safety Act, which requires an employer to, among other things, do everything reasonably practicable to protect employees’ health and safety in the workplace.

“In this regard, an employer’s obligations to ensure the health and safety of its employees extends to where the employee is working outside of the conventionally understood workplace, including a home office.”

Further assessment required 

Although a four-day working week model might sound like a brilliant and exciting idea, employers will have to assess their respective sectors and industry to establish whether it would be practicable or even feasible for its business model, the labour experts said. Employers will also have to consider the applicable legislation and agreements regulating their sector and engage in a consultative process with the relevant stakeholders.

“It is, therefore, perhaps premature to make a concrete finding that the four-day working week model would be possible in a highly regulated country like South Africa. We will therefore have to monitor its progress and assess from an individual employer’s business model as to whether the four-day working week would be appropriate.”

Source: Business Tech

(Quotes via original reporting)

According to labour experts, something the pandemic has definitively shown is that many of South Africa’s employees can work from anywhere and the ‘normal’ 9 to 5 is no longer palatable to a contemporary workforce, Business Tech reports.

Commenting on this new outlook, labour experts Hedda Schensema and Tshepiso Rasetlola at law firm Cliffe Dekker Hofmeyr offered their perspectives.

“Over the past two years, many employers have had to reassess their working arrangements due to the pandemic. COVID-19 served as a test run on what the ‘new normal’ has to offer in respect of the employment relationship and some working conditions.

“This has resulted in many employers successfully implementing a hybrid working arrangement and, in some instances, even requiring their employees to work from home indefinitely.”

The Cliffe Dekker Hofmeyr experts told Business Tech that many employers indicated that they have experienced an increase in productivity and less stressed employees.

Conversely, however, employees have been unable to switch off and find themselves working round the clock and over and above their normal working hours. In light of this information, is South Africa ready for a post-pandemic four-day working week?

The end of the five-day workweek? 

Countries such as Belgium and the UK have been able to implement a four-day working week successfully. But South Africa is highly regulated in respect of its labour and employment laws therefore it has been argued that it would not be as seamless or easy an exercise to implement in comparison to these countries.

“South Africa has numerous bargaining councils and sectorial agreements that regulate basic conditions of employment in the different sectors and include, inter alia, working hours. To be able to implement a four-day working week model, these agreements will have to be amended and their terms renegotiated to align with such a model,” the labour experts said.

“This means an employer cannot change the terms and conditions of employment as recorded in these agreements without first consulting the relevant stakeholders, which include trade unions, workplace forums and individual employees.”

This is a process that is consultative and which must result in a consensus being reached on all aspects related to the arrangement, Cliffe Dekker Hofmeyr said.

The firm told Business Tech that a failure to obtain consent prior to implementing the working model may result in a unilateral change in terms and conditions of employment by an employer. This could expose the employer to a referral by its employees in relation to unilateral changes to terms and conditions of employment.

“In addition to this, the relevant labour and employment laws will have to be amended to cater for the working model from a regulatory point of view. Employers will need to consider their health and safety obligations towards employees in terms of the Occupational Health and Safety Act, which requires an employer to, among other things, do everything reasonably practicable to protect employees’ health and safety in the workplace.

“In this regard, an employer’s obligations to ensure the health and safety of its employees extends to where the employee is working outside of the conventionally understood workplace, including a home office.”

Further assessment required 

Although a four-day working week model might sound like a brilliant and exciting idea, employers will have to assess their respective sectors and industry to establish whether it would be practicable or even feasible for its business model, the labour experts said. Employers will also have to consider the applicable legislation and agreements regulating their sector and engage in a consultative process with the relevant stakeholders.

“It is, therefore, perhaps premature to make a concrete finding that the four-day working week model would be possible in a highly regulated country like South Africa. We will therefore have to monitor its progress and assess from an individual employer’s business model as to whether the four-day working week would be appropriate.”

Source: Business Tech

(Quotes via original reporting)