Although there is no specific legislation that regulates remote working, there are a number of factors employers must take should take into account when deciding if remote working is suitable for their business, according to Balindile Shezi, an executive at ENSafrica in the employment law department.
"Many employees were happy to be spared having to travel to the office, but research shows, at the same time, due to encroachment of working hours into their personal time, it is causing tension," she said. "At the same time, corporate culture is developed in the office and employers are concerned if it can be maintained with remote working."
For her the starting point should be the contract of employment. Does it permit remote working and if so, in what way is it permissible? Should there be a consultation beforehand?