RRLLB81 Assignment 2.

DIFFICULTIES IN TELEWORKING WITHIN THE FRAMEWORK OF SOUTH AFRICAN LABOUR LAW By JOHAN ADRIAAN PRETORIUS () Submitted in partial fulfilment of the requirements for the LLB degree BACHELOR OF LAWS In the DEPARTMENT OF MERCANTILE LAW SCHOOL OF LAW UNIVERSITY OF SOUTH AFRICA SUPERVISOR: MR LC COETZEE RRLLB81 ASSIGNMENT 02 (14 April 2022) ACADEMIC HONESTY DECLARATION 1. I understand what academic dishonesty entails and am aware of Unisa’s policies in this regard. 2. I declare that this assignment is my original work. Where I have used someone else’s work, I have indicated this by using the prescribed referencing style. Every contribution to and quotation in this assignment from the work or works of other people has been referenced according to this style. 3. I have not allowed, and will not allow, anyone, to copy my work with the intention of passing it off as his or her own work. 4. I did not make use of another student’s work and submitted it as my own. NAME: JOHAN ADRIAAN PRETORIUS............................................................ SIGNATURE: 2082........................................................................... STUDENT NUMBER: ........................................................................ MODULE CODE:.RRLLB81.......................................................................................... DATE: 14 April 2022........................................................................................ TOPIC SELECTED: TELEWORKING (WORKING FROM HOME) UNDER SOUTH AFRICAN EMPLOYMENT LAW MARK RECEIVED FOR ASSIGNMENT 01: ... 2 | P a g e 5 5 8 1 0 8 8 8 ABSTRACT Teleworking (working from home) is not a new concept in South Africa. However, the sudden onset of COVID-19 prompted many enterprises in South Africa and the rest of the world to shut down with no backup preparations. The government implemented policies that would aid in the recovery of the economy. As a result, Teleworking was one of the tactics used by most businesses. This study aims to analyze the difficulties involved with teleworking within the context of South African labour legislation. In summary, teleworking has no legal foundation in South African labour law. Thus the study will not go into detail about it. Chapter one of the study, the study address the notion of telework. Even though telework does not have a legal basis in South Africa, the study explores the situation of a teleworker as an employee in Chapter 2. Working from home and utilizing one's house as one's work location as a teleworker does not qualify the home as a workplace, as explained in Chapter 3. Finally, Chapter 4 explores the real practical issues that may arise due to teleworking. KEYWORDS • Teleworking • Working from home • Legal position of a teleworker as an employee • Workplace • Challenges associated with teleworking LIST OF ABBREVIATIONS AND ACRONYMS 3 | P a g e 5 5 8 1 0 8 8 8 ICT Information and Communication Technology IOL International Labour Organization LRA Labour Relations Act CCFT Coercive Control Facilitated by Technology WFH Work from Home COVID-19 Corona Virus Discovered in 2019 4 | P a g e 5 5 8 1 0 8 8 8 TABLE OF CONTENTS 1. INTRODUCTION...................................................................................................................... 6 CHAPTER 1 THE CONCEPT OF TELEWORK.....................................................................................7 1.1 INTRODUCTION...................................................................................................................... 7 1.1.1 DEFINING TELEWORKING............................................................................................................. 7 1.1.2 HOW IS TELEWORK DIFFERENT FROM WORKING FROM HOME?...................................................... 7 1.1.3 TO WHOM TELEWORK DOES NOT APPLY?..................................................................................... 8 1.1.4 DURATION OF A TELEWORK AGREEMENT..................................................................................... 8 1.1.5 ARE EMPLOYEES OBLIGED TO TELEWORK?.................................................................................. 8 1.2 CONCLUSION............................................................................................................................... 10 CHAPTER 2 TELEWORKER AS AN EMPLOYEE...............................................................................11 2.1 INTRODUCTION.................................................................................................................... 11 2.1.1 IS A TELEWORKER AN EMPLOYEE?............................................................................................ 11 2.2 CONCLUSION...............................................................................................................................14 CHAPTER 3 WORKING ENVIROMENT.............................................................................................15 3.1 INTRODUCTION...........................................................................................................................15 3.1.1 IS WORKING FROM HOME THE SAME AS A WORKPLACE?............................................................ 15 3.2 CONCLUSION...............................................................................................................................16 CHAPTER 4 PRACTICAL CHALLENGES ASSOCIATED WITH TELEWORKING..............................17 4.1 INTRODUCTION...........................................................................................................................17 4.1.1 CHALLENGES ASSOCIATED WITH THE SAFETY OF EMPLOYEES WHO TELEWORK...........................17 4.1.2 BASIC CONDITIONS OF EMPLOYMENT IN THE CONTEXT OF A TELEWORKING................................18 4.1.3 HARASSMENT AND VIOLENCE IN THE CONTEXT OF A TELEWORKING...........................................19 4.1.4 SAFETY MEASUREMENTS IN THE TELEWORKING ENVIRONMENT...................................................21 5. CONCLUSION................................................................................................................................. 23 6. BIBLIOGRAPHY..............................................................................................................................24 5 | P a g e 5 5 8 1 0 8 8 8 1. INTRODUCTION The coronavirus (COVID-19) pandemic is still wreaking havoc on public health and causing unprecedented economic and labour markets disruptions. Many steps have been taken worldwide to stop the virus's spread, following World Health Organization (WHO) recommendations. Governments in various parts of the world have implemented measures ranging from physical separation, restrictions on freedom of movement, and the closure of non-essential companies and undertakings to the lockdown of entire cities. As the pandemic evolves, so do the measures governments have put into combating it. Since the first case of COVID-19 was reported in early March 2020, the government has taken a wide range of actions and issued numerous regulations, directives, and recommendations aimed at limiting the virus's spread, including measures such as travel restrictions and bans, movement restrictions, and lockdown, which began on March 26, 2020. These have impacted society and business in all sectors of the economy. Reduced face-to-face contact was an essential step in mitigating the effects of COVID-19. Employers must be able to adapt and make contingency plans in this new environment to respond to new measures as they emerge. Several businesses are looking into working from home (WFH) as a temporary or alternative work arrangement.