THE RIGHT TO DISCONNECT

HR Compliance in the Permanent Hybrid Era

Remote work is no longer considered a temporary "emergency measure" by the CCMA. While South Africa does not yet have a standalone "Right to Disconnect" statute, the Commission is increasingly using existing laws to protect employees from digital overexposure.

Mental health and burnout are now being treated as legitimate Occupational Health and Safety risks. This changes the compliance landscape for every employer with a hybrid workforce.

Where Employers Are Exposed Under the Basic Conditions of Employment Act (BCEA):

• Tracking working hours remains mandatory, even from a home office

• Overtime rules apply regardless of where the laptop is opened

• Availability expectations must be clearly defined in writing

We are seeing a rise in constructive dismissal cases linked to "digital tethering"—the implicit pressure to respond to WhatsApps and emails at all hours.

The OHS Expansion Occupational Health and Safety no longer stops at your physical office park. It now includes:

• Psychological safety and boundary management

• Documented home office risk assessments

• Proactive burnout mitigation strategies

If your remote work policy has not been updated since 2024, your business is likely carrying unnecessary liability.

Key Risk Insight: A vague remote work clause is no longer a perk; it is a legal liability.

Does your current remote work framework protect the business, or is it a ticking time bomb for a CCMA referral?