Work-from-home warning in South Africa

There is a shift in the workplace away from work-from-home to returning to the office. However, legal experts warn employers to consider agreements before asking employees to return to the office.

Remote work is not a new concept in South Africa, and it was introduced before the COVID-19 pandemic made it commonplace.

The pandemic acted as a catalyst, accelerating the shift towards remote work and highlighting its unique characteristics and benefits.

However, there are clear signs that, following international trends, the shift away from this working model is underway in South Africa.

In 2024, several South African companies, including Vodacom, Nedbank, and Arena Holdings, amended their work-from-home policies, mandating that their employees return to the office.

Additionally, Discovery Bank’s SpendTrend24 report revealed that over three-quarters of South African office workers now commute to the office at least three days a week.

Growthpoint Properties, one of South Africa’s largest commercial property owners, has observed a clear shift back to the office.

Timothy Irvine, Growthpoint Properties’ Head of Asset Management, told BusinessTech that the company has seen a significant increase in parking demand at office buildings.

At the end of 2024, Growthpoint reported that the first quarter of its 2025 financial year showed no tenant space reductions for the first time since the pandemic began. 

A similar increase in demand was also noted in employers prioritising amenities like coffee shops to create more attractive work environments. 

CareerJunction’s Employment Insights Report for the fourth quarter of 2024 further supports this trend, showing a steady decline in work-from-home opportunities.

During the pandemic, remote work surged. However, remote or hybrid job listings fell from 4.3% in 2023 to 3.7% in 2024, indicating that this downward trend will continue.

CareerJunction’s survey also revealed that nearly 60% of South African employers now require more in-office presence.

Caution for employers

Yvonne Mkefa, Director of Employment Law at Cliffe Dekker Hofmeyr (CDH), told BusinessTech that employers can make changes in the workplace, but they must do so lawfully and fairly.

There is no specific legislation governing remote working in South Africa. The Labour Relations Act (“LRA”), the Basic Conditions of Employment Act (“BCEA”), and employment contracts determine whether requiring employees to return to the workplace is reasonable and lawful.

“The BCEA requires employers to provide their employees with written particulars of employment, including particulars of their place of work,” she said.

“If a contract of employment stipulates that the place of work is ‘remote working’, the employer is bound by that written agreement.”

This means that if such an employee doesn’t agree to a demand by the employer for the employee to return to ‘working from an office’, it would constitute a breach of contract and a unilateral amendment of terms and conditions of employment if enforced.

Where the contract of employment expressly retains the right for the employer to determine the place of work, the employer has a contractual right and may unilaterally impose a return to the office.

However, Mkefa noted that this is subject to the employer acting fairly. It means an employer cannot change the place of work for only some, and not all, employees based on race or for an ulterior motive.

She explained that the LRA does not explicitly dictate where employees must work, but it does ensure fairness in the workplace.

If an employer wants to make changes, such as introducing or removing remote work, they must consult or negotiate with employees or their representatives.

Employers must also be fair when providing workplace benefits, including the option to work from home. It could be considered an unfair labour practice if they take away such a benefit unfairly.

Even if remote work is not part of an employment contract, employers should still consult employees before making changes to discretionary benefits or workplace practices, especially when these decisions are based on operational needs.

“An employer must always retain for itself the contractual right to unilaterally change the place of work to
allow for flexibility and cater to operational needs, and an employer must at all times act fairly in relation to the provision of benefits,” Mkefa said.