Stellenbosch University\u2019s legal expert Karin Calitz says that legislation changes or a national code of practice need to be put in place in South Africa to allow workers to ‘disconnect’ from work, as burnout amongst employees has become a growing concern.<\/p>\n
Burnout is not a new phenomenon and can be described as a particular type of work-related stress resulting in a state of physical or emotional exhaustion \u2013 often caused by being overworked.<\/p>\n
Experts attribute the resurgence of burnout to the Covid-19 pandemic, which shifted the working environment from the office to the home.<\/p>\n
This shift meant that work and personal boundaries became blurred, creating an environment where employees were reachable 24\/7 \u2013 doing more than they ordinarily would compared to being in the office, which is regulated by office hours.<\/p>\n
There are no labour laws in South Africa that are targeted explicitly at long hours, overwork and tight deadlines – and Calitz believes this is negatively affecting employees\u2019 health and productivity.<\/p>\n
According to Calitz, the International Labour Organisation conducted a study during the pandemic in 2020 and found that Covid-19 exacerbated burnout, especially for employees that had children.<\/p>\n
She added that surveys in the UK showed that 40% of employees suffered from burnout over the same period. A two-year follow-up report showed that these numbers are not declining.<\/p>\n
\u201cBurnout is taking on epidemic proportions globally, and South Africa is no exception,\u201d she said.<\/p>\n
Calitz said that South Africa should adopt legislation that allows employees to disconnect from work communications after office hours – prescribed in their contracts – and bar employers from sending out those communications.<\/p>\n
If not legislation, then South Africa should put in place a national \u201ccode of good practice\u201d, she said. This would require employers to sit down with their employees or respective unions to determine a suitable code that the employer will contractually abide by to avoid penalties.<\/p>\n
She added that South Africa would not be the first country to make such a move and that countries such as France, Italy, Germany, and other European countries have adopted ‘Right to Disconnect’ legislation.<\/p>\n
France was the first European country to introduce the Right to Disconnect legislation in 2016, which refers to a worker\u2019s right to be able to disengage from work and refrain from engaging in work-related electronic communications, such as emails or other messages, during non-work hours.<\/p>\n
This legislation is now regulated by Article L.2242-17 of the Labour Code in France, and any company that infringes upon it could face fines of up to \u20ac4,080 (R72,175).<\/p>\n