Remote and hybrid work(ers): Considerations for regulating remote working arrangements and a code of good practice for remote work
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Date
2024
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Publisher
University of the Western Cape
Abstract
Globally, the COVID-19 pandemic intensified the focus on remote work and raised the need to evaluate the adequacy of labour legislation and workplace policies in the context of hybrid and remote-work arrangements. Remote work is characterised by the use of digital technology to perform tasks outside of the employer’s premises, often at the employee’s home. While it offers flexibility, inclusivity, and environmental benefits, it presents challenges too, for example in regard to enforcing employment standards, maintaining work-life balance, privacy, health and safety, and avoiding the risk of worker invisibility. Similarly, remote work poses difficulties for performance management and access to the workplace for inspection purposes. Key issues explored in this report include the regulation of working hours, occupational health and safety concerns, and compensation for occupational injuries. The report proposes the development of regulatory mechanisms — regulations and a Code of Good Practice — for remote work to provide certainty to remote workers and safeguard their well-being while balancing this with the interests of employers. The report provides guidance on remote-work policies in the workplace. Additionally, it considers legislative developments on flexible working arrangements that respond to the evolving nature of work in the digital era, promote work-life balance, and support gender equality.
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Keywords
Remote work, hybrid work, work from home, right to disconnect, flexible working arrangements