Calls for South African employers to reinstate Remote Work and Hybrid models

Ajouté : 2026-05-09

[00:00:00]Now, following the recent fuel price hikes, as driven by the conflict in the Middle East and the closure of the Strait of Hormuz, there have been a significant resurgence in calls for South African employers to reinstate remote work and hybrid models. Labor unions and legal experts argue that record-breaking increase which saw diesel jump by over six rand per liter has turned daily commuting into an unbearable financial burden for the average worker. Let's get more perspective from labor analyst Tony Healy. Tony, good afternoon to you. Are we entering a second wave of the work-from-home debate, this time driven by fuel prices rather than COVID? I'm highly unlikely that I'll be allowed to work from home, though.

[00:00:39]Uh good afternoon, Hugo. Yes, we have indeed. Maybe not to the extent that we saw during the pandemic, but there's certainly many conversations taking place around the country between employers and employees, with employees wanting to work from home to, of course, uh avoid the uh the heightened fuel cost that they're that they're facing at the moment.

[00:01:01]How serious are the commuting cost crisis for ordinary workers at the moment?

[00:01:06]Look, I think it's very serious, realistically. And I think the dilemma for employers, uh Hugo, is that those that can enter into these into into these kinds of agreements with staff, they tend to they tend to be temporary agreements. They should really be reduced to writing, so how they're going to work is is clearly understood. Um if anything, a challenge for employers is that when they had the previous uh circumstances of the pandemic with people and staff working from home, they had great difficulty very often encouraging those employees to come back to work. So, they are a little concerned at the moment, for example, that they might have a similar challenge with allowing workers to work from home and then being reluctant to return to the office once, for example, the fuel price stabilizes. So, but can employees legitimately ask to work from home because transport has become unaffordable?

[00:02:03]They absolutely can, Hugo. Um but the the employer can equally legitimately agree or not agree. You know, many employers will say that there's certain types of jobs where that's possible and they're willing to enter into a temporary arrangement for that to happen. But there many, many jobs, you know, labor-intensive industries, Hugo, like hospitality, retail, security, agriculture. They manufacturing, they all require workers to be at work. But if there are certain positions where um an arrangement can be made for an employee to work from home, many employers are entering into those agreements, but making sure they do so in writing.

[00:02:41]The the nature of that agreement is clearly outlined, as is the procedure for the employee to return to work and work in the office once that uh once we're over this period of uh the spike in the fuel price.

[00:02:56]Tony, let let's talk about the labor law, right? What What does the law say if a worker simply cannot afford to get to work?

[00:03:04]Look, the the simple answer to that, Hugo, is that employees sign contracts of employment and they say there's a promise, I'll be able to get to work at that time on those on on those particular days, and that becomes an obligation. That's a promise. Um and if an employee doesn't arrive at work for reasons, for example, related to this very issue, which is your question, then cold, hard facts of that is that the employees is in breach of their contract of employment and they're absent from work. So, regardless of the fact, legally, that it is, of course, more expensive to get to work, employees still have an obligation to arrive at work every day on time, regardless of even an issue like this. Tony, Tony, we we we do speak about acts of acts of God, right? So, if if the stream is flooded, for instance, or you you the road is flooded, and you or it's way too cold, and you can't travel to work. And And I don't know if the Strait of Hormuz is amongst the acts of God that we might just throw in there. But, is Is there any latitude or at all, or is it that strict?

[00:04:14]Look, I think you'll find with employers, in the main, they will be more flexible where they can. I mean, employers do understand the pressures that uh employees are under when it comes to the increased, you know, expenses associated coming to work.

[00:04:34]But, we must also look at it from the employer's perspective. You know, they they they may be food manufacturers, they may be hospitals, they may be emergency services uh that are equally important in terms of playing a role in in uh the needs of society.

[00:04:51]Um and indeed, the the interests of of of everyone in an organization that everyone arrives on time every day, regardless of a situation like this.

[00:05:00]There really isn't, unfortunately, uh legislation or I believe case law that would say, for example, if I can't get to work because it's now too expensive, that I would have any protection against, for example, potentially unfair dismissal.

[00:05:20]I want to touch on the humanitarian aspect of the human aspect to to to employment, right? So, we've talked largely about employees. So, let's talk about the the owners of the businesses themselves, right?

[00:05:34]How do we reach some form of alignment or balance? I mean, we we see many, many organizations making billions of rand in in profit uh every year, but only offering 3 or 4% uh a very, very small fraction of what they're making profits to to their staff, right? So are we faced and I'm going to ask you maybe to even generalize with an employer who's largely inconsiderate or indifferent to the challenges that some of their staff might face particularly in challenges such as these?

[00:06:10]You know, what happens in those situations Hugo is that that's perhaps if you like where the role of a trade union may become important where there's if you like strength in numbers when it comes to where employers to pay for example a higher wage increase than maybe the case if the if a union is not present because unions would tend to have more bargaining power than individual employees. But at the end of the day it also depends on the supply and demand of labor. I mean for sure employers do hold a more powerful position in the employment relationship, of course, and our legislation does its best to counterbalance the power and to counterbalance the ability of both labor and and employers to negotiate terms and conditions of employment, but talking specifically about the cost of getting to work in the current circumstances, don't get [clears throat] me wrong. Many employers do make allowances. They did so during the pandemic. They're absolutely doing so now.

[00:07:23]Where they can it's simply not always possible to do so.

[00:07:28]Tony, does the fact that we have such high unemployment numbers in South Africa weakening the bargaining position of of workers in in instances such as these?

[00:07:39]Yeah, of course it does. Absolutely because you know, the reality is if I don't come to work today because I I can't afford to because of the petrol price, and you say, "Well, don't worry.

[00:07:51]I will come and do Tony's job. I will get there somehow." Mhm. Then, yes, you know, there there there are there are many many many people who are more than willing and ready to step into into my job if I can't get to work on time. That that might sound crass, and I can assure you most employers would not behave in that way. They would really understand in as so far as they can. But, unfortunately, not all jobs are able to be uh undertaken remotely.

[00:08:21]All right. Now, speaking of remote work, which categories of workers can reasonably be considered for hybrid work? And which workers are You've already talked about many that are excluded from from that conversation. I mean, you talk about people in agriculture for for instance as as an example.

[00:08:35]Yes, well, I think call centers, call center work, absolutely. Reception work.

[00:08:39]Uh sales could be conducted remotely.

[00:08:43]Accounting can be conducted remotely.

[00:08:45]Perhaps administration. Anything that could have a backup system, for example, online. And there are many many um sectors where that is that is possible.

[00:08:56]And to be honest, they are probably already be already being largely conducted uh remotely in any event.

[00:09:06]But, any position that doesn't require the physical presence of an employee.

[00:09:10]For example, a position that in a sector that is not labor intensive.

[00:09:15]Um then, yes, employers can and really very often do say to staff, particularly in circumstances like this, "You know what? We can do this. We understand the stresses and strains. Let's let's do it on a week-to-week basis. We'll monitor the petrol price. We'll see how things develop." Uh in the understanding that once this is over, we have another discussion about how you're going to return to work. Maybe gradually, maybe maybe a hybrid system of working some days at home, some days uh at at the workplace. Those conversations are taking place all the time. Um and and most employers would be sympathetic where they can be.

[00:09:54]Tony, final thoughts. Should government encourage hybrid work as a national cost-saving intervention, or should this remain a company-by-company decision?

[00:10:03]Well, I think I think already there's the hybrid model is um part of our workplace culture, especially after the pandemic. Let's not forget that hybrid or work-from-home and remote working relationships are also very beneficial for the employer. And indeed, we're seeing in the in the current uh new labor law amendments bill, specific references to how those kinds of uh working relationships can be and should be undertaken in the understanding that we're increasingly seeing work-from-home and hybrid models when it comes to work-from-home evolving in any event naturally, particularly as a consequence of the pandemic.

[00:10:52]Tony, appreciate your time. Thank you so much for speaking to us. That's Tony Healy, labor analyst.