Stakeholders’ Perspectives on State Policy Response to the Rise in Remote Work Regimes in South Africa

Abstract

The COVID-19 pandemic was a catalyst in fast-tracking the adoption and implementation of remote working across the globe, with South Africa not being an exception. Post the pandemic, there has been a continued implementation of remote work, with some countries opting to put in place specific policies and regulations that govern the implementation of remote work. This study seeks to understand the perspectives of stakeholders on how the state responded to the rise in remote work. This study is qualitative in nature and relied on document analysis, looking at the several laws that exist to govern labour laws in South Africa, as well as existing literature and papers that highlight the views of various stakeholders on the rise of remote work, and the response by the state. In addition to the document analysis, in-depth interviews were conducted with key informants who have extensive experience dealing with remote work, as well as labour policy development. To ensure this is done effectively, the National Economic Development and Labour Council (NEDLAC) was leveraged as it has representation of all major social dialogue constituents nationally, i.e. Government, Labour, Community and Business. The study adopted the lens of the labour market flexibility theory which contends that businesses will adapt their workforce in accordance with changing environments, and that there should be more deregulation in the labour market to allow for flexibility. In addition, to understand the various complexities and layers involved in policymaking, the study looked at the advocacy coalition theory. The study highlights that stakeholders are of the view that there is a lack of clear state regulation for remote work with gaps identified in the occupational health and safety regulations, the need to establish specific provisions related to the right to disconnect and ensuring fair and equitable treatment of all employees. The state has delayed in adapting to remote work when in comparison to other countries like Angola, Brazil and Ireland who have opted to establish specific regulations speaking to remote work. Stakeholders argue that the state should provide greater guidance to enable them to navigate the changing landscape. The study finds that the rise in remote work presents an opportunity to update and modernise work and legal frameworks. This would benefit all stakeholders, ranging from the employers, employees, and labour unions as it would ensure that work and legal frameworks are fit for purpose and address current challenges faced by workers and employers. The modernisation of frameworks governing remote work and policy should be based on evidence. This is critical in South Africa considering the history of work and the impact of apartheid on the organisation of work.