Remote Working Challenges To Traditional Employment Contracts

Before the COVID-19 pandemic accelerated the transition to remote working capabilities, an employment contract would often refer to an employee's 'place of work'. At such 'place of work', the employer and employee both had obligations to fulfil, which were regulated by legislation and practice reflected in the employment contract.

However, the move to a more agile or remote working environment provides challenges to the traditional social contract legally, particularly in terms of the current Basic Conditions of Employment Act (BCEA) 1997, as well as the responsibilities of both employer and employee. Many employers may have to amend and/or introduce new policies to regulate employees who are now working remotely.