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IOL News
a day ago
- IOL News
Ongoing inspections reveal undocumented workers
The Department of Employment and Labour continues its oversight of construction sites in Knysna. Image: Department of Employment and Labour A year after the George building collapse, which claimed the lives of 34 people and left 28 injured, the Department of Employment and Labour continues oversight on construction sites in towns such as Knysna, which saw multiple undocumented foreign nationals taken into custody and the sites closed temporarily. In a statement, the department confirmed that during a multidisciplinary and unannounced inspection held on June 3, they visited the construction and hospitality sector in Knysna, where several undocumented workers were found. 'At one construction site, gross contravention to labour legislation was discovered, which led to the temporary closure of the site,' said the department. 'Multiple undocumented foreign nationals were taken into police custody on site, all thanks to the swift work of the joint venture between the department's Inspection and Enforcement Services (IES) unit, the local Knysna police office, as well as Home Affairs' Border Management Authority. 'The blitz inspection forms part of the department's service delivery campaign in Knysna. #Yazini #Delservices #workersrights.' Teboho Thejane, chief communications officer, said as it was a multidisciplinary blitz, they could not comment formally on undocumented persons, when asked how many persons were detained. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading 'As labour migration Act is outside our scope we do not effect arrests, but we look at, Basic Conditions of Employment Act,(BCEA), National Minimum Wage Act, (NWM), Labour Relations Act, ( LRA), Employment Equity Act, (EEA ) and, Occupational Health and Safety Act, (OHSA) just to mention a few," he said. 'Inspection and Enforcement Services (IES) nationally does have proactive and reaction inspection in different sectors, inclusive of contraction. Construction is one of the sectors under our radar. Because such blitz inspections include other role players as they are multiciliary when they are arranged and finalised we will inform accordingly.' In January, the Department of Employment and Labour carried out a similar blitz in Camps Bay where 10 illegal immigrants were found working at restaurants, and their employers held accountable, with one arrested. The Department of Home Affairs's David Hlabane did not respond to queries. Just last week, the Minister of Public Works and Infrastructure, Dean Macpherson, received the final report from the Council for the Built Environment (CBE), through its body Engineering Council of South Africa (ECSA), surrounding the tragic George building collapse. He said the department will carefully study the report to develop a pathway forward to ensure such a collapse never happens again. Earlier, the George Municipality also confirmed that the final report involving the independent structural investigation of the site, which was commissioned and undertaken by the Engineering Design Services (EDS), has been handed over to the police. Human Settlements Minister, Thembi Simelane, said via a report that the municipality was at fault for approving the apartment block's plan when it was already in the process of construction.
Daily Maverick
05-05-2025
- Business
- Daily Maverick
Back to the office — can your boss force you to go?
South African labour law hasn't kept pace with the mass migration to home offices, shared dining tables or kitchen counters. While remote work has become a new default, it presents a legal grey zone that could trip up both workers and the companies relying on them. Once a pandemic lifeline, remote and hybrid work are now permanent fixtures of South Africa's employment landscape. Logging in from home might feel like business as usual, but the right to do so can be shaky in legal terms. Meanwhile, employers hoping to drag teams back to the office face legal, ethical and operational complications. 'Remote working is not specifically catered for in [South Africa's] current legislative framework,' says Yvonne Mfeka, director of employment law at Cliffe Dekker Hofmeyr. 'However, the ability to work remotely will be construed as a benefit for purposes of the Labour Relations Act (LRA).' The contract conundrum The Basic Conditions of Employment Act (BCEA) mandates that employers provide written particulars of employment. If your office has shifted to your living room, your paperwork needs to reflect that. 'Updated contracts protect both the employer and employee by clearly outlining expectations, responsibilities and rights in the new working arrangement,' Fatima van Toorn, managing member of FvT HR consulting, explains. Data protection, confidentiality, electricity costs, backup power and even internet expenses should be ironed out in writing. 'There should be clear stipulations about who bears the cost for internet, electricity and equipment needed for remote work,' Van Toorn says. While it may seem like a perk, Van Toorn warns that remote work should always come with a built-in back door: 'Contracts should include provisions about the employer's right to revoke the employee's concession to work remotely and revert to office-based work if necessary.' Productivity gains and losses For some, remote or hybrid work has been a gift of time and efficiency. Van Toorn says that many of their clients have retained remote working or hybrid arrangements since the pandemic, precisely because performance remained strong. 'Remote work has had a positive impact on employees who were accustomed to spending many wasted hours sitting in traffic,' she says. But not every home office is a sanctuary of focus and flow. Freelance copywriter Havana Duancey, who has worked remotely part-time since 2021, offers a more nuanced take. 'Working remotely was conducive to my productivity because it allowed me to work around my studies and choose my own hours,' she points out. 'However, I'm definitely more productive in a group setting […] communication was much more effective in person.' Duancey's experience highlights a common concern: while remote work offers flexibility, it can erode team cohesion and mental health. 'My mental health definitely benefits from a separation between work and rest,' she says, 'so I would sometimes struggle setting boundaries between work and rest time while working from home.' How does this affect you? If you're an employee: Check your contract. If it doesn't mention hybrid or remote arrangements, you may have less protection than you think. If remote work is listed as a benefit, your employer can't yank it without your consent. You still have rights such as rest periods and fair treatment, even if you're working in slippers. If you're an employer: Update contracts and create clear remote work policies. Know that you can require a return to the office, but only if it's fair, lawful and contractually sound. Protect your company by addressing compliance and performance management proactively. The risks of remote Keeping a workforce together that's scattered across suburbs, cities or provinces is a puzzle of compliance. 'The Occupational Health and Safety Act requires employers to provide a safe working environment,' Van Toorn says. 'Ensuring home workspaces meet safety standards is challenging to monitor and enforce. Liability for injuries sustained while working from home can become a challenge.' There's also the matter of working hours and overtime. The BCEA regulates these tightly, but enforcing them in a remote context is a different beast. 'Monitoring actual working hours becomes more challenging,' Van Toorn notes. 'The blurring of work-life boundaries can lead to employees working outside of agreed hours, raising questions about compensation and compliance.' Other issues include employment equity — where remote work may disadvantage employees without reliable home setups — and cross-border complications. 'Employees might work from different provinces or even countries,' Van Toorn says, which can create 'complex tax implications and questions about which labour laws apply.' Can they really force you back to the office? Short answer: yes. Long answer: it's complicated. Mfeka confirms that employers could require their employees to return to the office. However, they had to do so fairly and lawfully. 'To the extent that an employer compels an employee to return to the office without reaching an agreement, this would potentially constitute a breach of contract of employment,' Mfeka says. Changing your work location, just like changing your salary or job title, requires consent. Thus, you can't be dragged back into peak-hour traffic without some paperwork and a conversation. DM
