In South Africa, employees have strong legal protection when it comes to changes in their working conditions. As a business owner, it’s important to be cautious and respectful of these rights when trying to introduce new changes, especially those driven by technology. Two key laws that guide this are the Labour Relations Act (LRA) and the Basic Conditions of Employment Act (BCEA).
1. What are conditions of employment?
Conditions of employment are the “agreed duties, rules and benefits” which are usually outlined in the employee’s contract or in company policies and procedures. These cover things like:
- What kind of work the employee does
- Where they work
- Their working hours
- Their salary or wages
- Leave entitlements
- Job duties
- Workplace rules and policies
- Benefits
- How their employment can be terminated
- Dress codes, and more.
As an employer, you can’t just change these conditions on your own without the employee agreeing. If you need to make adjustments—whether to hours, job duties, salary, or location—you need their consent. If you push changes through without discussing them, the employee has the right to refuse and can even take the matter to the CCMA (Commission for Conciliation, Mediation, and Arbitration).
2. What happens if employees refuse changes?
If an employee refuses to accept a change, you can’t punish or fire them for it. Section 64 of the LRA allows employees to take action against changes they didn’t agree to, and in some cases, they may even go on strike. The law encourages employers and employees to talk things through and come to an agreement. Unions can also be involved in these discussions if necessary.
3. What does it mean to “consult with employees”?
Consulting with employees means having an open conversation about why changes are needed. You explain the situation, listen to their feedback or suggestions, and try to find a solution that works for both sides.
4. What if the business has no choice but to implement the change?
Sometimes, changes are unavoidable, especially if they are driven by new technology or economic reasons. Even in these cases, employers must still follow a fair process and show that the changes are necessary to keep the business running or growing.
If the business follows all the rules and proves that these changes are essential for its survival, employees who refuse to accept the new conditions could be dismissed through a retrenchment process.
Conclusion
In short, South African labour law gives employees strong protection when it comes to changes in their working conditions. However, if technology or other business needs make changes unavoidable, employers can make these changes, provided they follow a fair process and have a good reason for doing so. Employers are encouraged to engage reputable labour law advisors when difficult situations arise.