Employers can legally install software to ensure productivity when employees work remotely

Lester Kiewit speaks to Roné Bester, Specialist Legal Advisor: Labour at SERR Synergy.  

With the dawning of remote working, some companies can be concerned that some employees might be slacking off and not being as productive as they should be while on company time. 

Some companies are installing software to prevent the trend of 'presenteeism', where workers create a false impression that they are hard at work.

But how far can an employer go without intruding?

Bester says in terms of the Rica Act, employers 'have a right to intercept' when employees work from home.

This can be done with or without an employee's consent, adds Bester. The latter might be implemented in extreme cases where employers believe that an employee is not performing at all during working hours.

This 'consent' can be adhered to when employees sign contracts when joining the company. 

This form of surveillance should be fair, reasonable and the employee should be informed, notes Bester.

"In the end, it's a balance, is it fair and reasonable for the employer to need to do this type of surveillance which might usually only be triggered when the employee is not being productive or performing as they should? Then this type of surveillance can be implemented as a strategy to help improve their performance at work."

- Roné Bester, Specialist Legal Advisor: Labour at SERR Synergy.  

Scroll up to the audio player to listen to the full conversation.