Can an Employer Refuse an Employee’s Request to Work Remotely?

As hybrid and remote work arrangements become more common, employers are increasingly faced with employee requests to work from home — either permanently or on a hybrid basis, but is an employer legally obliged to agree?

The short answer is: No — unless there is a contractual, policy-based, or statutory obligation to do so.

1. Is There a Right to Work Remotely?

In South African law, there is currently no automatic right to work from home. Unless remote work is:

• Expressly provided for in the employment contract;
• Incorporated into a workplace policy; or
• Agreed through collective bargaining,

An employer retains the prerogative to determine the employee’s place of work. The principle of managerial prerogative allows employers to regulate operational requirements, including where and how work is performed.

2. What If the Employee Has Been Working Remotely for a Long Time?

This is where it becomes nuanced.

If an employee has been permitted to work remotely for an extended period — particularly without a written temporary arrangement — the employee may argue that the practice has become a term and condition of employment through conduct.

In such circumstances, forcing a return to the office without consultation could give rise to disputes relating to:

• Unilateral change to terms and conditions of employment;
• Unfair labour practice claims; or
• Constructive dismissal (in extreme cases).

Each case will depend on the facts, including:

• How long the arrangement existed;
• Whether it was clearly communicated as temporary;
• Whether the employer reserved the right to withdraw the arrangement.

3. What About Medical or Family Responsibilities?

Employers must be particularly cautious where remote work requests are linked to:

• Medical conditions;
• Disability;
• Pregnancy; or
• Family responsibilities.

In terms of the Employment Equity Act, employers have a duty to reasonably accommodate employees with disabilities. Refusing a remote work arrangement that constitutes a reasonable accommodation may constitute unfair discrimination.

Similarly, rigid refusal without proper consideration may expose the employer to disputes at the CCMA.

4. Best Practice for Employers

If an employer wishes to decline a remote work request, the following approach is recommended:

• Engage in consultation with the employee;
• Consider operational requirements objectively;
• Assess whether partial or hybrid arrangements are feasible;
• Record reasons for the decision in writing.

Where remote work has been permitted, employers should ensure that agreements clearly state:

• Whether the arrangement is temporary or permanent;
• That the employer reserves the right to review or withdraw the arrangement;
• Performance expectations and monitoring measures.

5. The Risk of Blanket Policies

A blanket rule requiring all employees to return to the office, without consideration of individual circumstances, may be legally risky. Fairness and reasonableness remain central principles in South African labour law.

Final Thought

Remote work is not a legal entitlement — but neither is it a simple management decision without potential consequences. Employers should approach these requests with a balance of operational practicality and legal caution.

If you are unsure whether your organisation’s remote work practices expose you to risk, feel free to contact SA Labour Help today.

Off the desk of

Angelique Hefer