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Remote Work Agreement

R449

Create a clear remote work agreement that records where the employee may work, working hours, equipment, expenses, data security, confidentiality, health and safety duties, performance expectations, monitoring rules, and when remote work may be changed or withdrawn.

A Remote Work Agreement is used where an employee is permitted to work from home or another approved location on a full-time, hybrid, temporary, or flexible basis. It may be used as a standalone agreement or as an addendum to an existing employment contract. The agreement should clearly regulate the approved work location, working hours, communication expectations, performance standards, equipment, expenses, confidentiality, data protection, occupational health and safety, monitoring, attendance at the workplace, and the employer’s right to review, vary, suspend, or withdraw the arrangement.

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South African legal context (2026 checklist)

Remote work does not remove the employment relationship or the employee’s statutory rights and duties. The employer must still comply with working-time rules, remuneration obligations, leave, records, unfair dismissal protections, and occupational health and safety obligations as far as reasonably practicable. The employee must still comply with workplace policies, confidentiality, performance standards, lawful instructions, cybersecurity rules, and health and safety duties. Because remote work may affect a term and condition of employment, employers should avoid imposing or withdrawing remote work arrangements without a proper contractual, policy, or consultation basis. Where monitoring tools are used, the agreement should balance business needs with privacy, POPIA, and fair workplace practice.

  • Basic Conditions of Employment Act 75 of 1997
  • Section 9: Ordinary hours of work
  • Section 10: Overtime
  • Section 14: Meal intervals
  • Section 15: Daily and weekly rest periods
  • Section 29: Written particulars of employment
  • Section 31: Keeping of records
  • Section 32: Payment of remuneration
  • Section 33: Information about remuneration
  • Section 34: Deductions and other acts concerning remuneration
  • Labour Relations Act 66 of 1995
  • Section 185: Right not to be unfairly dismissed or subjected to unfair labour practice
  • Section 186: Meaning of dismissal and unfair labour practice
  • Section 188: Fair dismissal requirements
  • Section 200A: Presumption as to who is an employee, where status is disputed
  • Occupational Health and Safety Act 85 of 1993
  • Section 8: General duties of employers to employees
  • Section 14: General duties of employees at work
  • Compensation for Occupational Injuries and Diseases Act 130 of 1993, where work-related injury or disease occurs while working remotely
  • Protection of Personal Information Act 4 of 2013
  • Section 19: Security measures on integrity and confidentiality of personal information
  • Section 20: Information processed by operator or person acting under authority
  • Section 21: Security measures regarding information processed by operator
  • Section 22: Notification of security compromises
  • Electronic Communications and Transactions Act 25 of 2002
  • Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002, where workplace communications or system monitoring is relevant
  • Employment Equity Act 55 of 1998, where remote work affects reasonable accommodation, equality, or workplace policy
  • National Minimum Wage Act 9 of 2018
  • Protection from Harassment Act 17 of 2011, where online or remote workplace harassment is relevant
  • Code of Good Practice: Dismissal, 2025
  • Code of Good Practice on the Regulation of Working Time
  • Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace

Use this as a starting point only. Verify current gazetted amendments, tribunal rules, and SARS / DOL circulars that may apply to your matter.

Typical questions we'll walk you through

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What is the employer’s full legal name and address?
What is the employer’s full legal name and address?
What is the employee’s full name, position, department, and employee number?
What is the employee’s full name, position, department, and employee number?
Is the remote work arrangement permanent, hybrid, temporary, flexible, or trial-based?
Is the remote work arrangement permanent, hybrid, temporary, flexible, or trial-based?
What is the approved remote work location?
What is the approved remote work location?
May the employee work from another city, province, country, coffee shop, co-working space, or only from home?
May the employee work from another city, province, country, coffee shop, co-working space, or only from home?
On which days must the employee work remotely and on which days must they attend the workplace?
On which days must the employee work remotely and on which days must they attend the workplace?
What ordinary working hours will apply?
What ordinary working hours will apply?
Must the employee be available during core business hours?
Must the employee be available during core business hours?
How will attendance, availability, breaks, overtime, standby, and after-hours work be managed?
How will attendance, availability, breaks, overtime, standby, and after-hours work be managed?
What equipment will the employer provide, such as a laptop, phone, monitor, data, chair, software, or access credentials?
What equipment will the employer provide, such as a laptop, phone, monitor, data, chair, software, or access credentials?
What equipment, internet, electricity, workspace, or security must the employee provide?
What equipment, internet, electricity, workspace, or security must the employee provide?
Will the employer reimburse data, internet, electricity, travel, office furniture, or other expenses?
Will the employer reimburse data, internet, electricity, travel, office furniture, or other expenses?
What cybersecurity rules must the employee follow?
What cybersecurity rules must the employee follow?
May the employee use personal devices for work?
May the employee use personal devices for work?
Must the employee use VPN, password protection, multi-factor authentication, encryption, or secure storage?
Must the employee use VPN, password protection, multi-factor authentication, encryption, or secure storage?
How must confidential information, client records, files, and personal information be stored or destroyed?
How must confidential information, client records, files, and personal information be stored or destroyed?
Will the employee process personal information while working remotely?
Will the employee process personal information while working remotely?
What health and safety requirements must the employee meet at the remote workspace?
What health and safety requirements must the employee meet at the remote workspace?
Must the employee report work-related injuries, incidents, cyber incidents, data breaches, or equipment loss immediately?
Must the employee report work-related injuries, incidents, cyber incidents, data breaches, or equipment loss immediately?
May the employer inspect or assess the remote workspace, subject to reasonable notice and privacy?
May the employer inspect or assess the remote workspace, subject to reasonable notice and privacy?
What performance standards, deliverables, reporting requirements, and communication channels apply?
What performance standards, deliverables, reporting requirements, and communication channels apply?
Will the employer monitor work devices, email, systems, productivity tools, or network access?
Will the employer monitor work devices, email, systems, productivity tools, or network access?
What privacy limits and notification rules apply to monitoring?
What privacy limits and notification rules apply to monitoring?
May the employee care for children, run personal errands, or conduct outside business during working hours?
May the employee care for children, run personal errands, or conduct outside business during working hours?
Must the employee attend meetings, training, disciplinary hearings, or client appointments in person when required?
Must the employee attend meetings, training, disciplinary hearings, or client appointments in person when required?
Can remote work be suspended, varied, or withdrawn?
Can remote work be suspended, varied, or withdrawn?
What notice period applies before changing or ending the remote work arrangement?
What notice period applies before changing or ending the remote work arrangement?
What happens to employer property when the arrangement ends?
What happens to employer property when the arrangement ends?
Who is authorised to sign the agreement on behalf of the employer?
Who is authorised to sign the agreement on behalf of the employer?

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