Revisiting the “workplace“ definition: challenges in the era of hybrid and remote work

Abstract

The workplace definition has always been confined to a site where employees' presence is a must so that employers can have control over them. The definition was based on spatial fixed site comprised of bricks and mortar. This spatial focussed definition has been upset by the existence of the digitalization of the working space. The occurrence of the Covid-19 pandemic forced many employers to embark on a remote and hybrid working arrangements. It has also changed the notion of how and where work is to be done. It is therefore vital that the workplace definition must embrace the existence of remote and hybrid work. This research aims at re-examining the concept "workplace" considering the use of remote and hybrid work as well as the implications thereof on employees' health, safety and injury on duty benefits in a labour law perspective. It also highlights the need to make provisions for these work models in the labour law legislative framework. The method of study is the Qualitative approach where primary and secondary legal sources are exposed to content analytic review. There is a need for statutory reform in South Africa to regulate the occupational health and safety and compensation for injuries and diseases of employees working in remote and hybrid arrangement. This study contributes to labour law by presenting the existing gaps, pinpointing the need to include the new patterns of work which are remote and hybrid work in labour legislation framework.