Author: Mveliso Lawula
Using cell phones during working hours has become the easiest way of communicating and sharing work-related news, updates and instructions. However, some employees tend to take advantage of this and end up making excessive phone calls, leading to poor work performance or worst case, even compromising the health and safety of co-workers.
Over the past few years, the nature of work has evolved drastically due to the introduction of technologies like cell phones, making it impossible for employers to limit their use in the workplace. However, most companies lack proper internal rules and procedures governing the use of cell phones during working hours, even though all employees actively use their personal cell phones during this time.
In terms of the legislation regarding the use of cell phones during work times, the Basic Conditions of Employment Act (BCEA) 75 of 1997 does not explicitly address the use of cell phones, meaning there are no specific regulations regarding employee cell phone usage within the Act itself. However, employers can still implement policies regarding cell phone usage within the workplace, by outlining these in the
employee’s contract, ensuring fair and reasonable application to all employees. On the other hand, while the South African Health and Safety Act does not clearly address cell phone usage during working hours, it does contain provisions regarding workplace distractions and potential hazards that can be applied to excessive cell phone use, allowing companies to implement policies restricting personal phone usage when it could compromise on the job safety.
In a nutshell, this compels organisations to develop their own cell phone policy that clearly outlines all the necessary rules and processes to be taken into account by cell phone users, either for work purposes or for private use during working hours. When developing these policies, it is essential to keep the following in mind:
- Contractual inclusion: Employers can include specific cell phone usage guidelines within an employee’s contract, making them part of the employment terms.
- Reasonable policies: Any cell phone usage policy should be fair and applied consistently across the workforce.
- Work-related usage: If the company is providing its staff with cell phones, it must specify whether it is strictly for work use only or if personal use is allowed with limitations.
- Personal usage restrictions: If allowing personal cell phone use, clearly outline when and where personal calls or texts are permitted (for example during lunch or teatime).
- Data usage: If employees use their personal phones for work-related data, establish guidelines regarding data allowances and reimbursement.
- Emergency situations: An employer must clearly define circumstances where personal cell phone use is allowed for work emergencies.
In addition, keep in mind that policies and procedures must be discussed in detail with all stakeholders, to avoid any future misunderstandings.
If you are struggling to develop, implement and ensure all workplace polices relating to the use of cell phones are in place, please contact us at HRTorQue. We will gladly assist!