Work and WhatsApp
13 May 2022
We all loved WhatsApp when it first arrived; convenient and cheap messaging was here and it was here to stay.
But then employers started using it and, all of a sudden, we were dealing with unread messages, muting groups and fearing a WhatsApp message from a particular work colleague.
So, do you as an employee or do you as an employer need to be careful with how you use WhatsApp? Simply put, yes!
The Basic Conditions of Employment Act 75 of 1997, as amended (“BCEA”)
The BCEA states that an employee may not work longer than 45 hours a week. And that an employee is entitled to a daily rest period of 12 consecutive hours and a weekly rest period of 36 hours, which includes Sunday.
Does this include not having to respond or be messaged during your non-working hours or days? It seems the answer is yes. An employee should not be expected to be available 24 hours a day to an employer and employers should not feel free to contact employees whenever they want.
But we all know emergencies do emerge and sometimes communicating on WhatsApp can ease the situation very quickly. So, using WhatsApp messaging for work does have some perks.
Cybercrimes Act 19 of 2020 (“Cybercrimes Act”)
The Cybercrimes Act creates offences for threats to people, categories of people and property through data messaging. This also includes sending personal work data to people outside of work through WhatsApp.
You need to be mindful of the content you share on your WhatsApp groups. One innocent joke can lead to a whole lot of legal issues. So be mindful of what you are sharing and with whom you are sharing this information.
Conclusion
In conclusion, keep your messaging legally clean and relevant and try your best to keep your work-related messaging during work hours.
Contact an attorney at SchoemanLaw Inc for your legal needs. Visit our website at www.schoemanlaw.co.za.
Written by Kavita Kooverjee, Senior Professional Assistant at Schoemanlaw Inc.
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(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/s or the relevant provider.)