While political parties are pulling out all the stops in a last push to garner votes ahead of the May 29 general election, legal expert Tertius Wessels has highlighted the importance of a politically neutral workplace.
Wessels said while employees have the right to freedom of association, that liberty in the workplace refers to trade unions.
“The onus falls on employers to ensure that employees are aware of rules promoting political neutrality in the workplace. Especially during politically charged times as the one we find ourselves in presently,” he said.
Wessels, legal director at Strata-g Labour Solutions, advised employers to maintain political neutrality to foster a harmonious work environment.
Loopholes in SA labour laws
He said South Africa’s labour laws do not effectively deal with the issue of politics in the workplace.
“In terms of the constitution, employees do have a right to express certain political views. However, we need to appreciate that the workplace, unless it is a political party, is not a space for us to express those political views,” he said.
He said the constitution guarantees freedom of expression. However, this right must be balanced with workplace productivity and harmony.
Wessels, who is an advocate, said political neutrality plays a crucial role in maintaining a safe and cohesive work environment. He said employers and employees are duty-bound to ensure safe working conditions. This under the Occupational Health and Safety Act, which includes the overall wellbeing of employees.
“Employers need to make it clear to employees that we are at the workplace to perform certain duties and responsibilities. To work towards a common interest, which is the interest of the employer.
“We should therefore refrain from any conduct and behaviour that has the potential to be detrimental to the interest of the employer,” said Wessels.
Clear policies, guidelines needed
He said clear and comprehensive policies are important in defining what is acceptable.
“If we do not define specifically what kind of conduct will be allowed and what will not be allowed, employees will have some form of uncertainty. This especially when it comes to politics,” he said.
Wessels said the political expressions of employees on social media cannot be overlooked. He added that social media policies are important in maintaining harmony even in the digital environment.
“We’ve seen instances where employees go on social media while wearing company uniforms. Or while still being affiliated with a particular company, and express their views on a political party. This can cause suppliers, clients, or the public to question if the employer is associated with that political party,” he said.
“This behaviour can adversely affect the employer’s interests. It makes it crucial for companies to establish clear guidelines regarding social media conduct.”
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