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After Hours and Out of Line: What South Africans Can Say When Work Crosses the Line
When the phone pings after hours, what’s actually allowed
It’s a quiet evening in Joburg when your phone lights up with a message from your boss. Are you meant to respond? The short answer: sometimes yes, but not always. In South Africa in 2025, the rules on after-hours work requests sit between flexibility and protection.
Under the Basic Conditions of Employment Act (BCEA), if your annual earnings are below R 261 748.45 (the threshold from 1 April 2025), you’re covered by clear limits on hours, overtime, and rest periods. Anyone above that figure, or whose contract says otherwise, relies more on agreement than on strict protection.
If your contract includes on-call duties or emergency response, the odd after-hours message is legitimate. Otherwise, you have the right to set boundaries and decline.
What your boss can ask for after hours
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Genuine emergencies or unexpected crises: When something urgent happens that cannot reasonably wait, and your contract allows for it, your boss can contact you outside normal hours.
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Voluntary overtime: You may be invited to work extra hours, but unless you’ve agreed in writing, you are not obliged.
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Work-related tasks that could not reasonably be delayed: If a deadline or client issue arises unexpectedly, brief after-hours contact can be justified.
Occasional after-hours requests are part of modern work life. They must, however, have a contractual basis or your consent.
What your boss cannot realistically expect after hours
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Constant intrusion on rest periods: If messages come through nightly, you may raise a grievance or dispute about excessive working hours or unreasonable conditions.
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Personal or irrelevant tasks: A boss may not ask for errands unrelated to your role or duties.
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Forced overtime without agreement: For workers below the threshold, overtime must be voluntary and properly compensated.
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Ignoring your rest and family time: The BCEA recognises at least 12 hours daily and 36 hours weekly of rest. While senior staff may be exempt, rest time is still a principle of fairness.
How to say no, without burning the bridge
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Be clear about boundaries: Communicate your usual availability in your contract or during performance reviews.
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Stay polite and professional: Try, “I’m unable to attend to that this evening due to my workload and need for rest. I’ll handle it first thing tomorrow.”
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Suggest solutions: Offer to delegate or postpone the task to business hours.
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Schedule a chat: If late-night requests keep happening, ask for a meeting to reassess expectations.
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Know your standing: The law protects lower-income workers more strictly, but contracts still matter for everyone.
The South African context in 2025
South Africa still does not have a formal “right to disconnect” law, though the concept is gaining traction in legal and HR circles. CCMA and Labour Guide updates emphasise that while the law doesn’t forbid your boss from contacting you, reasonableness and fairness apply. Excessive contact that erodes rest can be challenged through workplace dispute procedures.
The earnings threshold increase in 2025 means more employees now enjoy overtime and rest protections. For those earning above it, the terms of your contract are key. Even then, persistent intrusion into personal time may still justify a discussion or formal complaint.
Work-life balance is under new pressure as hybrid and digital work blur boundaries. Yet your personal time is still your own. Knowing where the law stands helps you assert that politely.
If your boss reaches out after hours, pause and consider whether it’s urgent, whether you’ve agreed to be available, and whether the task can wait. If not, you can decline with confidence and respect. And if the pattern becomes regular, start a constructive conversation.
South Africa’s laws may not yet guarantee the right to switch off, but they do protect reasonable working hours and your right to rest. Boundaries are not rebellion; they’re part of healthy, fair work.
Also read: Job Shadowing in Joburg 2025: Helping Teens Step Into the Real World
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Featured Image: Forbes Africa
