Quiet quitting – Here’s what the law says, and how it could affect your employment

The phrase quiet quitting has been on everyone’s lips recently, and involves employees simply staying under the radar, doing no more and no less than their employment contracts require.

Most companies are making plans to help people who are quiet quitting, but you also need to know what the legal implications are, whether you are the employer or the employee.

What exactly is quiet quitting?

Quiet quitting is a new term that refers to employee doing the bare minimum when it comes to their work responsibilities, which can potentially negatively affect their employer.

Reasons could be burnout from being overworked, perceiving saying “no” as having healthy workplace boundaries, or it could just be pure laziness, says Tshepiso Rasetlola, associate in employment law at Cliffe Dekker Hofmeyr.

Whatever the cause, she says, South African employers need to understand the risks attached to quiet quitting and how to manage this phenomenon effectively.

One lingering effect of the pandemic is occupational burnout, which the World Health Organisation (WHO) officially recognised as a medical condition in 2019. Throughout lockdown, many employers saw an increase in productivity and revenue as employees were overly available to work, leaving the boundaries between their work and personal lives blurred.

However, Rasetlola says, as the world returns to some semblance of normality, an increasing number of employees are trying to restore this balance through quiet quitting. Employees who become disengaged from their jobs, however, need to understand how it can affect their careers in the long term. 

“Being seen as someone who is disconnected from their responsibilities, work culture, or teammates does not leave a good impression, but employers must also be aware of the signs of bad management, which could easily be the cause of an employee shutting down, as one possible reason could be that employees are not managed efficiently, leaving them feeling overworked and stressed, or underworked and bored.”

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Bad management and quiet quitting

Findings in a recent report in Harvard Business Review indicate that quiet quitting is usually less about an employee’s willingness to work harder and more about a manager’s ability to manage the employee’s workload.

“The success of a business depends heavily on the effectiveness of its managers. Bad managers will fail to create trust and respect among their team members and a lack of appreciation may have a knock-on effect on the company’s revenue and productivity,” Rasetlola says.

Employers must have mechanisms and systems in place to keep track of how managers are running their teams. Rasetlola says there are two types of bad management characteristics.

“The is first micro-managing. When most people worked from home during the early stages of the pandemic, many employees felt that they had more autonomy over their work responsibilities, while productivity and motivation actually increased.”

Now, as the workforce slowly heads back to the office, either on a full-time or hybrid basis, this paradigm shift to a feeling that their way of working is under renewed scrutiny could result in resentment.

The second characteristic is that of an arrogant manager, says Rasetlola.

“These types do not take well to any feedback, and their way is generally the only way, which can lead to employees feeling undervalued and that they have little to no say.”

As a result of rising burnout or discontentment coupled with poor management, an employee who was previously invested in the company culture, might become disinterested and withdrawn and it is important to remember that a former high-performing employee who has shut down could become costly considering productivity and turnover.

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What to do with a burned-out employee

When employees become less engaged in their role, they also see less room for growth and are subsequently less interested in their company. Rasetlola says employers must therefore ensure that effective communication channels are in place.

Managers must be able to see if an employee is unhappy, unwell, or feeling over- or underutilised.

“To deal with an employee who is burnt out, the employer must be clear about what they can offer to assist with the employee’s specific challenges and determine whether they need to improve the work environment.”

Covid had an impact on people’s families, finances, and all other aspects of their lives and, therefore, we must check in on employees from time to time and be willing to assist or guide the employee inside and outside of work, says Rasetlola.

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The effect of quiet quitting on your position or future job prospects

When an employee stays with a company for a long time, the employer will look at various aspects of the employee’s track record, such as how they manage their work responsibilities, engage with the work environment and interact with clients, peers and other stakeholders.

Employers are generally willing to develop people who are interested and engaged in their workplace.

They might consider you for additional opportunities such as studies, mentorship, or promotion, which could benefit you both personally as well as professionally.

“However, quietly quitting could jeopardise this by limiting your growth, development and opportunities in the workplace,” says Rasetlola.

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The legal implications of quiet quitting

“There is no law that says that you can be dismissed if you quietly quit, but you must still maintain a certain standard of performance,” says Rasetlola.

An employee is required to perform in line with their contract of employment.

“Not following reasonable instructions, for instance, could give the employer grounds for dismissal. Company policies and procedures may give the employer some form of recourse in dealing with an employee who quietly quits. If you do not do what is expected of you in your duties, you will be potentially viewed as replaceable, which could put your job in jeopardy.”