Can South African workplaces ban Valentine's Day gifts from loved ones?

We are just a few hours away from Valentine's Day and South Africans may be thinking about what they will be sending their loved ones to show them love. 

While people may be expecting gifts, the question of whether workplaces will ban employees from getting gifts from their loved ones on Valentine's Day may also arise.

This is after a memo was circulating on Facebook stating that no Valentine's Day gifts are allowed within the premises of a company.

Well, can workplaces place restrictions that no Valentine's Day gifts are allowed on the premises?

The answer is technically yes, according to Nicol Myburgh, head HR Business Unit at CRS.

Myburgh said that the workplace can limit what is allowed on their premise, although this is a really strange thing to block.

"Ultimately the workplace can decide on what is and is not allowed at the workplace, personal items that are not work related delivered to the company’s premises may be blocked," Myburgh said. 

What happens if you don't comply with the rules?

Those who are expecting a gift should not worry if their spouse sends them a bouquet of red roses or a box of chocolates on Valentine's Day.

According to Myburgh, if your spouse sends you something at work the company can block it but they can’t take any action against the employee because it wasn’t an action taken by the employee.

"The company has no authority over the employee’s spouse’s actions," Myburgh said. 

"Even if the employee sent something to themselves the company will be limited in the actions they choose to take, any action taken must be fair and questions like what the operational impact of a contravention is and whether the rule is reasonable needs to be taken into account."

Gift giving between colleagues

Myburgh said that at the workplace they can impose limits on what is allowed to be brought onto the premises but not outside of the workplace in general.

What needs to be taken into account is whether the gifts are welcomed, or could there be potential harassment, the purpose of the gift could also be to gain some favour or advantage in the workplace, which could constitute bribery.

"These situations could be actionable but as a standard practice gifts are acceptable," Myburgh said. 

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