NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SENATE
S.B. No. 414
of ti)C :f.A.'.c«an>
72 JUL12 P4 54
RECEiV.DS'':
Introduced by SENATOR IMEE R. MARCOS
AN ACT STRENGTHENING REPUBLIC ACT NO. 11165, OTHERWISE KNOWN 
AS THE "TELECOMMUTING ACT", AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Article II, Section 15 of thel987 Constitution provides that uthe State shall 
protect and promote the right to health of the people and Instill health consciousness 
among them."
The Corona Virus 19 (COVID-19) pandemic has changed the landscape in which 
work was being conducted. As we transition from a pandemic to an endemic, a new 
normal"of social distancing, hygiene standards and limited physical contact shall prevail 
into the future, given the expectation of new and novel disease outbreaks.
Various sectors, including the labor sector, have to make major modifications in 
their policy to ensure compliance and adaptability with social distancing measures. This 
bill thus seeks to strengthen the telecommuting law by making it mandatory, and not 
merely optional, for employers to offer telecommuting as an alternative to its 
employees whose physical presence in the workplace is not absolutely essential to the 
performance of their functions.
For the foregoing reasons, the passage of this bill is earnestly sought.
IMEER. MA^OS


NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SENATE
S.B. No. 414
of ii; f'. • 7r*rr
'22 JUL 12 P4 54
RtCElMD 3V;
Introduced by SENATOR IMEE R. MARCOS
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AN ACT STRENGTHENING REPUBLIC ACT NO. 11165, OTHERWISE KNOWN 
AS THE "TELECOMMUTING ACT", AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled:
SECTION 1. Section 3 of Republic Act No. 11165 is hereby annended to read as
follows:
"Section 3. Telecommuting Defined. - As used in this Act, the 
term "telecommuting" refers to a work ARRANGEMENT THAT 
ALLOWS AN EMPLOYEE IN THE PRIVATE SECTOR TO 
WORK from an alternative workplace with the use of 
telecommunications and/or computer technologies."
SEC. 2. Section 4 of Republic Act No. 11165 is hereby amended to read as
follows:
"Section 4. Telecommuting Program. - An employer in THE 
private sector [may] SHALL offer a telecommuting program to its 
employees WHOSE PHYSICAL PRESENCE IN THE 
WORKPLACE IS NOT NECESSARY FOR THE COMPLETION 
OF HIS/HER JOB [on a voluntary bases], and upon such terms 
and conditions as they may mutually agree upon: Provided, That 
such terms and conditions shall not be less than the minimum 
labor standards set by law, and shall include compensable work 
hours, minimum number of work hours, overtime, rest days, and


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entitlement to leave benefits. In all cases, the employer shall 
provide the telecommuting employee with relevant written 
information in order to adeguately apprise the individual of the 
terms and conditions of the telecommuting program, and the 
responsibilities of employee. PROVIDED, FURTHER THAT,
SHOULD THE PHYSICAL PRESENCE OF THE EMPLOYEE BE 
NECESSARY FOR A PARTICULAR TASK, THE EMPLOYER MAY 
REQUIRE HIS/HER ATTENDANCE IN THE WORKPLACE,
WITHIN OFFICE HOURS AND DURING WEEKDAYS.
A CONTRACT OF EMPLOYMENT SHALL CLEARLY INDICATE 
THE ELIGIBITY OF A GIVEN POSITION FOR 
TELECOMMUTING."
SEC. 3. Transitory Provision. - Within one (1) year from the effectivity of this 
Act, all employers in the private sector shall submit their assessment on the feasibility 
of telecommuting in their respective businesses.
SEC. 4. Separability Clause. - If for any reason any part or provision of this Act 
shall be deemed unconstitutional or invalid, the other sections or provisions hereof shall 
not be affected and shall remain in force and effect.
SEC. 5. Repealing Clause. - All laws, executive orders, presidential decrees, 
presidential proclamations, letters of Instruction, rues and regulations or parts thereof 
which are inconsistent with the provisions of this Act are hereby repealed or modified 
accordingly.
SEC. 6. Effectivity. - This Act shall take effect fifteen (15) days after Its 
publication in the Official Gazette or In a newspaper of general circulation.
Approved,