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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL No, 9630

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

EXPLANATORY NOTE

More and more employers have expanded the traditional mode of on-site work to the
adoption of flexible working arrangements such as the compressed workweek and
telecommuting, among others. Institutionalizing new and alternative modes of
working made possible through the use of modern technology is very timely in light
of the worsening traffic situation in Metro Manila and the increasingly unpredictable
weather.

The hours spent by Filipinos in traffic jams, both in going to work and and in going
back to their families, have an undeniable negative effect on public health, the
environment and the economy. According to a CNN report, a 2012 study by
Washington University in St. Louis noted that long commutes are associated with
higher weight, lower fitness levels, and higher blood pressure—all strong predictors
of heart disease, diabetes, and some types of cancer. The study notes that being
exposed to the daily hassles of traffic can lead to higher chronic stress that makes
people vulnerable to other diseases and depression.' On the other hand, a study
conducted by the Japan International Coordination Agency (JICA) foresees the traffic
costs in Manila to increase to P6 billion a day by 2030 from P2.4 billion per day in
2015.

This measure therefore seeks to institutionalize telecommuting or working through
partial or total substitution of computers or telecommunication technologies, or both

for commute to work by employees.

This measure does not seek to change employment status; it provides a new work
arrangement that companies could engage. It has no effect in reclassifying an
employee from regular to casual or contractual, or vice versa. Instead, the employers
must ensure that telecommuting employees receive a fair treatment, considering

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This measure does not seek to change employment status; it provides a new work
arrangement that companies could engage. It has no effect in reclassifying an
employee from regular to casual or contractual, or vice versa. Instead, the employers
must ensure that telecommuting employees receive a fair treatment, considering
workload and performance standards, pay rate, including overtime and night-time
work, and monetary benefits, access to training and career growth opportunities and
collective rights.

Interest in the adoption of a telecommuting work policy is due to various reasons. On
the side of the employer, businesses can cut costs from electricity to office supplies.
Moreover, a results-oriented management technique proved to be effective in
managing employees. On the side of the employees, increase in the effectiveness of
workers is expected. It allows them to manage the boundaries between work and
family better as well as maximize the use freed up time from commuting.

This measure is also projected to benefit employees who have mobility restrictions
such as those with physical disabilities. Telecommuting may arguably offer fuller
employment by increasing the employability of circumstantially marginalized groups
such as work at home parents, the disabled, retirees, and people living in remote
areas.

In view of the foregoing, the immediate passage of the bill, a counterpart measure to
Senate Bill 1363 introduced by Senator Joel Villanueva and Senator Cynthia Villar, is
earnestly sought.

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HOUSE OF REPRESENTATIVES
Qu

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SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL no.0630

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Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

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AN ACT INSTITUTIONALIZING TELECOMMUTING IN THE
WORKPLACE AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the
Republic of the Philippines in Congress assembled:

SECTION 1. Title. This act shall be known as the “Telecommuting Act of 2017”

SECTION 2. Declaration of Policy — It is hereby the policy of the State to affirm
labor as a primary social economic force. To this end, it shall protect the rights of
workers and promote their welfare, especially in light of technological development
that has opened up new and alternative avenues for employees to carry out their
work such as telecommuting and other flexible work arrangements

SECTION 3. Telecommuting Defined — For purposes of this Act, the term
“telecommuting” means the partial or total substitution of computers or
telecommunication technologies, or both for commute to work by employees

SECTION 4. Telecommuting Program - Employers shall be allowed to offer
telecommuting program to its employees upon such terms and conditions as they
may mutually agree. In all cases, the employer shall provide telecommuting
employee with relevant written information in order to adequately apprise him/her of
his/her responsibilities


SECTION 5. Fair treatment - The employer shall ensure that its telecommuting
employees are given the same treatment as that of comparable employees working
at the employer's premises. The employer shall ensure, among others, that
telecommuting employees shall

(a) Receive rate of pay, including overtime and nighttime work, and other similar
Monetary benefits not lower than applicable legislation and collective
agreements;

(b) Have the same or equivalent workload and performance of standards of the
telecommuting employee;

(c) Have the same access to training and career development opportunities as
comparable workers at the employer's premises and are subject to the same
appraisal policies as these workers;

(d) Receive appropriate training targeted at the technical equipment at their
disposal and at the characteristics of this form of work organization; and

(e) Have the same collective rights as workers at the employer's premises and
no obstacles are placed to communicating with workers representatives

The employer shall also ensure that measures are taken to prevent the
telecommuting employee from being isolated from the rest of the working
community in the company, as giving him/her the opportunity to meet with
colleagues on a regular basis and access to company information

SECTION 6. Data Protection — The employer shall be responsible for taking the
appropriate measures with regard to software to ensure the protection of data used
and processed by the telecommuting employee for professional purposes. The
employer shall inform the telecommuting employee of all relevant legislation and
company rules concerning data protection. The telecommuting employee shall
ensure that confidential and proprietary information are protected at all times.

For this purpose, the provision of Data Privacy Act of 2013 shall have suppletory
effect

SECTION 7. Administration —The parties to the telecommuting work arrangements
shall be primarily responsible for its administration. In case of differences in
interpretation, the following guidelines shall be observed:


(b) If there is no grievance mechanism or if this mechanism is inadequate, the
grievance shall be referred to the Regional Office of the Department of Labor
and Employment (DOLE) which has jurisdiction over the workplace for
appropriate conciliation.

(©) To facilitate the resolution of grievances, employers are required to keep and
maintain as part of their records, the documentary requirements proving that
the telecommuting work arrangement was voluntarily adopted.

SECTION 8. Telecommuting Pilot Program - The DOLE shall establish and
maintain a Telecommuting Pilot Program in select industries, which shall last for a
period of not more than three (3) years. The DOLE shall be responsible for
baselining, scoping and profiling research work prior to implementation, regular
quarterly monitoring and evaluation. At the end of the period of the program, the
DOLE shall submit a report to the Congress.

SECTION 9. Implementing Rules - Within 60 days from the effectivity of this Act,
the Department of Labor and Employment shall, in consultation with relevant
stakeholders, issue the appropriate implementing rules and regulations of this Act.

SECTION 10. Separability Clause — if any part or provision of this Act shall be
declared unconstitutional and invalid, such declaration shall not invalidate other parts
thereof which shall remain in full force and effect.

SECTION 11. Repealing Clause — All laws, executive orders, rules and regulations
or any part hereof inconsistent herewith are deemed repealed or modified
accordingly.

SECTION 12. Effectivity - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in at least two (2) newspaper of general
circulation, whichever comes earlier.

Approved,