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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILLNO._1529

Introduced by Representative Roman T. Romulo

AN ACT
TO REQUIRE EACH AGENCY OF THE GOVERNMENT TO ESTABLISH AND
IMPLEMENT A POLICY UNDER WHICH EMPLOYEES SHALL BE
AUTHORIZED TO TELECOMMUTE, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

In recent years, technology has advanced to the point that historically inefficient
procedures have become efficient and successful. These technological breakthroughs
have made the world smaller in numerous ways. It is now possible to connect with
people, loved ones and coworkers alike, with the simple touch of a virtual button, thanks
to numerous improvements in information and communications technology and
networking. People can now collaborate and contribute from the comfort of their own
homes or other locations other than the traditional workplace. It's critical to be open to
changes or developments in the traditional workplace, especially when the situation calls
for it.

Telecommuting is a work arrangement in which employees are not required to
work from a central location. This flexible work arrangement has once been perceived
as inconvenient, from the standpoint of management, where the usual manner of
measuring one's productivity is the hours spent in the workplace, as well as the
workers whose resources are located in the workplace. It used to be effective only in
certain industries, where the nature of the work allowed such an arrangement.
However, as previously stated, we are now faced with the fact that the true measure of a
person's productivity is the output produced rather than the hours spent at work.

In fact, these ratiocinations can be gleaned from Republic Act No. 1165, or the
Telecommuting Act, signed into law by President Rodrigo R. Duterte on December 20,
2018. This is a legislative and executive fiat which places its approval on such an
arrangement for employees in the private sector. It provides the employers the



option to offer a telecommuting program (work from home arrangement) to their
employees voluntarily or as a result of a Collective Bargaining Agreement. Among
others, it provides that the particular terms and conditions will be agreed upon by
both parties and in any case shall not be less than the minimum standards set by law.

Currently, there is no law which provides for Telecommuting in the public
sector. We are here precisely to address and fill that void. Section 3 of Article XIll of
the Constitution states that "The State shall afford full protection to labor, local, and
overseas, organized and unorganized, and promote full employment and equality of
employment opportunities for all." This is the guiding principle by which we assess the
developments in technology and recognize that alternative arrangements, such as
this, are not only possible but can be effective in many industries, including the public
sector. Protection to labor includes the well-being of our workforce. There is no
reason to not legislate and allow a practice which protects our people while
maintaining or reinvigorating their productivity.

There is no need for further elaboration on the necessity of this legislation in
the context of the current COVID-19 crisis. Our workers will be able to sustain their
livelihood and contribute their productivity while maintaining their safety. Through
this measure, telecommuting will be institutionalized with the proper measures to
ensure that the protocols observed in the status quo can be complied with in terms
of security and quality.

In view of the foregoing, the approval of this measure is earnestly sought.

RRS

ROMAN T. ROMULO
Lone District, Pasig City



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _1529

Introduced by Representative Roman T. Romulo

AN ACT
TO REQUIRE EACH AGENCY OF THE GOVERNMENT TO ESTABLISH AND
IMPLEMENT A POLICY UNDER WHICH EMPLOYEES SHALL BE
AUTHORIZED TO TELECOMMUTE, AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. -This Act shall be known as the "Telecommute Act for the Public
Sector."

SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to innovate on
certain work practices and promote flexible work options especially in times of local and
national emergency. As such, under this Act, each government agency shall be required to
establish telecommuting as a viable work option and for such purpose, implement policies
under which employees of different government agencies shall be authorized to
telecommute.

SEC. 3. Definitions. - For purposes of this Act:

(a) Employee refers to any such person currently employed in any government
agency.

(b) Government Agency refers to any of the various units of the Government,
including @ department, bureau, office, instrumentality, or government-owned or
controlled corporations, or a local government or a distinct unit therein.

(c) Telecommute refers to a work flexibility arrangement under which an
employee performs the duties and responsibilities of such employee's position,
and other authorized activities, from an approved worksite other than the location
from which the employee would otherwise work. This shall include work from
home.


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SEC. 4. Government Agencies Telecommuting Requirement -

A) Telecommuting Policy

1) Not later than 180 days after the date of enactment of this Act, each
government agency shall establish a policy under which eligible employees of the
government agency may be authorized to telecommute. The government agency
shall determine the eligibility for all employees to participate in telecommuting
and notify the employees of their eligibility to telecommute.

2) An employee may not telecommute under a policy established under
this Act if the employee has been officially disciplined for being absent without
ion for more than 5 days in any calendar year or the employee has been
officially disciplined for violations of RA. No. 6713 also known as the "Code of
Conduct and Ethical Standards for Public Officials and Employees.”

B) The policy described under subsection (A) shall

11) ensure that telecommuting does not diminish employee performance or
agency operations;

2) require a written agreement that

a) is entered into between the government agency and an
employee authorized to telecommute, that outlines the specific
work arrangement that is agreed to; and

b) is mandatory in order for any employee to participate in
telecommuting;

3) provide that the agreement for the employee to telecommute shall be
terminated upon notice to the employee if the performance of that
employee does not comply with the terms of the written agreement
between the government agency and that employee;

4) not apply to any employee of the department whose official duties
require to be at work on a daily basis, such as direct handling of secure
materials determined to be inappropriate for telecommuting by the agency
head, or on-site activity that cannot be handled remotely or at an alternate
worksite, except in emergency situations as may be determined by the
government agency; and

5) be incorporated as part of the continuity of operations plans of the
agency in the event of an emergency.



SEC. 5. Training and Monitoring. -

A) Each government agency shall ensure that an interactive telecommute training
program is provided to employees eligible to participate in the telecommute program of
the agency and to all managers of telecommuters. Except as provided under subsection
(B), an employee must have successfully completed the interactive telecommute training
program before said employee enters into a written agreement to telecommute described
under section 4(8)(2).

All telecommuters and non-telecommuters shall be treated the same for purposes
of periodic appraisals of job performance, training, rewarding, reassigning, promoting and
removing employees, providing work requirements or other acts involving managerial
discretion.

When determining what constitutes diminished employee performance, the
agency shall consult the guidelines as provided for by the Strategic Performance
Management System (SPMS) of the Civil Service Commission.

8) Each government agency may provide for an exemption from the training
requirements under subsection (A), if the head of that department determines that the
training would be unnecessary because the employee is already telecommuting under a
work arrangement in effect before the date of enactment of this Act.

SEC. 6. Guidelines on Purchasing Computer Systems. - Not later than 120 days after the
enactment of this Act, each government agency shall issue department guidelines
requiring the purchase of computer systems that enable and support telecommuting,

unless the head of the agency determines that there is a mission- specific reason not to do
so.

SEC. 7. Telecommute Website. - The Department of Information and Communications
Technology (DICT) shall maintain a central telecommute website which shall include
telecommute links, announcements, telecommute guidelines developed by the Civil
Service Commission and other related websites

SEC. 8. Telecommute Managing Officer. -

A) DesignationThe head of each government agency shall appoint a
Telecommute Managing Officer. The Telecommute Managing Office shall be established
within the human resource department or a comparable department with similar

functions.

B) Duties.-The Telecommute Managing Offi

r shall.

1) be devoted to policy development and implementation related to
agency telecommute programs;

2) serve as-



a) an advisor for agency leadership, including the head of the
human resource department or a comparable department with
similar functions;

b) aresource for telecommuting managers and employees; and

c) a primary agency point of contact for the Civil Service
Commission and the DICT on telecommute matters; and

3) perform other duties as the applicable delegating authority may assign.

C) Status within agency.-The Telecommute Managing Officer of a government
agency shall be a senior official of the agency who has direct access to the head of
the agency.

SEC. 9. Reports.-

A) Reports by the Civil Service Commission.

1)

Submission of reports.-Not later than 18 months after the date of

enactment of this Act and on an annual basis thereafter, the Chairman of the
Civil Service Commission, in consultation with the human resource offices of
each government agency shall -

a) submit a report addressing the telecommute programs of each
government agency to:

i) the Committee on Civil Service and Government and
Reorganization of the Senate; and

ii) the Committee on Civil Service and Professional
Regulation of the House of Representatives; and

b) transmit a copy of the report to the Department of Budget and
Management

Contents.-Each report submitted under this subsection shall include:
a) the degree of participation by employees of each government agency
in telecommuting during the period covered by the report and the degree
of participation in each bureau, division, or other major administrative
unit of that agency, including
i) the total number of employees in the agency;

ji) thenumber and percent of employees in the agency who are

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eligible to telecommute; and

iii) the number and percent of eligible employees in the agency
who are telecommuting

|) 30rmore days per pay period;
ll) Lor 2days per pay period;
II) once per month; and

\V)  onanoccasional, episodic, or
short-term basis;

b) the method for gathering telecommute data in each agency;

c) if the total number of employees telecommuting is 10 percent
higher or lower than the previous year in any agency, the reasons for the
positive or negative variation;

d) the agency goal for increasing participation to the extent practicable
or necessary for the next reporting period, as indicated by the percent of
eligible employees telecommuting in each frequency category described
under subparagraph (A)(2)(ii);

e) an explanation of whether the agency met the goals for the last
reporting period and, if not, what actions are being taken to identify and
eliminate barriers to maximizing telecommute opportunities for the next
reporting period;

f) an assessment of the progress each agency has made in meeting
agency participation rate goals during the reporting period, and other
agency goals relating to telecommute, such as the impact of telecommute
on.

i) emergency readiness;

ii) energy use;

ili) recruitment and retention;

iv) performance;

v) productivity; and

vi) employee attitudes and opinions regarding telecommuting; and
vii) the best practices in agency telecommute programs.

B) Chief Human Resource Officer Reports.

1) In general.-Each year the chief human resource officer of each
government agency, in consultation with the Telecommuting Managing



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Officer of that agency shall submit a report to the Civil Service Commission
‘on agency management efforts to promote telecommuting.

SEC. 10. Implementing Rules and Regulations.

A) Agency Consultation with the Civil Service Commission.-Each government
agency shall consult with the Civil Service Commission in developing telecommute
policies.

B) Guidance and Consultation.-The Civil Service Commission shall

C)

1) provide policy and policy guidance for telecommuting in the areas of pay
and leave, agency closure, performance management, official worksite,
recruitment and retention, and accommodations for employees with
disabilities; and

2) assist each agency in establishing appropriate qualitative and
quantitative measures and telecommuting goals.

Telecommute Security Guidelines.-

1) In general.-The Secretary of the Department of Information and
Communications Technology, shall issue guidelines not later than 180 days
after the enactment of this Act to ensure the adequacy of information and
security protections for information and information systems used while
telecommuting.

2) Contents.-Guidelines issued under this subsection shall, at a
minimum, include requirements necessary to-

a) control access to agency information and information systems;

b) protect agency information (including personally identifiable
information) and information systems;

c) limit the introduction of vulnerabilities;

d) protect information systems not under the control of the
agency that are used for telecommuting;

e) safeguard wireless and other telecommunications capabilities
that are used for telecommuting; and

f) prevent inappropriate use of official time or resources that
violates the Code of Conduct and Ethical Standards for Public
Officials and Employees.


SEC. 11. Appropriations.- The amount necessary for the implementation of the
provisions of this Act shall be charged to the annual appropriated funding of the
respective government agencies covered by this Act. Thereafter, any such amounts
necessary for the effective implementation of this Act shall be included in the
appropriations for each government agency in the General Appropriations Act.

SEC. 12. Separability Clause.- If any provision, section, or part of this Act shall be
declared unconstitutional or invalid, such judgment shall not affect, invalidate, or impair

any other provisions, sections, or parts thereof.

SEC. 13. Repealing Clause.- All laws, decrees, orders, rules and regulations, or portions
thereof, inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 14. Effectivity.- This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,