RECEIVED

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3385

Introduced by Rep. Precious Hipolito Castelo

EXPLANATORY NOTE

Digital technology has enabled people to be constantly connected, bringing about tremendous
advantages in the way business is conducted. However, it also created a problem of
undeclared labor, wherein employees are forced to work, albeit indirectly, outside the normal
working hours. Responding to work e-mails, texts, and calls after business hours has become
the norm. And while this may seem like an increase in productivity, in reality, it has detrimental
effects on employees’ well-being.

Studies show that the anticipatory stress and expectation of answering after-hours e-mails is
draining employees, leading to “burnout” or the physical, psychological and emotional distress
caused by a total inability to rest and diminished work-family balance, which is essential for
individual health and well-being.’ Because employees are expected to respond even after work
hours, they are not able to separate from work when they go home, which is when they are
supposed to be recovering.

This proposed bill will give employees the “right to disconnect” and focus on enriching their
personal lives. It also calls on employers to enforce company policies that will reduce the
pressure to reply after work hours and help mitigate the negative effects of stress on their
employees. The benefits of this legislative measure could also extend to employers, as they do
not have to bear the burden of absent, sick or ineffective employees. Thus, immediate passage
of this bill is most earnestly sought. 7

4 Dimas, Jennifer. ‘Anticipatory stress of after-hours e-mail exhausting employees.’ Source,
hnttps://source.colostate,edu anticipatory-stress-of-after-hours-email-exhausting-employees/. Accessed 30 July 2017

AUG 0 5 2019

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3385

introduced by Rep. Precious Hipolito Castelo

AN ACT
GRANTING EMPLOYEES THE RIGHT TO DISCONNECT FROM WORK-RELATED
ELECTRONIC COMMUNICATIONS AFTER WORK HOURS, AMENDING FOR THE
PURPOSE PRESIDENTIAL DECREE NO. 442, OTHERWISE KNOWN AS THE LABOR
CODE OF THE PHILIPPINES, AS AMENDED

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

SECTION 1. Article 84 of Presidential Decree No. 442, as amended, is hereby
amended to read as follows:

Article 84. Hours worked. - Hours worked shall include (a) all time during which an
employee is required to be on duty or to be at a prescribed workplace; and (b) all time
during which an employee is suffered or permitted to work, INCLUDING TIME SPENT
READING AND RESPONDING TO WORK-RELATED COMMUNICATIONS SENT
THROUGH ELECTRONIC MEANS, INCLUDING BUT NOT LIMITED TO E-MAIL,
SHORT MESSAGING SERVICE (SMS), AND MOBILE PHONE CALLS, AFTER
WORKING HOURS.

Rest periods of short duration during working hours shall be counted as hours worked.

SECTION 2. A new Article 84-A is hereby inserted after Article 84 of the same law, to
read as follows:

ARTICLE 84-A. RIGHT TO DISCONNECT. - AN EMPLOYEE SHALL NOT BE
REPRIMANDED, PUNISHED, OR OTHERWISE SUBJECTED TO DISCIPLINARY
ACTION IF HE OR SHE DISREGARDS A WORK-RELATED COMMUNICATION SENT
AFTER WORK-HOURS, SUBJECT TO THE TERMS AND CONDITIONS OF THE
POLICY TO BE ESTABLISHED BY THE EMPLOYER AS REQUIRED IN ARTICLE 84-
B HEREOF.

SECTION 3. A new Article 84-B is further provided, to read as follows:

ARTICLE 84-B. POLICY ON AFTER-HOURS USE OF TECHNOLOGY. — IT SHALL
BE THE DUTY OF EVERY EMPLOYER TO ESTABLISH THE HOURS WHEN
EMPLOYEES ARE NOT SUPPOSED TO SEND OR ANSWER WORK-RELATED E-
MAILS, TEXTS, OR CALLS, THE EMPLOYER SHALL DETERMINE THE
CONDITIONS AND EXEMPTIONS THEREFROM, SUBJECT TO SUCH RULES AND


REGULATIONS AS THE SECRETARY OF LABOR AND EMPLOYMENT MAY
PROVIDE.

SECTION 4. Implementing Rules and Regulations. — Within ninety (90) days from the
promulgation of this Act, the Department of Labor and Employment shall formulate rules and
regulations as may be necessary for the proper implementation of this Act.

SECTION 5. Separability Clause. - If any provision or part hereof is held invalid or
unconstitutional, the remainder of the provision not otherwise affected shall remain valid and
subsisting.

SECTION 6. Repealing Clause. — Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent
with, the provisions of this Act is hereby repealed, modified or amended accordingly.

SECTION 7. Effectivity. - This Act shall take effect after fifteen (15) days following its
Publication in at least two (2) newspapers of general circulation.

Approved,