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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session
721
HOUSE BILLNO.

Introduced by Rep. Winston “Winnie” 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 emails, texts, and
calls after business hours has become the norm, andwhile 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 emails 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_w

supposed to be recovering

‘Dimas, Jennifer, “Anticipatory stress of after-hours email exhausting employees."Source,
http:/source, colostate edu/anticipatory-stress-of-after-hours-email-exhausting-employees/, Accessed
6 January 2017.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO, 4721

Introduced by Rep. Winston “Winnie” Castelo

AN ACTGRANTING EMPLOYEES THE RIGHT TO DISCONNECT FROM WORK-
RELATED ELECTRONIC COMMUNICATIONS AFTER WORK HOURS,
AMENDING FOR THE PURPOSEPRESIDENTIAL 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.”

SECTIONS. 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./mplementing 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
amendedaccordingly.

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,