Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

17" Congress
2™ Regular Session

HOUSE BILL NO. 6322

Introduced by: “KUYA” JOSE ANTONIO R. SY-ALVARADO

EXPLANATORY NOTE

“Work is something we DO, not a place that we GO.” This motto was coined in 1995
when telecommuting became the subject of pop culture attention. Telecommuting is the use of
telecommunication and computer technologies to reduce or replace traditional commuting to
workplace.

The convergence of telecommunication and computer technologies that facilitate
telecommuting also make possible other forms of interactions known collectively as teleactivity

Telecommuting poses a huge environmental, social, economic and psychological impact
by addressing issues on transportation, pollution, energy consumption, productivity and
commercial development, home- or family-related conflicts and employment.

Reducing automobile use is one of the primary benefits of telecommuting
Telecommuters usually eliminate two trips per day when they work at home. Elimination of
automobile trips has tremendous environmental benefits, including reduced emissions and
reduced non-renewable fuel use. Million tons of regulated pollutants will be eliminated, billion
gallons of gas will be saved, and billion hours of personal time will be freed from reduced traffic
congestion and automobile trips, and billions of pesos of maintenance costs for existing
transportation infrastructure will be reduced

‘There will also be a dramatic reduction of demand for office and parking space. Besides
the obvious financial costs to businesses of securing, operating, and maintaining offices, there
are numerous environmental costs, usually borne by consumers and society. HVAC (Heating,
Ventilation, and Air Conditioning) equipment consumes large amounts of electricity and natural
gas while exhausting waste heat to the atmosphere. Parking lots are the source of many
environmental problems related to office and commercial development. Paved parking lots act as
giant solar collectors, decreasing the albedo of the earth's surface and increasing air temperatures
in the surrounding area. This localized heating further increases air conditioning energy costs,
which in tum dumps more waste heat into the local environment. This cycle can raise the
average temperature of entire urban areas, a phenomenon known as the heat island effect.

Telecommuting may contribute to further suburbanization and urban sprawl by releasing
households from locational constraints related to maximum acceptable commute time and
distance.

The flexibility of work arrangement of telecommuting has important benefits for specific
population groups. Working parents benefit from reductions in commute time, which allows
them to spend more time with their children. Teleactivities like teleshopping offers similar time
savings, and reduces the need for often stressful trips to the grocery store with young children in
tow.


‘That same flexibility, combined with a reduction of necessary travel, may allow a greater
proportion of retirement age workers to remain in the workforce. The company benefits by
retaining skilled employee, while the worker benefits by maintaining their position as a
productive member of the society.

For similar reasons, disabled workers often have difficulty gaining entrance to and
operating in the traditional workplace. Telecommuting offers one alternative to rectify this
situation

By reducing or eliminating time spent traveling to and from work, telecommuting offers
workers a significant increase in discretionary time. Some telecommuters may use this time to do
more work or may utilize this for recreational and social activities. Increases in leisure activities
may have far-reaching social and environmental effects, Increases in discretionary time will
likely boos the economy as spending on leisure activities increases.

Telecommuting offers ways to cut air pollution and global warming pollution, improve
public health, improve public health, improve employee recruiting and retention, improve
employce satisfaction, and reduce expenses and taxes for employers and employees.

‘Therefore, in order to realize these benefits and encourage the use of teleworking and
telecommuting, this bill aims to establish an organization-wide telecommuting programs and
policies, and adopt it on a larger scale.

In view of the foregoing, the immediate passage of this bill is earnestly sought.

“KUYA” JOSE ANPONIO R. SY-ALVARADO

Representative
First District of Bulacan


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

17" Congress
2™ Regular Session

HOUSE BILL No,_8322

Introduced by: “KUYA” JOSE ANTONIO R. SY-ALVARADO.

AN ACT
ENCOURAGING THE USE OF TELECOMMUTING BY ESTABLISHING
EFFECTIVE PROGRAMS AND POLICIES

Be it adopted by the Senate and the House of Representatives of the Philippines in
Congress assembles:

SECTION 1. Short Title. — This act shall be known and may be cited as the
“Telecommuting Act”

Sec, 2. Declaration of Policy. — It is hereby declared that the rights and welfare of
workers, and the health and safety of the people is a matter of State concern, as is
the economic vitality and effectiveness of mass transit, all of which are threatened
by the increasing amount of traffic congestion.

Sec. 3. Definition. — For purposes of this Act, the term “telecommuting” refers to
a flexible work arrangement that allows an employee to work form an alternate
workplace, such as from home or another satellite location which is linked with
the use of telecommunication and computer technologies during all or some
portion of the workweek

Sec. 4. Telecommuting Program. — Employers shall establish a program to allow
eligible employees to perform all or a portion of their duties through teleworking
to the maximum extent possible without diminished employee performance.
Employers shall also:

(1) Designate a telework coordinator to be responsible for overseeing the
implementation of teleworking programs;

(2) Prepare a telecommuting agreement that will provide the rules and guidelines
necessary for the employer and employee to participate in a telecommuting
program;

(3) Provide telecommuting employee with relevant written information in order to
adequately apprise him/her of his/her responsibilities,

(4)Provide trainings and seminars for their telecommuting employees or
supervisors,

Sec. 5. Eligible Candidates for Telecommuting Programs. — Employers shall
have a clear policy on telecommuting eligibility. Employers can establish specific
criteria to determine which employees are permitted to participate in a
telecommuting program.


Sec. 6. Employee's Fair Treatment Rights. — 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

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

(2) Have the same or equivalent workload and performance of standards of the
telecommuting employee,

(3) Have the same access to training and career development opportunities and are
subject to the same appraisal policies;

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

(5) 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.

Sec. 7. Security Policies. — The employer shall be responsible in providing
necessary software to ensure the protection of data used and processed by the
telecommuting employee for professional and security purposes, The employer
shall inform the telecommuting employee of all relevant legislation and company
rules concerning data protection. The telecommuting employee shall be
responsible for loss of data and 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

Sec. 8, Telecommuting 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:

(1) The differences shall be treated as grievances under the applicable grievance
mechanism of the company

(2)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.

(3) 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.

Sec. 9, 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.

Sec. 10. Implementing Rules. — Within sixty (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.

Sec. 11. Repealing Clause. — All laws decrees, orders, rules and regulations, or
other issuances or parts thereof inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

Sec. 12. Separability Clause. If any portion or provision of this Act is declared
unconstitutional, the remainder of this Act or any provision not affected thereby
shall remain in force and effect.

Sec. 13. Effectivity. — This Act shall take effect after fifteen (15) days following
the compietion of its publication either in the Official Gazette or in at least (2)
jréulation in the Philippines. whichever comes earlier.