Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 4291

Introduced by REP. RODEL M. BATOCABE, REP. ALFREDO A. GARBIN, Jr. and
REP. CHRISTOPHER S. CO

EXPLANATORY NOTE

AN ACT
MANDATING ALL GOVERNMENT AND NON-GOVERNMENT OFFICES AND
ESTABLISHMENTS TO ADOPT WORK-AT-HOME PROGRAMS.

This bill seeks to mandate government and non-government offices to adopt
policies to provide work-at-home program for employees. Once enacted, this measure
will help 1) provide convenience to employees, 2) decongest traffic in Metro Manila, 3)
and save on utility costs of employer companies, among other benefits.

Present technological advancements and lifestyle of individuals have affected
the working habits of employees such that employers and companies need to adjust the
office work to provide convenience to employees in order to fulfill the State policy to
protect the rights and promote the welfare of labor as enshrined in the Constitution.
Employees, especially single parents, will greatly benefit from a work-at-home program
wherein they can do their work at home, in their own pace, at least once a week.

Current technological advancements particularly in the field of Information and
Communication Technology have allowed most jobs or tasks which were previously only
doable in the office to be carried out at home, through the use of internet and telephone
connectivity.

Traffic congestion and overcrowding of buildings in most central business hubs in
Metro Manila and other cities continue to take its toll on employees, who waste
increasingly more time in their commute to and from work. Increased travel time means
less time for activities not related to work. By providing at least a one-day respite from
the stressful commute, this measure seeks to promote the welfare of workers who will
have an extra time to stay at home while still doing some work-related activity.

There are an estimated 4.7 million employed workers in Metro Manila, with most
of them commuting to and from the office. If we allow at least 10% of these workers to
have at least one day of the week spent working at home, it would help lessen traffic
congestion by reducing the number of commuting and driving public on certain days of
the week, especially those workers in Metro Manila who live in the suburbs.

Employers will benefit from a work-at-home program because it will save the
company on utility costs during days when many employees are working at home, using
their own electricity and water utility.


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Furthermore, Companies can utilize the work-athome program to help
streamline and maximize office spaces and premises.

With the enactment of this legislative measure, employees will be able to enjoy,
at least once a week, the opportunity to stay at home and spend more time with their
immediate family while also doing office-related work.

In view of the above circumstances, the swift passage of the bill is earnestly
sought“) ‘a >) \ |
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\

RODEL M. BATOCABE ALFREDO ARBIN, Jr omer s$.co


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Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 4291

Introduced by REP. RODEL M. BATOCABE, REP. ALFREDO A. GARBIN, Jr. and
REP. CHRISTOPHER S. CO

AN ACT
MANDATING ALL GOVERNMENT AND NON-GOVERNMENT OFFICES AND
ESTABLISHMENTS TO ADOPT WORK-AT-HOME PROGRAMS

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 “Work-at-Home Act of 2016".

Section 2. Definition of Terms. For purposes of this Act, the following.terms shall have
the meanings stated hereunder:

a. “Home” means any room, house, apartment or other premises used regularly, in
whole or in part, as dwelling place, except those situated within the premises or
compound of an employer, contractor, or subcontractor and the work performed
therein is under the active or personal supervision by or for the employer,
contractor or subcontractor

b. “Work-at-home” shall mean a program of work schedule wherein an office work is

carried out by an employee at home, using his/her own resources.
This is different from an Industrial Homework principally because work-at-home
shall exclude manufacturing work which utilize raw materials. Work-at-home shall
pertain to office work which shall include, but not limited to, research, graphic
design, accounting, writing, and others.

Section 3. Adoption of Work-at-Home Policies. All government and non-government
offices, except companies with less than 20 employees, or those whose jobs or
‘business cannot be brought by employees at home as determined by the Secretary of
Labor and Employment, are hereby directed to adopt policies to provide work-at-home
program for employees. Such policies shall at a minimum include provisions which:

a) Allow an employee or group of employees occupying a certain classification or
category of position, including result-based position as well as highly technical
and confidential position, to work at home at least once a week, under flexible
working hours, without need to report to the office.

b) Establish clear procedures and strategies for:


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i) Work supervision when employees are working at home

ii) Communication and coordination with employees regarding work-at-home
schedules and output- or result-based evaluation

iii) Preserving confidentiality of work information, if necessary.

Section 4. Reportorial Requirements.

(a) All non-government offices and business establishments shall submit to the
Department of Labor and Employment, the policies adopting work-at-home
programs within six (6) months from the effectivity of this Act.

(b) All government offices shall submit to the Civil Service Commission, the policies
‘on work-at-home programs formulated within six (6) months from the effectivity of
this Act.

Section 5. Visitorial Power. The Secretary of Labor and Employment or his duly
authorized representative may, at any time, inspect the premises, books of accounts
and records of companies regarding the implementation of the work-at-home program,
and act on violation of any of the provisions of this Act.

Section 6. Penalty for Non-Compliance. Any head of office, human relations officer,
or any person holding a comparable role, who shall fail to comply with the requirements
under this Act shalll be liable for penalty ranging from a warning, reprimand, suspension
or termination with corresponding fine, to be determined by the Secretary of Labor and
Employment for officers of a non-government offices and establishments, and by the
Chairman of the Civil Service Commission for officers of a government office.

In addition, any erring non-government offices and business establishments shall
likewise suffer the penalty of suspension of their permits to operate.

Section 7. Guidelines on Sanctions. In the rules and regulations to be implemented
pursuant to this Act, the Department of Labor and Employment and the Civil Service
Commission shall prescribe the appropriate guidelines on the sanctions as provided for
in this Act

Section 8. Implementing Rules and Regulations — Within ninety (90) days from the
effectivity of this Act, the Department of Labor and Employment and the Civil Service
Commission, respectively, shall promulgate the necessary rules and regulations to
implement the provisions of this Act.

Section 9. Separability Clause. — If, for any reason, any provision of this Act is
declared to be unconstitutional or invalid, the other sections or provisions hereof which
are not affected thereby shall continue to be in full force or effect.

Section 10. Repealing Clause. - All laws, decrees, orders, rules and regulations or
parts thereof, which are inconsistent with or contrary to the provision of this Act are
hereby repealed, amended or modified accordingly.


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Section 11. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in at least two (2) national newspapers of general circulation.

Approved