SEVENTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
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NAR-7 AIO :19
SENATE
S. B. No. 1363
RECE/V'ED tr.
Prepared and submitted by the Committee on Labor, Employment and Human 
________ Resources Development with Sen. Joel Villanueva as author________
AN ACT INSTITUTIONALIZING TELECOMMUTING IN THE 
WORKPLACE AND FOR OTHER PURPOSES
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Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled;
Section 1. Title - This Act shall be known as the “Telecommuting Act of
2017.”
Sec. 2. Declaration o f Policy - It is hereby declared the policy of the State to 
affirm labor as a primary social economic force. To this end, it shall protect the rights 
of workers and promote their welfare, especially in light of technological development 
that has opened up new and alternative avenues.for employees to carry out their 
work such as telecommuting and other flexible working arrangements.
Sec. 3. Telecommuting Defined - 
For purposes of this Act, the term 
“telecommuting" 
means 
the 
partial 
or total 
substitution 
of computers 
or 
telecommunication technologies, or both, for the commute to work by employees.
Sec. 4. Telecommuting Program - 
Employers shall be allowed to offer 
telecommuting program to its employees upon such terms and conditions as they 
may mutually agree. 
In all cases, the employer shall provide the telecommuting 
employee with relevant written information in order to adequately apprise him/her of 
his/her responsibilities.
The adoption of a telecommuting program shall be voluntary based upon the 
agreement of the employer and its employees, which shall not be less than the 
minimum labor standards set by law, and shall include, but not be limited to, 
compensable work hours, minimum number of work hours, overtime, rest days, and 
entitlement to leave benefits.
Sec. 5. Fair Treatment - The employer shall ensure that its telecommuting 
employees are given the same treatment as that of comparable employees working


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at the employer’s premises. 
The employer shall ensure, among others, that 
telecommuting employees shall:
(a) 
Receive rate of pay, including overtime and nighttime work, and other similar 
monetary benefits not lower than applicable legislation and collective 
agreements;
(b) 
Have the same or equivalent workload and performance standards of the 
telecommuting employee ;
(c) 
Have the same access to training and career development opportunities as 
comparable workers at the employer’s premises and are subject to the same 
appraisal policies as these workers.
(d) 
Receive appropriate training targeted at the technical equipment at their 
disposal and at the characteristics of this form of work organization.
(e) 
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. 6. Data P rotection - The employer shall be responsible for taking the 
appropriate measures with regard to software to ensure the protection of data used 
and processed by the telecommuting employee for professional purposes. 
The 
employer shall inform the telecommuting employee of all relevant legislation and 
company rules concerning data protection. The telecommuting employee shall 
ensure that confidential and proprietary information are protected at all times.
For this purpose, the provisions of the Data Privacy Act of 2013 shall have 
suppletory effect.
Sec. 
7. 
A dm inistration 
- 
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:
(a) 
The differences shall be treated as grievances under the applicable grievance 
mechanism of the company.
(b) 
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.
(c) 
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.


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Sec. 8. Telecom m uting P ilo t 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. 9. Im plem enting Rules - Within 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. 10. S eparability Clause - If any part or provision of this Act shall be 
declared unconstitutional and invalid, such declaration shall not invalidate other parts 
thereof which shall remain in full force and effect.
Sec. 11. Repealing Clause - All laws, executive orders, rules and regulations 
or any part hereof inconsistent herewith are deemed repealed or modified 
accordingly.
Sec. 12. E ffe ctivity - This Act shall take effect fifteen (15) days after its 
complete publication in the Official Gazette or in at least two (2) newspapers of 
general circulation, whichever comes earlier.
Approved,