Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City 5

SEVENTEENTH CONGRESS

Second Regular Session

HOUSE BILLNO. 7219

Introduced by REPRESENTATIVE JOEL MAYO Z, ALMARIO

EXPLANATORY NOTE

This bill seeks to institutionalize telecommuting in the workplace as a means
not only protecting the labor force, but also improving productivity, thereby
resulting in economic growth.

Telecommuting simply defined, is the possibility of working from a remote
location rather than travelling to and from the office. For the purposes of this bill, it
means the partial, or the total substitution of computers or telecommunication
technologies, or both, for the commute to work by employees.

With the advancement of technology and vast improvement of
communication devices, telecommuting has been embraced in hundreds of
organizations worldwide. Employees are permitted to work from outside the office
two to three times a week, and physical presence is replaced by other means of
transmission and interaction. Advantages of such are multiple — improved
employee productivity, schedule flexibility, increased time available for work due to
reduced commute stress, company overhead expense reduction, improved
employee retention, and continuity of work despite unforeseen circumstances
leading to temporary office operations stoppage.

A secondary, but undeniable benefit of the acceptance of telecommuting is
the reduction of traffic congestion nationwide. As less workers are required to go to
the office, it can be expected that there will be less commuters and vehicles on the
road, effectively reducing the gridlocks in major thoroughfares.

In light of the State mandate to protect its workers, and all the other
economic and productivity benefits of institutionalizing telecommuting, support for
this bill is earnestly sought.

2h4 District, Davao Oriental


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS

Second Regular Session

7219

HOUSE BILL NO.

Introduced by REPRESENTATIVE JOEL MAYO Z. ALMARIO

AN ACT INSTITUTIONALIZING TELECOMMUTING IN THE
WORKPLACE AND FOR OTHER PURPOSES

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
2018.”

Sec. 2. Declaration of 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
at the employer's premises. The employer shall ensure, among others, that

telecommuting employees shall:
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(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;

(©) 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.

(a) 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 Protection - 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. 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:

@ The differences shall be treated as grievances under the
applicable grievance mechanism of the company.

() 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.

(0) 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. 8. 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


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quarterly monitoring and evaluation. At the end of the period of the program, the
DOLE shall submit a report to the Congress.

Sec. 9. Implementing 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. Separability 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. Effectivity - 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.