A REPKE ES
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Republic of the Philippines
HOUSE OF THE REPRESENTATIVES

Ho,

‘Quezon City pate: NAY 299)
TIME:
SEVENTEENTH CONGRESS 8 BY:
First Regular Session @

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House Bit Noo? 79

Introduced by Representative Sherwin N. Tugna

AN ACT INSTITUTIONALIZING TELECOMMUTING IN THE
WORKPLACE AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Because of the advent of the internet, the world has become smaller. People can
regularly communicate with one another through e-mails or any other modes of
communication using the internet. With this innovation and technology, many employers
also adopted new methods of employing their workers. Telecommuting (also known as
working from home, or e-commuting) is one of these work arrangements in which the
‘employee works outside the office, often working from home or a location close to home
(including coffee shops, libraries, and various other locations). Instead of traveling to the
office, the employee “travels” via telecommunication links, keeping in touch with
coworkers and employers via telephone and email. The worker may occasionally enter
the office to attend meetings and touch base with the employer. However, with many
options for distance conferencing, there may be no need to visit the office.

Telecommuting has benefits both for the employees and the employers. The
increased in productivity of the employees has encouraged employers in certain
industries wherein telecommuting can be efficiently implemented. Consequently, it is
necessary that this work arrangement be institutionalized so that the rights and welfare
of the employees are protected and promoted.

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

RECEIVED



Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 9779

Introduced by Representative Sherwin N. Tugna

(AN ACT INSTITUTIONALIZING TELECOMMUTING IN THE
WORKPLACE AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Title. This Act shall be known as the “Telecommuting Act of 2016,”

SECTION 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. The State recognizes that modem technology has
opened up new and alternative avenues for employees to carry out their work such as
telecommuting and other flexible working arrangements.

SECTION 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.

After making such determination, an employer may opt 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.

SECTION 4. Same 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:

(a) Receive the same rate of pay, including overtime and nighttime work, and other
similar monetary benefits in accordance with 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 same 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.

SECTION 5. Data Protection. The employer shall 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.

‘SECTION 6. Administration. The parties to the telecommunicating work
arrangements shall be primarily responsible for its administration. In case of differences
of 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 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.

SECTION 7. 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.

SECTION 8. Repealing Clause. All law, executive orders, rules and regulations or
any part hereof inconsistent herewith are deemed repealed or modified accordingly.

SECTION 9. 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.

SECTION 10. Effectivity. This Act shall take effect fifteen (15) days its complete
publication in the Official Gazette or in at least two (2) newspapers of general circulation,
whichever comes earlier.

Approved,