Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
EIGHTEENTH CONGRESS 
Second Regular Session 
House Bill No. _______ 
INTRODUCED BY  
REP. ALFRED VARGAS 
AN ACT  
GRANTING EMPLOYEES THE RIGHT TO DISCONNECT FROM WORK-
RELATED ELECTRONIC COMMUNICATIONS AFTER WORK HOURS, 
AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 442, 
OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES, 
AS AMENDED 
EXPLANATORY NOTE 
Technology has played a great role in the advances of labor and 
employment in the economy. However, amidst the challenges posed by the 
COVID-19 pandemic, the lines that separate work-related tasks from home-
related concern have blurred. The unfortunate situation has surfaced labor 
issues that pre-date work-from-home setups: the right to limited working 
hours and “the right to disconnect”. 
Article 24 of the Universal Declaration of Human Rights enshrines the 
right to limited working hours, stating that “everyone has the right to rest 
and leisure, including reasonable limitation of working hours and periodic 
holidays with pay.” 
In relation to this, the International Labour Organization (ILO) notably 
reported the case of a man working in a major snack food processing 
company in Japan who has worked for as many as 110 hours a week, and 
died from a heart attack at the age of 34. In an attempt to diminish the risks 
of “burnouts” or the physical, psychological, and emotional distress caused 
by a total inability to rest and diminished work-family balance, the 
Government of France adopted a labor law that, among other provisions, 
included a right to disconnect. Under the right to disconnect, employees do 
not have to take calls or read emails related to work during their time off. 
1:47 pm
April 13, 2021
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As a country that values the well-being of its people and the labor 
force, the State has a legal obligation to ensure the right to safe and healthy 
working conditions, the right to limited working hours and paid holidays, 
and in turn, the right to disconnect as important labor rights. 
This bill recognizes that working excessive hours pose a danger to 
workers’ health and to their families. Thus, this legislation shall grant 
employees 
the 
right 
to 
disconnect 
from 
work-related 
electronic 
communications after work hours, amending for the purpose Presidential 
Decree No. 442, otherwise known as the Labor Code of the Philippines, as 
amended. 
In view of the foregoing, the immediate passage of this bill is earnestly 
sought.  
ALFRED VARGAS 


Republic of the Philippines
House of Representatives 
Quezon City, Metro Manila 
EIGHTEENTH CONGRESS 
Second Regular Session 
House Bill No. _______ 
INTRODUCED BY  
REP. ALFRED VARGAS 
AN ACT  
GRANTING EMPLOYEES THE RIGHT TO DISCONNECT FROM WORK-
RELATED ELECTRONIC COMMUNICATIONS AFTER WORK HOURS, 
AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 442, 
OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES, 
AS AMENDED 
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 “Workers’ 
Right to Disconnect Act”. 
SECTION 2. Amendatory Provision. – Article 84 of Presidential 
Decree No. 442, as amended, is hereby amended to read as follows: 
Article 84. Hours worked. Hours worked shall include 
(a) all time during which an employee is required to be on duty
or to be at a prescribed workplace; and (b) all time during
which an employee is suffered or permitted to work,
INCLUDING TIME SPENT READING AND RESPONDING TO
WORK-RELATED 
COMMUNICATIONS 
SENT 
THROUH
ELECTRONIC MEANS, INCLUDING BUT NOT LIMITED TO E-
MAIL, SHORT MESSAGING SERVICES (SMS), AND MOBILE
PHONE CALLS, AFTER WORKING HOURS.
Rest periods of short duration during working hours 
shall be counted as hours worked. 
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SECTION 3.  A new Article 84-A is hereby inserted after Article 84 of the 
same law to read as follows: 
  
ARTICLE 84-1. RIGHT TO DISCONNECT. – AN EMPLOYEE 
SHALL NOT BE REPRIMANDED, PUNISHED, OR OTHERWISE 
SUBJECTED TO DISCIPLINARY ACTION IF HE OR SHE 
DISREGARDS 
A 
WORK-RELATED 
COMMUNICATION 
SENT 
AFTER 
WORK-HOURS, 
SUBJECT 
TO 
THE 
TERMS 
AND 
CONDITIONS OF THE POLICY TO BE ESTABLISHED BY THE 
EMPLOYER AS REQUIRED IN ARTICLE 85-B HEREOF. 
SECTION 4.  A new Article 84-B is hereby inserted after Article 84 of the 
same law to read as follows: 
  
ARTICLE 84-B. POLICY ON AFTER-HOURS USE OF 
TECHNOLOGY. – IT SHALL BE THE DUTY OF EVERY EMPLOYER 
TO ESTABLISH THE HOURS WHEN EMPLOYEES ARE NOT 
SUPPOSED TO SEND OR ANSWER WORK-RELATED EMAILS, 
TEXTS, OR CALLS. THE EMPLOYER SHALL DETERMINE THE 
CONDITIONS AND EXEMPTIONS THEREFROM, SUBJECT TO 
SUCH RULES AND REGULATIONS AS THE SECRETARY OF 
LABOR AND EMPLOYMENT MAY PROVIDE. 
SECTION 5. Implementing Rules and Regulations. – Within ninety 
(90) days from the effectivity of this Act, the Secretary of the Department 
of 
Labor 
and 
Employment 
shall, 
in 
coordination 
with 
other 
stakeholders, issue the necessary rules and regulations for the effective 
implementation of this Act.  
SECTION 6. Separability Clause. – If, for any reason, any provision of this 
Act is declared unconstitutional or invalid, parts or provisions of this Act 
which are not affected shall continue to be in full force and effect. 
SECTION 7. Repealing Clause. – All laws, executive orders, presidential 
decrees, Implementing Rules and Regulations inconsistent with this Act are 
hereby repealed or modified accordingly. 
SECTION 8. Effectivity. – This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in two (2) newspapers of general 
circulation. 
Approved,