Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

5843

House Bill No,

INTRODUCED BY Hon, John Marvin “Yul Servo” Nieto, Hon, Edward Vera Perex Maceda, Hon. Dale
“Along” K, Malapitan, and Hon. Erie M. Martines

EXPLANATORY NOTE
Atticle Xi, Section 2 of the 1987 Constitution provides that,

“The promotion of Social Justice shall inchide the commitment to create economic opportunities based on
freedom of initiauive and self-reliance. ~

Further, itis also provided under Article II, Section 18 that,

“The Stave affirms labor as a primary social econcenic force. It shail pronect the rights of workers amd promote
their welfare.”

{tis then the duty of the State to make sure that the welfare of the work force will not be compromised by the
changing demands of the companies and the society

This piece of legislation aims 10 protect the rights of employees engaged in telecommuting, a flexible work
arrangement or alternative work schedule in which an employee may spend part or all the regular work week at
«location other than the employer's office, which does not require commute or travel by public transportation to
‘central place of work Encouraging new and alternative modes of work arrangement such as telecommuting
very timely considering the worsening traffic situation in Metro Manila and increasingly unpredictable weather

‘This piece of legislation does not, in any way, change employment status. It alio does not compel companies to
reclassify their employees. It only affinns and ensures the rights of velecomumuting employees — that they are
‘piven fair treatment and be afforded the same protection and privileges as those given 10 employees that are
‘within the premises of the employer

To this end, the State also recognizes the indispensable role ofthe private vectors and they will not be prejudiced
by the implementation of this policy

Hence, the immediate passage of this bill is eamestly sought

PEREZ MACEDA
pupae ITIVE, 4 DISTRICT. OE MANILA

‘M. MARTINEZ
rATIVE. 2” DISTRICT OF
VALENZUELA CITY

CALOOCAN CITY


noe ie Pitoines
OF REPRESENTATIVES
‘Quezon City

SEVENTEENTH CONGRESS
First Regular Session

———————————————————
INTRODUCED BY Hon. John Marvin “Yul Servo” Nieto, Hon. Edward Vers Perez Maceda, Hon. Dale
“Along” R. Malapitan, nd Hon. Eric M. Martinez

AN ACT INSTITUTIONALIZING TELECOMMUTING IN THE WORKPLACE AND FOR OTHER
PURPOSES

‘He 11 enacted by the Senate cand the House of Represennatives of the Republic of the Philippunes in Congress

assembled

SECTION L. TITLE: This act shall be known as the “Telecommuting Act of 2017"

SECTION 2. Declaration of Policy. It is hereby the policy of the State to affirm labor as a primary social
sconce force, To tis ond i shall prove: the righs of worker and promote het welfare, especially in light

development that has opened up new and alternative avenues for employees to carry out their
doppia uapeepomp erento

SECTION 3, Telecommuting Defined For purposes of this Act, the term “Yelecommuting” means a work

4+ location other than the employer's office, which does not require commute or travel by public transportation 10
central place of work.

SECTION 4, Telecommuting Program. Employers shall be allowed to offer telecommuting program to its
players upon such terme and condition a they ray mutually ares. tn all caves, the employer shall provide

the telecoummaing employee with rlerant writen information in oder to adequately apie hw her of bi!
her responsibil

SECTION & Fal rostemet. Tho snptyes sal enen t  ticometng wealeyos ss given th sie
treatment as that of comparable working at the employer's premises. The employer shall ensure,

1) Receive rte ofp; including overtime and might shift ferential pay, and other similar monetary
benefits not lower than applicable legislation and collective agreemems,

1b) Have the same or equivalent workload and performance of 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 tothe same appraisal policies as these workers,

4) Receive appropriate training targeted at the technical equipment at their disposal and at the
characteristics of this form of work organizations; and

©) Have the same collective rights as workers at the employer's premises and no obstacles are place
10 communicating with workers representatives.


‘The employer shall also emsure that measures are taken to prevent the telecommuting employee from being,
tsolated 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 6. Data Protection. The employer shall be responsible for taking the appropriate measures with
tegard 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 und
‘company rules conceming dats protection The telecommuting employee shall ensure that confidential and
Propnetary information are protected at all times

For this purpose, the provision of Data Privacy Act of 2013 shall have suppletory effect

SECTION 7. Administration. The parties 10 the telecommuting work arrangements shall be primatil
responsible for its administration In case of differences in interpretation, the following guidelines shall
‘observed:

shal

8) If there is no grievance mechanism or if this mechanism is inadequate, the grievance

was voluntanly
SECTION 5, Program. The DOLE shall establish and maintain » Telecommuting
Program in select industries, which shall last for a period of not more than three (3) years. The DOLE shall be
for scoping, and research work pnor to implementation, regular quarterly

(mong and evaluation. At he end oft porto ofthe program, the DOLE sail sont s repent to the
Congress.

SECTION 9. Implementing Rules. Within 60 days from the effectivity of this Act, the Department of Labor

and Employment shall, in consultation with relevant stakeholders sue the appropriate implementing rules and
this

SECTION 10. Sepurubility Clause. If any part of provision of this Act shall be declared unconstitutional and

Anvalid, such declaration shall not invalidate other parts thereof which shall remain in full force and effect.

SECTION 11, Repealing Clause All laws, executive orders, rules and regulations or any part hereof
inconsistent herewith are deemed repealed or modified accordingly

SECTION 12. kffectivity. This Act shall take effect fifteen (15) days after its publication in the Official Gazette
OF in at least two (2) newspaper of general circulation, whichever comes earlier,

Approved,