Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH (17") CONGRESS
Second Regular Session

7349

HOUSE BILL NO. — ~*~

Introduced by Representative Manuel Monsour T. Del Rosario [II

EXPLANATORY NOTE

The worsening traffic gridlocks have become a maddening chunk of the daily grind in the
Philippines. Thousands of the country’s workforce are mired in mammoth traffic jams along our
metropolises’ major thoroughfares and arterial roads. They spend hours on the road just to get to
their places of work and several more hours to get home to their families.

‘The strain on the quality of life of the labor force, students, and other regular commuters
may be difficult to quantify but they cannot be ignored. Moreover, the negative impact of traffic
congestion on public health and the environment is expected to translate to economic costs.

A report by the Japan International Cooperation Agency (JICA) showed the costs of traffic
would continue to rise if adequate solutions to ease congestion are not implemented. The report
revealed that the economic losses associated with traffic in Metro Manila are estimated to be P2.4
billion each business day in 2012, a figure that is estimated to rise to P6 billion for each working
day by 2030. This figure is comprised of costs associated with lost business hours and business
opportunities, missed deadlines caused by delays, and wasted automobile fuel.

The human cost of traffic in the city is the lost time that could have been spent with loved
ones. In addition to the emotional toll, there are also negative effects that traffic has on health and
the environment. A 2012 study revealed that levels of greenhouse gas emissions in Metro Manila
were at a staggering 4.7 million tonnes for the year—a number that falls well below the 5.7
estimated for the year 2030. Recent studies have aslo shown the adverse effect of traffic jams on
the mental and overall health of motorists and commuters, including the increased risk of heart
disease and brain damage.

The worsening traffic situation in the Philippines requires government to introduce more
efficient alternative working modes to help alleviate the deleterious effects of traffic congestion in
the country’s metropolitan areas.

There is a huge potential for information and communications technology to remedy
current social, economic, and environmental problems, including the inter-related problems of
urban sprawl and traffic congestion. Along this line, we must seriously consider implementing
telecommuting as an alternative work arrangement for employees, as far as it may be applicable
and practicable.

Telecommuting is defined as work conducted from home that is often supported by
telecommunications technology (telephone, Internet access, or computer). It is also known as
remote work, homework, virtual work, telework or distributed work.


Telecommuting has been promoted in the public policy arena as a desirable solution for
urban travel-related problems such as traffic congestion, excessive energy consumption, and air
pollution. It is an international phenomenon reflecting employees’ desire to achieve a better work-
life balance and live in more sustainable environments away from the ills of traffic-congested and
overcrowded cities.

There is much interest in telecommuting for various reasons. First, businesses can cut office
costs with few to no employees present in the office ranging from furniture to electricity used,
while employees save money used on gas to get to and from the office. Second, the vast majority
of employees drive to work each day. The pollution emanating from vehicles can take a huge toll
on the environment. Both companies and their workers can greatly reduce their carbon footprint
when employees work from home.

Third, from the employees’ perspective, telecommuting is associated with higher job
satisfaction and has been widely advocated as a solution to the challenges individuals face in
reconciling their personal and work lives. It can allow individuals to have greater control over
work-family boundaries and to schedule work at times of peak efficiency or around family needs.
The reduction in commute times that results from telecommuting also frees temporal resources
that can be devoted to family or job needs, as employees often substitute commuting time for
additional work time. And fourth, by being able to work from home—and have a better work life
balance—employees become happier and feel valued. In turn, that happiness turns into gratitude,
causing employees to become more invested in the companies they work for—and work harder.

In sum, telecommuting helps reduce energy consumption, traffic congestion and air
pollution. It also boosts workers’ productivity, improves morale and saves office space.

In view of the foregoing, approval of this bill is fervently sought.

(-LO?’»
UBL MONSOUR T. DEL ROSARIO II


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH (17") CONGRESS
Second Regular Session

7349

HOUSE BILL NO.

Introduced by Representative Manuel Monsour T. Del Rosario III

AN ACT INSTITUTIONALIZING TELECOMMUTING IN THE WORKPLACE AND
FOR OTHER PURPOSES

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

SECTION 1. Title. - This Act shall be known as the “Telecommuting Act of 2017”.

SEC. 2. Declaration of Policy. — It is 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 work arrangements.

SEC. 3. Telecommuting Defined. — For purposes of this Act, the term “telecommuting”
means a work arrangement on alternative work schedule in which an employee may spend part or
all the regular work week at a location other that the employer's office, which he does not require
commute or travel by public transportation to a central place of work.

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.

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 telecommunicating employees shall:

a) Receive rate of pay, including overtime and might shift differential pay, and other
similar monetary benefits not lower than applicable legislation and collective
agreements;

b) Have the same or equivalent workload and performance of standards of the
telecommunicating 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;

d) 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 to communicating with workers’ representatives;


The employers shall also ensure that measures are taken to prevent the telecommunicating
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
in all times.

For the 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:

a) 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 Employments
(DOLE) which has jurisdiction over the workplace for appropriate conciliation.

b) 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 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. 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 of 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 take effect fifteen (15) days after its publication in the
Official Gazette or in at least two (2) newspapers of general circulation, whichever comes earlier.

Approved,