EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez

House Bill No, 8625
EXPLANATORY NOTE

‘Advances in technology has made it easier for people to work and conduct business. Everyone
is getting more and more connected it is also easier to reach anyone at any given time.
However, problems arise in such a way that employees work even beyond the normal working
hours (ie. replying to emails, replying to messages on their phones, answering calls, among
others). This could add additional stress to employees and destroy their work life balance.

In France, a labor law gives employees the "right to disconnect from email, smartphones and
other electronic leashes once their working day has ended. According to their Ministry of
Labor, the law is designed to ensure respect for rest periods and ... balance between work
and family and personal life”.

There have also been studies to show that the anticipatory stress and expectation of
answering after-hours e-mails is draining employees, leading to "burnout" or the physical,
psychological and emotional distress caused by a total inability to rest and diminished work-
family balance, which is essential for individual health and well-being.

In view of the foregoing, immediate approval of this measure is earnestly requested.

RUFYS B. RODRIGUEZ


EIGHTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriquez
8625

House Bill No.

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 in the Senate and the House of Representatives of the Republic of the
Philippines in Congress assembled:

SECTION 1. 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

THROUGH ELECTRONIC MEANS, INCLUDING BUT NOT LIMITED
TO E-MAIL, SHORT MESSAGING SERVICE (SMS), AND MOBILE
PHONE CALLS, AFTER — WORKING HOURS.

Rest periods of short duration during working hours shall be counted as hours worked.

SECTION 2. A new Article 84-A is hereby inserted after Article 84 of the same law, to read as
follows:

ARTICLE 84-A. 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 84-8 HEREOF.

SECTION 3. A new Article 84-B is further provided, 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 E-MAILS, 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 4. implementing Rules and Regulations. — Within ninety (90) days from the
promulgation of this Act, the Department of Labor and Employment shall formulate rules and
reguiations as may be necessary for the proper implementation of this Act.

SECTION 5. Separability Clause. - If any provision or part hereof is held invalid or
unconstitutional, the remainder of the provision not otherwise affected shall remain valid and
subsisting.

SECTION 6. Repealing Clause. — Any law, presidential decree or issuance, executive order,
letter of instruction, administrative order, rule or regulation contrary to, or inconsistent with, the
provisions of this Act is hereby repealed, modified or amended accordingly.

SECTION 7. Effectivity. - This Act shall take effect after fifteen (15) days following its
publication in at least two (2) newspapers of general circulatior

Approved,