QuestionsQuestions (IRR of Republic Act No. 11165)
The IRR declares that labor is a primary social economic force and that the State will ensure a cohesive and enabling policy fostering participation of employers and employees through management prerogative or collective bargaining, protecting workers’ rights and welfare in light of technological development, while adopting telecommuting based on voluntariness and mutual consent.
Telecommuting is a work arrangement that allows an employee in the private sector to work from an alternative workplace using telecommunication and/or computer technologies.
It is the mutual consent of the employer and employee for implementing a telecommuting work arrangement based on the company telecommuting program, the CBA if any, and other company rules and regulations.
It must include provisions such as: eligibility; code of conduct and performance evaluation/assessment; appropriate alternative workplace(s); use and cost of equipment; work days/hours; conditions of employment, compensation and benefits (including those unique to telecommuting); non-diminution of benefits; occupational safety and health; data privacy observance; dispute settlement; and termination or change of work arrangement (including but not limited to these).
No. The employer may offer a telecommuting program on a voluntary basis, or as a result of collective bargaining, if any, subject to mutually agreed terms.
Terms and conditions shall not be less than the minimum labor standards set by law, and must include compensable work hours, minimum number of work hours, overtime, rest days, leave benefits, social welfare benefits, and security of tenure.
The employer must provide relevant written information to adequately apprise the employee of the telecommuting program’s duration, and the employee’s rights, duties, and responsibilities.
Telecommuting employees must receive the same treatment as comparable employees at the employer’s premises and be covered by the same applicable rules and CBA (if any).
Examples include: (1) not lower pay (including overtime and night shift differential) and similar monetary benefits; (2) right to rest days, regular holidays, and special nonworking days; (3) same/equivalent workload and performance standards (subject to mutually agreed differences when appropriate); (4) same or equivalent access to training and career development without additional cost; (5) appropriate training on technical equipment and telecommuting conditions without additional cost; (6) collective rights including access to safety and health services and not being barred from communicating with worker’s representatives.
Yes. While telecommuting employees should have the same or equivalent workload and performance standards, the parties may mutually agree to different performance standards that may be more appropriate due to the employee not being at the employer’s premises.
The employer must ensure measures are taken so telecommuting employees are not isolated by providing regular opportunities to meet colleagues and allowing access to the regular workplace and company information.
The employer and employee must agree on minimum standards to protect personal information and use technologies that promote security and privacy. The employer is responsible for appropriate measures to protect data used/processed for professional purposes and must inform the telecommuting employee of relevant laws and company rules. The employee must commit to the company data privacy policy and protect confidential/proprietary information. The Data Privacy Act of 2012 has suppletory effect.
The employer is responsible for strictly taking appropriate measures to ensure protection of data used and processed by the telecommuting employee for professional purposes.
Treat as grievances under the company’s applicable grievance mechanism. If unresolved, and if no/insufficient grievance mechanism, refer to DOLE regional/field office for conciliation and mediation. If still unresolved, refer to the appropriate NLRC branch in accordance with Article 224 of the Labor Code (as renumbered).
Employers must keep and maintain documents proving the telecommuting work arrangement was voluntarily adopted by the parties.
Employers must notify DOLE on adoption of a telecommuting work arrangement by accomplishing and submitting the DOLE prescribed report form in print or digital copy to the nearest DOLE field/provincial office having jurisdiction over the area where the principal office is located; branches/operational units must also submit their respective reports to the nearest DOLE office with jurisdiction.
All DOLE Regional Offices must submit to the Bureau of Working Conditions quarterly reports using the DOLE prescribed report form on implementation of telecommuting work arrangements of establishments for monitoring and evaluation.
DOLE establishes and maintains a pilot program in select industries, lasting not more than three years. DOLE does baseline/scoping/profiling research prior to implementation, conducts regular quarterly monitoring and evaluation, and at the end submits a report to Congress and uploads it on the DOLE website.
Such agreements providing substantially similar or higher benefits entered before RA 11165 and the IRR shall not be impaired, provided the employer duly notifies DOLE.
It takes effect fifteen (15) days after its publication in a newspaper of general circulation and posting on the DOLE website.