Question & AnswerQ&A (IRR of Republic Act No. 11165)
The primary purpose is to affirm labor as a primary socio-economic force while protecting workers' rights and promoting their welfare through a cohesive policy that fosters employer and employee participation, enabling telecommuting as a voluntary and mutually agreed work arrangement.
Telecommuting is defined as 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 the employee in implementing a telecommuting work arrangement based on a company's telecommuting program, Collective Bargaining Agreement (CBA) if any, and company rules and regulations.
No, it is optional. An employer may offer a telecommuting program on a voluntary basis or as a result of collective bargaining, subject to mutually agreed terms and conditions.
It must include compensable work hours, minimum number of work hours, overtime, rest days, entitlement to leave benefits, social welfare benefits, and security of tenure, all not less than minimum labor standards set by law.
Yes, the telecommuting arrangement can be terminated or changed according to the telecommuting policy or agreement without prejudice to the employment relationship or working conditions and at no cost to the employee.
Yes, telecommuting employees must receive the same rate of pay including overtime, night shift differential, rest days, holidays, workload, training, and collective rights as their on-site counterparts.
The employer must ensure appropriate measures and minimum standards to protect personal and confidential information, inform employees of relevant laws, and implement security features such as disabling hardware access where necessary.
Differences should first be addressed through the company’s grievance mechanism, failing which the case is referred to the DOLE regional or field office for conciliation and mediation, and if unresolved, to the National Labor Relations Commission.
Employers must notify the Department of Labor and Employment (DOLE) by submitting a prescribed report form to the nearest DOLE Field or Provincial Office having jurisdiction over their principal office or branch locations.
DOLE regional offices submit quarterly reports on telecommuting implementation to the Bureau of Working Conditions for monitoring and evaluation purposes.
The pilot program, lasting not more than three years, aims to study telecommuting in various sectors with regular monitoring and evaluation; findings are to be reported to Congress and published.
No, existing agreements that provide similar or higher benefits shall not be impaired, provided the employer notifies the DOLE of such agreements.
Employers must ensure telecommuting employees receive equal treatment, compensation, workload, access to training, collective rights, and health and safety services, and prevent employee isolation.
The remaining provisions unaffected by the declaration shall remain in full force and effect according to the separability clause.