Question & AnswerQ&A (Republic Act No. 11165)
The short title of Republic Act No. 11165 is the "Telecommuting Act."
The policy of the State is to affirm labor as a primary socio-economic force, protect workers' rights, and promote their welfare especially considering technological developments that open new and alternative work arrangements, such as telecommuting.
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.
No, an employer may offer a telecommuting program voluntarily to its employees under mutually agreed terms and conditions, which must not be less than minimum labor standards set by law.
The terms and conditions must include compensable work hours, minimum number of work hours, overtime, rest days, and entitlement to leave benefits.
Telecommuting employees should receive the same treatment including pay rates, rights to rest periods and holidays, workload and performance standards, access to training and career development, and collective rights.
The employer must ensure appropriate measures to protect data used and processed by telecommuting employees, inform employees of laws and company rules on data protection, and ensure confidential and proprietary information is safeguarded, with the Data Privacy Act of 2012 providing suppletory effect.
Grievances should first be handled under the company's grievance mechanism; if none or inadequate, they are referred to the regional DOLE office for conciliation. Employers must keep documents proving voluntary adoption of telecommuting arrangements.
The pilot program, lasting up to three years, aims to baseline, scope, profile, monitor, and evaluate telecommuting in select industries, with DOLE reporting its findings to Congress.
The Act took effect fifteen (15) days after its publication in the Official Gazette or any newspaper of general circulation.