Definition of Terms
- Alternative workplace: A location other than the regular workplace.
- Telecommuting: Work arrangement allowing employees to work remotely using telecommunication and computer technologies.
- Telecommuting agreement: Mutual consent between employer and employee detailing telecommuting terms based on company program, CBA, or company rules.
- Telecommuting employee: An employee engaged in telecommuting.
- Telecommuting program: Guidelines governing telecommuting implementation.
Telecommuting Program
- Employers may offer telecommuting voluntarily or via collective bargaining.
- Terms must comply with minimum labor standards including work hours, overtime, rest days, leave, social benefits, and tenure security.
- Employers must provide written information about the telecommuting program.
- The telecommuting agreement should cover eligibility, conduct, workplace, equipment, work schedule, compensation, benefits, safety, data privacy, dispute resolution, and termination.
- Either party can terminate or change the arrangement without affecting employment rights or incurring cost to the employee.
Fair Treatment
- Telecommuting employees must receive equal treatment as on-site counterparts.
- Coverage under applicable rules and existing CBAs is mandatory.
- Pay and benefits including overtime and night differentials must meet or exceed legal and CBA standards.
- Equivalent workload and performance standards apply, with possible mutual adaptations.
- Equal access to training, career development, and appraisal policies.
- Training on telecommuting equipment and conditions is provided at no cost.
- Collective rights and safety/health service access are ensured.
- Employers must prevent employee isolation by facilitating regular interaction and access to company information and workplace.
Data Protection
- Employer and employee agree on data protection standards.
- Employer is responsible for securing professional data.
- Employees must adhere to laws and company data privacy policies.
- Security measures may include disabling hardware functions and limiting data storage options.
- The Data Privacy Act of 2012 applies as a supplementary legal framework.
Administration
- Parties manage telecommuting arrangements primarily.
- Disputes are treated as grievances resolved first within company grievance mechanisms.
- Unresolved issues are referred to DOLE regional offices for conciliation and mediation.
- Further unresolved disputes go to the National Labor Relations Commission per Labor Code provisions.
- Employers must keep records proving voluntary adoption of telecommuting.
Notice and Monitoring
- Employers must notify DOLE upon adopting telecommuting by submitting prescribed reports to the DOLE regional or provincial office.
- Branches outside a principal office’s region also submit reports locally.
- DOLE regional offices provide quarterly implementation reports to the Bureau of Working Conditions for monitoring.
Telecommuting Pilot Program
- DOLE will conduct a pilot program in select industries, encompassing various sectors.
- Duration is up to three years with prior research and regular monitoring.
- Findings will be reported to Congress and published online.
Effect on Existing Agreements and Company Policy
- Preexisting voluntary agreements with equal or better benefits remain valid.
- Employers must notify DOLE of such agreements.
Periodic Review
- Rules will be reviewed three years after effectivity and every three years subsequently.
Separability Clause
- Invalid provisions do not affect the validity of remaining provisions.
Repealing Clause
- Previous rules contrary to these regulations are repealed, amended, or modified.
Effectivity
- Rules take effect 15 days after publication and posting on DOLE’s website.