Policy and purpose on telecommuting
- The State affirms labor as a primary social economic force (Section 1).
- The State must adopt a cohesive and enabling policy to foster participation of employers and employees through the exercise of management prerogative or collective bargaining (Section 1).
- Telecommuting must be adopted and implemented as a work arrangement based on the voluntariness and mutual consent of the employer and employee, taking into account the nature of the work to be done (Section 1).
- The policy protects workers’ rights and promotes their welfare, especially in light of technological development opening alternative work avenues (Section 1).
Core definitions for implementation
- Alternative workplace means a location other than the regular workplace (Section 2).
- Telecommuting means a work arrangement that allows a private-sector employee to work from an alternative workplace using telecommunication and/or computer technologies (Section 2).
- Telecommuting agreement means mutual consent of the employer and employee to implement a telecommuting work arrangement based on the company’s telecommuting program, the Collective Bargaining Agreement (CBA), if any, and other company rules and regulations (Section 2).
- Telecommuting employee means a person in a telecommuting work arrangement (Section 2).
- Telecommuting program means a set of guidelines and rules governing the implementation of a telecommuting work arrangement (Section 2).
Telecommuting program and agreement content
- An employer in the private sector may offer a telecommuting program on a voluntary basis or through collective bargaining, if any, on terms and conditions mutually agreed (Section 3).
- Telecommuting program terms and conditions must not be less than the minimum labor standards set by law (Section 3).
- The program must include compensable work hours, minimum number of work hours, overtime, rest days, entitlement to leave benefits, social welfare benefits, and security of tenure (Section 3).
- The employer must provide the telecommuting employee relevant written information to apprise the employee of the program terms and conditions, including duration, and the employee’s rights, duties, and responsibilities (Section 3).
- The mutually agreed telecommuting policy or telecommuting agreement must stipulate provisions including: (a) eligibility; (b) applicable code of conduct and performance evaluation and assessment; (c) appropriate alternative workplace/s; (d) use and cost of equipment; (e) work days and/or hours; (f) conditions of employment, compensation, and benefits unique to telecommuting employees; (g) non-diminution of benefits; (h) occupational safety and health; (i) observance of data privacy policy; (j) dispute settlement; and (k) termination or change of work arrangement (Section 3).
- The employer or employee may terminate or change the telecommuting arrangement in accordance with the telecommuting arrangement/policy/agreement, without prejudice to the employee’s employment relationship and working conditions, and at no cost to the employee (Section 3).
Fair treatment and workplace protections
- The employer must ensure telecommuting employees receive the same treatment as comparable employees working at the employer’s premises (Section 4).
- Telecommuting employees must be covered by the same applicable rules and existing CBA, if any (Section 4).
- Telecommuting employees must receive pay, including overtime and night shift differential, and other similar monetary benefits not lower than applicable laws and/or the CBA (Section 4).
- Telecommuting employees must have rights to rest days, regular holidays, and special nonworking days (Section 4).
- Telecommuting employees must have the same or equivalent workload and performance standards as comparable workers, except that the parties may mutually agree to different performance standards more appropriate to the alternative location (Section 4).
- Telecommuting employees must have the same or equivalent access to training and career development opportunities as comparable workers at the premises, without additional cost, and subject to the same appraisal policies covering those workers (Section 4).
- Telecommuting employees must receive, without additional cost, appropriate training on the technical equipment at their disposal and the characteristics and conditions of telecommuting (Section 4).
- Telecommuting employees must have the same collective rights as workers at the premises, including access to safety and health services when necessary as required by Republic Act No. 11058 and Department Order No. 198, series of 2018, and must not be barred from communicating with workers’ representatives (Section 4).
- The employer must prevent isolation by providing opportunities to meet colleagues regularly and allowing access to the regular workplace and company information (Section 4).
Data protection standards and roles
- The employer and the employee must agree on minimum standards to protect personal information and must use available technologies that promote security and privacy (Section 5).
- The employer must be responsible for taking appropriate measures to protect data used and processed for professional purposes by the telecommuting employee (Section 5).
- The employer must inform the telecommuting employee of relevant laws and company rules on data protection (Section 5).
- The employer may take measures including disabling hardware, disabling USB access, and restricting external cloud-based storage (Section 5).
- The employee must commit to the company’s data privacy policy and protect confidential and proprietary information at all times, using it only according to the employer’s requirements (Section 5).
- The Data Privacy Act of 2012 has suppletory effect to the telecommuting data protection standards (Section 5).
Administration and grievance resolution
- The parties to the telecommuting work arrangement primarily administer it (Section 6).
- Differences in interpretation and implementation must be treated as grievances resolved under the company’s applicable grievance mechanism (Section 6).
- Unresolved grievances must be settled using existing rules and regulations (Section 6).
- If there is no grievance mechanism or it is inadequate, grievances must be referred to the DOLE regional or field office with jurisdiction over the workplace for conciliation and mediation (Section 6).
- If unresolved after conciliation and mediation, the grievance must be referred to the appropriate branch of the National Labor Relations Commission (NLRC) in accordance with Article 224 of the Labor Code, as renumbered (Section 6).
- Employers must keep and maintain records showing documents proving the telecommuting arrangement was voluntarily adopted by the parties (Section 6).
Notice, monitoring, and reporting duties
- The employer must notify DOLE of the adoption of a telecommuting work arrangement by accomplishing the DOLE prescribed report form and submitting it in print or digital copy (Section 7).
- The submission must be filed with the nearest DOLE Field or Provincial Office having jurisdiction over the area where the employer’s principal office is located (Section 7).
- If the employer has branches or operational units outside the principal office region, each branch or operational unit must submit its respective report to the nearest DOLE Field or Provincial Office with jurisdiction over that branch or operational unit (Section 7).
- Each DOLE Regional Office must submit to the Bureau of Working Conditions a quarterly report using the DOLE prescribed report form on telecommuting implementation by establishments for monitoring and evaluation (Section 7).
DOLE telecommuting pilot program
- DOLE must establish and maintain a telecommuting pilot program in select industries ranging from highly technological sectors to sectors unlikely to practice telecommuting (Section 8).
- The pilot program lasts for not more than three (3) years (Section 8).
- DOLE must conduct baselining, scoping, and profiling research work prior to implementation, and conduct regular quarterly monitoring and evaluation (Section 8).
- At the end of the program, DOLE must submit a report to Congress on findings and upload it on the DOLE website (Section 8).
Existing agreements and company practice
- Similar voluntary agreements entered before the effective date of Republic Act No. 11165 and these Rules must not be impaired if they provide substantially similar or higher benefits and such agreements include exiting company practice or policy allowing work from home or similar arrangements (Section 9).
- The employer must duly notify DOLE of such similar voluntary agreements (Section 9).
Mandatory periodic review timeline
- The IRR requires a mandatory review after three (3) years from its date of effectivity (Section 10).
- The IRR requires review every three (3) years thereafter (Section 10).
Separability, repeals, and effectivity
- If any provision of the IRR is declared unconstitutional, the remaining provisions not affected remain in full force and effect (Section 11).
- All orders, rules, regulations, and other issuances or parts that are contrary to or inconsistent with the IRR are repealed, amended, or modified accordingly (Section 12).
- Effectivity is fifteen (15) days after publication in a newspaper of general circulation and posting on the DOLE website (Section 13).