Do employees have the right to work from home during the pandemic?

Published — August 08, 2022

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

---

AT A GLANCE

• Telecommuting refers to work from an alternative workplace with the use of telecommunications and/or computer technologies.

• The State shall protect the rights of workers and promote their welfare, especially in the light of technological development that has opened up new and alternative avenues for employees to carry out their work such as telecommuting, and other flexible work arrangements.

• The State shall ensure a cohesive and enabling policy that will foster participation of employers an employees, through the exercise of management prerogative or collective bargaining, in the adoption and implementation of telecommuting 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.

---

The State shall protect the rights of workers and promote their welfare, especially in the light of technological development that has opened up new and alternative avenues for employees to carry out their work such as telecommuting, and other flexible work arrangements. (Section 2, R.A. No. 11165)

This has been especially relevant in light of recent events, such as the global coronavirus pandemic, that prompted most employers to adopt their own telecommuting programs.

What is “telecommuting”?

The law says:

Section 3 of Republic Act No. 11165 or the Telecommuting Act states that:

Section 3. Telecommuting Defined. – As used in this Act the term “telecommuting” refers to a work from an alternative workplace with the use of telecommunications and/or computer technologies.

What is a telecommuting program?

The law says:

Section 4 of R.A. No. 11165 provides that:

Section 4. Telecommuting Program. – An employer in private sector may offer a telecommuting program to its employees on a voluntary bases, and upon such terms and conditions as they may mutually agree upon: Provided, That such terms and conditions shall not be less than the minimum labor standards set by law, and shall include compensable work hours, minimum number of work hours, overtime, rest days, and entitlement to leave benefits. In all cases, the employer shall provide the telecommuting employee with relevant written information in order to adequately apprise the individual of the terms and conditions of the telecommuting program, and the responsibilities of employee.

 

RELATED ARTICLE: Role of Employers and Workers in the Workplace during COVID-19

 

Are all employees entitled to a telecommuting program or setup?

The employer, as well as the employee, in the implementation of a telecommuting program must take into consideration the nature of the work to be done.

The law says:

The State shall ensure a cohesive and enabling policy that will foster participation of employers and employees, through the exercise of management prerogative or collective bargaining, in the adoption and implementation of the telecommuting 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, Implementing Rules and Regulations of R.A. 11165)

Further, to effectively implement the telecommuting program, the employer and employees shall adhere to and be guided by the mutually agreed policy or telecommuting agreement which stipulates for the following provisions, including but not limited to:

1. Eligibility;
2. Applicable code of conduct and performance evaluation and assessment;
3. Appropriate alternative workplace/s’
4. Use and cost of equipment;
5. Work days and/or hours;
6. Conditions of employment, compensation, and benefits particularly those unique to telecommuting employees;
7. Non-diminution of benefits;
8. Occupational safety and health;
9. Observance of date privacy policy;
10. Dispute settlement; and
11. Termination or change of work arrangement. (Section 3, Implementing Rules and Regulations of R.A. 11165)

---

Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.