DO EMPLOYEES HAVE THE RIGHT TO WORK FROM HOME DURING THE PANDEMIC?

Telecommuting refers to a 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 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.

WHAT ARE THE PROHIBITED ACTIVITIES IN A STRIKE?

A strike is any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute.
The term “strike” shall comprise not only concerted work stoppages, but also slowdowns, mass leaves, sitdowns, attempts to damage, destroy or sabotage plant equipment and facilities, and similar activities.
An illegal strike is one staged for a purpose not recognized by law, or if for a valid purpose, conducted through means not sanctioned by law.

The following shall be jointly and severally liable for damages suffered by the corporation, its stockholders or members and other persons:
a. directors or trustees who willfully and knowingly vote for or assent to patently unlawful acts of the corporation
b. directors or trustees who are guilty of gross negligence or bad faith in directing the affairs of the corporation
c. directors or trustees who acquire any personal or pecuniary interest in conflict with their duty as such directors or trustees
A director, trustee, or officer shall not attempt to acquire, or acquire any interest adverse to the corporation in respect of any matter which has been reposed in them in confidence, and upon which, equity imposes a disability upon themselves to deal in their own behalf.
Otherwise, the said director, trustee, or officer shall be liable as a trustee for the corporation and must account for the profits which otherwise would have accrued to the corporation.

A corporation is an artificial being created by operation of law, having the right of succession and the powers, attributes and properties expressly authorized by law or incident to its existence.
The property of a corporation, however, is not the property of the stockholders or members.
Properties registered in the name of the corporation are owned by it as an entity separate and distinct from those who compose it.
Similarly, properties of the shareholders, members or officers of the corporation are not the properties of the corporation.

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