Telecommuting as An Alternative Work Arrangement

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Published — June 1, 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.

Read also: FLEXIBLE WORK ARRANGEMENTS

REPUBLIC ACT No. 11165 or “Telecommuting Act” has been approved since December 20, 2018. Initially, this law was enacted to mitigate the adverse effects of traffic congestion in Metro Manila and other urban areas and, at the same time, take advantage of the advances in digital technology. However, with the COVID-19 outbreak, many employers also resorted to Telecommuting as an alternative work arrangement in order to thwart any possible COVID 19 transmission in the workplace, without compromising the continuous workflow.

“Telecommuting” refers to a work from an alternative workplace with the use of telecommunications and/or computer technologies. The law allows employers and employees in private businesses to enter into telecommuting arrangements. The terms and conditions of the telecommuting arrangements 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.

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 assessment;
3. Appropriate alternative workplace/s;
4. Use and cost of equipment;
5. Work days and/or hours; and
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 data privacy policy;
10. Dispute settlement; and
11. Termination or change of work arrangement.

The employer or employee may terminate or change the telecommuting work arrangement, in accordance with the telecommuting policy or agreement, without prejudice to employment relationship and working conditions of the employee, at no cost to the employee (Department Order No. 202 Series of 2019).

Fair Treatment

The employer shall ensure that the telecommuting employee are given the same treatment as that of comparable employees are given the same treatment as that of comparable employees working at the time employer’s premises. All telecommuting employee shall:

1. Receive a rate of pay, including overtime and night shift differential, and other similar monetary benefits not lower than those provided in applicable laws, and collective bargaining agreements.
2. Have the right to rest periods, regular holidays, and special nonworking days.
3. Have the same or equivalent workload and performance standards as those of comparable worker at the employer’s premises.
4. Have the same access to training and career development opportunities as those of comparable workers at the employer’s premises, and be subject to the same appraisal policies covering these workers.
5. Receive appropriate training on the technical equipment at their disposal, and the characteristics and conditions of telecommuting.
6. Have the same collectible rights as the workers at the employer’s premises, and shall not be barred from communicating with workers’ representatives.

Data Protection

The employer shall be responsible for taking the appropriate measures to ensure the protection of data used and processed by the telecommuting employee for professional purposes. The employer shall inform the telecommuting employee of all relevant laws, and company rules concerning data protection. The telecommuting employee shall ensure that confidential and proprietary information are protected at all times.

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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.

All rights reserved.

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