After reading “What Are The Rights Of An Employee Under R.A. No. 11165 Or The Telecommuting Act Of 2018?”, read also “Can The Data Privacy Act Of 2012 Have Extraterritorial Application?“
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Telecommuting refers to a work from an alternative workplace with the use of telecommunications and/or computer technologies.
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An employer in the private sector may offer a telecommuting program to its employees on a voluntary basis and upon such terms and conditions as they may mutually agree upon.
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Such terms and conditions agreed upon by the employer and the employee shall not be less than the minimum labor standards set by law.
Telecommuting under Republic Act No. 11165 or the Telecommuting Act of 2018 is defined as a work from an alternative workplace with the use of telecommunications and/or computer technologies. (Section 2, R.A. No. 11165)
The law says:
Under the Tele-Commuting Act of 2018, an employer in the private sector may offer a telecommuting program to its employees on a voluntary basis and upon such terms and conditions as they may mutually agree upon. (Section 4, R.A. No. 11165)
Such terms and conditions agreed upon by the employer and the employee shall not be less than the minimum labor standards set by law. It shall likewise include compensable work hours, minimum number of work hours, overtime, rest days, and entitlement to leave benefits. (Section 4, R.A. No. 11165)
In all cases, the employer shall provide the telecommuting employee with relevant written information in order to adequately inform the employee of the terms and conditions of the telecommuting program, and the responsibilities of employee. (Section 4, R.A. No. 11165)
Section 5 of the Telecommuting Act of 2018 enumerates the rights of a telecommuting employee. To wit:
Section 5. 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 employer’s premises. All telecommuting employee shall:
(a) 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.
(b) Have the right to rest periods, regular holidays, and special nonworking days.
(c) Have the same or equivalent workload and performance standards as those of comparable worker at the employer’s premises.
(d) 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.
(e) Receive appropriate training on the technical equipment at their disposal, and the characteristics and conditions of telecommuting.
(f) Have the same collectible rights as the workers at the employer’s premises, and shall not be barred from communicating with workers’ representatives.
The employer shall also ensure that measures are taken to prevent the telecommuting employee from being isolated from the rest of the working community in the company by giving the telecommuting employee the opportunity to meet with colleagues on a regular basis, and opportunity to meet with colleagues on a regular basis, and allowing access to company information.
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.
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