MANILA – Employees in the private sector will now have an option to work at home or outside the office through “telecommuting.”
President Rodrigo Duterte signed into law Republic Act 11165, or The Telecommuting Act, which provides flexible work arrangement with the use of telecommunication and/or computer technologies.
Under the approved law, telecommuting will remain as employers’ prerogative based on a mutual agreement which shall include the compensable work hours, minimum number of work hours, overtime, rest days, and entitlement to leave benefits.
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 the employee.
The law also mandates the employer to ensure the telecommuting employees are given the same treatment as that of comparable employees working at the employer’s premises.
Telecommuting employees shall 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.
They shall also have the right to rest periods by regulating the operation of their internet servers after normal working hours as well as during weekends, regular holidays and special non-working days.
The Department of Labor and Employment shall be mandated to establish and maintain a telecommuting pilot program in select industries which shall last for a period of not more than three years.
It shall also be responsible for baselining, scoping and profiling research work prior to implementation, regular quarterly monitoring, and evaluation.
At the end of the program, the Labor department shall submit a report to Congress on its findings./PN
