REPUBLIC ACT NO.
11165
“Telecommuting Act”
NICANOR V. BON
Bureau of Working Conditions
Department of Labor and Employment
EFFECTIVITY
Signed : 20 December 2018
26 March 2019*
Published : 11 January 2019
24 April 2019*
Effective : 27 January 2019
10 May 2019*
*Implementing Rules and Regulations (IRR)
DECLARATION OF POLICIES
➢ Affirm labor as a primary social economic
force
➢ 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 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.
DECLARATION OF POLICIES
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.
DEFINITION OF TERMS
Telecommuting ̶ a work arrangement
that allows an employee to work from an
alternative workplace with the use of
telecommunication and/or computer
technologies.
Alternative workplace ̶
a location other than the regular
workplace.
DEFINITION OF TERMS
Telecommuting employee ̶
person who is on a telecommuting
work arrangement
TELECOMMUTING PROGRAM
An employer in the private sector
may offer a telecommuting program
to its employees on a voluntary
basis, or as result of collective
bargaining, if any, and upon such
terms and conditions as they may
mutually agree upon.
TELECOMMUTING PROGRAM
Code of Conduct Observance Appropriate
Eligibility and Performance of data alternative
Evaluation and privacy policy workplace/s
Assessment
TELECOMMUTING PROGRAM
Use and cost Conditions of Occupational
employment, Work days
of equipment safety and
compensation, and/or hours
health
and benefits
TELECOMMUTING PROGRAM
Non-diminution Termination or
Dispute settlement change of work
of benefits
arrangement
FAIR TREATMENT
➢ Pay and other wage-related benefits not lower than
those in applicable laws and/or CBA
➢ Right to rest days, holidays
➢ Same workload and performance standards as
those comparable workers at the employer’s
premises
➢ Same access to training and career development
➢ Appropriate training on technical equipment given
to them
➢ Same collective rights as the workers at the
employer’s premises
FAIR TREATMENT
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
allowing access to company
information.
DATA PROTECTION
➢ Employer is responsible for taking the
appropriate measures to ensure the
protection of data used and processed
by the telecommuting employee for
professional purposes.
➢ Employer shall inform the
telecommuting employee of all relevant
laws, and company rules concerning
data protection.
DATA PROTECTION
Employee commits to the
company’s data privacy policy
and ensures that confidential
and proprietary information
are protected at all times and
utilized only in accordance
with the requirements of the
employer.
DATA PROTECTION
The provisions of
the Data Privacy Act
of 2012 shall have
suppletory effect.
ADMINISTRATION
The parties to telecommuting work arrangement shall be
primarily responsible for its administration.
ADMINISTRATION
In case of differences in interpretation, the following shall be observed:
✓ The differences shall be treated as grievance under
the company’s grievance mechanism.
✓ If there is no grievance mechanism or it is
inadequate, it shall be referred to DOLE regional
office which has jurisdiction over the workplace, for
conciliation.
✓ To facilitate the resolution, employers shall keep
and maintain, as part of their records, the
documents proving that the telecommuting work
arrangement was voluntarily adopted.
NOTICE AND MONITORING
✓ Employer shall notify the nearest DOLE
Field or Provincial Office where
principal office is located.
✓ If the employer has branches or units
outside of its principal office, each
branch or unit shall also submit its
report to the nearest DOLE Field or
Provincial Office which has jurisdiction
over the branch or unit.
NOTICE AND MONITORING
NOTICE AND MONITORING
All DOLE Regional Offices shall
submit to the Bureau of Working
Conditions a quarterly summary
DOLE
report using the DOLE prescribed Regional Office
report form on the implementation
of telecommuting work arrangement
of establishments, for monitoring
and evaluation.
TELECOMMUTING PILOT PROGRAM
➢ DOLE shall establish and maintain a
telecommuting pilot program in
select industries which shall last for
a period of not more than 3 years.
➢ It shall be responsible for
baselining, scoping and profiling
research work prior to
implementation, regular quarterly
monitoring, and evaluation.
EFFECT ON EXISTING AGREEMENTS AND
COMPANY PRACTICE OR POLICY
The terms of any similar voluntary
agreement between an employee and an
employer, such as existing company practice
or policy allowing work from home or
similar arrangements providing
substantially similar or higher benefits,
entered before the effective date of R.A.
11165 and its IRR shall not be impaired,
provided that the employer shall duly notify
the DOLE of such agreement.
PERIODIC REVIEW
There shall be a mandatory review
of the Rules after three (3) years
form its effectivity and every three
(3) years thereafter
THANK YOU!
