REPUBLIC ACT NO. 11165
AN ACT INSTITUTIONALIZING TELECOMMUTING AS AN ALTERNATIVE WORK ARRANGEMENT FOR EMPLOYEES IN THE PRIVATE SECTOR
SECTION 1. Short Title. — This Act shall be known as the "Telecommuting Act."
SECTION 2. Declaration of Policy. — It is hereby declared the policy of the State to affirm labor as a primary social economic force. To this end, it 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.
SECTION 3. Telecommuting Defined. — As used in this Act, the term "telecommuting" refers to a work arrangement that allows an employee in the private sector to work from an alternative workplace with the use of telecommunication and/or computer technologies.
SECTION 4. Telecommuting Program. — 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...
Summary of Republic Act No. 11165 (Telecommuting Act)
Definitions and Coverage:
- Defines "telecommuting" as a work arrangement allowing private sector employees to work from an alternative workplace using telecommunication and computer technologies. (Section 3)
- Applies to private sector employers offering telecommuting programs to employees on a voluntary basis. (Section 4)
Employee Rights and Protections:
- Telecommuting employees must receive the same treatment as comparable on-site employees, including: (Section 5)
- Pay rate, overtime, and night shift differential not lower than applicable laws and collective bargaining agreements.
- Right to rest periods, regular holidays, and special non-working days.
- Same or equivalent workload and performance standards.
- Access to training and career development opportunities.
- Appropriate training on technical equipment and telecommuting conditions.
- Collective rights and communication with workers' representatives.
- Measures to prevent isolation from the working community.
- Employers must ensure data protection and inform employees of relevant laws and company rules. (Section 6)
Administration and Grievance Mechanism:
- Parties are primarily responsible for administering the telecommuting arrangement. (Section 7)
- Grievances should be handled through the company's grievance mechanism or referred to the regional DOLE office for conciliation. (Section 7)
- Employers must maintain records proving the voluntary adoption of the telecommuting arrangement. (Section 7)
Telecommuting Pilot Program:
- DOLE shall establish a 3-year telecommuting pilot program in select industries, including baselining, monitoring, and evaluation. (Section 8)
- DOLE must submit a report to Congress on the findings after the program ends. (Section 8)
Implementation:
- The Secretary of Labor and Employment shall issue implementing rules and regulations within 60 days of the Act's effectivity, in consultation with relevant stakeholders. (Section 9)
Effectivity:
- The Act shall take effect 15 days after its publication in the Official Gazette or a newspaper of general circulation. (Section 12)
