Under the Republic Act 11165, an employer in the private sector may offer a telecommuting program to

its employees on a voluntary basis. The employer shall also ensure that the telecommuting employees
are given the same treatment as that of comparable employees working at the office. All 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.
• Have the right to rest periods, regular holidays, and special nonworking days.
• Have the same or equivalent workload and performance standards as those of comparable workers at
the employer’s premises.
• 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.
• Receive appropriate training on the technical equipment at their disposal, and the characteristics and
conditions of telecommuting.
• Have the same collective 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 bu giving the telecommuting
employee the opportunity to meet with colleagues on a regular basis, and allowing access to company
information.
The act shall take effect 15 days after its publication in the Official Gazette or in any newspaper of
general circulation.

MANILA, Philippines – President Rodrigo Duterte signed into law a policy that institutionalizes work-from-
home arrangements in the private sector.

The law recognizes telecommuting, or when an employee of a company works from an alternative
workplace using telecommunications and other computer technologies, as a legitimate work arrangement.

Officially known as the Telecommuting Act, it was signed by Duterte on December 20, 2018, but only
released to the public on Thursday, January 10. It is also known as Republic Act No. 11165.

According to the law, an employer in the private sector can offer employees a telecommuting program on
a voluntary basis.

The arrangement should abide by the minimum labor standards. This means there should be
compensable work hours, a minimum number of work hours, overtime, rest days, and entitlement to
leaves.

Employers are also supposed to ensure fair treatment for the telecommuting employee. Like employees
working from the traditional workplace of the employer, the telecommuting employee is also entitled to
overtime and night shift differential, rest periods, regular holidays, special nonworking holidays, same
equivalent workload and standards, same access to training, and career development opportunities,
among others.

To test telecommuting, the Department of Labor and Employment is ordered to set up a telecommuting
pilot program for select industries which should last not more than 3 years.

The new law is a consolidation of the work of the two chambers of Congress – Senate Bill No. 1363 in the
Senate and House Bill No. 7402 in the House of Representatives. – Rappler.com
 The Republic Act 11165 also known as the Telecommuting Act, a bill that allows private sector
employees to work from home has been signed into law by President Rodrigo Duterte on Thursday,
January 10.

The purpose of this newly signed law is to uphold work-life balance among Filipino employees and to
address the traffic congestion, according to Senator Joel Villanueva, the Chairman of the Senate
Committee on Labor, Employment and Human Resources Development. The Senator is also the principal
author and sponsor of the law.

This work-from-home law is an optional employment set-up will be dependent on the mutual agreement
between the employer and their employees. However, the law dictates that despite this set-up, employers
are still obliged to follow minimum labor standards on health, safety, schedule, workload, work hours, and
social security. The law has also set “enough safeguards” for home-based workers such as equal pay,
leave benefits and promotion.

Senator Villanueva also stated in an interview:

“With this recently signed law, we can now have a stable and consistent legal framework that can provide
an enabling environment to encourage participation and enforce compliance among enterprises, big or
small. This is indeed a fitting New Year’s welcome for our dedicated Filipino workers.”

The Senator also added that the law will prompt the creation of a telecommuting pilot program in select
industries for a period of not more than three years. This will allow the Department of Labor and
Employment (DOLE) to “determine the advantages and disadvantages of a telecommuting program in the
Philippines.”

Under the Republic Act 11165, the labor department is tasked to create guidelines on the following:

 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
 Right to rest periods, regular holidays, and special non-working days
 Equivalent workload and performance standards as those of comparable workers at the employer’s
premises
 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
 Appropriate training on the technical equipment at their disposal, and the characteristics and conditions of
telecommuting
 Collective rights as workers at the employer’s premises, and shall not be barred from communicating with
workers’ representatives

The DOLE will lead the drafting of the implementing rules and regulations.

President Rodrigo Duterte has signed into law Republic Act 11165, also known as “An Act
Institutionalizing Telecommuting as an Alternative Work Arrangement for Employees in the Private
Sector.” The bill was authored by Senator Joel Villanueva.
Aside from promoting a healthy work-life balance for Filipino workers, the law also aims to alleviate the
traffic congestion, especially in Metro Manila.

Here's what you need to know about flexible working arrangements.

What is telecommuting?

Section 3 of the Republic Act defines telecommuting as “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.”

Who will be entitled to the work-from-home option?

Only employees of the private sector are entitled to the telecommuting option, provided that their
employers offer it.

Section 4 of the law states that the program is available on a “voluntary basis,” which means the employer
has the prerogative whether or not to draw up the terms and conditions of such work arrangements. Once
an employer decides to implement the program in a company, the employer shall provide the employee all
the relevant information in written form, which the employee has to mutually agree with first before the
set-up takes place.

How different are telecommuting employees from on-site employees?

The law mandates employers to give telecommuting employees the same treatment and benefits they give
to their colleagues who choose to work at the company’s premises.

This includes the same rate of pay, overtime and night shift differential, and other similar monetary
benefits. The employee should also be entitled to the same policies regarding pay raise, as well as rights to
rest periods, regular holidays and special non-working days.

Moreover, telecommuting workers and their fellow employees in the office should be given the same or
comparable workload and performance standards, as well as access to training and career development
opportunities.
The only difference from on-site employees, if there is any, is that telecommuting employees should be
trained in the usage of the tech equipment at their disposal and should be well-briefed in the nature and
conditions of the agreed telecommuting setup. This is simply because on-site employees have no need for
such training.

Can telecommuting employees still join unions?

Yes, because the law mandates employers to provide the same rights to telecommuting employees. Under
the Fair Treatment section of RA 11165, telecommuting workers should have the same collective rights
and shall always have open communication lines with the workers’ representatives.

It also states that the employers are responsible for ensuring telecommuting employees will not be
isolated from the workforce, by providing them access to company information and opportunities to meet
with their colleagues on a regular basis.

Who is responsible for the protection of data used for professional purposes?

Under section 6 of the law, both the employer and telecommuting employee shall take responsibility for
all the data used and processed by both parties for work purposes.

The employer shall take the appropriate measures to make sure the employee is capable of protecting the
data, by properly informing him/her of all relevant laws and company rules on data protection. In return,
the employee has a responsibility to ensure that confidential and proprietary information he/she has on
his/her end are safeguarded at all times.

“For this purpose, the provisions of the Data Privacy Act of 2012 shall have suppletory effect,” the law
reads.

When does the law take effect and when can employees expect to be entitled to this work-
from-home option?

Duterte signed the bill into law on December 20, 2018 and it was published in the Official Gazette on
January 11, 2019. It will take effect 15 days after publication, which is on February 27. However, the
Department of Labor and Employment (DOLE) will still have to meet with the National Tripartite
Industrial Peace Council and relevant stakeholders to draft the appropriate implementing rules and
regulation of the law, which they have to issue within 60 days from the effectivity of the Act.