MANILA – The House of Representatives has unanimously approved a bill that seeks to give employees in the private sector the option to work outside the office through “telecommuting.”
In a 239-0 vote, the lawmakers approved on third and final reading House Bill 7402, or the proposed “Telecommuting Act,” which provides flexible 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.
Rep. Luis Raymund Villafuerte (Camarines Sur, 2nd District) said under the bill, an employer may offer a telecommuting program to its employees on a voluntary basis, and upon such terms and conditions as they may mutually be agreed upon.
“More and more employers have expanded the traditional mode of on-site work to the adoption of flexible working arrangements such as the compressed workweek and telecommuting, among others,” Villafuerte said.
The said terms and conditions shall not be less than the minimum labor standards set by law, and shall include 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 bill 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 (DOLE) 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.
The said agency 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 DOLE shall submit a report to Congress on its findings./PN
