December 20, 2018

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 a rm 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 De ned . — 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 agree upon: Provided, That such 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 bene ts. In all cases, 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. HTcADC

SECTION 5. Fair Treatment . — The employer shall ensure that the

telecommuting employees are given the same treatment as that of comparable
employees working at the employer's premises. All telecommuting employees shall:
(a) Receive a rate of pay, including overtime and night shift differential, and
other similar monetary bene ts not lower than those provided in
applicable laws, and collective bargaining agreements.
(b) Have the right to rest periods, regular holidays, and special nonworking
days.
(c) Have the same or equivalent workload and performance standards as
those of comparable workers at the employer's premises.
(d) 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.
(e) Receive appropriate training on the technical equipment at their disposal,
and the characteristics and conditions of telecommuting.
(f) Have the same collective rights as the workers at the employer's
premises, and shall not be barred from communicating with workers'
representatives.
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 The employers 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 by giving the telecommuting employee the opportunity to meet with
colleagues on a regular basis, and allowing access to company information.
SECTION 6. Data Protection. — The employer shall be responsible for taking
the appropriate measures to ensure the protection of data used and processed by the
telecommuting employee for professional purposes. The employer shall inform the
telecommuting employee of all relevant laws, and company rules concerning data
protection. The telecommuting employee shall ensure that con dential and proprietary
information are protected at all times.
For this purpose, the provisions of the Data Privacy Act of 2012 shall have
suppletory effect.
SECTION 7. Administration. — The parties to a telecommuting work
arrangement shall be primarily responsible for its administration. In case of differences
in interpretation, the following guideline shall be observed:
(a) The differences shall be treated as grievances under the applicable
grievance mechanism of the company.
(b) If there is no grievance mechanism or if the mechanism is inadequate, the
grievance shall be referred to the regional o ce of the Department of
Labor and Employment (DOLE) which has jurisdiction over the workplace
for conciliation.
CAIHTE

(c) To facilitate the resolution of grievances, employers shall keep and

maintain, as part of their records, the documents proving that the
telecommuting work arrangement was voluntarily adopted.
SECTION 8. Telecommuting Pilot Program . — The DOLE shall establish and
maintain a telecommuting pilot program in select industries which shall last for a
period of not more than three (3) years. The said agency shall be responsible for
baselining, scoping and pro ling 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.
SECTION 9. Implementing Rules. — Within sixty (60) days from the effectivity
of this Act, the Secretary of Labor and Employment shall, in consultation with the
National Tripartite Industrial Peace Council, and relevant stakeholders, issue the
appropriate implementing rules and regulations of this Act.
SECTION 10. Separability Clause. — If any provision or part of this Act is
declared invalid or unconstitutional, the remaining parts or provisions not affected shall
remain in full force and effect.
SECTION 11. Repealing Clause. — All laws, decrees, orders, rules and
regulations, and other issuances or parts thereof which are inconsistent with the
provisions of this Act are hereby repealed or amended accordingly. DETACa

SECTION 12. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in any newspaper of general circulation.
Approved: December 20, 2018.

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