D. Telecommuting (RA 11165; DO 237, s. 2022)

Telecommuting (R.A. No. 11165; D.O. No. 237, s. 2022)

Concept

Telecommuting is work performed from an alternative workplace through telecommunications or computer technologies. Under the Telecommuting Act, it is an alternative work arrangement for employees in the private sector, not a separate class of employment. The Act recognizes that technological development allows employees to carry out their work in ways other than reporting to the employer’s premises. (Sec. 3, Rep. Act No. 11165)¹ (Preamble, Rep. Act No. 11165)² (Sec. 2, Rep. Act No. 11165)³

Governing provisions

R.A. No. 11165, or the Telecommuting Act, governs the arrangement. Its stated policy is to protect workers’ rights and promote their welfare as technology opens new avenues for work. D.O. No. 237, s. 2022 supplies the implementing rules. Read the arrangement as a change in where and how work is performed, while preserving the labor protections applicable to the employee. (Sec. 1, Rep. Act No. 11165)⁴ (Sec. 2, Rep. Act No. 11165)³ (D.O. No. 237, s. 2022) (Sec. 4, Rep. Act No. 11165)⁵

Requisites / Rules

• Definition. Identify both elements: an alternative workplace and the use of telecommunications or computer technologies. Working away from the employer’s premises, by itself, does not state the whole statutory definition. (Sec. 3, Rep. Act No. 11165)¹
• Telecommuting program. A private-sector employer may offer a program on a voluntary basis, on terms mutually agreed with the employee. The employee must receive relevant written information about the program’s terms and the employee’s responsibilities. (Sec. 4, Rep. Act No. 11165)⁵
• Fair treatment. The employer must give a telecommuting employee the same treatment as comparable employees working at its premises. The arrangement therefore links flexibility in work location with continued protection of pay, benefits, opportunities, and collective rights. (Sec. 5, Rep. Act No. 11165)⁶

Key doctrines

These three inquiries follow a practical sequence: determine whether the work falls within the statutory definition; determine whether a voluntary program and its terms govern the arrangement; then compare the telecommuting employee’s treatment with that of employees working on-site. The agreed terms cannot fall below minimum labor standards, including the standards applicable to working time and leave. (Sec. 3, Rep. Act No. 11165)¹ (Sec. 4, Rep. Act No. 11165)⁵ (Sec. 5, Rep. Act No. 11165)⁶

Bar tip

Do not treat work from home as a waiver of labor standards. Address consent to the program separately from the employee’s continuing right to fair treatment. (Sec. 4, Rep. Act No. 11165)⁵ (Sec. 5, Rep. Act No. 11165)⁶