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Administration of telecommuting

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1. Responsibility on the parties

The parties to a telecommuting work arrangement shall be primarily responsible for its administration. (Section 7, R.A. 11165, Telecommuting Act)

a. In case of differences in interpretation

In case of differences in interpretation, the following guidelines shall be observed:

1) The differences shall be treated as grievances under the applicable grievance mechanism of the company;

2) If there is no grievance mechanism or if the mechanism is inadequate, the grievance shall be referred to the regional office of the Department of Labor and Employment (DOLE) which has jurisdiction over the workplace for conciliation; and,

3) 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 7, Ibid.)

2. Responsibility on the employers

a. Notice and monitoring

The employer shall notify the DOLE on the adoption of a telecommuting work arrangement, by accomplishing the DOLE prescribed report from and submitting the same in print or digital copy to the nearest DOLE Field Office or Provincial Office having jurisdiction over the area where the principal office is located. (Section 7, DOLE Department Order No. 202, Series of 2019, Implementing Rules and Regulations of R.A. 11165)

If the employer has branches or operational units outside the region of its principal office, each branch or operational unit shall also submit its respective report to the nearest DOLE Field or Provincial Office having jurisdiction over the branch or operational unit. (Paragraph 2, Section 7, Ibid.)

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References

  • R.A. 11165 – Telecommuting Act
  • DOLE Department Order No. 202, Series of 2019, Implementing Rules and Regulations of R.A. 11165
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