Library of PH Labor Law

Fair treatment

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1. Concept

The employer shall ensure that the telecommuting employee are given the same treatment as that of comparable employees are given the same treatment as that of comparable employees working at the time employer’s premises. All telecommuting employee shall:

1) 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;

2) Have the right to rest periods, regular holidays, and special nonworking days;

3) Have the same or equivalent workload and performance standards as those of comparable worker at the employer’s premises;

4) 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;

5) Receive appropriate training on the technical equipment at their disposal, and the characteristics and conditions of telecommuting; and,

6) Have the same collectible rights as the workers at the employer’s premises, and shall not be barred from communicating with workers’ representatives. (Section 5, R.A. 11165, Telecommuting Act)

a. Opportunity to meet colleagues

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 by giving the telecommuting employee the opportunity to meet with colleagues on a regular basis, and opportunity to meet with colleagues on a regular basis, and allowing access to company information. (Paragraph 2, Section 5, Ibid.)

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References

▪ Republic Act No. 11165, a.k.a. Telecommuting Act

▪ Department of Labor and Employment, Department Order No. 202, Series of 2019, Implementing Rules and Regulations of R.A. 11165

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