DOLE sees no big change with telecommuting law

The Department of Labor and Employment (DOLE) sees minimal change in the operations of commercial establishments even with the implementation of the newly signed law on “telecommuting as an alternative work arrangement.”

Labor Assistant Secretary Benjo Benavidez said not all workers, like those employed in factories and manufacturing firms, can avail themselves of this kind of work setup.

“I cannot imagine a manufacturing company implementing telecommuting for factory workers because they cannot bring the machines home. This has to cover jobs or activities which may be performed outside of the traditional workplaces,” he noted.

According to Quezon City Rep. Alfred Vargas, the work-from-home law that President Duterte signed last week is one of the best and innovative ways of maintaining productivity for both employers and employees in the light of worsening traffic situation in major cities across the country.

“It improves organization retention, employee performance, and customer satisfaction. It also boosts employees’ health, as telecommuting lessens exposure to pollution,” said Vargas, one of the main authors of Republic Act 11165 or “An Act Institutionalizing Telecommuting as an Alternative Work Arrangement for Employees in the Private Sector.”

Benavidez said the law allows employers and workers to agree on the terms of change in work venues.

“There has to be an agreement based on the voluntariness of the employee and the employer. They will have to come out with a policy or agreement required to be submitted to the department so we will be able to monitor which company is implementing telecommuting and the workers covered by that arrangement,” he pointed out.

The new law would also not affect the employment status of a worker or the collective bargaining agreement.

“The only thing that was changed under the law is the place of work. With respect to the status of employment— regular or contractual—it is basically, we have the same law. If before we are used to workers reporting to the desk or plant now we allow them to perform the same job elsewhere,” Benavidez explained, noting that DOLE has long been allowing flexible work time and the reduction of working hours.

He added that under the new setup workers would still be required to work for eight hours and be paid for overtime services. He also said the new law provides a fair treatment provision to ensure that the benefit received by workers in traditional workplaces will also be given to those working at home or elsewhere.

“If an employee wants to work during the holiday, he or she needs to have an output because that is the evidence that he worked. It’s not you will just sleep and be paid. You need to render work,” Benavidez stressed.

He said there are technologies that can measure the work hours even if the employee is working remotely.

The DOLE is expected to issue the implementing rules and regulations to guide employers and workers in availing themselves of the new work arrangement.