THE NEW GUIDELINES AS TO HOW TELECOMMUTING APPLIES AND THE RIGHTS AND OBLIGATIONS OF EMPLOYER AND EMPLOYEE IN TELECOMMUNICATION SECTOR

1. Department Order No. 237
Series of 2022
Revised Implementing Rules and Regulations
of Republic Act No. 11165, otherwise known as
the Telecommuting Act
DEPARTMENT OF LABOR AND EMPLOYMENT

3. ADVANTAGES OF TELECOMMUTING
• Saves time and money
• Reduces greenhouse gas emissions
• Enhances quality of life
• Increases flexibility
• Saves fuel costs
• Helps concentration and accomplishment of work
without interruption
(Source: CISCO FlexibleWork Practices WhatEmployees Needto Know)

4. # OF ESTABLISHMENTS THAT IMPLEMENTED
TELECOMMUTING
(08 July 2020 to 31 August 2022)
Region Micro Small Medium Large TOTAL %
NCR 230 812 315 640 1997 65.97%
CAR 10 11 1 1 23 0.76%
RO1 11 5 0 3 19 0.63%
RO2 7 3 0 0 10 0.33%
RO3 19 119 23 278 439 14.50%
CALABARZON 19 112 13 20 164 5.42%
MIMAROPA 3 3 0 0 6 0.20%
RO5 4 8 0 1 13 0.43%
RO6 8 15 1 24 48 1.59%
RO7 10 103 32 96 241 7.96%
RO8 4 2 0 0 6 0.20%
RO9 0 3 0 1 4 0.13%
RO10 7 11 2 1 21 0.69%
RO11 10 13 1 1 25 0.83%
RO12 0 5 0 0 5 0.17%
CARAGA 2 2 2 0 6 0.20%

5. # OF WORKERS COVERED BY IMPLEMENTED
TELECOMMUTING ARRANGEMENT
(08 July 2020 to 31 August 2022)
Region Micro Small Medium Large TOTAL %
NCR 976 21132 17450 59900 99458 69.22%
CAR 80 324 3 177 584 0.41%
RO1 77 97 0 38 212 0.15%
RO2 47 50 0 0 97 0.07%
RO3 108 2324 747 20617 23796 16.56%
CALABARZON 147 3098 623 472 4340 3.02%
MIMAROPA 51 89 0 0 140 0.10%
RO5 50 159 0 2 211 0.15%
RO6 24 334 133 750 1241 0.86%
RO7 55 3576 2488 6243 12362 8.60%
RO8 20 24 0 0 44 0.03%
RO9 0 112 0 26 138 0.10%
RO10 19 196 145 23 383 0.27%
RO11 41 312 157 3 513 0.36%
RO12 0 95 0 0 95 0.07%
CARAGA 4 53 15 0 72 0.05%

6. NWPC ONLINE SURVEY ON THE PRODUCTIVITY OF
WORK-FROM-HOME ARRANGEMENT
• 41% of employers said there was no change in the
performance of employees under WFH arrangement
• 18% improved performance
• 22% worsened performance
• 19% don’t know
• 46% of employers also said there was no change in
their establishment’s productivity
• 16% improved performance
• 21% worsened performance
• 17% don’t know

7. TELECOMMUTING DISTINGUISHED FROM WFH
TELECOMMUTING WFH
• Must be with the use of
telecommunication
and/or computer
technologies to be
considered as
telecommuting
• May also be considered
as telecommuting if with
the use of
telecommunication
and/or computer
technologies

8. TELECOMMUTING DISTINGUISHED FROM FWA
TELECOMMUTING FWA
• Flexibility in location of
work
• Flexibility in schedule
• Requires the use of
telecommunication
and/or computer
technologies
• Does not require the use
of telecommunication
and/or computer
technologies

9. NWPC ONLINE SURVEY ON THE PRODUCTIVITY OF
WORK-FROM-HOME ARRANGEMENT

10. ILS INDUSTRY ANALYSIS OF WORK-FROM-HOME
Top 5 Perceptions of Respondents on Implementing
WFH and Telecommuting:
1. Prevent COVID-19 infection in the workplace;
2. Use technology in business operations;
3. Implement social distancing protocols;
4. Employee function/s are feasible for telecommuting;
and
5. Lack of public transportation and company service
vehicle.

11. MANDATORY REVIEW
• Tripartite Executive Committee
• National Industrial Peace Council

12. DECLARATION OF POLICY
• To optimize the benefits of
technology, the State encourages
employers and employees to
jointly adopt and implement
telecommuting programs that are
based on voluntariness and mutual
consent, taking into account
competencies, available
technologies and resources, the
nature of the work to be done, and
other practical circumstances

13. COVERAGE
• Employers and employees in the private sector
that implement a telecommuting program.

14. TELECOMMUTING DEFINED
• work arrangement that allows an employee to
work from an alternative workplace, in whole
or in part, with the use of telecommunication
and/or computer technologies.

15. APPLICATION OF LABOR STANDARDS/
GUIDING PRINCIPLES
➢ Terms and conditions shall not be
less than the minimum labor
standards
➢ Non-diminution of benefits
➢ Work performed in the alternative
workplace shall be considered as
performed in the regular workplace

16. APPLICATION OF LABOR STANDARDS/
GUIDING PRINCIPLES
➢ All time that an employee is
required to be on duty, and
permitted or suffered to work in the
alternative workplace shall be
counted as hours worked
➢ Telecommuting employee are not
considered field personnel except
when the actual hours of work
cannot be determined with
reasonable certainty

17. TELECOMMUTING PROGRAM:
ADOPTION AND FORM
• Adoption
➢ Offer of employer
➢ Proposal of employee
• Form
➢ Separate policy
➢ Incorporated into existing policy
or employment contract
➢ Any other form

18. CONTENT OF TELECOMMUTING
PROGRAM
➢ Eligibility
➢ Alternative workplace/s
➢ Telecommunication and
computer technology
➢ Occupational Safety and
Health
➢ Performance evaluation
➢ Code of Conduct
➢ Data protection,
confidentiality, and
security
➢ Emergency Protocols
➢ Duration
➢ Dispute resolution

19. FAIR TREATMENT
✓ Compensation & monetary benefits
✓ Rest days, regular holidays, & special
non-working days
✓ Workload & performance standards
✓ Training & career development
opportunities, appraisal policies
✓ Training on technical equipment &
characteristics & conditions of
telecommuting
✓ Collective rights

20. TELECOMMUTING: IMPLEMENTATION
AND ADMINISTRATION
• Facilities, equipment, and supplies
➢ Ordinary and necessary costs
• Responsibility of the parties
• Grievances and grievance machinery
• Unresolved grievances
➢ Conciliation or mediation (DO 151-16)
➢ Voluntary arbitration

21. NOTICE, MONITORING AND
REPORTING
• DOLE Establishment Report System
(https://reports.dole.gov.ph/)

22. THANK YOU
DEPARTMENT OF LABOR AND EMPLOYMENT
www.dole.gov.ph
www.bwc.dole.gov.ph
www.fb.com/laborandemployment
www.fb.com/BWC1949
(02) 8527 3000
1349