Revised telecommuting IRR to protect WFH workers
The Department Of Labor and Employment (DOLE) fine-tuned the Implementing Rules and Regulations (IRR) of Telecommuting Law (Republic Act 11165) to accommodate the broader adoption of the Work From Home (WFH) arrangements.
The revised IRR aims to protect the rights of WFH workers against the diminution of their entitlements should they choose working outside the office.
“The terms and conditions of telecommuting shall not be less than minimum labor standards, and shall not in any way diminish or impair the terms and conditions of employment contained in any applicable company policy or practice, individual contract, or collective bargaining agreement,” the revised guidelines read.
“All time that an employee is required to be on duty, and all time that an employee is permitted or suffered to work in the alternative workplace shall be counted as hours worked,” it added.
Terms and conditions included in the Telecommuting Law include not having below minimum labor standards, and not diminishing the terms and conditions of employment contained in any applicable company policy or practice, individual contract, or collective bargaining agreement.
The revised law requisites WFH employees to be unclassified as field personnel, except when their work hours cannot be determined with reasonable certainty.
The DOLE administered nearly two months of consultations with labor groups and employer representatives before amending the said IRR.
