Work from home sweet home: An examination of the law gaps in the creation and implementation of the Telecommuting Act in the Philippines

• Main Authors: Barcelo, Rafael Liam L., Jacildo, Karel Allain A.
• Format: text
• Language: English
• Published: Animo Repository 2021
• Subjects: Telecommuting—Law and legislation—Philippines; Labor and Employment Law
• Online Access: https://animorepository.dlsu.edu.ph/etdb_comlaw/5; https://animorepository.dlsu.edu.ph/cgi/viewcontent.cgi?article=1001&context=etdb_comlaw
• Institution: De La Salle University

Uncertainties, like the COVID-19 pandemic, poses a problem to the labor industry as it disrupts the availability of normal work-activity in a workplace. As technological advancements are taking place, work setting and work method are being developed to attain an ideal state which benefits both the employer and employee; this is through the implementation of the Telecommuting Act or R.A. 11165. However, there are three (3) gaps presented which hinder the achievement of such an ideal state. Various literature studies, data, authorities, and interviews were used to support the arguments at hand, as well as the possible solutions for such problems. First, the Telecommuting Act was not able to provide a proper request procedure for employees, in which employers are obliged to investigate and justify request refusal. With this, the Inclusion of proper ‘Right to Request Flexible Working Arrangements’ provision provides a transparent and reasonable request procedure. Second, working after working hours affects a teleworker’s mental health, which the Telecommuting Act failed to address. With this, the inclusion of a ‘Right to Disconnect’ provision aims to promote and respect employees’ after-working hours. Third, as employers would like to keep track of employee productivity, possible monitoring structures are to be implemented, which may affect the privacy rights of employees. A clear provision in the Implementing Rules and Regulations regarding the requirements for employee monitoring would be vital to the protection of employee privacy rights. This research is significant to the enhancement of the labor industry, as well as to the evolving industrial age.