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As most industries will be partially re-open during the MECQ in NCR, below is a quick recap of DOLE’s IRR for work from home arrangements (also called “telecommuting”) between employers-employees, which was issued even before the COVID-19 pandemic.
Terms and Conditions – A telecommuting program may be offered voluntarily by an employer in the private sector or may be the result of collective bargaining. In any case, the terms and conditions of the program must be mutually agreed upon, and must meet the minimum labor standards set by law (i.e. compensable work hours, minimum number of work hours, overtime, rest days, entitlement to leave benefits, social welfare benefits, and security of tenure).
Termination/Change in Work Arrangement – The employer or employee may terminate or change the telecommuting work arrangement, in accordance with the policy or agreement, without cause to the employee and without prejudice to the employment relationship and working conditions of the employee.
FAIR TREATMENT AMONG ALL EMPLOYEES
The employer must give the same treatment to telecommuting employees as that of employees working at the usual workplace. Telecommuting employees shall:
- Be covered by the same company rules and existing CBA;
- Receive a rate of pay, including overtime and night shift differential, and other monetary benefits not lower than provided by law and/or CBA;
- Have rest days, regular holidays, and special non-working days;
- Have equivalent workload and performance standards as those of comparable workers at the usual workplace, provided the parties have not mutually agreed to use different performance standards;
- Have the same access to training and career development opportunities as those of comparable workers at the usual workplace, without additional cost and subject to the same appraisal policies;
- Receive appropriate training on technical equipment at their disposal, and characteristics and conditions of telecommuting, without additional cost;
- Have the same collective rights as workers at the usual workplace, including access to safety and health services when necessary;
- Have the opportunity to meet with colleagues on a regular basis and access to the regular workplace and company information to prevent isolation from the company’s community.
Employer’s Responsibilities – The employer must strictly take the appropriate measures to ensure the protection of data used and processed by the employee/s for work, and inform the telecommuting employee of all relevant laws and company rules about data protection. Moreover, the employer can take certain measures (i.e. disabling hardware, USB access, external cloud-based storage, etc.) as may be needed.
Employee’s Duty – The employee shall commit to the company’s data privacy policy and ensure that confidential and proprietary information are protected at all times and utilized only for work.
NOTICE BY EMPLOYER
The employer shall notify DOLE on the adoption of a telecommuting arrangement by accomplishing and submitting the proper report form to the nearest DOLE Field or Provincial Office. In case the employer has branches outside the region of the principal office, each branch must likewise submit its respective report form.
by:
Emem Flores
question po wfh po kame ngayon. binalik na rin ang salary namin ang kaso finoforce kame na nag salary for boosting ng fan page ng bawat agent. tama po ba un?
hello Sir/ Maam,
Im currently on a work from home arrangement but i was informed that i have to report back to office in a weeks time. But i just found out that my other colleagues would still be on a work from home arrangement and i find it very unfair. Can I refuse to go back to the office?
Last August 26, 2022 my CPU was pulled out for repair. I was not able to work from August 28 to present. Our company said it’s No Work No Pay which I find very unfair kasi I am not at fault here if my equipment is not working properly. I have read somewhere about this law which states that when it comes to scenarios wherein an employee is not at fault for not being able to work due to equipment issues, we are still going to get paid. Please enlighten me on this
Ever since COVID19, we have been working from home since then. Last Wednesday, December 30,2020, my CPU was pulled out for repair. I was not able to work from December 30,2020 to January 4,2021. Our company said it’s No Work No Pay which I find very unfair kasi I am not at fault here if my equipment is not working properly. I have read somewhere about this law which states that when it comes to scenarios wherein an employee is not at fault for not being able to work due to connection issues, slow to no internet connection or equipment issues, we are still going to get paid. Please enlighten me on this
Is there any ammendment on this law imposing 100% of workforce to be at “work from home” alternative?
Im currently on a work from home arrangement but I am being pressured to report back to the office due to one aspect of our KPI even though I’m still getting a passing score on a month to month . They’re making working from home be based on accuracy score when the only requirement before was internet connection, and a quiet working environment. Also it should be noted that from the beginning of our work from home up until now, we have an ongoing system issue that I believe affects your accuracy on the call. I’m a high risk individual and working from home is an advantage for me. I find it very unfair. Can I refuse to go back to the office? Can I file a complaint against the account or the company for allowing this rule. Desperately need your advice on this. Thank you.
Hi po I just want to ask or consult something that if they want to use face cam while working is it too much for our privacy?
What i want to know is whether or not an employee working from home is entitled to demonetization of sick leave and vacation leave for the year as is the regular practice of the company before the pandemic
I am willing to go back to the office after almost 2 years of work from home but because of the increasing fare it is unbearable for me to incure more expenses since half of my net home take was taken for transport expenses and food in coming to work….. Is this a valid reason to ask for a work from home setup since my employer has not yet decided to give an increase….FYI im just a minimum wage earner… 404 per day…please your ideas and suggestions
thanks
Can my employer force m to still work on a graveyard shift though theres already a medical Certificate that recommend dayshift work due to heart failure? Or can it be taken against me if I refuse to work at graveyard shift? I’m a work at home employee.
WFH setup. Remote employee for more than 2 years. US employer. Works 7 days w/ no restdays but paid w/ OT. Terminated for just cause – absences and tardiness which I have served sanctions for 2 separate dates w/o pay. Was released without written notification and when asked for the alleged inconsistencies and cause, said it was no longer necessary. Would like to contest the dismissal/termination. Did not receive any christmas bonus, referral bonus and a held promised rate per hour increase. Looking for someone to look into this for guidance. Many thanks.
Ask ko lang po entittle po ba na pwde mag work from home ang rank and file kpag private company and ask ko lang po ksi gagawa palang sila nang company policy na hindi pwde mag work from home ang rank and file khit nag paalam na sa boss department and hr
Plusyung company namin ay lumalaganap na ang sakit wla pa po silang ginagawa upang mapuksa dhil hawa hwa na dun sa loob nang company my sipon ubo. Gnun po there a law po ba thank u