Fair treatment of WFH employees

To mitigate the adverse effects of traffic congestion in Metro Manila and other urban areas and, at the same time, take advantage of the advances in digital technology, Congress enacted in 2019 the Telecommuting Act (Republic Act No. 11165).

Telecommuting refers to a “work arrangement that allows an employee in the private sector to work from an alternative workplace with the use of telecommunications and/or computer technologies.”

The law allows employers and employees in private businesses to enter into telecommuting arrangements depending on the nature of the work to be done.

Because telecommuting deviates sharply from the traditional employment norm, i.e., employees have to be physically present in the work premises, the law laid down certain rules that would ensure the fair or equitable treatment of employees who avail of this work arrangement.

Based on the experience of countries that have adopted telecommuting as a work process, working from home (WFH) is the most accepted arrangement.

In what may be considered a case of serendipity, this law, which hardly raised a ripple when it was enacted, provided some employers the means to continue to operate their businesses amid the Luzon-wide lockdown imposed by the government to arrest the spread of the new coronavirus disease (COVID-19).

They ordered employees whose work does not require face-to-face interaction with clients or customers and have access to efficient telecommunications facilities to perform their assigned tasks in their homes. With COVID-19 foreseen as a serious health issue in the country in the coming months in spite of the lifting of the lockdown, businesses are gearing for a “new normal” when they resume operations.

Since social distancing, or avoiding close personal contact, is expected to be one of the measures that would be adopted to avoid the recurrence of the disease, WFH arrangements may be resorted to by some businesses.

For one, Ayala Corp., the country’s oldest conglomerate, has announced that up to 40 percent of its full-time employees shall continue to work from home after the lockdown.

Note, however, that a company that wants to adopt this arrangement for its employees has to comply with the applicable rules and regulations of the Department of Labor and Employment (Dole).

At the top of the list is the requirement that it should be voluntary on the part of the employees, or part of a collective bargaining agreement with terms and conditions mutually agreed upon by the parties.A copy of that agreement, whether in print or digital form, should be submitted to the Dole office that has jurisdiction over the employer’s business.The fact that WFH employees do not physically report for work and, in the process, do not incur transportation, food and other related expenses, will not justify the reduction of their compensation benefits in relation to other employees doing similar work in the office.In other words, WFH employees should not be given “second-class citizen” treatment. They should have the same privileges, e.g., overtime pay, rest day and vacation leave, or opportunities for promotion that their office counterpart may be entitled to.

If a WFH employee will have access to or process private or confidential information covered by the Data Privacy Act, the employer is obliged to take all necessary measures to ensure the privacy and security of those data.

In case any differences in the interpretation and implementation of the terms of the WFH arrangement arises, the matter shall be treated as a grievance that shall be resolved through the existing dispute resolution mechanism, if there is any; if there is none, by referring it to the Dole for conciliation or resolution.

Since telecommuting or WFH is a novelty in the Philippines, kinks are expected to arise in its implementation. But with COVID-19 still a serious medical problem without a cure yet, that would be a small price to pay if in return the majority of employees in the private sector are kept safe and healthy. INQ

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