DOLE signed an order to support WFH scheme!

DOLE encouraged private establishments to continue adopting remote work schemes, provided they are mutually agreed upon by employers and employees.

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Work done at home is the same as work done in the office

In April, we had a report that the government wanted the business process outsourcing (BPO) industry to return to the office. Finance Secretary Carlos Dominguez III explained that the work-from-home arrangement—allowed at the height of COVID-19 infection surges—had been "only a time-bound temporary measure".

But now, it seems that WFH is being pushed due to heavy traffic in the metro. In Department Order No. 237 signed by Labor Secretary Bienvenido Laguesma, there are revised implementing rules and regulations of the telecommuting law, or Republic Act No. 11165. 

For two months, the labor department consulted various sectors and decided to expand the work-from-home scheme. The National Tripartite Industrial Peace Council, a consultative body presided by the labor secretary and composed of labor and employer representatives, also supported the decision. 

Laguesma said that the revised rules address issues and concerns of the telecommuting sector. According to DOLE, it was in favor of work-from-home schemes by adding,

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.

The terms and conditions of work-from-home stated that it "shall not be less than the minimum labor standards, and shall not in any way diminish or impair the terms or conditions of employment contained in any applicable company policy or practice."

Moreover, the order dictates that the work performed in an alternative work will be considered as work performed in the regular workplace of the employer. Under the revised rules, telecommuting workers are not considered field personnel, except when their actual hours of work cannot be determined with appropriate certainty.

DOLE also emphasized that employers shall guarantee that telecommuting employees are given the same treatment as those comparable employees working at the employer's regular workplace. 

This means they will receive benefits or incentives like night differential pay, overtime pay, authorized hours of work; right to rest days, regular holidays, and special non-working days.

What do you think?

Source: DOLE