Republic of the Philippines

DEPARTMENT OF LABOR AND EMPLOYMENT

(CO
SOCOTEC

Intramuros, Manila 11104001

4 44 4, 27 ,0 4.

DEPARTMENT ORDER NO. 237

Series of 2022

REVISED IMPLEMENTING RULES AND REGULATIONS

OF REPUBLIC ACT NO. 11165, OTHERWISE KNOWN AS
THE "TELECOM MUTING ACT'

These Revised Implementing Rules and Regulations of Republic Act No.

11165 are hereby issued pursuant to the rule-making authority of the Secretary of
Labor and Employment under Section 9 of the Act and under Article 5 of the Labor
Code, as amended:

Section 1. Declaration of Policy. — It is hereby declared the policy of the

State to affirm labor as a primary social economic force. To this end, it shall protect
the rights of workers and promote their welfare, especially in the light of technological
development that has opened up new and alternative avenues for employees to carry
out their work, particularly telecommuting, and other flexible work arrangements.

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.

Section 2. Coverage. — These Revised Rules shall apply to employers and

employees in the private sector that implement a telecommuting program.
Section 3. Definition of Terms. — As used herein, the following terms shall
mean:
(a)Alternative workplace refers to any location where work, through the use of
telecommunication and/or computer technology, is performed at a location
away from the principal place of business of the employer, including but not limited
to the employee's residence, co-working spaces, or other spaces that allow for
mobile working.
(b) Computer technology refers to all electronic media and services, including
computers, software, electronic mail, telephones or mobile phones,
voicemail, facsimile machines, online services, and the internet.
(c)Regular workplace refers to the principal place of business or any branch
office or physical premises established or provided by the employer where
employees regularly report to or perform work.
(d)Telecommunication refers to a process of relaying and receiving voice, data,
electronic messages, written or printed matter, fixed or moving pictures, words,
music or visible or audible signals or any control signals of any design or for any
purpose by wire, radio or other electromagnetic, spectral, optical or technological
means.
(e)Telecommuting refers to a work arrangement that allows an employee to
work from an alternative workplace, in whole or in part, with the use of
telecommunication and/or computer technologies.
 (f)Telecommuting agreement refers to the agreement voluntarily entered into
between the employer and the employee or a group of employees to implement
a telecommuting program in accordance with these Revised Rules.
(g)Telecornmuting employee refers to a person who is on telecommuting.
(h)Telecornmuting program refers to the set of voluntarily agreed policies and
guidelines adopted in accordance with these Revised Rules, any applicable
collective bargaining agreement (CBA) or employment contract, or other
company rules or regulations that allows an employee to work from an
alternative workplace.
Section 4. Application of labor standards to telecommuting; guiding
principles. — The terms and conditions of telecommuting 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,
individual contract, or collective bargaining agreement.
Work performed in an alternative workplace shall be considered as work
performed in the regular workplace of the employer.

In accordance with the rules on working hours under Book III, Title I of the
Labor Code, 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.
Telecommuting employees are not considered field personnel except when
their actual hours of work cannot be determined with reasonable certainty.
Nothing herein shall be construed as a limitation on the right of employers
and employees to agree on hybrid arrangements where work can be performed in
both the regular and alternative workplace, or to compressed workweek or staggered
working time arrangements, or to other recognized forms of flexibility. Such
arrangements may be incorporated in the telecommuting program.
Section 5. Telecommuting program; form — Subject to the immediately
preceding section, an employer may offer its employees, on a voluntary basis, a
telecommuting program upon such terms and conditions as they may mutually agree
upon. Any employee or group of employees may also propose a telecommuting
program to the employer.
The telecommuting program may be in the form of a separate policy, or
incorporated into existing policies or employment contracts, or in such other form as
is convenient to the parties; provided that in every case there is evidence that the
employer and the employees voluntarily agreed to adopt the program.
Section 6. Content of telecommuting program. The telecommuting
program shall contain provisions as are reasonably necessary or relevant to ensure
its effective implementation, including but not limited to provisions on the following:
(a) Eligibility — job qualification (educational attainment, work experience,
training, soft skills, and digital skills), nature or functional areas of work
or projects (e.g., research and development, product design and
development, sales and customer support, marketing and brand
management, corporate communication and social media marketing,
finance and administrative functions/task, financial management,
accounting, audit, controllership, human resource management, IT and
related works, and executive functions/tasks) and roles or positions
 suitable for telecommuting], logistical requirements (minimum
specification or requirements of computer hardware and software and
Internet bandwidth, access to host applications, and other applicable
equipment and supplies, as deemed necessary), personal
circumstances (age, pregnancy, health condition, disability), and
performance (performance rating for the previous rating periods).
(b)Alternative workplacels — acceptable alternative workplaceis for
telecommuting, including provisions for telecommunication, computer technology,
facilities, and equipment.
(c)Telecommunication and computer technology — minimum requirements
of computer hardware and software, such as terminals, host applications,
internet connectivity and security, and other applicable equipment and
supplies.
(d)Occupational Safety and Health (OSH) — OSH standards, such as
ergonomics, good housekeeping, light, sound, and temperature control, and
mental health programs, as reasonably necessary, including the physical and
mental well-being of employees.
(e)Performance evaluation — common performance standards for
telecommuting employees and comparable employees at the employer's
premises method and manner of performance evaluation and monitoring,
appropriate means of communicating feedback to the concerned employee,
and immediate interventions to address performance issues.
(f)Code of Conduct — appropriate work standards, such as attendance,
appearance and demeanor during virtual meetings, submission of
accomplishment reports, and measures to ensure compliance.
(g)Data protection, confidentiality, and security — standards to protect personal
information, sensitive personal information, and other proprietary information
utilizing available technologies that promote data protection, confidentiality, and
security pursuant to Republic Act No. 10173 or the Data Privacy Act of 2012, its
Implementing Rules and Regulations, and other pertinent issuances of the
National Privacy Commission.
(h)Emergency Protocols — measures to address device breakdown, poor internet
connection, power interruption, weather disturbances, and other related events and
similar circumstances.
(1) Duration — date of effectivity and duration of the telecommuting, such
as termination or change of work arrangement due to employee's
request, business necessity, or change in operation, including reversion
to previous work arrangement sans renewal or extension.
U) Dispute resolution — grievance machinery to resolve all grievances
arising from the implementation and enforcement of the telecommuting
program, which shall include an agreement for referral to voluntary
arbitration.
Section 8. Fair Treatment. — The employer shall ensure that telecommuting
employees are given the same treatment as those comparable employees working at
the employer's regular workplace. All telecommuting employees shall be covered by
the same set of applicable rules or company policies, or by an existing CBA, if any.
They shall also:
 (a)Receive a rate of pay, including overtime and night shift differential, and other
similar monetary benefits not lower than those provided in applicable laws,
and/or CBA for authorized hours of work at home or an alternative workplace
in accordance with the telecommuting agreement;
(b)Have the right to rest days, regular holidays, and special non-working days;
(c)Have the same or equivalent workload and performance standards as those of
comparable workers at the employer's premisesi provided that the parties may
mutually agree to different performance standards that may be more appropriate
given the location of the employee is not at the premises of the employer;
(d)Without additional cost, have the same access to training and career
development opportunities as those of comparable workers at the
employers premises, and be subject to the same appraisal policies covering
these workers, including the qualification provided on the preceding item;
(e)Without additional cost, receive appropriate training on the technical
equipment at their disposal, and the characteristics and conditions of
telecommuting; and
(f) Have the same collective rights as the workers at the employer's premises
and shall not be barred from communicating with workers' representatives.
The employer shall also ensure that measures are taken, as much as
reasonably possible, to prevent the telecommuting employee from being isolated
from the rest of the working community in the company by giving the telecommuting
employee the opportunity to meet, physically or through telecommunication, with
colleagues on a regular basis and, when practicable, allow access to the employer's
premises and company information.
Section 9. Implementation and administration of telecommuting. —
Facilities, equipment and supplies necessary to implement a telecommuting program
and to enable the employee to perform his or her work in an alternative workplace,
including expenses for the acquisition, proper handling, usage, maintenance, repair,
and return thereof, are considered ordinary and necessary costs of the business of
the employer.
The parties to telecommuting shall be primarily and jointly responsible for its
administration. Differences arising from the implementation or interpretation of a
telecommuting program shall be treated as grievances which shall first be resolved
through the grievance mechanism established under the program, company policy or
CBA. In the absence of a grievance mechanism, the parties shall endeavor to resolve
the differences through dialogue and consultation.
In case of unresolved grievances, the parties may request assistance from
the Regional or Field Office of the Department of Labor and Employment which has
jurisdiction over the regular or the alternative workplace, for conciliation or mediation
in accordance with Department Order No. 151, Series of 2016. The parties may also
submit an unresolved grievance to voluntary arbitration.
Section 10. Notice, Monitoring and Reporting. The employer shall notify
—

the DOLE of the implementation of telecommuting through the Establishment Report

System (https:/Ireports.dole.gov.ph/). It shall include in the notice all branches,
satellite offices, or similar operational units, if any, implementing telecommuting.

k4
 Employers shall keep and maintain the documents proving that the parties
voluntarily adopted telecommuting for at least three (3) years as part of their records.
Section 11. Effect on Existing Company Practice, Policy or Agreement.
— The terms of any similar voluntary agreement between an employee and an
employer, such as existing company practice or policy allowing work from home or
similar arrangements providing substantially similar or higher benefits, shall be
respected and shall continue to be effective, unless these are not in conformity with
these Revised Rules.
Section 12. Separability Clause. — if any provision of these Revised Rules is
declared unconstitutional, the remaining provisions not affected shall remain in full
force and effect.
Section 13. Repealing Clause. — DOLE Department Order No. 202, Series
of 2019, is hereby superseded. All other orders, rules and regulations, and other
issuances or parts thereof which are contrary to or inconsistent with these Revised
Rules are likewise deemed superseded, amended, or modified accordingly.
Section 14. Effectivity. — These Revised Rules shall take effect fifteen (15)
days after its publication in a newspaper of general circulation.

Manila, Philippines, 16 September 2022.

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BIENVE D / O E. UESMA
Secretary