Navigating Remote Work

Author: Atty. Angeli Alyssa S. Andan

Overview

The global lockdown forced all employees to work from home to reduce the spread of the COVID-19 virus. From physical meetings, virtual meetings have been the norm during that time. From seeing their colleagues, employees became stuck in front of their computers, waiting for emails and office calls. Indeed, one of the significant changes in the workforce during the COVID-19 era was the allowance of a work-from-home (WFH) set-up. 

To some, this is better than an on-site set-up given the rising prices of transportation, food, and clothing. To some, however, this is a burden due to the fact that not all employees can afford to buy electronics, work tables and chairs to be able to work remotely. 

State Policy as to Labor

Under Article II, Section 18 of the Constitution, the State affirms labor as a primary social economic force. This is affirmed in Section 2, Republic Act No. 11165 which declares that the State 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 such as telecommuting, and other flexible work arrangements. 

Thus, to better aid the workers, an alternative work arrangement has been permitted in some establishments during the pandemic and even up to this date. 

Rights of Telecommuting Employees

Rightly so, every employer is obliged to give the same fair treatment to telecommuting employees as that of employees working on-site. Section 5 of RA 11165 enumerates the following rights of telecommuting employees:

1. 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 collective bargaining agreements.
2. Have the right to rest periods, regular holidays, and special non working days.
3. Have the same or equivalent workload and performance standards as those of comparable worker at the employer’s premises.
4. Have the same access to training and career development opportunities as those of comparable workers at the employer’s premises, and be subject to the same appraisal policies covering these workers.
5. Receive appropriate training on the technical equipment at their disposal, and the characteristics and conditions of telecommuting.
6. Have the same collectible rights as the workers at the employer’s premises, and shall not be barred from communicating with workers’ representatives.

Although it is a challenge for the employer to monitor every telecommuting employee, one cannot deny that being in a telecommuting arrangement outweighs the costs of going to the employer’s premises. Thus, it is recommended that the employer provide systems to ensure that the employees are able to work from home, to attend virtual meetings, and to comply with deadlines. If done correctly, a work-from-home set-up can promote a healthy work-life balance.

Know your rights as a telecommuting employee with Bais Andan Law Offices. Reach out to us today via email at info@baisandanlaw.com or by phone at +63915 968 2503 or (045) 281 0164.