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Presentation_Telecommuting DO 237-22 nvbversion.pdf

Mar. 29, 2023
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Presentation_Telecommuting DO 237-22 nvbversion.pdf

  1. Department Order No. 237 Series of 2022 Revised Implementing Rules and Regulations of Republic Act No. 11165, otherwise known as the Telecommuting Act DEPARTMENT OF LABOR AND EMPLOYMENT
  2. ADVANTAGES OF TELECOMMUTING • Saves time and money • Reduces greenhouse gas emissions • Enhances quality of life • Increases flexibility • Saves fuel costs • Helps concentration and accomplishment of work without interruption (Source: CISCO FlexibleWork Practices WhatEmployees Needto Know)
  3. # OF ESTABLISHMENTS THAT IMPLEMENTED TELECOMMUTING (08 July 2020 to 31 August 2022) Region Micro Small Medium Large TOTAL % NCR 230 812 315 640 1997 65.97% CAR 10 11 1 1 23 0.76% RO1 11 5 0 3 19 0.63% RO2 7 3 0 0 10 0.33% RO3 19 119 23 278 439 14.50% CALABARZON 19 112 13 20 164 5.42% MIMAROPA 3 3 0 0 6 0.20% RO5 4 8 0 1 13 0.43% RO6 8 15 1 24 48 1.59% RO7 10 103 32 96 241 7.96% RO8 4 2 0 0 6 0.20% RO9 0 3 0 1 4 0.13% RO10 7 11 2 1 21 0.69% RO11 10 13 1 1 25 0.83% RO12 0 5 0 0 5 0.17% CARAGA 2 2 2 0 6 0.20%
  4. # OF WORKERS COVERED BY IMPLEMENTED TELECOMMUTING ARRANGEMENT (08 July 2020 to 31 August 2022) Region Micro Small Medium Large TOTAL % NCR 976 21132 17450 59900 99458 69.22% CAR 80 324 3 177 584 0.41% RO1 77 97 0 38 212 0.15% RO2 47 50 0 0 97 0.07% RO3 108 2324 747 20617 23796 16.56% CALABARZON 147 3098 623 472 4340 3.02% MIMAROPA 51 89 0 0 140 0.10% RO5 50 159 0 2 211 0.15% RO6 24 334 133 750 1241 0.86% RO7 55 3576 2488 6243 12362 8.60% RO8 20 24 0 0 44 0.03% RO9 0 112 0 26 138 0.10% RO10 19 196 145 23 383 0.27% RO11 41 312 157 3 513 0.36% RO12 0 95 0 0 95 0.07% CARAGA 4 53 15 0 72 0.05%
  5. NWPC ONLINE SURVEY ON THE PRODUCTIVITY OF WORK-FROM-HOME ARRANGEMENT • 41% of employers said there was no change in the performance of employees under WFH arrangement • 18% improved performance • 22% worsened performance • 19% don’t know • 46% of employers also said there was no change in their establishment’s productivity • 16% improved performance • 21% worsened performance • 17% don’t know
  6. TELECOMMUTING DISTINGUISHED FROM WFH TELECOMMUTING WFH • Must be with the use of telecommunication and/or computer technologies to be considered as telecommuting • May also be considered as telecommuting if with the use of telecommunication and/or computer technologies
  7. TELECOMMUTING DISTINGUISHED FROM FWA TELECOMMUTING FWA • Flexibility in location of work • Flexibility in schedule • Requires the use of telecommunication and/or computer technologies • Does not require the use of telecommunication and/or computer technologies
  8. NWPC ONLINE SURVEY ON THE PRODUCTIVITY OF WORK-FROM-HOME ARRANGEMENT
  9. ILS INDUSTRY ANALYSIS OF WORK-FROM-HOME Top 5 Perceptions of Respondents on Implementing WFH and Telecommuting: 1. Prevent COVID-19 infection in the workplace; 2. Use technology in business operations; 3. Implement social distancing protocols; 4. Employee function/s are feasible for telecommuting; and 5. Lack of public transportation and company service vehicle.
  10. MANDATORY REVIEW • Tripartite Executive Committee • National Industrial Peace Council
  11. DECLARATION OF POLICY • 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
  12. COVERAGE • Employers and employees in the private sector that implement a telecommuting program.
  13. TELECOMMUTING DEFINED • 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.
  14. APPLICATION OF LABOR STANDARDS/ GUIDING PRINCIPLES ➢ Terms and conditions shall not be less than the minimum labor standards ➢ Non-diminution of benefits ➢ Work performed in the alternative workplace shall be considered as performed in the regular workplace
  15. APPLICATION OF LABOR STANDARDS/ GUIDING PRINCIPLES ➢ All time that an employee is required to be on duty, and permitted or suffered to work in the alternative workplace shall be counted as hours worked ➢ Telecommuting employee are not considered field personnel except when the actual hours of work cannot be determined with reasonable certainty
  16. TELECOMMUTING PROGRAM: ADOPTION AND FORM • Adoption ➢ Offer of employer ➢ Proposal of employee • Form ➢ Separate policy ➢ Incorporated into existing policy or employment contract ➢ Any other form
  17. CONTENT OF TELECOMMUTING PROGRAM ➢ Eligibility ➢ Alternative workplace/s ➢ Telecommunication and computer technology ➢ Occupational Safety and Health ➢ Performance evaluation ➢ Code of Conduct ➢ Data protection, confidentiality, and security ➢ Emergency Protocols ➢ Duration ➢ Dispute resolution
  18. FAIR TREATMENT ✓ Compensation & monetary benefits ✓ Rest days, regular holidays, & special non-working days ✓ Workload & performance standards ✓ Training & career development opportunities, appraisal policies ✓ Training on technical equipment & characteristics & conditions of telecommuting ✓ Collective rights
  19. TELECOMMUTING: IMPLEMENTATION AND ADMINISTRATION • Facilities, equipment, and supplies ➢ Ordinary and necessary costs • Responsibility of the parties • Grievances and grievance machinery • Unresolved grievances ➢ Conciliation or mediation (DO 151-16) ➢ Voluntary arbitration
  20. NOTICE, MONITORING AND REPORTING • DOLE Establishment Report System (https://reports.dole.gov.ph/)
  21. THANK YOU DEPARTMENT OF LABOR AND EMPLOYMENT www.dole.gov.ph www.bwc.dole.gov.ph www.fb.com/laborandemployment www.fb.com/BWC1949 (02) 8527 3000 1349
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