The authors of the Telecommuting Act in Congress, more popularly known as the Work-from-Home (WFH) law, probably never imagined that it would become the norm for many businesses the way it is now because of pandemic-induced lockdowns.
Enacted back in December 2018, the law has allowed many businesses to continue operations and productivity with very minimal disruptions since quarantine measures were first imposed over a year ago.
The government mandated the adoption of WFH arrangements in workplaces to every extent possible during the pandemic. While it kept the industries and the economy afloat, WFH has also exposed many workers to discrimination and labor violations, which both the Labor department and Congress should look into. After all, the pandemic is far from over and WFH arrangements would continue to impact business operations and workers for the foreseeable future.
There have been many complaints from WFH workers who have been made to work longer hours without being duly compensated, like working beyond the normal eight hours a day without getting overtime pay, or working during weekends, days off and holidays without getting additional pay.
Many WFH workers have had to pay for additional expenses like electricity consumption, necessary equipment and Internet connection out of their own pockets, without the additional income or reimbursements to cover said expenses.
Other WFH challenges include increased stress and disturbed mental health. Spending time online, in front of a screen or even several screens beyond normal work hours, blurring the lines between work and personal life, are taking their toll on workers’ well-being.
WFH has not been the dream experience many believe it is, and surely not the vacation the Palace spokesman once alluded to.
It is real work, in many cases more tedious and more stressful.
Most WFH workers just “grin and bear it” because they are afraid to complain, worried as they are about job security during the pandemic. They are confronted with news of layoffs and retrenchments every day. They feel they have no right to complain for as long as they still have a job.
However, the Telecommuting Act or Republic Act 11165 clearly states that WFH workers should be treated like regular workers in offices or in the traditional setup.
The law says WFH workers have the same rights as on-site workers.
They are entitled to overtime pay, holiday pay, night differential and other monetary benefits.
They have the right to rest days and leave benefits.
They are covered by the same set of applicable rules and collective agreements like on-site workers.
They should be given the same or comparable workload and performance standards as on-site workers. And they should have the same access to training and career development opportunities.
In a nutshell, the law says WFH workers should be treated like the same workers who were reporting to their offices before this pandemic struck. Their status did not change when they were made to work from home.
If they were paid overtime when they worked beyond eight hours before, if they were entitled additional payments when they worked during holidays, weekends and days off, then they should still be getting the same benefits now as WFH workers. The longstanding principle of “a fair day’s wage for a fair day’s work” must be upheld. There should be no diminution of benefits.
Already, some legislators are looking to amend the WFH law in order to incorporate the lessons learned from its implementation during the pandemic.
Several bills have been filed to expand the coverage of the Telecommuting Act and provide incentives for WFH workers, which include tax exemptions for them and requiring employers to reimburse them for certain expenses incurred in order to telework, such as cell phone and high-speed Internet charges and necessary equipment purchases.
These are all proposals worthy of consideration, the financial constraints on business notwithstanding. But even without further amendments, the law should be sufficient to ensure that WFH workers are treated fairly, that is, if it is properly implemented. Hence, the Labor department has to be stricter in implementing the WFH law.
The pandemic has certainly gutted many businesses and continues to pose real challenges to those that have survived thus far against all odds. Still, employers should follow the law and not deprive WFH workers their rights and benefits. They should recognize WFH workers for their hard work and the contributions they have made to their respective businesses, logistical restrictions notwithstanding.