Telecommuting Agreement - Template, Sample Form Pro · PH-law
✓ Valid in Philippines · drafted to comply with local law
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TELECOMMUTING AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This Telecommuting Agreement (the "Agreement") is made and executed this ________ day of ________, 20________ at City/Municipality of ________, Province of ________, by and between:
________, a corporation duly organized and existing under the laws of the Republic of the Philippines, with principal address at ________, represented herein by its duly authorized representative ________, who holds the position of ________, hereinafter referred to as the "EMPLOYER";
- AND -
________, Filipino, of legal age, with postal address at ________, hereinafter referred to as the "EMPLOYEE."
(The EMPLOYER and the EMPLOYEE are hereinafter collectively referred to as the "Parties" and individually as a "Party.")
WITNESSETH: That —
WHEREAS, the EMPLOYEE is currently employed with the EMPLOYER in the position of ________;
WHEREAS, the EMPLOYEE's duties and responsibilities are of a nature that can be performed through a telecommuting arrangement;
WHEREAS, the Parties desire to enter into a voluntary telecommuting arrangement consistent with Republic Act No. 11165 (the "Telecommuting Act"), its Implementing Rules and Regulations under Department Order No. 202, Series of 2019 of the Department of Labor and Employment, the Labor Code of the Philippines (Presidential Decree No. 442, as amended), the Civil Code of the Philippines (Republic Act No. 386), and Republic Act No. 10173 (the "Data Privacy Act of 2012");
NOW THEREFORE, for and in consideration of the foregoing premises and of the mutual covenants and stipulations hereinafter set forth, the Parties hereby voluntarily agree to enter into a telecommuting arrangement under the following terms and conditions:
Art. I. PERIOD.
The telecommuting arrangement shall be effective from ________ until ________, unless earlier terminated, extended, or renewed in accordance with this Agreement and upon mutual written consent of the Parties. This arrangement is voluntary and shall not, in any manner, alter, diminish, or impair the existing terms and conditions of the EMPLOYEE's employment.
Art. II. WORKPLACE AND SAFETY.
§1. The EMPLOYEE shall perform the telecommuting assignment in the following location(s) (the "alternative workplace"):
________
§2. The EMPLOYEE shall keep the alternative workplace safe and free from hazards and other dangers to the EMPLOYEE and to any of the EMPLOYER's equipment. The EMPLOYER's safety policies and those for occupational safety and health pursuant to Republic Act No. 11058 and its Implementing Rules and Regulations shall be complied with during the telecommuting assignment.
§3. The EMPLOYEE shall notify the EMPLOYER of any injury sustained in conjunction with regular work duties while at the alternative workplace, in the same manner as if the injury had occurred in the EMPLOYER's premises.
§4. Any work to be performed in a location other than the alternative workplace shall require the prior approval of the EMPLOYEE's supervisor.
Art. III. SCHEDULE.
§1. The EMPLOYEE shall report for work in the alternative workplace during the assigned business hours of ________ to ________ on the following days:
________
§2. The EMPLOYEE shall report for work in the regular workplace during the assigned business hours of ________ to ________ on the following days:
________
§3. The EMPLOYEE's lunch break shall be from ________ to ________.
§4. When required, the EMPLOYEE shall physically report to the EMPLOYER's regular workplace.
§5. Notwithstanding performance of duties in the alternative workplace, the EMPLOYEE shall be entitled to weekly rest days, regular holidays, special non-working days, service incentive leave, and all other statutory benefits under the Labor Code of the Philippines and applicable law, on the same terms as comparable employees working at the EMPLOYER's premises.
§6. Any change in schedule initiated by the EMPLOYEE shall require the prior approval of the EMPLOYEE's supervisor.
§7. The EMPLOYEE shall seek the approval of the EMPLOYER for the use of any sick leave, vacation leave, or other leave credits in the same manner as if reporting at the EMPLOYER's regular workplace.
Art. IV. TIMEKEEPING.
The EMPLOYEE shall keep an accurate record of time worked using the EMPLOYER's timekeeping software, which record shall be reviewed and approved by the EMPLOYEE's supervisor. Overtime work shall be rendered only with prior written authorization of the EMPLOYER and shall be compensated in accordance with the Labor Code of the Philippines.
Art. V. COMMUNICATION.
§1. During business hours, the EMPLOYEE shall be available by telephone, instant messaging, electronic mail, and such other forms of communication as the EMPLOYER may reasonably require for purposes of communication, reporting, or addressing concerns.
§2. The EMPLOYEE shall, within reason, promptly respond to all communications received during business hours, and all electronic mail received shall be acknowledged within one (1) business day from receipt.
§3. All physical interactions with clients, suppliers, and other third parties, including meetings, shall be conducted at the client's office or at the EMPLOYER's premises.
Art. VI. DUTIES AND RESPONSIBILITIES.
The duties and responsibilities of the EMPLOYEE shall continue to be the same as those agreed upon in the existing employment agreement and applicable company issuances.
Art. VII. COSTS AND EQUIPMENT OF THE EMPLOYER.
§1. The EMPLOYER agrees to provide and/or pay for the following during the term of this Agreement:
________
§2. The EMPLOYEE understands and acknowledges that any equipment provided by the EMPLOYER and assigned to the EMPLOYEE shall remain the exclusive property of the EMPLOYER. Such equipment shall be subject to the EMPLOYER's policies on audit, maintenance, repair, reconfiguration, and similar measures, and the EMPLOYEE shall have no expectation of privacy in the use of said equipment, subject to the Data Privacy Act of 2012.
§3. In case of loss of or damage to any equipment assigned to the EMPLOYEE, the following shall apply:
________
Art. VIII. DATA PRIVACY AND USE OF EQUIPMENT.
§1. The EMPLOYEE shall not install or make use of any unauthorized and/or illegal downloads of applications, programs, torrents, or similar materials on any of the EMPLOYER's equipment.
§2. The EMPLOYEE shall not store any of the EMPLOYER's digital files on external storage media or unauthorized software.
§3. The EMPLOYEE is prohibited from using the EMPLOYER's equipment for the following:
________
§4. The EMPLOYER's equipment shall be used only for authorized purposes; provided, however, that the EMPLOYER acknowledges occasional personal use as follows:
________
§5. All allowable personal use shall remain subject to the prohibitions set forth herein.
Art. IX. COMPANY POLICIES AND CODE OF CONDUCT.
The EMPLOYEE shall conform to and remain subject to the same rules, regulations, policies, and Code of Conduct as if working at the EMPLOYER's premises.
Art. X. PERFORMANCE STANDARDS.
The EMPLOYEE shall be subject to the same performance standards as comparable employees who are not under a telecommuting arrangement, consistent with the principle of fair treatment under the Telecommuting Act.
Art. XI. COMPENSATION AND BENEFITS.
Art. XII. RETURN OF EQUIPMENT AND COMPANY PROPERTY.
§1. Upon the termination or expiration of this Agreement, or upon the request of the EMPLOYER, the EMPLOYEE shall immediately return all equipment, documents, records, materials, and any other property belonging to the EMPLOYER that were provided to or in the possession of the EMPLOYEE in connection with the telecommuting assignment.
§2. All equipment and company property shall be returned in good working condition, subject only to reasonable wear and tear. Any loss of or damage to such equipment or property shall be governed by Article VII of this Agreement.
Art. XIII. TERMINATION OF THE TELECOMMUTING ARRANGEMENT.
§1. Upon evaluation, either the EMPLOYER or the EMPLOYEE may terminate or modify the telecommuting arrangement if:
1. there is a decrease in the EMPLOYEE's productivity;
2. there are communication issues with the EMPLOYEE; or
3. there is failure to comply with the terms and conditions of this Agreement.
§2. Any proposed modification to or termination of the telecommuting arrangement shall be made by giving written notice of ________ before the proposed modification or termination takes effect.
§3. The modification or termination of the telecommuting arrangement shall not prejudice the employment relationship or the working conditions of the EMPLOYEE, nor shall it entail any cost to the EMPLOYEE. The reversion to working at the EMPLOYER's premises shall not constitute a constructive dismissal or a diminution of benefits.
§4. Nothing herein shall be construed to limit the rights of the Parties under the Labor Code of the Philippines concerning the security of tenure and the lawful causes and procedures for termination of employment.
Art. XIV. GRIEVANCE PROCEDURE.
Any disagreement in the interpretation or administration of this Agreement shall first be resolved through the EMPLOYER's grievance procedure. Should the same remain unresolved, the matter shall be referred to the appropriate mechanism under the Labor Code of the Philippines and the rules of the National Conciliation and Mediation Board or the National Labor Relations Commission, as applicable.
Art. XV. NON-DISCLOSURE.
The EMPLOYEE shall not divulge to any third party any part of this Agreement, including salaries and other remunerations, unless required by law, statute, or any competent authority.
Art. XVI. CONFIDENTIALITY.
The EMPLOYEE understands and acknowledges that all records, documents, and other information, whether written or otherwise, are confidential and shall not be disclosed during and after the EMPLOYEE's employment with the EMPLOYER, save where disclosure is required by law or competent authority.
Art. XVII. SEVERABILITY.
The invalidity of any portion of this Agreement shall not affect the validity of any other provision. Should any provision be held invalid, the remaining provisions shall remain in full force and effect as if executed subsequent to the expungement of the invalid provision.
Art. XVIII. GOVERNING LAW AND VENUE.
This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any action arising from or in connection with this Agreement that is properly cognizable by the regular courts shall be brought exclusively before the competent courts of ________, without prejudice to the exclusive original jurisdiction of the appropriate labor tribunals over labor disputes.
Art. XIX. ENTIRETY OF AGREEMENT.
This Agreement, together with its attachments, represents the entire agreement between the Parties on the subject matter hereof and supersedes all prior negotiations, representations, and agreements, whether oral or written. No amendment hereto shall be valid unless made in writing and signed by both Parties.
IN WITNESS WHEREOF, the Parties have hereunto affixed their signatures on the date and at the place first above written.
________
Employer
by:
________
________
________
Employee
SIGNED IN THE PRESENCE OF:
________ ________
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
PROVINCE OF ________ )
CITY OR MUNICIPALITY OF ________ ) S.S.
BEFORE ME, a Notary Public for and in ________, this ________ day of ________, 20________, personally appeared the following persons:
1. ________, as the duly authorized representative of ________, with the following competent proof of identification: Driver's License with number ________ which expires on ________; and
2. ________, with the following competent proof of identification: Driver's License with number ________ which expires on ________,
known to me and to me known to be the same persons who executed the foregoing Telecommuting Agreement, constituting ________ pages, including this page on which the acknowledgment is written, and they acknowledged to me that the same is their free and voluntary act and deed, as well as that of the entity they respectively represent.
WITNESS MY HAND AND SEAL on the date and at the place above written.
NOTARY PUBLIC
Doc. No. ________;
Page No. ________;
Book No. ________;
Series of ________.
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