It could be illegal for employers to contact their employees after working hours if House Bill 10717 is enacted.
The “Workers’ Rest” bill filed by Rep. Joaquin Chipeco (Calamba City) on January 27 aims to clarify the “rest hours” of employees to promote their welfare. Bosses who violate it will also be punished.
“The advent of instant messaging and many other means of speedy communications has gradually eroded the personal space of the individual employee,” said Chipeco in his explanatory note.
“The ascendancy of the digital technology, triggered to a great extend by the [COVID-19] pandemic, has practically blurred the delicate line between the home and the workplace so much so that many employees have been reduced to an ‘on call’ status at practically any time of the day.”
The following would be prohibited if the “Workers’ Rest” bill becomes a law:
- requiring the employee to work outside of work hours
- requiring the employee to be on duty, to travel, to be assigned to a place in connection with work outside of work hours
- contacting the employee for work and work-related purposes using telephone, e-mail, message etc. communication outside of work hours unless the employee is notified in connection with the emergency or urgent work set forth in Article 89 and Article 92 of the Labor Code
- punishing the employee who does not respond to communication during rest hours
In some studies, it appears that many workers (especially those work-from-home) work excessively for the maximum hours of work required by law under the “new normal.”
According to the legislator, this will not be good for the employees’ mental health and will also affect their solidarity with their families.
Even before the COVID-19 pandemic, many countries, especially in Europe, enforced “right to disconnect” laws such as:
- France
- Portugal
- Italy
- Slovakia
- province of Ontario in Canada
Bill preventing employers to email, call outside work hours filed
Section 5 of the measure defines “rest hours” as time outside of an employee’s hours of work: “An employee may not be compelled to render overtime work unless otherwise allowed by Sectiion 89 of the Labor Code of the Philippines or unless the employee freely gives their written consent to render overtime work.”
Also void under the measure are “waivers” on rest hours or any advance consent to perform overtime work as a condition of employee hiring, re-employment or continued employment.
The said employees should be entitled to penalty payment under paragraph 1, Section 6 of the bill for the hours worked.
If enacted, violators of the provisions of HB 10717 will be fined P1,000 per hour violated by the employee. Such payments will be given to the employee.
Grave Coercion under Article 286 of Act 3815 or the Revised Penal Code can prosecute those who use force to violate Section 5 of the measure: “[It is] with the penalty next higher in degree imposed.”
An offender may be imprisoned for not more than six months and fined at least P100,000 once employees who assert their rights in connection with the measure experience discrimination or punishment.
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