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Senate invoice seeks to penalize employers requiring workers to work throughout relaxation hours


Sen. Francis Tolentino filed Senate Invoice No. 2475 Z— or the proposed Employees’ Relaxation Legislation — that seeks to guard workers’ relaxation hours and units penalties for employers violating the measure.

In submitting the invoice, Tolentino mentioned that, whereas there have been advantages in  work-from-home and telecommuting preparations, the strains between work and private house and time had “thinned.”

“For example, as an alternative of destressing at house from the pressures of labor, work is now delivered to the staff’ houses or wherever they go. Equally, as a consequence of advances in expertise, workers at the moment are nearly all the time on the beck and name of their employers,” he mentioned within the invoice’s explanatory notice.

“The ability of management of employers now overreaches past working hours by means of the usage of telephone and e-mail,” he added.

He famous that this has change into extra outstanding as extra workers get right into a distant work setup amid the pandemic.

“This invoice defines the remaining hours of workers, and prohibits employers from exacting work or contacting workers, with out the latter’s consent, throughout relaxation hours,” Tolentino mentioned.

“An employer that violates the prohibitions set on this invoice can be penalized with a financial sanction and a effective, or with imprisonment if attended with coercion or resulted in discrimination,” he added.

The invoice covers workers in all institutions and undertakings whether or not for revenue or not. Nonetheless, the measure wouldn’t apply to subject personnel, home helpers, individuals within the private service of one other, and staff “paid by outcomes.”

The measure defines “subject personnel” as “non-agricultural workers who often carry out their duties away from the principal administrative center or department workplace of the employer and whose precise hours of labor within the subject can’t be decided with cheap certainty.”

“The time period shall not embrace workers who’re on a work-from-home association and telecommuting workers as outlined by Republic Act No. 11165, or the Telecommuting Act,” based on the invoice.

The invoice states that an worker’s regular hours of labor shouldn’t exceed eight hours a day until supplied by the Labor Code.

“The hours of labor of workers on a Compressed Workweek association shall not exceed twelve (12) hours a day,” it provides.

In accordance with the invoice,  an worker “might not be compelled to render additional time work,” until in any other case allowed by Part 89 of the Labor Code or until the worker “freely offers their written consent to render additional time work.”

“Any waiver of the best to relaxation hours or any advance consent to carry out additional time work as a situation within the hiring or employment, re-employment, or continued employment shall be void,” it provides.

If the invoice is signed into legislation, employers are prohibited from:

  • requiring the worker to work
  • requiring the worker to be on obligation, to journey, or be at a prescribed place for work or work-related actions, resembling attending seminars, conferences, team-building, and different comparable actions
  • contacting the worker for work and work-related functions by means of telephone, e-mail, message, and different technique of communication, until it’s for the aim of notifying the worker of the need of rendering emergency or pressing work as supplied underneath Article 89 and Article 92 of the Labor Code

“Workers might not be penalized by the employer for not opening or answering communications acquired throughout relaxation hours,” the measure added.

The invoice requires an employer to pay an worker P1,000 per hour of labor rendered in violation of the proposed legislation.

“Substantial proof is ample to show the violation and variety of hours labored,” based on the measure.

The invoice additionally seeks to penalize an offender with imprisonment of not lower than one month and less than six months with a effective of not lower than P100,000 if an worker is “restricted, segregated, or categorized in any approach that may discriminate, deprive, or diminish their employment alternatives, or in any other case adversely have an effect on mentioned worker” on account of asserting the provisions of the measure.

“If the offense is dedicated by a company, belief, agency, partnership, affiliation, or another entity, the penalty shall be imposed upon the responsible officer or officers of such company, belief, agency, partnership, affiliation, or entity,” the invoice mentioned.





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