By Gerardo Maximo Francisco on May 6, 2021

Where feasible, employers are mandated to implement work-from-home (WFH) arrangements to help prevent and control the spread of the coronavirus disease 2019 (Covid-19) (Department of Trade and Industry and Department of Labor and Employment Interim Guidelines on Workplace Prevention and Control of Covid-19, April 30, 2020). In compliance, employers in the National Capital Region have been living with WFH arrangements for over a year now.

WFH, also known as telecommuting under the Telecommuting Act (Republic Act 11165 signed on Dec. 20, 2018), is defined as “a work arrangement that allows an employee in the private sector to work from an alternative workplace with the use of telecommunication and/or computer technologies.”

This article discusses some of the main challenges in implementing WFH arrangements and what considerations should be made to address and manage them, and quotes extensively from the publication by the International Labor Organization (ILO), a United Nations agency, of “An employers’ guide on working from home in response to the outbreak of Covid-19” [Geneva: International Labor Office, 2020ISBN9789220322536 (webPDF)](‘ILO Guide’).

Productivity

A major concern of employers who have adopted WFH is the productivity of employees while at home (Some employers wonder ‘are they working at all?’ while others are more concerned with ‘are they working efficiently?). The ILO guide opines: “Well managed remote teams can be far more productive than physically managed workers as companies are required to measure productivity by objective metrics than the physical presence of‘time in the building.’ […] Choosing the most impactful and qualitative metrics is key. […] Performance is best determined by outcomes, and whether a worker is meeting measurable benchmarks or goals.”

“Five elements to consider in measuring remote workers’ productivity include:

• Set and communicate clear goals and deadlines in the same way with workers in a physical workspace.
• Form plans to increase accountability.
• Analyze important tasks and track progress on a timebound basis.
• Evaluate quality and quantity instead of time worked–shift the metrics to ‘tasks accomplished and their quality’ versus ‘hours spent.’
• Track achievements.”

Health and mental well-being

During the Covid-19 pandemic, many workers may be experiencing full-time WFH for the first time,while they are also isolated from co-workers, friends and sometimes even from family. Their daily living routines have been disrupted, which may cause added stress, tension, and physical and mental strain. The impact of these stressors is even stronger in the current economic situation.

Company policies on WFH should incorporate measures that respond to those factors. The Telecommuting Act specifically requires employers to “ensure that measures are taken to prevent the telecommuting employee from being isolated from the rest of the working community in the company by giving the telecommuting employee the opportunity to meet with colleagues on a regular basis and allowing access to the regular workplace and company information.”

Work-life balance

WFH can help workers achieve a better work-life balance as they avoid long and stressful commutes between home and the workplace, and they have more time for family. Often, WFH leads to a blurring of the boundaries between work and personal life, an increase in work hours and an intensification of work. Thus, WFH can interfere with private life and cause work-life conflicts that can be challenging for workers’ well-being and affect overall work performance.

Employers should: (i) set clear expectations of work hours and encourage and empower workers to set boundaries on his or her work schedule; (ii) promote a healthy lifestyle and work-life balance, including regular breaks and rest, exercise and fresh air; and (iii) provide mental well-beingsupport to workers who experience work-life conflict.

ICT equipment and workstation set-up

Staff may experience technical challenges, such as connectivity problems. Employers should seek cooperation, ideas and commitment from workers as to how they can best address and overcome this challenge while ensuring business continuity and preserving jobs. Employers need to understand and assess the limitations that staff encounter and adjust expectations, responsibilities and tasks accordingly.

Data protection and security

While the use of technology has enabled and facilitated WFH, it also presents higher risks of cyber-attacks and confidentiality breaches.

The implementing rules and regulations of the Telecommuting Act mandates: “The employer and the employee shall agree on minimum standards that will protect personal information and shall utilize available technologies that promote security and privacy. The employer shall be responsible for strictly taking the appropriate measures to ensure the protection of data used and processed by the telecommuting employee for professional purposes. The employer shall inform the telecommuting employee of all relevant laws and company rules concerning data protection. Measures such as, but not limited to, disabling of hardware, universal serial bus (USB) access, and external cloud-based storage can be taken by the employer. The employee shall commit to the company’s data privacy policy and ensure that confidential and proprietary information are protected at all times and utilized only in accordance with the requirements of the employer. For this purpose, the provisions of the Data Privacy Act of 2012 shall have suppletory effect.”

Conclusion

From the ILO Guide: “The responsibility for WFH arrangements is shared, and it requires the commitment of both employers and workers to make it successful. Both employers and workers should be practical, flexible and sensible to each other’s situation when implementing WFH arrangements.”

#WFH #WorkFromHome #HyrbridWorkingSetup #TelecommutingAct #RA11165 #LaborLaw #ILO #FlexibleWorkArrangements #AlternativeWorkplace

Gerardo Maximo V. Francisco is a partner of Mata-Perez, Tamayo & Francisco (MTF Counsel). He is a corporate, deal, litigation and employment lawyer.

https://www.manilatimes.net/2021/05/06/business/columnists-business/makingk-from-home-work/870250/