Bill seeks to ban bosses from disturbing off-duty employees

MANILA, Philippines – A bill seeking to ban employers and supervisors from disturbing their employees or subordinates who are off-duty has been filed at the House of Representatives.

Quezon City Rep. Winnie Castelo filed House Bill 4721, granting employees the “right to disconnect from work-related electronic communications after work hours,” when they should be resting, recovering from fatigue, and spending time for themselves and their families.

The bill says off-duty workers may not respond to work-related emails and text messages after office hours without fear of penalty from their employers.

In filing the bill, Castelo noted that digital communications has allowed 24/7 connectivity among people and boosted business tremendously, but not without adverse effects on the welfare of workers.

“It has also created a problem of undeclared labor, as employees are forced to work, although indirectly, beyond work hours responding to emails, text messages, and calls on mobile phones,” he observed.

Castelo pointed out that while this practice could increase labor productivity, it has detrimental effects on employees’ welfare and well-being.

Having to answer emails and text messages beyond office hours adds to stress and robs employees of the time they need to rest and attend to personal and family matters, Castelo said.

“It can lead to burnout, or the physical, psychological, and emotional distress caused by a total inability to rest, and a diminished balance between work and family,” he explained, citing studies in other countries.

“Because employees are expected to respond to emails and text messages after office hours, they are not able to separate themselves from work, even when they are at home, where they are supposed to be recovering,” Castelo stressed.

Under the proposed amendment to the Labor Code, employees may not be reprimanded, punished, or subjected to disciplinary action if they disregard an electronic communication sent after work hours.

The bill also requires employers to establish, as part of their policies, the hours when employees are not supposed to send or answer work-related emails, text messages or mobile phone calls.  

Some exemptions may be allowed, though, subject to the rules and regulations that the Department of Labor and Employment shall promulgate.

 Castelo said the policy would also benefit employers, as it would make their employees well-rested and more productive, preventing absences, tardiness and sickness.