Practice question
An employee telecommutes from home, follows a fixed online shift, and has actual work hours determinable with reasonable certainty through reliable records. Management says the home location alone makes every telecommuter field personnel. Which statement correctly applies DO 237-22’s clarification?
- Every home-based employee is automatically field personnel
- Telecommuters are not considered field personnel merely because they work remotely; the rule’s exception concerns actual hours that cannot be determined with reasonable certainty
- Reliable work-hour records are legally irrelevant in every telecommuting case
- A telephone connection automatically eliminates all labor standards
- The employee becomes an independent contractor solely from working at home
Legal references
- https://lawphil.net/statutes/repacts/ra2018/ra_11165_2018.html — RA 11165, sections 2–3, telecommuting definition and private-sector context.
- https://www.dole.gov.ph/php_assets/uploads/2022/09/DO-237-22-Revised-Implementing-Rules-and-Regulations-of-RA-No.-11165-Otherwise-Known-as-The-Telecommuting-Act.pdf — DO 237-22, sections 2–4, definitions and guiding principles.
- https://www.scribd.com/document/606610904/DO-237-22 — mirrored issued DO 237-22 text, sections 2–4.
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