Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Protection of Wages Convention, 1949 (No. 95) - Philippines (Ratification: 1953)

1. With reference to its previous comments on Article 2(1) of the Convention, the Committee takes note of the explanation by the Government on the applicability of legislative provisions concerning wages to the homeworkers, as well as the attached texts of Rule XIV, Book III of the Rules Implementing the Labour Code (Department Order No. 5 of 4 February 1992), and the Explanatory Bulletin on Employment of Homeworkers. It notes with satisfaction that the provisions of the Labour Code and its Implementing Regulations on the protection of wages apply to homeworkers.

2. The Committee has been commenting on the application of the Convention in respect of Filipino workers employed in Iraq. In this connection, the Committee notes that the Governing Body approved the report of the Committee set up to examine the representation made by the Egyptian Trade Union Federation, under article 24 of the ILO Constitution, alleging non-observance by Iraq, inter alia, of Convention No. 95, with regard to non-payment of wages to Egyptian workers employed in Iraq. The Committee notes the Government's indication that the Philippines has filed reparation claims, including that of unpaid wages owed to workers, with the UN Compensation Committee. With regard to agreements with the governments of countries where Filipino workers are employed, the Committee also notes the Government's indication that, although a meeting of the Philippine-Iraq Commission is tentatively scheduled for October 1994, the Philippine Government cannot take up the wage issue until the embargo on Iraq is lifted. It would be grateful if the Government would continue to supply information on any development on these issues.

The Committee further notes the Government's assurance in response to its direct request concerning Article 6 of the Convention that future discussions of such agreements will take into consideration only matters relating to employment opportunities and conditions, and not the manner by which wages may be disposed. The Committee requests the Government to bear in mind not only that such agreements must not directly limit the workers' freedom to dispose of their wages, but also that they should be free of any provisions that would indirectly have a similar effect, for instance, the limitation on the remittance of wages or savings to the workers' home country.