Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Philippines (Ratification: 1953)

The Committee notes that, according to section 242-A (d) of the Labour Code, as amended by Act No. 9481 of 2007, legitimate trade union organizations are required to submit their lists of members at least once a year or whenever required by the Bureau. The Committee considers that such a requirement, if used beyond a simple formality for determining representativity, constitutes interference in trade union internal affairs. It encourages the Government to take the necessary measures to repeal this provision and to indicate in its next report the measures taken or envisaged in this respect.

The Committee further notes section 245-A of the Labour Code, as amended in 2007, on effect of inclusion as member of employees outside the bargaining unit and requests the Government to provide information on the application of this provision in practice.

The Committee once again requests the Government to clarify the current status of the Sample Contract for Various Skills as well as any measures taken or envisaged to delete trade union activities from the list of grounds for termination. It further requests the Government to indicate the concrete circumstances under which this Sample Contract is used and provide an estimate of the numbers of workers governed by it.