Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Philippines (Ratification: 1953)

1. The Committee notes the Government's reply to its previous comments in which it indicates that the legislation that should have been adopted to give effect to the Convention has still not been enacted, although work is continuing for its adoption. The Government adds that under the country's existing legislation, and in particular the Civil Code and the Labour Code, workers covered by public contracts are protected. The Committee points out that in order to give effect to this Convention it is necessary to take measures that provide for the inclusion in the contracts to which this Convention refers in Article 1, of clauses which ensure to the workers concerned terms and conditions of labour which are not less favourable than those established for work of the same character in the trade or industry concerned in the same district, in accordance with Article 2, paragraphs 1 and 2. The Committee therefore hopes that the Government will take the necessary measures to adopt the above legislation in the near future and that it will indicate the progress achieved in this respect. The Committee also once again hopes that the Government will consult with the organisations of employers and workers concerned, as set out in Article 2, paragraph 3 of the Convention, when adopting the above measures.

2. The Committee also points out that in its previous observation it requested the Government to supply general information on the way in which the Convention is applied in practice and to supply information on the number of public contracts and workers covered, as required by Point V of the report form on this Convention. The Committee hopes that the Government will also supply this information.