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

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

1. The Committee takes note of the information provided by the Government in its reports received in August and October 1989 and at the Conference Committee (in June 1989), and notes with interest that under Act No. 6727 of 1988, a tripartite National Wages and Productivity Commission has been created, whose responsibilities include the formulation and implementation of government wage policy, in co-operation with Regional Tripartite Wages and Productivity Boards whose establishment is also provided for in the above Act. The Committee hopes that the Government will be able to keep it informed of the activities of the above bodies.

2. With regard to its previous direct requests, the Committee wishes to point out the following:

Article 2, paragraph 1, of the Convention. In reply to the Committee's comments concerning the application of the provisions of the Labour Code and of the regulations implementing the Code to homeworkers (whose conditions of employment, including wages, are to be regulated through appropriate regulations provided for in article 153 of the Labour Code), the Government indicated in its previous reports that the Ministry of Labour had submitted to the National Congress a proposal to include the above workers, particularly those engaged in needlework, in the national regulations concerning general welfare and protection.

In its last report, the Government states that the matter is still under review by both the Legislative Committee of Congress and the Ministry of Labour. The Committee takes note of this statement and again expresses the hope that measures will be taken very shortly to ensure that full effect is given to the above-mentioned provision of the Convention, which applies to all persons to whom wages are paid or payable and provides for no exceptions with regard to homeworkers. The Committee asks the Government to report on progress made in this matter.

Article 6. The Committee noted that Executive Order No. 857 which provided for the compulsory remittance to the Philippines of wages earned by Filipino workers abroad and the creation of an Inter-Agency Committee on Contract Workers' Remittances, had been repealed by Executive Order No. 1021 of 1 May 1985, and asked the Government to indicate the measures taken to ensure that such remittances are now made on a voluntary basis. In its last report, the Government indicates that the provisions of Executive Order No. 1021 are self-executory and are sufficient to ensure that the remittances are now made on a "purely voluntary" basis. It adds, however, that, as regards countries that do not allow currency and, hence, wages to be exported, (such as Iraq), it is trying to open negotiations with a view to concluding bilateral agreements enabling the workers concerned to transfer the whole of their wage to the Philippines. The Committee notes this information and, while recalling that under Article 6 of the Convention workers must be able to dispose of their wages freely, it requests the Government to continue providing information on any agreements concluded on this subject with countries employing Filipino workers.