Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Plantations Convention, 1958 (No. 110) - Philippines (Ratification: 1968)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 11, paragraph 2, of the Convention. The Committee notes the Government's statement that two legislative proposals are currently being studied by the Technical Committee on Legislative Matters (TCLM) of the Department of Labor and Employment. The first of these proposes to include in the legislation the provisions of the Convention by means of the inclusion in the Labor Code of a specific chapter on plantation workers. The other calls for the adoption of a "Magna Carta for Rural Workers" with the establishment of an authority responsible for the development of rural workers. The Committee hopes that the Government will take the opportunity of these proposals to bring the law into conformity with the Convention with regard to the determination of the time and place of the medical examination. It requests the Government to keep it informed of the status of the proposals and of any progress achieved in this respect.

Articles 12, 13 and 14. In its previous comments, the Committee recalled that under the terms of the Convention specific provisions must be issued concerning: (a) the suitability of the vehicles or vessels used for the transport of workers; the provision of suitable accommodation for the night, where appropriate; arrangements for the daily journey, which take account of the length, duration and extent of the movements (Article 12); (b) the obligations of the employer or recruiter with regard to the expenses of travel, protection and maintenance during the journey (Article 13); (c) the payment of the workers' repatriation expenses, in certain cases. The Committee notes, from the Government's report, that measures to modernize the Navy, to which the Coast Guard is attached, and to expand the Maritime Industry Authority, cannot be carried out effectively due to lack of funds. The Committee hopes that the Government will provide information in future reports on any progress concerning the measures which have been taken to bring the legislation into conformity with the provisions of the Convention.

Article 15. The Committee would be grateful if the Government would provide detailed information on the effect given to the legislative proposals which, as noted above, are being studied, with regard to the measures taken to ensure the application of the provisions of Articles 12, 13 and 14 to the families of workers recruited, and the repatriation of the family in the event of the worker's death.

Article 16. With reference to its previous comments, the Committee notes that, according to the Government's report, no measure has been taken in this respect. It draws the Government's attention to the terms of this Article concerning the obligations of the competent authority and once again hopes that the necessary measures will be taken in the near future to limit explicitly the amount that may be paid to recruited workers in respect of advances on wages and to regulate the conditions under which such advances may be made, in accordance with this Article of the Convention.

Article 19. The Committee notes, from the Government's report, that there are no copies available of collective agreements or of any other documents making provision for medical services for workers and the members of their families. The Committee once again hopes that the Government will supply with its next report extracts of collective agreements or any other documents making provision for medical services for the workers covered by this Article and for the members of their families.

Article 24, paragraphs 2 and 3. The Committee refers to its comments under Convention No. 99.

Article 47, paragraph 2. In its previous comments, the Committee pointed out that section 133 of the Labor Code, subjecting the granting of maternity leave to a period of employment representing in all at least six months before the presumed date of confinement, was not in conformity with this provision of the Convention, which stipulates that this period must not exceed a total of 150 days. The Committee notes the Government's statement that this matter is covered by the legislative proposal which is under study with a view to incorporating the provisions of the Convention into the legislation. The Committee hopes that the Government will take the appropriate measures in this respect so that no uncertainty can persist in this matter and it requests the Government to report any progress achieved in this respect.

Article 47, paragraphs 3 and 4. In its previous comments, the Committee pointed out that section 133 of the Labor Code, which fixes the period of maternity leave to at least two weeks before the presumed date of confinement and to four further weeks following the date of the normal birth or the abortion, making six weeks in all, was not in conformity with the provisions of the Convention, which envisages a minimum of 12 weeks, of which at least six shall be after confinement. The Committee notes the Government's statement that this matter is covered by the legislative proposal which is under study, the objective of which is to incorporate into the law the provisions of the Convention. The Committee hopes that the Government will make use of this opportunity to take the necessary measures to bring the legislation into conformity with the provisions of the Convention. It also requests the Government to supply extracts of collective agreements containing provisions on this matter.

Article 47, paragraphs 6 and 7. In its previous comments, the Committee pointed out that the provision of section 133(b) of the Labor Code, which provides that maternity leave shall be extended without remuneration in the event of illness arising out of pregnancy, confinement, abortion or miscarriage, which renders the woman unfit for work, unless she has not accumulated leave from which the extension may be deducted, was not in conformity with the Convention, which does not envisage such a restriction. The Committee notes the Government's statement that this point is covered by the legislative proposal which is under study and aims to incorporate the provisions of the Convention into the legislation. The Committee requests the Government to supply information in its next report on any progress achieved with a view to bringing the legislation into conformity with the Convention on this point.

Article 47, paragraph 8. Further to its previous comments, the Committee notes the Government's statement that this matter is covered by a proposal to incorporate the provisions of the Convention on this subject into the legislation. The Committee hopes that the Government will take the opportunity to ensure that the legislation is in conformity with the Convention and will supply information on any progress achieved in this respect.

Article 48, paragraph 1. The Committee refers to its previous comments in which it: (a) recalled that, under the Convention, the benefits that may be received by a woman absent from her work for the reasons contained in the provisions of Article 47 constituted a right; (b) pointed out that the provisions of section 133(b) of the Labor Code, under which maternity leave is paid by the employer only for the first four confinements, were not in conformity with the Convention, which does not envisage such a restriction. The Committee notes the Government's statement that this matter is covered by a legislative proposal which is currently under study with a view to incorporating the provisions of the Convention on this point into the legislation. The Committee requests the Government to supply information on the outcome of the examination of the above proposal in this respect and to supply a copy of any text which is adopted.

Article 48, paragraph 3. With reference to its previous comments, the Committee notes from the Government's report the efforts which have been made to adopt appropriate legislation in this respect. The Committee requests the Government to take the necessary measures to incorporate the provisions of the Convention into the law and to supply detailed information on any progress achieved in this respect.

Article 49. The Committee notes that the attachment referred to in the Government's report has not been received. The Committee therefore hopes that the Government will indicate the legislative provisions, regulations or collective agreements which give effect to this Article of the Convention and provide the text thereof.

Parts IX and X. Right to organize and collective bargaining; Freedom of Association. The Committee refers in this regard to its comments under Convention No. 87.

Part XI. Labour inspection. The Committee refers to its previous comments and notes, from the Government's report, that this matter is covered by the legislative proposal to establish a Rural Workers Development Authority. The Committee hopes that through the above Authority, the Government will take the relevant measures to give full effect to the provisions of this Part of the Convention, and in particular to Articles 73 and 74, paragraphs 1(b), 1(c) and 2, and to Articles 75 to 77 and 79 to 81. It requests the Government to report any progress achieved in this respect.

Part XII. Housing (Articles 85 to 88). In its previous comments, the Committee noted that the law does not require employers to provide housing facilities for their employees, but that such benefits may be agreed upon in a collective agreement. However, the Committee requests the Government to indicate whether specific measures have been taken or are contemplated to encourage employers to make suitable housing facilities available for plantation workers. The Committee notes the Government's statement that this matter is covered by the legislative proposal which is under study and aims to incorporate the provisions of the Convention into law. The Committee requests the Government to indicate whether specific measures have been taken or are envisaged to encourage employers to make suitable housing facilities available to plantation workers. It once again requests the Government to indicate whether minimum standards and specifications have been established concerning such housing.