Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Equal Remuneration Convention, 1951 (No. 100) - Philippines (Ratification: 1953)

The Committee notes the information in the Government’s report.

1.  With reference to the proposed amendment of section 135(a) of the Labor Code, initiated by the Bureau of Women and Young Workers (BWYW), and aimed at including a provision for equal remuneration for men and women "for work of equal value, whether the work or remuneration are the same or of a different nature, in accordance with Convention No. 100", the Committee notes that the proposal has been included in the Department of Labor and Employment (DOLE) Labor Code review project. It notes that the project is under the overall supervision of the Bureau of Labor Relations (BLR), and has been considered at a number of levels, including at the central office agencies in October 1999, tripartite consultations with the Tripartite Executive Committee of the Tripartite Industrial Peace Council and at the regional level in November 1999, and the Congressional Commission on Labour in February 2000. The Committee asks the Government to keep it informed on the progress of the draft amendment and also to provide up-to-date information on concrete measures taken to ensure that the principle of equal remuneration for work of equal value for men and women is applied, including its application in those situations where women and men carry out different work.

2.  The Committee notes the statistical information based on the report of the Statistical Performance and Reporting System (SPRS) indicating that, out of 57,623 establishments inspected in 1997, there were 51.6 per cent with general labour violations, out of which eight (0.03 per cent) were found to be in contravention of standards relating to women workers. It notes that, currently, the Department of Labor and Employment is conducting a review of SPRS indicators, in which the Bureau of Women and Young Workers proposes including gender-specific indicators, including one on equal pay. The Committee asks the Government to continue to provide information on labour inspections, including any corrective measures taken. It also asks for further information on the findings of the SPRS indicators review and on measures taken to include gender-specific components, as well as any action taken as a result to ensure the application of the Convention.

3.  The Committee notes that the BWYW is conducting a study on discriminatory work practices in Metro Manila with regard to hiring, promotion, pay and access to training, with the aim of identifying solutions and strategies to mitigate if not eliminate such practices. In this respect, the Committee notes with interest the decision of the Supreme Court in Case No. G.R. No. 128845 regarding the principle of equal pay for work of equal value between local and non-local staff at an international school, and asks the Government to provide information on any other judicial or administrative decisions regarding equal remuneration for work of equal value. It also asks the Government to provide information on the findings of the discriminatory work practice study conducted by the BWYW, including any steps taken or envisaged to implement its findings.

4.  With reference to its previous comments on other matters, the Committee notes that the Government’s report does not contain any information in response. It must therefore repeat its previous comments regarding the following points and hopes the Government will include this information in its next report:

2.  The Committee notes that the Government’s report does not contain any relevant statistical data or other information which would enable it to assess the nature, scope and extent of inequalities in remuneration and the progress made to eradicate them. It notes, however, from statistical data on men’s and women’s wages by economic activity published in the 1998 ILO Yearbook of labour statistics that, in 1995, women’s wages constituted 74.2 per cent of those of men in the manufacturing sector and 83.3 per cent in the gas, electricity and water sector, while in the area of construction, men’s wages were 72.5 per cent of women’s wages. The Committee requests the Government to provide, in its next report, information on the underlying causes of the wage differences between men and women in the abovementioned sectors. The Committee also draws the Government’s attention to its 1998 general observation on the Convention and requests the Government to supply recent data disaggregated by sex, age and occupational level on men’s and women’s earnings in the various sectors of the economy in order to permit an assessment of the progress made in promoting and ensuring the application of equal remuneration for men and women workers of work of equal value in both the private and public sectors. It also reiterates the wish that the Government - as well as the employers’ and workers’ organizations - will endeavour to collect the information requested in its previous direct request on the distribution of men and women in sectors covered by collective agreements, by earnings levels classified by occupation and grade. It also encourages the Government to make efforts to undertake the study on pay equity by the Bureau of Working Conditions (BWC) of the DOLE, and hopes this study will throw light on the general status of men and women.

3.  Further to its previous comments concerning the application of the Wage Rationalization Act (No. 6727 of 1989) which declares a policy of rationalizing minimum wages and promotes wage fixing through collective agreements, the Committee requests the Government to provide information on criteria and methods which have been used to determine the classification of jobs and their corresponding wage scales. The Committee further notes the statement by the Government that the DOLE is developing appropriate methods to promote an objective appraisal of jobs on the basis of the work to be performed. The Committee is looking forward to receiving a copy of the job evaluation instrument, once finalized, and reiterates its request for information concerning the extent to which employers and workers have embarked upon fixing wage rates in collective agreements on the basis of job evaluation.

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5.  Referring to its previous direct request, the Committee hopes that the Government’s next report will contain information on the measures taken or envisaged by the Inter-Agency Task Force for Strategic Planning related to the application of the Convention.