Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

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

With reference to its previous observations, the Committee notes with regret that the Government has as yet been unable to take the measures necessary to give effect to the provisions of the Convention. The Committee has been pointing out for many years that, in order to give effect to the Convention, the Government has to enact legislation providing for the insertion of labour clauses in public contracts with a view to ensuring to the workers concerned wages, hours of work and other labour conditions not less favourable than those established for similar work, in the trade or industry concerned, in the same district, whether by collective agreements or by arbitration awards or by national legislation.

The Committee notes that the Government in its last report refers to Republic Act No. 6685 which seeks to promote the use of indigenous manpower in the execution of public works projects and to Presidential Decree No. 1594 of 11 June 1978 prescribing policies, guidelines, rules and regulations for government infrastructure contracts. However, the Committee is bound to observe that both enactments contain no provisions related to the wage levels, hours of work and other conditions of labour of the workers engaged in the execution of public contracts and thus are strictly irrelevant in the application of this Convention. The Committee therefore strongly suggests that the Government should take the necessary steps without delay to bring its legislation into conformity with the requirements of the Convention, which might possibly take the form of rules and regulations to be promulgated jointly by the Minister of Public Works, Transportation and Communications, the Minister of Public Highways, the Minister of Energy, and the Director-General of the National Economic and Development Authority under section 12 of the above-referenced Presidential Decree. While recalling that the technical assistance of the Office is at the Government’s disposal to assist it in giving effect to the Convention, the Committee requests the Government to communicate in its next report any positive developments in this respect.

In addition, the Committee asks the Government to continue to provide in accordance with Article 6 of the Convention and Part V of the report form up to date and detailed information on the practical application of the Convention, including for instance copies of public contracts containing labour clauses, official reports or statistics bearing on the enforcement of relevant legislation (e.g. number and nature of infringements observed and penalties imposed) and any other particulars regarding the practical fulfilment of the conditions prescribed by the Convention.