Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Philippines (Ratification: 1953)

The Committee notes with regret that the Government’s report contains no reply to the points raised in its previous comments. It hopes that the next report will include full information on these matters, and in particular, which concerned the following points.

Articles 2 and 5 of the Convention

-  The need to review the requirement that at least 20 per cent of workers in a bargaining unit are members of a union (section 234(c) of the Labor Code).

-  The requirement of too high a number of unions (ten) to establish a federation or a national union (section 237(a)).

-  The prohibition of aliens (other than those with valid permits if the same rights are guaranteed to Filipino workers in the country of the alien workers), from engaging in any trade union activity (section 269) under the penalty of deportation (section 272(b)), and the provisions of the Department Order No. 9 amending the rules implementing Book V of the Labor Code, which confirm such restrictions.

Article 3

-  The following provisions which set forth disproportionate sanctions for participation in an illegal strike: the dismissal of trade union officers and penal liability to a maximum of three years (sections 264(a) and 272(a) of the Labor Code) and the penalty of "reclusion perpetual" to death for organizers or leaders of any meeting held for propaganda purposes against the Government, the word "meeting" being understood to include picketing of labour groups (section 146 of the revised Penal Code).

Noting the Government’s reference in its previous report to the ongoing comprehensive review of the Labor Code, the Committee once again expresses the firm hope that the necessary measures will be taken in the very near future to amend the legislation in respect of the abovementioned points. It once again requests the Government to indicate, in its next report, the progress made in this respect.