Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

The Committee takes due note of the Government’s detailed report and wishes to draw attention to the following points.

Part I (General provisions), Article 3, paragraph 1, of the Convention. The Committee recalls that the Government has been reporting for the last ten years that consideration is being given to two legislative proposals, one providing for the adoption of a "Magna Carta for Rural Workers" and the other providing for the inclusion in the Labour Code of a specific chapter on plantation workers, with a view to giving effect to the various provisions of the Convention. The Committee regrets that the Government is still not in a position to report any concrete progress on this matter other than stating that the proposed "Magna Carta for Rural Workers" is yet to be re-filed with the National Congress or that the Bill concerning the new chapter of the Labour Code on plantation workers is proposed to be included in the Presidential Legislative Agenda. The Committee expresses the hope that the Government will make an effort to accelerate the enactment of these two legislative texts in the interest of enhancing protection for plantation workers in accordance with the provisions of the Convention.

Part II (Engagement and recruitment of migrant workers), Articles 5 to 19. The Committee notes that the Government’s report does not reply to previous comments concerning the conditions of recruitment of plantation workers, including migrant workers, especially with respect to advance medical examination, suitable transport to the place of employment, welfare arrangements and repatriation. The Committee accordingly asks the Government to provide with its next report detailed information on the measures taken in law or practice in order to ensure the application of this part of the Convention with respect to plantation workers and the members of their families. It also renews its request for copies of any collective bargaining agreements making provision for medical services for migrant plantation workers, as required under Article 19 of the Convention, and further wishes to receive statistical information, if available, concerning the number of migrant workers employed in plantations.

Part IV (Wages), Article 24, paragraph 3, and Article 25, paragraphs 1 and 2. The Committee notes that various sources of information seem to suggest that the prescribed minimum wage rates are not effectively applied in most sugar plantations and, as a result, plantation workers experience growing impoverishment and malnutrition in certain cases. The Committee asks the Government to communicate all relevant information on the extent of the problem and the measures taken to ensure the proper enforcement of the statutory minimum wage in the plantation sector.

Part V (Annual holidays with pay), Articles 36 to 42. The Committee asks the Government to furnish additional information on this point stating how effect is given in plantations to each of the Articles of this part of the Convention. Noting the Government’s earlier statement that these matters are usually dealt with in collective agreements, the Committee requests the Government to provide copies of such agreements and to specify the percentage of plantation workers covered by those instruments.

Part VII (Maternity protection), Articles 46 to 50. The Committee has been commenting for some time on the statutory duration of maternity leave which is not consistent with the minimum period of 12 weeks provided for in Article 47, paragraphs 3 and 4, of the Convention. The Committee has also been raising the question of maternity benefits which are paid only for the first four deliveries whereas Article 48 of the Convention provides for no such restriction. The Committee notes with concern that no progress is made in this respect, as shown for instance by the Sugar Amelioration Act of 1991, section 10(c), of which provides that maternity benefits for women sugar workers are payable for the first four deliveries. It urges therefore the Government to adopt all necessary measures to bring the national legislation and practice into conformity with the provisions of both Conventions which require a period of maternity leave of at least 12 weeks, including a period of compulsory leave after confinement of at least six weeks, and the provision of cash and medical benefits throughout the period of maternity leave for all women irrespective of the number of their children. Finally, recalling the Government’s earlier statement that in most cases the period of compulsory maternity leave extends to 12 weeks through collective agreements, the Committee asks the Government to communicate extracts of collective agreements containing provisions to this effect and to specify the approximate number of female workers covered by similar instruments.

Parts IX and X (Right to organize and collective bargaining; Freedom of association), Articles 54 to 70. The Committee refers to the observation and the direct request addressed to the Government in 2003 concerning Convention No. 87, and also to the pending comments made in 2001 and 2002 under Conventions Nos. 98 and 141 respectively.

Part XI (Labour inspection), Articles 71 to 84. Further to its previous comments, the Committee considers that the Labour Code gives only partial effect to the provisions of the Convention concerning the organization, powers and facilities of the labour inspection services. The Committee recalls that the rural workers development authority, which is expected to be established under the proposed enactment for the inclusion in the Labour Code of a specific chapter on plantation workers, should in principle take the necessary measures to give full effect to the provisions of this part of the Convention. Noting however that the Government does not seem to be prepared to adopt this legislative proposal soon, the Committee requests the Government to indicate the measures it intends to take in the very near future to render more effective the system of labour inspection in the plantation sector. It also asks the Government to supply up-to-date information on the manner in which labour inspection operates in practice, including for instance reports from inspection officers showing the number of inspection visits, the nature of infringements observed (with particular emphasis on wages and the employment of children and young persons), and the sanctions imposed.

Part XII (Housing), Articles 85 to 88. In the absence of any concrete information supplied by the Government in recent years on this point, the Committee requests the Government once again to indicate: (i) the specific measures taken or contemplated to encourage employers to make suitable housing facilities available for plantation workers; (ii) whether minimum standards and specifications have been established concerning such housing; and (iii) whether representatives of workers’ organizations have been consulted in regard to matters connected with housing.

Part XIII (Medical care), Articles 89 to 91. While noting the provisions of the National Health Insurance Act of 1995, to which the Government refers in its report, the Committee requests the Government to provide additional information and to transmit the text of all rules and regulations in force regarding the safety and health protection of agricultural or plantation workers.

Part IV of the report form. The Committee requests the Government to provide all available information on the practical application of the Convention, including data on the number of workers and agricultural undertakings to which the Convention applies, extracts from official reports on the socio-economic conditions prevailing in the plantation sector (e.g. the survey on the working and living conditions of sugar plantation workers in Negros and Panay islands undertaken in 2002 by the Bureau of Rural Workers of the Department of Labour and Employment), and any other particulars which would enable the Committee to better evaluate the Government’s efforts for the amelioration of the working and living conditions of plantation workers. The Committee would also be interested in receiving statistical information showing the relative weight of the plantation sector for the national economy, for instance the percentage of the total workforce employed in plantation agriculture, the foreign trade volume and revenue represented by exports of plantation products, etc.