Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

The Committee notes the detailed information provided by the Government in its report. It would appreciate receiving supplementary information on the following matters.

Part I (General provisions), Articles 1 to 4 of the Convention. Further to its previous comments concerning some long-debated legislative proposals to enhance the protection of agricultural workers, such as the adoption of a "Magna Carta for Rural Workers", the Committee notes that the Department of Labor and Employment is now favourable to the insertion of a specific chapter on rural workers and the informal sector in the Labour Code. The Government indicates that the Labour Code is presently undergoing review and will be the subject of further consultations with various tripartite partners. The Committee expresses the firm hope that the revision process of the Labour Code will be completed in the very near future and asks the Government to transmit the text of the new chapter on rural workers as soon as it is finalized.

Part II (Engagement and recruitment and migrant workers), Articles 5 to 19. While noting the Government’s reference to sections 25 to 35 of the Labour Code and to Department Order No. 12 of 2001 on Omnibus Guidelines for the Issuance of Employment Permits to Foreign Nationals, the Committee points out that these legislative provisions do not seem to sufficiently regulate matters such as advance medical examination, suitable transport, welfare arrangements and repatriation for plantation workers and migrant workers employed on a plantation. It therefore once again requests the Government to specify the laws and regulations or collective agreements giving effect to the requirements of Articles 11 to 19 of the Convention.

Part IV (Wages), Articles 24 to 35. The Committee takes due note of the Government’s explanations on the social amelioration programme in the sugar industry (Republic Act No. 6982 of 1991) which establishes a cash bonus fund for collecting compulsory contributions from sugar planters and millers and distributing them to sugar workers as a means of augmenting their income and improving their livelihood and well-being. The Committee is nonetheless concerned about the fact that according to the Government’s indications, plantation workers are classified as informal sector workers, falling outside the scope of the minimum wage provisions of the Labour Code while the various wage orders, policies and measures are conditionally applied to them subject to the terms and conditions provided for in collective agreements. It therefore asks the Government clarify how it is ensured in both law and practice that plantation workers enjoy minimum wage protection, especially as regards: (i) the principle of the binding force of the minimum wage; (ii) the protection of the minimum wage against abatement for whatever reason such as the non-fulfilment of production quotas; and (iii) procedural guarantees enabling the worker to recover outstanding sums and obtain compensation for underpaid wages. The Committee would be particularly interested in receiving the Government’s views on reported abusive practices of sub-minimum payment of wages in sugar plantations and any special enforcement measures which may have been taken in this regard.

Part V (Annual holidays with pay), Articles 36 to 42. With reference to the statistical information provided by the Government concerning the number of collective bargaining agreements and the number of workers covered by these agreements in the plantation sector, the Committee notes that this information offers little explanation as to how each of the Articles of this Part of the Convention is being implemented in practice. It therefore requests the Government to supply more detailed information, including copies of relevant collective agreements, on the manner in which annual holidays with pay are regulated for plantation workers, especially as regards the duration, qualifying period of service, remuneration, etc. Moreover, the Committee asks the Government to specify whether plantation workers to whom no collective bargaining agreement applies, or plantation workers who are covered by an agreement containing no provision on annual holidays, are entitled to annual paid leave, and if so, under what conditions.

Part VII (Maternity protection), Articles 46 to 50. The Committee recalls its previous comments in which it noted that the maternity protection enjoyed by female plantation workers falls short of the minimum standards provided for in the Convention, especially as regards the duration of maternity leave and the provision of cash and medical benefits throughout the period of maternity leave for all women concerned irrespective of the number of previous childbirths. The Committee regrets that the Government has still to take the necessary measures in order to bring the national legislation into conformity with the requirements of the Convention and expresses the hope that the Government will look into this matter without further delay. In addition, the Committee asks the Government to transmit copies of relevant collective agreements containing provisions in respect of maternity benefits and also to specify the approximate number of female plantation 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 observations made under Conventions Nos. 87 and 98.

Part XI (Labour inspection), Articles 71 to 84. Further to its previous comments, the Committee notes the Government’s reference to Department Order No. 57-04 of 2004 Implementing Guidelines on the Labour Standards Enforcement Framework which aims at building a culture of voluntary compliance with labour standards by all establishments and workplaces and expanding the reach of the Department of Labour and Employment through inspection, training and advisory services. The Committee requests the Government to supply detailed information on any concrete measures taken or envisaged following the adoption of the above Order in order to give effect to each of the Articles of this Part of the Convention, in particular to Articles 73, 75 to 77, 79 to 81 and 84. It also requests the Government to supply a copy of the Labor Inspection Manual, referred to in section 5(b) of the Order, as soon as it is issued. Finally, the Committee renews its request for specific information on inspection activities in the plantation sector, showing for instance the number of visits carried out, the nature of infringements observed, and the sanctions imposed.

Part XII (Housing), Articles 85 to 88. The Committee has been asking the Government for several years to clarify where law and practice stand in respect of housing accommodation for plantation workers. In the absence of a government response, the Committee is obliged to reiterate its request for specific information on the following: (i) measures taken to encourage employers to make suitable housing facilities available for plantation workers; (ii) prescribed minimum standards and specifications, if any, concerning housing facilities; and (iii) consultations with workers’ organizations in regard to matters connected with housing.

Part IV of the report form. The Committee once again 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, statistical information showing the relative weight of the plantation sector for the national economy in terms or employment or revenues, etc.