Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

The Committee notes that the Government’s report does not reply to any of the matters raised in its previous direct request. It therefore hopes that the Government will provide information in reply to its previous direct request, which read as follows.

1. Article 2 of the Convention. Promotion of the principle of the Convention. With reference to its previous comments on the measures taken to promote women in higher paying jobs not traditionally held by women, the Committee notes the information in the Government’s report that the training offered by the Women’s Centre of the Technical Education and Skills Development Authority (TESDA) has helped women graduates to find jobs in trade areas that are traditionally male dominated, such as welding. Some found employment in hotels, restaurants, on cruise ships, in engineering and construction companies and automotive and electronic assembly plants. Furthermore, the Committee notes that some of the impact of the international training programme and third country training programmes for 2002–05 to build the capacity of managers and leaders of Technical and Vocational Education and Training (TVET) programmes to eliminate gender inequalities included integration of gender in TVET programmes, research on gender issues in enterprise development and TVET and a budget allocation for gender mainstreaming. The Committee asks the Government to continue to provide information on the impact of vocational training and education programmes on the promotion of women into higher-paying jobs. Please also provide information, including statistics, on the percentage of women graduates that found employment in higher-paying jobs and on the specific impact of the international training programme and third country training programmes for 2002–05 on addressing equal pay issues in private enterprises.

2. Wage determination and collective agreements. Further to its observation, the Committee notes the statistics attached to the Government’s report regarding the daily minimum wage rates per industry and sector for the different geographical regions. It also notes that the Regional Tripartite Wages and Productivity Boards (RTWPBs) must take into account the Guidelines No. 1 series of 2005, issued by the National Wages and Productivity Commission (NWPC) when setting minimum wages. The guidelines recommend that “minimum wages shall be confined as much as possible to protecting the lowest paid workers from the vagaries of the labour market” and that “wage differentiation shall be based on such broad classifications as non-agriculture, agriculture and retail/service establishments employing not more than ten workers”. The guidelines further recommend that “determination of wages above the minimum wage shall be left to collective bargaining in the organized sector and employer–employee negotiations in the unorganized sector”, and that these wages “may also be based on productivity and/or performance of the enterprise”. The Committee recalls that the Convention requires that rates of remuneration must be established without discrimination based on sex. The Committee asks the Government to provide information in its next report on the following points:

(a)   The measures it envisages to take with a view to ensuring that the principle of equal remuneration for men and women for work of equal value is taken into account in the minimum wage-setting process. For instance, how do the NWPC and the RTWPBs ensure that rates fixed for female-dominated occupations are not set below the level of rates applying to male-dominated occupations involving work of equal value?

(b)    The number of men and women respectively employed in each of the industries and sectors covered by minimum wage orders.

(c)    Copies of relevant collective agreements setting wages above the minimum wage as well as information on the number of men and women covered by these agreements and their distribution in the different wage levels.

(d)   The criteria and methods used by employers’ and workers’ organizations to determine the classification of jobs and their corresponding wage scales without discrimination based on sex.

3. Parts II and IV of the report form. The Committee notes that the inspections conducted on the basis of the Statistical Performance and Reporting System (SPRS) indicated that 10,535 establishments were reported for non-compliance with general labour standards. The most common violations were underpayment of minimum wages, non-payment or underpayment of regular holiday pay and thirteenth month pay and non-integration, non-payment or underpayment of cost of living allowances. The Committee encourages the Government to continue to provide information on detected violations of the national legislation on minimum wages and section 135(a) of the Labour Code. It also asks the Government to specify in its next report the number of men and women respectively affected by these violations, as well as information on the remedies provided and sanctions applied.

4. Part V of the report form. Statistics. The Committee recalls the importance of up to date and relevant statistics for an effective assessment of the progress made in achieving the objectives of the Convention. The Committee requests the Government to provide in its next report statistical information, disaggregated by sex, on the distribution of men and women in the different economic sectors, in the public and private sectors, and their corresponding levels of remuneration.