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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Philippines (Ratification: 1960)

Article 1 of the Convention. Sexual harassment. The Committee recalls its previous comments in which it noted that despite progress made in the implementation of the Sexual Harassment Act RA 7877, much remained to be done in terms of awareness raising, developing workplace policies and procedures, training of managers and offering counselling to victims of sexual harassment. The Committee notes that in order to maximize compliance with labour standards and to enhance the implementation of the Labor Standards Enforcement Framework (LSEF), an intensive inspection strategy,
i.e. LSEF–BLITZ is ongoing in all regions to monitor compliance with core labour standards, social welfare benefits and occupational safety and health standards. The Committee asks the Government to indicate the results of
LSEF–BLITZ with respect to compliance of RA 7877, and to provide information on any measures taken, and their impact, to raise awareness, develop workplace policies and procedures, train managers and offer counselling to victims of sexual harassment.

Discrimination on the basis of sex (night work). The Committee asks the Government to keep it informed of any amendments to the provisions of the Labor Code concerning night work so as to eliminate any discrimination that might exist against women in terms of access to employment.

Equality of opportunity and treatment between men and women. The Committee recalls its previous comments on the continuing occupational segregation of women in low-skilled and low-income jobs, and the need, identified by the National Plan of Action for Decent Work 2005–07, to provide greater protection for domestic workers, most of whom are women, who often face long working hours, non-payment of wages, verbal, physical and sexual abuse, and insufficient accommodation. Noting that the Government’s report does not provide any information in reply to the Committee’s previous direct request, the Committee asks the Government to provide full details on the following: (a) the impact of the measures carried out under the National Plan of Action on improving women’s skills, career opportunities and their occupational mobility; and (b) the specific measures taken, and the results achieved, to improve the working conditions and protect the rights of domestic workers, including freedom from discrimination.

Article 3(e). Access to vocational training. With respect to its previous comments on promoting equality in the technical vocational education and training (TVET) sector, the Committee notes that the Gender and Development (GAD) Committee of the Technical Education and Skills development Authority (TESDA) and the TESDA Women’s Centre (TWC) are undertaking to organize gender audit teams within TESDA and later on in the TVET sector to look at internal policies, administrative processes, human resources management, and job specification. The Committee further notes that, since 2004 and 2007, the TWC resources and capacity have been further enhanced by the Project Gender Responsive Employability and Training (GREAT) which aims to strengthen employability of women trained in the TWC through integrated research, training and advocacy activities. The Government indicates that the TWC has started to take a more active and strategic role in the promotion of gender and development in the TVET sector. The Committee further notes that the TESDA has been offering scholarship slots to deserving students to pursue vocational training in priority occupational areas which will improve their chances to obtain decent jobs. The Committee urges the Government to provide information on the results of the programmes carried out by the TESDA, including the TWC, in overcoming the systematic enrolment of men and women in traditional trades and occupations and to promote the enrolment of women in VTET programmes that offer them jobs with career opportunities. This information should include statistics, disaggregated by sex, on the enrolment of men and women in the various training courses, as well as on the number of them that have actually obtain employment after attending such a course. Please also provide information on how TESDA is promoting equality of opportunity and treatment with respect to the other grounds set out in Article 1(1)(a) of the Convention.

Article 3(e). Placement services. The Committee notes that the Public Employment Service (PESO) offices provide placement assistance services to jobseekers, and that Phil-Jobnet and the Great Modular Access (GMA) Employment Kiosk are two facilities providing information to employers and jobseekers on job vacancies. The Committee asks the Government to provide further details on how the PESOs ensure the observance of equality of opportunity and treatment with respect to job advertisements and recruitment and selection procedures. Please also provide information on how Phil-Jobnet and the GMA Employment Kiosk have helped to promote the employment of women and other disadvantaged groups in a wider range of jobs and occupations.

National policy with respect to indigenous peoples. The Committee recalls its previous comments in which it noted that discrimination against indigenous peoples with respect to wage employment and non-wage livelihood activities as well as education and training remained widespread and that, on account of their ethnicity, they experienced various forms of prejudice and intolerance. Few employers in the public and private sectors have complied with their obligation under the Indigenous Peoples’ Rights Act (IPRA) 8371 of 1997 and its Implementing Rules to hire indigenous peoples in proportion to their share in the population. Noting that the Government’s report does not provide any information on this point, the Committee reiterates its request to the Government to provide information on the measures taken or envisaged to ensure the effective application of the IPRA and to implement the 12-milestone agenda of the National Commission on Indigenous Peoples (NCIP). Please also provide information on any follow-up given to the recommendations made by the ILO study on equality and non-discrimination in employment and livelihoods of indigenous peoples with a view to addressing and eliminating discrimination against indigenous peoples in employment and occupation.