Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Part I of the Convention (General provisions), Articles 1–4. The Committee recalls the Government’s earlier indications that the Labour Code was undergoing review and that a new chapter on rural workers and the informal sector would be inserted. The Committee requests the Government to provide information on any progress made in the process of the review of the Labour Code and to transmit copies of any new legislative texts once they have been adopted.

Part II (Engagement and recruitment and migrant workers), Articles 5–19. In the absence of the Government’s reply, the Committee reiterates its request for specific information on the laws or regulations giving effect to the requirements of Articles 11–19 of the Convention, in particular those concerning medical examination, suitable transport, welfare arrangement and repatriation.

Part IV (Wages), Articles 24–35. The Committee has been raising the question of exclusion of plantation workers from minimum wage coverage and enforcement measures with respect to reported abusive pay practices in sugar plantations. As the Government’s last report did not contain any concrete information on this point, the Committee again requests the Government to clarify how it is ensured in law and in practice that plantation workers, who are currently classified as informal sector workers, enjoy minimum wage protection as prescribed by this Part of the Convention. In addition, the Committee requests the Government to refer to the direct request addressed in 2009 concerning the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99).

Part V (Annual holidays with pay), Articles 36–42. The Committee notes that the Government’s report contains no new information on the implementation of the detailed provisions of the Convention regarding the plantation workers’ entitlement to annual paid leave. The Committee accordingly requests the Government to further elaborate on the manner in which annual holidays with pay are regulated for plantation workers (especially as regards the minimum duration, qualifying period of service and holiday remuneration), both for those who are covered by a collective bargaining agreement and those who are not. The Committee would appreciate receiving copies of relevant collective bargaining agreements.

Part VII (Maternity protection), Articles 46–50. The Committee recalls its previous comment in which it drew the Government’s attention to the need for legislative action in order to bring the national legislation into conformity with the requirements of this Part of the Convention, in particular with respect to the duration of maternity leave and the provision of cash and medical benefits. In the absence of any progress made in this regard, the Committee requests the Government to indicate the measures it intends to take in order to bring the national legislation into closer conformity with the Convention.

Parts IX and X (Right to organize and collective bargaining. Freedom of association), Articles 54–70. The Committee requests the Government to refer to the observations addressed in 2009 concerning the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Part XI (Labour inspection), Articles 71–84. The Committee once again requests the Government to provide up to date, detailed and documented information on labour inspection activities in the plantation sector, showing, for instance, the number of visits carried out, the nature of infringements observed, and the sanctions imposed. It also requests the Government to explain whether, and how, the Department Order No. 57-04 of 2004 concerning implementing guidelines on the Labour Standards Enforcement Framework (LSEF) has impacted on the enforcement of the national legislation in the plantation sector. In this connection, the Committee would appreciate receiving copies of the LSEF manuals and of the checklists for inspection, training and advisory visits, and self-assessment.

Part XII (Housing), Articles 85–88. The Committee notes that the Government’s report is silent on accommodation standards for plantation workers on which additional information has been requested for a number of years. Therefore, the Committee once more asks the Government to provide detailed particulars on housing and accommodation for plantation workers, namely: (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 with regard to matters connected with housing.

Part V of the report form. Application in practice. The Committee requests the Government to provide up to date information concerning the practical application of the Convention, including, for instance, the approximate number of workers and plantations to which the Convention applies, extracts from official reports on the social and economic conditions prevailing in the plantation sector, statistical information showing the relative weight of the plantation sector for the national economy in terms of employment or revenues, etc.