Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Philippines (Ratification: 1991)

Article 5(1) of the Convention. Tripartite consultations required by the Convention. The Committee notes with interest the detailed replies to the 2009 observation provided in the Government’s report received in September 2010. The Government indicates that continued consultations for the possible ratification of Conventions enrolled in the Decent Work Agenda are being undertaken. The Government reports specifically on the measures taken by the Tripartite Industrial Peace Council (TIPC) in order to examine the Home Work Convention, 1996 (No. 177), the Private Employment Agencies Convention, 1997 (No. 181), the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), and the Maritime Labour Convention, 2006 (MLC, 2006). The Government indicates that in August 2009, the TIPC decided to recommend ratification of Convention No. 185. The TIPC ratification proposal of Convention No. 185 is currently being carried out in accordance with the established process of consultation and documentation decided. On Convention No. 177, the TIPC also endorsed its ratification. The Government is now gathering relevant information regarding compliance with the provisions of the Convention. On Convention No. 181, a task force was created in order to review existing policies and review the provisions of the Convention. In July 2010, as part of the review process of Convention No. 181, salient features of the Convention were presented for better understanding and to address the need to review existing policies and the value of consultation of the stakeholders in preparation for ratification. On the MLC, 2006, the Government indicates that a Maritime Industry Tripartite Council in the domestic seafaring industry is being institutionalized as an advocacy and consultation venue to facilitate reforms for the eventual ratification of the MLC, 2006. The Committee wishes to receive in the Government’s next report information on the developments that might occur regarding the ratification of Conventions Nos 177, 181, 185 and the MLC, 2006. It invites the Government to also include information regarding the other matters covered by Article 5(1) of the Convention.

Article 3. Selection of representatives of employers and workers. In its previous observation, the Committee requested specific information on the manner in which the representatives of employers and workers are nominated, for the purposes of the Convention, specifically on how it is ensured that they have been freely chosen by their representative organizations. The Government indicates that the criteria and process of nomination is generally left to the sound discretion of the nominating sectoral organization, with “most representative status”. The Government reports that the organization submits their nominees to the Secretary of the Department of Labour, who in turn endorses the same for appointment by the President through an executive issuance, to the tripartite bodies. The “most representative status” criteria for organizational representation in the tripartite bodies is determined based on the scope and coverage of organizational membership. The Committee notes that the process of appointment is embodied in an Executive Order issued in 1998 which provides that there shall be a maximum of 20 regular representatives each from workers’ and employers’ organizations, to be designated by the President upon nomination by their respective sectors. The Committee also notes that the new administration is preparing invitations to participate in the TIPC for groups that in the past refused to participate or engage in tripartite dialogues. The tripartite partners are currently formulating a standard criteria and process of selection and nomination of representatives of sectoral organizations with “most representative status”. The Committee welcomes this approach and would appreciate receiving updates on this matter as soon as they are available.