Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Philippines (Ratification: 1953)

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) on 4 August 2011, alleging anti-union dismissals and acts of anti-union interference on the part of the employer, as well as the Government’s observations thereon, in particular that the relevant cases reported by the ITUC were all classified as possibly labour-related and taken cognizance of by the National Tripartite Industrial Peace Council (NTIPC) Monitoring Body. The Committee requests the Government to provide in its next report information on any developments in this regard.

The Committee further notes the communication dated 31 July 2012 from the ITUC in which it provides its comments on the application of the Convention in law and in practice and refers to certain violations of trade union rights in 2011, including alleged acts of anti-union discrimination and anti-union interference on the part of the employer. The Committee requests the Government to provide its observations on these allegations.

Articles 1, 2 and 3 of the Convention. Protection against acts of anti-union discrimination and interference. The Committee notes the Government’s observations on the comments submitted by the ITUC in 2010 and previous years on the alleged anti-union practices, acts of anti-union discrimination including dismissals, and employer interference, as well as cases of replacement of trade unions by non-independent company unions, dismissals and blacklisting of activists and other anti-union tactics in export processing zones (EPZs) and other special economic zones. In particular, it notes with interest that the Government reports the following positive measures: (i) the submission of the ITUC allegations to the NTIPC Monitoring Body and the information provided concerning the NTIPC’s activity since its establishment; (ii) the creation of a tripartite team for an enterprise in the electronics sector (TTCEC) from among the members of the TIPC Monitoring Body with the mandate to conduct plant-level verification of the parties’ claims and make recommendations to the TIPC Monitoring Body; and the management’s willingness to negotiate with the union; (iii) the establishment of a tripartite team for an enterprise in the automobile sector (TTTAPI) to conduct plant-level verification of the parties’ claims; and (iv) the classification by the NTIPC Monitoring Body as labour-related of 17 cases of alleged trade union rights violations in EPZs and their referral to the concerned agencies for immediate resolution. The Committee trusts that the Government will continue to take steps to ensure that the above allegations of acts of anti-union discrimination and interference, including in EPZs, are expeditiously examined and, if need be, appropriate measures of redress are taken and sufficiently dissuasive sanctions imposed, so as to ensure the effective protection of the right to organize. It requests the Government to continue to provide information concerning any developments in this regard.

Concerning the strengthening in practice of the protection available against acts of anti-union discrimination and interference, with special emphasis on EPZs and special economic zones, the Committee notes that the Government indicates in its report that, for the purpose of enforcing labour laws and the rights of workers to organize and bargain collectively, especially in EPZs, the Department of Labor and Employment (DOLE) has combined its routine inspection function with developmental approaches through the DOLE Kapatiran WISE-TAV Program, which seeks to ensure compliance in supply chains, and the Incentivizing Compliance Program or Tripartite Certification of Labor Laws Compliance, which consists of several tripartite certification hurdles, including the Tripartite Certification for Labor Standards Compliance and the Tripartite Certification for Industrial Peace, before the Tripartite Seal of Excellence can be achieved. The Government adds that DOLE and the Philippine Economic Zone Authority (PEZA) agreed to include all public zones in the Kapatiran and Incentivizing Programs, and ensure the continuous implementation of the 2006 DOLE-PEZA Memorandum of Agreement on labour-management education, joint inspection and conciliation–mediation in ensuring industrial peace. Furthermore, both DOLE and PEZA are part of the Verite Multi-Stakeholder Initiative, which started in 2010 and is currently being pilot tested through conduct of social audits in select garment and electronics firms inside the economic zones covering freedom of association, labour standards and occupational health and safety standards. The Committee also notes the national plan of action 2012–13 towards full freedom of association and collective bargaining rights in EPZs concluded by the Government (including DOLE and PEZA) and representatives of national federations of workers’ organizations, which seeks to take steps to achieve improved compliance with the relevant ILO Conventions. The Committee welcomes this information and requests the Government to continue to provide information concerning any legislative or other initiatives taken or envisaged to strengthen in practice the protection available against acts of anti-union discrimination and interference, with special emphasis on EPZs and special economic zones. The Committee also once again requests the Government to provide statistical information on the number of complaints of unfair practices and inspections carried out on these matters in EPZs and special economic zones.

Lastly, the Committee notes the copy of the Standard Employment Contract used by the Philippines Overseas Employment Administration (POEA), provided by the Government under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). The Committee notes with concern that, under item 14(a) of the current POEA Standard Employment Contract, engaging in trade union activities constitutes a ground for termination of the contract. The Committee requests the Government to take all necessary measures to delete the engagement in trade union activities from the list of grounds for termination in item 14(a) of the POEA Standard Employment Contract. It further requests the Government to provide an estimate of the number of workers governed by this sample contract.

Article 4. Collective bargaining in the public sector. In its previous comments, the Committee took note of the Government’s indication that, under section 13 of Executive Order No. 180, only terms and conditions not otherwise fixed by law may be negotiated between public sector employees’ organizations and the government authorities. The Government had further stated that matters relating, inter alia, to wages and all other forms of pecuniary remuneration, retirement benefits, appointment, promotion and disciplinary action were not negotiable. The Committee requested the Government to provide information on measures taken to fully grant to public sector employees not engaged in the administration of the State the right to negotiate their terms and conditions of employment.

The Committee notes the information provided by the Government in its report, in particular that the Government indicates that public sector employees not engaged in the administration of the State are afforded the right to self-organize, and that a registered government employees’ organization may negotiate, on behalf of the members of the negotiating unit, terms and conditions of employment, provided that it is able to secure an accreditation from the Civil Service Commission (CSC) as sole and exclusive negotiating agent for a particular negotiating unit (i.e. constitutional bodies and their regional offices; the executive department, including services and staff bureaux and regional offices; line bureaux and their regional offices; attached agencies; the legislature; the judiciary; state universities and colleges; government-owned and controlled corporations with original charters; and provinces, cities and municipalities). The following may be subject of negotiation: (a) schedule of vacation and other leaves; (b) personal growth and development; (c) communication system-internal (lateral and vertical), external; (d) work assignment/reassignment/detail/transfer; (e) distribution of workload; (f) provision for protection and safety; (g) provision for facilities for handicapped personnel; (h) provision for first aid medical services and supply; (i) physical fitness programme; (j) provision for family planning services for married women; (k) annual medical/physical examination; (l) recreational, social, athletic and cultural activities and facilities; (m) CNA incentive pursuant to PSLMC Resolution No. 4, s. 2002 and Resolution No. 2, s. 2003; and (n) such other concerns which are not prohibited by law and CSC rules and regulations.

The Committee notes that the subjects covered by collective bargaining do not appear to include such important aspects of conditions of work as wages, benefits and allowances, and working time. The Committee recalls in this connection that section 276 of the Labor Code provides that the terms and conditions of employment of all government employees, including employees of government-owned and controlled corporations, shall be governed by the civil service law, rules and regulations, and that their salaries shall be standardized by the National Assembly as provided for in the Constitution. Noting that the ITUC, in its most recent communication, confirms these restrictions on bargaining rights in the public sector, the Committee recalls that the Convention is compatible with systems requiring parliamentary approval of certain labour conditions or financial clauses of collective agreements, as long as the authorities respect the agreement adopted. The Committee therefore requests the Government to take the necessary legislative or other measures in order to expand the subjects covered by collective bargaining, in order to ensure that public sector employees not engaged in the administration of the State fully enjoy the right to negotiate their terms and conditions of employment, including wages, benefits and allowances, in accordance with Articles 4 and 6 of the Convention. It once again requests the Government to indicate any developments in this regard and provide copies of any relevant legislation adopted.