Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Part V (Annual holidays with pay), Articles 36–42 of the Convention. The Committee notes the Government’s indication that as of March 2013 there were 110 collective agreements in force covering more than 28,000 plantation workers. The Government adds that most of these agreements contain annual holiday with pay provisions in accordance with the law (i.e. five days of paid “incentive” leave after one year of service) while some provide for more favourable conditions. The Committee notes, however, that plantation workers who may not be covered by a collective agreement, are only entitled to annual paid leave if they work under the supervision of the employer whereas field personnel and other employees whose time and performance is unsupervised by the employer including those who are engaged on task or contract basis, purely commission basis or those who are paid a fixed amount for performing work irrespective of the time consumed, are not covered by such benefits. Recalling that the Convention requires all plantation workers – regardless the manner in which their work is organized or supervised – to be granted annual holidays with pay after a period of continuous service with the same employer, the Committee requests the Government to specify any measures taken or envisaged in order to give full effect to the requirements of this part of the Convention.

Part XI (Labour inspection), Articles 71–84. The Committee notes the Government’s explanations concerning the new labour laws’ compliance system introduced by the Department of Labor and Employment (DOLE) Order No. 131-13 of 2013 which consists of joint assessments by DOLE officials and representatives of employers and employees, compliance visits conducted by DOLE officials based on complaints and occupational safety and health standards inspections conducted by DOLE officials. The Government indicates that the new system is intended to shift the approach to enforcement of labour standards from a regulatory one to a developmental one and to promote a culture of voluntary compliance among establishments. The Committee requests the Government to provide in future reports detailed information, together with all available statistics, on the application of the new labour laws compliance system in practice, including for instance the number of inspection visits carried out in plantations, the number of workers covered by those inspection visits, the nature of infringements observed and the sanctions imposed.