Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Equal Remuneration Convention, 1951 (No. 100) - Philippines (Ratification: 1953)

Article 1(b) of the Convention. Work of equal value. Legislation. For many years, the Committee has been noting the restrictive interpretation given to “work of equal value” referred to in section 135(a) of the Labour Code, through the 1990 Rules implementing the Republic Act No. 6725, which define it to mean “activities, jobs, tasks, duties or services which are identical or substantially identical”. It urged the Government to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication that it is working towards the adoption of a departmental order issuing amendatory guidelines that will bring the definition into conformity with the Convention. The Committee emphasizes that the concept of “work of equal value” is fundamental to addressing occupational sex segregation, which characterizes the labour market in the Philippines, and that comparing the relative value of jobs in occupations which may involve different types of skills, responsibilities or working conditions, but which are nevertheless of equal value overall, is essential in order to eliminate pay discrimination (see General Survey on the fundamental Conventions, 2012, paragraph 675). The Committee urges the Government to ensure that the amendatory guidelines regarding the definition of “work of equal value” give full legislative expression to the principle of equal remuneration for men and women for work of equal value, including but not limited to, “identical”, “equal”, “the same” or “similar” work, but also encompassing work that is of an entirely different nature, but which is nevertheless of equal value.

Article 3. Objective job evaluation. The Committee has also been asking the Government for a number of years to provide information on the methods available to promote an objective evaluation of jobs free from gender bias. The Government indicates that the Department of Labor and Employment (DOLE) through the Bureau of Local Employment (BLE) is developing a Human Resource Development Plan (DOLE Administrative Order No. 145) which aims to provide a framework to identify and evaluate the skills, job requirements, needs, manpower and educational/training gaps of the country’s workforce for key industries. The Government adds that the BLE will inform and encourage industries/employers to adopt job analysis, evaluation programme and human resources development plans so as to establish the worth/value of each job in the organization. In this regard, the Committee draws the Government’s attention to the need to ensure that the methods used for the objective evaluation of jobs are free from gender bias. It is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. Often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (see General Survey, 2012, paragraph 701). The Committee asks the Government to take measures to ensure that the framework for the evaluation of skills and job requirements under the Human Resource Development Plan is free from gender bias and takes into consideration the under-representation of women in certain industries and occupations when assessing gaps in education and training. Please also provide specific information on the measures taken or envisaged to encourage companies to undertake objective job evaluation free from gender bias.

The Committee is raising other matters in a request addressed directly to the Government.