Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

The Committee notes the observations received from the following workers’ organizations: (i) the Trade Union Confederation Congress of the Philippines (TUCP) (25 June 2013) referring to matters before the Committee on Freedom of Association (Case No. 3037); (ii) the International Trade Union Confederation (ITUC) (1 September 2015); (iii) Education International (EI) and the National Alliance of Teachers and Office Workers (SMP–NATOW) (28 September 2015); and (iv) the Center of United and Progressive Workers (SENTRO) (1 October 2015). The Committee also notes the comments received from the Government in reply to the observations received from the ITUC, IE and the SMP–NATOW; and the SENTRO. The Committee requests the Government to provide its comments on the pending observations of the SENTRO, in particular with regard to the requirements for union certification elections.

The Committee had previously noted the Government’s comments on the 2011 ITUC observations on anti-union dismissals and acts of interference on the part of the employer and requested the Government to provide information on any developments in this regard. The Committee notes the Government’s comments on the progress made in these cases, in particular the closure of two out of the seven cases, in which the parties had reached a settlement, facilitated by the National Conciliation and Mediation Board (NCMB), and the indication that the remaining five cases are being addressed. The Committee requests the Government to continue to provide information on any further developments in this regard as well as in relation to the pending 2012 ITUC observations.

Articles 1, 2 and 3 of the Convention. Protection against acts of anti-union discrimination and interference. The Committee had previously noted the Government’s comments on the observations submitted by the ITUC in 2010 and previous years on 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, as well as other anti-union tactics in export processing zones (EPZs) and other special economic zones. The Committee had requested the Government to continue to provide information concerning any developments with regard to the investigation of these allegations. The Committee notes that the Government states that: (i) the National Tripartite Industrial Peace Council-Monitoring Body (NTIPC-MB) issued Resolution No. 8 of 2012 to facilitate gathering of information on 17 cases of alleged violations of trade union rights within economic zones that were presented by the Kilusang Mayo Uno (KMU) in its observations from 30 September 2009; and (ii) many of the cases have already been settled or are being addressed. In this respect, the Committee also notes the Government’s comments on the 2015 ITUC and SENTRO observations alleging further violations of trade union rights and anti-union practices (including anti-union dismissals and employer interference, blacklisting of trade union members and activists and replacement of strikers), indicating that: (i) the specific cases of anti-union acts and interference reported by the ITUC and the SENTRO have been validated and settled or are being monitored by the NTIPC-MB and the Regional Tripartite Monitoring Bodies (RTMBs); and (ii) the number of unfair labour practices cases filed before the NCMB and its regional branches has considerably decreased. The Committee takes note of this information and trusts that the Government will continue to take steps to ensure that all remaining allegations of acts of anti-union discrimination and interference, including in EPZs, are addressed 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 on any developments in this regard.

Concerning the strengthening in practice of the protection available against acts of anti-union discrimination and interference, the Committee noted in its previous comments the Government’s indication of specific measures taken in this regard. The Committee welcomes the additional information provided by the Government in its report on the Incentivizing Compliance Program, referred to as the new Department of Labor and Employment (DOLE) Labor Laws Compliance System (LLCS), in particular the indications that: (i) the LLCS combines both regulatory and developmental approaches and involves a joint tripartite assessment and certification process to determine compliance by establishments with all labour laws, including freedom of association and collective bargaining; (ii) for a more effective monitoring, compliance officers are provided with an electronic checklist of labour law compliance based on decent work indicators, which makes data instantly available for viewing and processing in order to generate reports, statistics, and summonses; (iii) in case of deficiencies in compliance with labour standards, DOLE regional officers and compliance officers can provide technical assistance and educate employers and workers on labour laws; and (iv) to improve the efficiency of the LLCS, the Secretary of Labor and Employment issued an administrative order specifying five compliance assessment modalities. Taking note of these developments, the Committee requests the Government to provide further information on the functioning of the LLCS in practice, including on the participation of the social partners in the establishment of assessments of compliance of enterprises with the principles of freedom of association and collective bargaining, and to continue providing information on any legislative or other measures taken or envisaged to strengthen, in law and in practice, the protection available against acts of anti-union discrimination and interference, with special emphasis on EPZs and special economic zones.

In its previous comments, the Committee noted with concern that, under item 14(a) of the Standard Employment Contract used by the Philippines Overseas Employment Administration (POEA) provided by the Government in 2012, engaging in trade union activities constitutes a ground for termination of the contract. The Committee requested the Government to take all necessary measures to remove this ground for termination from item 14(a) of the POEA Standard Employment Contract and to provide an estimate of the number of workers governed by this sample contract. The Committee notes the Government’s indication that the provision in the Standard Employment Contract making the act of engaging in trade union activities a ground for termination of employment was removed in December 2008 pursuant to Memorandum Circular No. 08 of 2008.

Article 4. Collective bargaining in the public sector. In its previous comments, the Committee noted 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 Committee noted that the areas that may be subject to collective negotiation do not include such important aspects of conditions of work as wages, benefits and allowances, and working time, and requested the Government 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 the conditions of employment. In this regard, the Committee notes the observations of EI and the SMP–NATOW, as well as those of the SENTRO, referring to: (i) the limitations on the subjects of collective bargaining in the public sector; (ii) the decrease in the number of workers covered by collective bargaining agreements (CBAs), including in the public sector; and (iii) the non-ratification of the Labour Relations (Public Service) Convention, 1978 (No. 151). The Committee observes that in its comments the Government provides statistical data on union membership and on workers covered by CBAs and states that the CBA coverage range has been fluctuating in recent years mostly due to the fact that, while every year new CBAs are concluded, others expire. The Committee also notes that the Government informs about the adoption by the NTIPC of Resolution No. 6 of 2014, recommending: (i) the issuance of an Executive Order institutionalizing social dialogue in the public sector; (ii) the amendment of Executive Order No. 180, which limits the form in which government workers can bargain collectively by prohibiting their right to strike; and (iii) the ratification of Convention No. 151. The Resolution also urges the concerned agencies to revoke resolutions with provisions violating the rights of public sector workers to organize and negotiate collectively, and to review and modify the implementation of Executive Order No. 80, which limits collective negotiation in the public sector since it precludes negotiation on cash incentives. The Government further indicates the adoption of two resolutions calling on the DOLE to pursue the ratification of Convention No. 151. The Committee takes note of this information and requests the Government to take the necessary legislative or other measures to expand the subjects covered by collective bargaining, so as 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, and working time in accordance with Article 4 of the Convention. It requests the Government to continue to indicate any developments in this regard and to provide copies of any relevant legislation adopted.

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