Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Rural Workers' Organisations Convention, 1975 (No. 141) - Philippines (Ratification: 1979)

The Committee recalls that, in its previous comments, in view of the particular difficulties facing rural workers’ organizations in assembling their members scattered around the country in a great number of islands, to elect their union leaders by direct ballot, it had referred to the need to amend section 241(c) and (p) of the Labor Code, which requires unions to hold elections of officers in the local or national union directly and by secret ballot, under penalty of dissolution or officer expulsion. The Committee notes the Government’s renewed reference to Department Order No. 40-03, which establishes guidelines for the conduct of the election of officers in the absence of any agreement among the members, or any provision in the union constitution and by-laws. The Committee also notes with interest that, as the Government indicates, Department Order No. 40-F-03 of 2008 reduces the grounds for cancellation of registration of labour organizations so that they no longer include the commission of acts enumerated under section 241(c) and (p). The Committee observes nevertheless that section 241 (renumbered to section 250) of the Labor Code continues to contain the above-noted onerous election requirement in subsection (c), and that subsection (p) still sanctions its violation with dissolution (albeit no longer included in the grounds for cancellation of union registration), or with officer expulsion. The Committee recalls that Article 5 of the Convention requires Members to carry out a policy of active encouragement to rural workers’ organizations, particularly with a view to eliminating obstacles to their establishment, their growth and the pursuit of their lawful activities. The Committee expresses the firm hope that section 250(c) and (p) of the Labor Code will be amended accordingly in the very near future. It requests the Government to provide information on any progress achieved in this respect.