Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Part V (Annual holidays with pay), Articles 36–42 of the Convention. The Government reiterates information provided in its previous report, according to which certain categories of plantation workers are not covered by holiday pay and service incentive leave. These include field personnel and other employees whose time and performance is not supervised by the employer, including those engaged on a task or contract basis, a purely commission basis, or those paid a fixed amount for performing work regardless of hours worked. The Government indicates that, for other workers, it regularly issues labour advisories and media campaigns to remind employers to grant workers’ holiday pay and service incentive leave and conducts inspections to monitor compliance with these obligations. However, it does not provide information on measures taken or envisaged to ensure these benefits to employees whose performance is not supervised by the employer. The Committee recalls once again that the Convention requires all plantation workers – regardless of 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 therefore reiterates its request that the Government specify the measures taken or envisaged in order to give full effect to the requirements of this Part of the Convention for all categories of plantation workers. The Committee also requests the Government to provide more information on the categories of workers addressed by its labour advisories and media campaigns.

Part XI (Labour inspection), Articles 71–84. The Committee notes the statistical information provided by the Government indicating that, in 2017, the Government, through the Department of Labour and Employment (DOLE), conducted 361 inspections in enterprises in the agriculture, forestry and fishing sectors, which employed a total of 32,197 workers. According to the Government, the inspections showed that the most common violations of labour provisions included: (a) non-coverage of workers and non-payment of their social security contributions; (b) non-payment and underpayment of wages; (c) non-payment and underpayment of overtime pay; (d) non-payment of holiday pay, special pay and rest days for entitled workers; and (e) provision of service incentive leave for entitled workers. The Committee also notes that, on 18 October 2017, the Government issued Department Order No. 183, Series 2017, which revised the DOLE rules on the administration and enforcement of labour legislation. The Committee notes that prior to the enactment of Department Order No. 183, the DOLE implemented a developmental approach in conducting labour inspection, whereas the approach under the revised rules is now regulatory, with the objective of ensuring a higher level of labour law compliance. In this regard, the Committee notes that under Rule VI, section 1 of Department Order No. 183, the DOLE is now authorized to carry out surprise inspections and is no longer required to provide employers with prior written notice. In addition, the DOLE issued Administrative Order No. 164 encouraging the participation in inspection of members of legitimate labour organizations, legitimate workers’ associations, chartered locals, national unions and federations, accredited integrated professional organizations/accredited professional organizations, non-governmental organizations, and employers’ organizations. Rule III, section 4 of Department Order No. 183 provides that participation in inspections is subject to the requirements of Administrative Order No. 164. Noting the Government’s efforts to strengthen and improve the labour inspection system, the Committee requests the Government to provide updated statistical information on the number of inspections conducted specifically on plantations, the results of such inspections, as well as any sanctions imposed.