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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Philippines (Ratification: 1953)

Article 2 of the Convention. Registration requirements for trade unions in the public sector. With regard to the allegations of the Center for United and Progressive Labor (SENTRO) that the requirements for union registration in the public sector are overly stringent, the Committee had requested the Government to provide information on any developments regarding the review of registration requirements for trade unions in the public sector, in particular the extent to which the requirements viewed as onerous by the SENTRO are being streamlined, and to provide a copy of any new regulations adopted. The Committee notes the Government’s indication that the proposed amendment to the Implementing Rules and Regulations of Executive Order No. 180, while being prioritized, has been held in abeyance pending further consultation with the stakeholders, election of the sectoral representatives and reconstitution of the tripartite Public Sector Labor–Management Council (PSLMC). The Government adds that a 10 per cent signature support requirement is in its view not onerous and this can be further seen in the general increase in registered public sector unions from 2010–16. Additionally, the Government has been flexible in its practices in order to respond to the needs and peculiarities of organizational units in the public sector. The Committee requests the Government to inform of the progress made in amending the Implementing Rules and Regulations of Executive Order No. 180 and to provide a copy once issued.

Article 3. Right of workers’ organizations to organize their administration and activities and to formulate their programmes without interference by the public authorities. The Committee previously noted that, under section 232 of the Labor Code, the Bureau of Labor Relations (BLR) and the Labor Divisions in the Department of Labor and Employment (DOLE) regional offices, have the authority to act, either at their own initiative or upon request of either or both parties, on all inter-union and intra-union conflicts, and all disputes, grievances or problems arising from or affecting labour–management relations in all workplaces, except those arising from the implementation or interpretation of collective bargaining agreements. The Committee requested the Government to provide further details in relation to the procedure followed in the event that a dispute has not been settled during the 30-day mandatory conciliation-mediation, in order for the Committee to be able to assess the circumstances in which recourse to this mechanism might result in compulsory arbitration. The Committee notes the detailed procedure for the use of mediator-arbiters described by the Government and the intention to institutionalize a Single Entry Approach Program (SEnA) in order to de-judicialize the dispute-settlement procedures, thus fostering fair, speedy and inexpensive labour justice. The Committee notes that under Department Order No. 151-16 of 2016, notices of strike and lockout are exempt from its coverage. The Committee requests the Government to provide statistics on the number and nature of cases dealt with by the SEnA.

[The Government is asked to reply in full to the present comments in 2020.]