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

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

The Committee notes the observations received from the International Trade Union Confederation (ITUC) on 1 September 2018 concerning challenges to the application of the Convention in practice. The Committee requests the Government to provide detailed information on the allegations raised therein.

Articles 1, 2 and 3 of the Convention. Protection against acts of anti-union discrimination and interference. In its previous comments, the Committee requested the Government to continue to provide information on steps taken to ensure that all remaining allegations of acts of anti-union discrimination and interference raised by the national and international workers’ organizations in their previous observations 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. The Committee takes due note of the detailed information provided by the Government and the resolution of these cases.

Concerning the need to take measures to strengthen in practice the protection available against acts of anti-union discrimination and interference, the Committee notes with interest the issuance on 18 October 2017 of Department Order No. 183 on new regulations on labour law inspection and the Revised Rules on the Administrative and Enforcement of Labor Laws which seek to strengthen the implementation of the visitorial and enforcement powers under the Labor Code towards securing a higher level of compliance with labor law standards. It further notes with interest the steps taken to ensure the participation of labor and employer organizations in the inspection of establishments provided through Department of Labor and Employment (DOLE) Administrative Order No. 164 of 2017 and the subsequent deputization of 126 trade union inspectors. Overall, the Government informs that out of more than 900,000 establishments nationwide, 136,986 were inspected from June 2016–June 2018. The intensified labour enforcement system has given rise to 217,491 workers being regularized.

As regards the authority to inspect in the export processing zones (EPZs) and special economic zones, the Government indicates that the Memorandum of Agreement which had been established between DOLE and the Philippine Economic Zone Authority (PEZA) was revoked on 8 January 2018 thereby affirming DOLE’s authority to inspect establishments in these zones. DOLE additionally undertakes to intensify the conduct of inspections of all establishments within the zones in order to strictly enforce labour, technical and occupational safety and health standards

The Committee further notes with interest the information concerning the progress made within the framework of the DOLE–ILO–EU–GSP+ Development Cooperation Project aimed at further improving the capacity of labour, employers and government toward the better implementation of freedom of association and collective bargaining.

Article 4. Collective bargaining in the public sector. In its previous comments, the Committee recalled 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 and requested 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. The Committee notes the Government’s indication that House Bills Nos 4553 and 5477 towards establishing a Civil Service Code have been filed and are pending in Congress. The Committee further notes with interest the recent ratification of the Labour Relations (Public Service) Convention, 1978 (No. 151), and the Government’s indication that it still needs to develop a labour relations framework in the public sector that is aligned to Convention No. 151. The Committee expects that when designing this framework it shall bear in mind that Article 4 of this present Convention calls for measures to be taken to promote machinery for voluntary negotiation on terms and conditions of employment for all workers, including those in the public service, with the exception only of those who are engaged in the administration of the State. The Committee trusts that the Government will take the necessary measures to ensure that all workers included in the scope of this Convention (including teachers, health-care workers, etc.) will be able to negotiate their terms and conditions of employment, including with respect to wages, benefits and allowances, and working time and requests it to keep it informed of developments in this respect.

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