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

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 3 and 5 of the Convention. Freedom to elect representatives. Obstacles to the functioning of rural workers’ organizations. The Committee recalls that in view of the difficulties for rural workers’ organizations in assembling their members scattered around the country in a great number of islands, it had expressed the firm hope that section 250(c) (requirement to hold elections of officers in the local or national union directly and by secret ballot) and that the penalty of cancellation of union registration or officer expulsion in violation of this direct voting requirement of the Labor Code would be amended (section 250). The Committee notes that the Government reiterates that Department Order No. 40-F-03 of 2008 is the implementing rules and regulations of Republic Act No. 9481 of 2007, which amended the Labor Code regarding grounds for cancellation of union registration (article 247, previously 239) to limit it to misrepresentation, fraud, and voluntary dissolution by the members. The Committee notes the Government’s indication that the penalty related to the cancellation of the trade union registration is deemed repealed and inoperative even without further legislation. The Committee observes that while the Labor Code provides for the application of the favourability principle (section 4), the fact that the Labor Code still contains the provision setting out explicitly, in its section 250, a penalty of cancelation in violation of the direct voting requirement, may lead to issues of ambiguity in interpretation between sections 247 and 250 of the Labor Code. Recalling that the penalty of officer expulsion in violation of section 250(c) of the Labor Code is incompatible with the principles of freedom of association set out in Article 3 of the Convention, the Committee notes with concern that the Government does not provide information regarding any measures taken or envisaged to amend or repeal this provision from section 250 of the Labor Code. Regarding the requirement of direct election, the Committee notes the Government’s indication that the right of workers to directly elect their trade union leaders is a rule, but, exceptionally, voting through a representative is also possible if provided for in the trade union’s constitution and by-laws. The Committee welcomes the Government’s indication that the Department of Labor and Employment is devising a procedure, through tripartite consultations, to use technology to enable online voting and the operationalization of this initiative will be part of the discussions related to the review and update of Department Order No. 40-F-03, which is expected to be completed in the first quarter of 2023. The Committee requests the Government to take all the necessary measures, in consultation with the social partners, to amend section 250 of the Labor Code to ensure its full conformity with the Convention. The Committee requests the Government to provide information on any progress on this matter and on the envisaged review of theDepartment Order No. 40-F-03 and, once adopted, to provide a copy of the reviewed regulations.

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

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.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee recalls that its previous comments concerned section 241(c) and (p) of the Labor Code which requires unions to organize members into locals and chapters, and to hold elections of local and national officers directly and by secret ballot, under penalty of dissolution or officer expulsion. The Committee further recalls that since 1999, the Government has been indicating its intention to review the Labor Code with a view to bringing it into conformity with the principles of freedom of association.

The Committee notes that in its report, the Government indicates that the Department of Labor and Employment is initiating a review of labour laws and legislation, including section 241(c) and (p) of the Labor Code, so as to align them with the ILO Conventions ratified by the Philippines. It further notes the Government’s indication that this process is on the priority agenda of the Department of Labor and Employment aimed to respond to the labour market realities through policy reforms. The Committee expresses the hope that section 241(c) and (p) of the Labor Code will be amended in the near future so as to allow rural workers’ organizations the right to choose the organizational structure they deem appropriate and requests the Government to transmit a copy of the amendments.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report.

In its previous observation the Committee, noting 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, had asked the Government to amend Rule II(3)(d) of the Implementing Rules of Book V of the Labor Code and section 241(c) and (p) of the Labor Code, which requires unions to: (1) organize members into locals and chapters, and (2) hold elections of local and national officers directly and by secret ballot, under penalty of dissolution or officer expulsion. The Government states in this respect that Rule II(3)(d) of the Implementing Rules has been amended by Department Order No. 40-03 of 2003. The Committee notes that Department Order No. 40-03 establishes guidelines for the conduct of the election of officers of labour unions and workers’ associations, and provides that these guidelines may be adopted in the absence of any agreement among the members, or any provision in the constitution and by-laws of a labour union or workers’ association. The Committee notes nevertheless that section 241(c) and (p) of the Labor Code, which also contain the above-noted restrictive election requirements, have not been amended.

The Committee takes note of the Government’s indications that the Department of Labor and Employment (DOLE) was considering the inclusion of a chapter on rural workers and the informal sector in the Labor Code, and that the Labor Code review process was still subject to ongoing consultations with the tripartite partners and other stakeholders. In these circumstances the Committee expresses the hope that, in the context of these anticipated legislative reforms, section 241(c) and (p) of the Labor Code would be amended so as to allow rural workers’ organizations the right to choose the organizational structure they deem appropriate, and requests the Government to inform it of the progress made in this regard.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report.

It notes in particular the Government’s indication that the Labour Code Review Project is still ongoing. Recalling 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, the Committee once again trusts that the necessary measures will be taken in the very near future to amend Rule II(3)(d) of Book V of the Labour Code and section 241(c) and (p), which imposes the organization of direct members into locals and chapters and direct elections by secret ballot of local and national officers, under penalty of dissolution or officer expulsion, in order to ensure that workers’ organizations may elect their representatives without interference by the public authorities. It requests the Government to transmit a copy of any proposed revisions of the Labour Code so that it may examine their conformity with the Convention.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information provided in the Government's report.

Article 3 of the Convention. Right of workers' organizations to elect freely their representatives. The Committee would recall that its previous comments concerned Rule II(3)(d) of Book V of the Labor Code and sections 241(c) and (p) which imposed the organization of direct members into locals and chapters and direct elections by secret ballot of local and national officers, under penalty of dissolution or officer expulsion. The Committee had already considered these legislative provisions to be incompatible with the principles of freedom of association set forth in Article 3 given 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 and given the principle that each rural workers' organization should be able to choose in full independence the organizational structure it deems most appropriate.

The Committee notes with interest Department Order No. 9 of 1997, amending the Rules Implementing Book V of the Labor Code, which would appear to make the creation of locals or chapters of labour organizations and workers' associations no longer mandatory. The Committee further notes from the Government's report that the Department of Labor and Employment (DOLE) is presently undertaking a Labor Code Review Project and that a proposal to amend section 241(c) of the Code to bring it in line with the principles of freedom of association has already been submitted and amendments to the rules and regulations would follow. The Committee trusts that the Government will take the necessary steps in the near future to amend section 241(c) (as read with the sanction of dissolution or officer expulsion in section 241(p)) and requests the Government to indicate, in its next report, the progress made in this regard.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information provided in the Government's report.

Article 3 of the Convention. In its previous comments, the Committee recalled the concern raised by the Federation of Free Farmers (FFF) in 1991 with respect to section 241(c) and (p) of Rule II(3)(d) of Book V of the Labor Code which impose direct elections by secret ballot of local and national officers and the organization of direct members into locals and chapters. The Committee had already considered these legislative provisions to be incompatible with the principles of freedom of association set forth in Article 3 given the particular difficulties facing rural workers' organizations in assembling their members scattered around the country to elect their union leaders by direct ballot and given the principle that each rural workers' organization should be able to choose in full independence the organizational structure it deems most appropriate.

The Committee notes with interest the Government's statement that it gives due attention to the difficulties being faced by rural workers' organizations as they comply with conditions for registration set forth in these sections of the Labor Code, and that the Bureau of Rural Workers (BRW) of the Department of Labor and Employment (DOLE) has proposed to come up with separate rules and regulations governing rural workers and other informal sectors which will take into consideration the peculiarities of these sectors and the need to make such rules and regulations compatible with Article 3 of the Convention. The Committee asks the Government to indicate, in its next report, the progress made in this regard.

The Committee also notes from the Government's report the issuance of a new DOLE Order No. 9 of 1997 (amending the Rules Implementing Book V of the Labor Code) and requests the Government to transmit a copy of this Order with its next report.

[The Government is asked to report in detail in 1999.]

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information in the Government's latest report which now indicates that the Federation of Free Farmers (FFF) is registered with the Bureau of Labour Relations as a workers' organization and as such it enjoys all the rights and privileges of such organization under the Labour Code. In this respect, the Committee recalls the concern of the FFF over the incompatibility of section 241(c) and (p) (direct election by secret ballot of local and national officers) of Rule II(3)(d) (direct members must be organized into locals and chapters) of Book V of the Labour Code with Article 3 of the Convention. It further recalls that it has already considered that these legislative provisions are not compatible with the principles of freedom of association set forth in Article 3 given the particular difficulties facing rural workers' organizations in assembling their members to elect their union leaders by direct ballot and given the principle that each rural workers' organization, including the FFF, should be able to choose in full independence the organizational structure it deems most appropriate. The Government is therefore requested to indicate, in its next report, the measures taken or envisaged to amend these provisions so as to permit rural workers' organizations to elect their representatives and choose their organizational structure in full independence in accordance with the provisions of the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee takes note of the communication sent by the Food and Agricultural Organization (FAO) which reached the Office while the Committee was sitting. This communication referred to various legislative texts which appeared to have a bearing on the application of the Convention. The Committee therefore proposes to examine their contents for its next session.

With regard to its previous direct requests noting the concern of the Federation of Free Farmers (FFF) over the incompatibility of section 241(c) and (p) and Rule II(3)(d) of Book V of the Labour Code with Article 3 of the Convention, the Committee takes note of the information contained in the Government's report that the provisions in question are applicable to and intended only to cover trade unions with specific employers or unions of workers in the formal sector and not to organizations of rural workers and of itinerant, ambulant and self-employed workers such as the members of the FFF.

In particular, it notes the Government's insistence on the fact that the practical difficulties faced by the FFF under section 241(c) and (p) (direct election by secret ballot of local and national officers) and Rule II(3)(d) (direct members must be organized into locals and chapters) - and found by the supervisory bodies to be incompatible with the principles of freedom of association - cannot be deemed violations as the Labour Code provisions only apply to labour organizations which exist for the purpose of collective bargaining or dealing with employers concerning terms and conditions of employment, and not to organizations of rural workers such as members of this Federation. The Committee, however, would refer the Government to the definition of rural workers in Article 2 of this Convention which clearly encompasses rural workers' organizations such as the FFF, and to the fact that the FFF is a duly registered national labour organization and has been referred to in previous government reports as one of the principal rural workers' organizations in the country. It asks the Government to clarify, in its next report, the registered status of the FFF (for example, should the FFF be covered by provisions of the Corporation Code or should it rather register under the Bureau of Rural Workers within the Ministry of Labour and Employment?).

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

With regard to its previous direct requests concerning the incompatibility of certain provisions of the Labour Code, as amended by Act No. 6715, with Article 3 of the Convention, the Committee notes the information contained in the Government's report. It states that the Comprehensive Agrarian Reform Act No. 6657 became law on 7 June 1988 and that, following ratification of Convention No. 144 and the establishment of machinery for tripartite discussion of international labour standard matters, this will provide the necessary impetus to the social partners to make the appropriate decision regarding Act No. 6715; it undertakes to inform the Committee of any developments in this regard and to solicit assistance should this become necessary.

In addition, the Committee takes note of the conclusions reached by the Committee on Freedom of Association in Case No. 1585 presented by the Federation of Free Farmers (FFF) against the Government of the Philippines (279th Report, paras. 119 to 150, approved by the Governing Body in November 1991). That Committee held in the particular circumstances of the case before it that section 241(c) and (p) of the Labour Code (requiring local and national officers of labour organisations to be elected directly by secret ballot) and section 3(d) of Book V, Rule II (requiring federations and national unions to organise their direct members into local chapters) are not compatible with the principles of freedom of association given the difficulties - proven in that case - facing rural workers' organisations in assembling their members (for example, geographic and climatic conditions, transport and communication problems, huge costs and administrative difficulties) and given the principle that each rural workers' organisation, including the FFF, should be able to choose, in full freedom, the organisational structure it deems most appropriate. The present Committee endorses these conclusions and asks the Government to keep it informed of any amendments adopted to bring its legislation into line with the provisions of the Convention.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

With regard to its previous direct requests concerning the incompatibility of certain provisions of the Labor Code with Article 3 of the Convention, the Committee takes note of the information contained in the Government's report.

In particular, the Committee notes the promulgation of Act No. 6715 (the outcome of various Bills referred to in earlier reports), as well as the enactment of certain other legislation for agrarian reform and the elaboration of draft legislation aiming at a programme of comprehensive rural development. The Committee requests the Government to inform it of the adoption of the draft legislation and to send it the relevant texts once enacted.

As regards the compatibility of Act No. 6715 with the requirements of the Convention, see under Convention No. 87, as follows:

1. The Committee notes the amendments made to Book V of the Labor Code by Act No. 6715 and its Regulations. It notes in particular that section 3(f) of Rule II, Book V, provides that no person who is not an employee or worker of the company or establishment can be elected or appointed as an officer of a trade union.

The Committee wishes to draw the Government's attention to paragraph 158 of its 1983 General Survey on Freedom of Association and Collective Bargaining and in particular to the fact that, by virtue of the principle set out in Article 3 of the Convention, workers have the right to elect their representatives in full freedom without any intervention by the public authorities which would restrict the exercise of this right. In the Committee's opinion, provisions such as the one referred to above may prevent qualified persons, such as pensioners or full-time union officers, from carrying out union duties. Trade union organisations should be left to themselves to determine this matter through their own rules.

The Committee therefore requests the Government to envisage making its legislation more flexible by lifting the requirements that are set out regarding occupation for a reasonable proportion of trade union officers and to supply information on the measures that it intends to take to conform to these provisions of the Convention.