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

Equal Remuneration Convention, 1951 (No. 100) - Philippines (Ratification: 1953)

The Committee notes the Government’s reports.

Articles 1 to 4 of the Convention. Assessing and addressing the ender pay gap and its underlying causes. With reference to its previous comments, the Committee notes, from the Government’s reports, that the average daily basic pay shows that, for the period 2016-2020, women earn, on average, 8.8 per cent more than men. However, the Government does not provide the necessary information to assess the adjusted gender wage gap. In its previous comment, the Committee indicated that, once differences in amounts of paid work were taken into account, the adjusted gender wage gap was estimated to range between 23 and 30 per cent in favour of men. It notes, from the concluding observations of the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW), that concerns remain about the wide gender wage gap in favour of men and the restrictive interpretation of the principle of equal pay for work of equal value (CEDAW/C/PHL/CO/7-8, 25 July 2016, para. 35). Noting that the Government does not provide information with regard to its previous requests, the Committee once again asks the Government to:

• (i)provide information on any specific measures taken or envisaged to reduce the gender pay gap, including identifying and addressing the underlying causes of wage inequalities; and
• (ii)promote women’s access to a wider range of jobs, particularly higher paying jobs. The Committee also asks the Government to continue to provide statistical data on the distribution of men and women, according to economic sector and occupation, and to take the necessary steps to collect data on their average monthly pay in the respective economic sectors and occupations in order to calculate the adjusted gender wage gap.

Pay inequality in the public sector. In reply to the Committee’s previous request, the Government refers to the adoption of Republic Act (RA) No. 11466 (an Act modifying the salary schedule for civilian government personnel and authorizing the grant of additional benefits and for other purposes). The Committee notes that section 2(a) of RA No. 11466 provides that “difference in pay shall be based upon substantive difference in duties, responsibilities, accountabilities and qualification requirements of the positions”. The Committee also notes the salary schedule, detailed in section 7, and implemented in four tranches. The Committee requests the Government to clarify if the adoption of RA No. 11466 consequently repealed the Salary Standardization Law. It also requests the Government to provide:

• (i)statistical information on the remuneration levels of men and women in the public sector, disaggregated by occupation; and
• (ii)information on the causes and extent of the gender pay gap in the public sector, and any steps taken or envisaged to address it, including with regard to occupational segregation.

Article 2(2)(b). Wage determination (productivity-based pay). Noting that the Government does not reply to its previous requests on this point, the Committee once again asks the Government to provide:

• (i)specific information on how it promotes the principle of equal remuneration for men and women for work of equal value in the productivity-based pay system of the two-tiered wage system (TTWS), including in the issuance of advisories by the Regional Tripartite Wages and Productivity Boards and in any agreements reached between employers and employees regarding productivity bonuses and incentives;
• (ii)examples of any advisories issued under the scheme;
• (iii)information on gender-focused agenda items in collective bargaining and negotiation agreements, including examples of any provisions in collective agreements which relate to the principle of the Convention; and (iv) information on the number of men and women covered by these agreements and their distribution in the different wage levels.

Minimum wages. With reference to its previous comment, the Committee notes the Government’s indication, that under the National Wages and Productivity Commission (NWPC) Guidelines No. 03, Series of 2020, the Regional Tripartite Wages and Productivity Boards consider the following factors in determining the minimum wage for domestic workers: the needs of workers and their families, wage adjustment vis-à-vis the consumer price index, the poverty threshold, and household income of the average domestic worker. The Committee takes due note of the information provided by the Government on the minimum wage in the different regions of the country, and notes that, in the capital region, where the minimum wage is the highest, the daily minimum wage for workers in private establishments is around 500 Philippine pesos (PHP), whereas for domestic workers it is around PHP200. Regarding compliance with the minimum wage law, the Government indicates that 13 per cent of establishments inspected in 2015 were found not to be in compliance with the minimum wage law, down from 16 per cent in 2013. The Committee notes that the Government declares that the Department of Labor and Employment continues to implement the new Labour Law Compliance System (LLCS), but that it does not provide specific information on the matter. Recalling that domestic work is a female dominated sector, the Committee requests the Government to explain the reasons for such a difference in the minimum wage between private establishment workers and domestic workers. It requests the Government to provide information on:

• (i)how it is ensured that the criteria used to set the minimum wage for different sectors are free from gender bias;
• (ii)the minimum wage in the various industries and on any increase decided by the NWPC;
• (iii)minimum wage compliance, particularly in industries predominantly employing women, including manufacturing, wholesale and retail trade, domestic work, and in export processing zones, and indicating the number of men and women respectively affected by violations detected; and
• (iv)the number of men and women respectively receiving the minimum wage disaggregated by economic sector. Noting that the Government does not provide information in this regard, the Committee once again requests it to provide information on any practical measures taken or envisaged to assist workers to enforce their rights to receive minimum wages.