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

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

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the Government’s indication that the penalty related to the cancellation of the trade union registration is deemed repealed and inoperative even without further legislation.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.