Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Philippines (Ratification: 1991)

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Articles 1, 2 and 5 of the Convention. Procedures which ensure effective tripartite consultations with representative organizations of employers and workers. The Committee notes the Government’s indication that, between May 2018 and March 2022, the National Tripartite Industrial Peace Council (NTIPC) adopted several tripartite resolutions supporting the ratification of the Labour Inspection Convention, 1947 (No. 81), the Indigenous and Tribal Peoples Convention, 1989 (No. 169), and the Violence and Harassment Convention, 2019 (No. 190). Subsequently, a Technical Working Committee was established to work towards the ratification of Convention No. 190 in consultation with the stakeholders, including the social partners. The Committee further notes that, in September 2020, the NTIPC adopted Resolution No. 03, Series of 2020, endorsing the Philippines’ application for inclusion in the ILO whitelist of Member States under the Seafarers’ Identity Documents Convention (Revised), 2003, as amended (No. 185). The application was approved in December 2020, making the Philippines the first among the ILO Member States having ratified Convention No. 185 to have fully satisfied its requirements. The Committee further notes the information provided by the Government regarding tripartite consultations held within the NTIPC on labour legislation and social and economic policies (Paragraph 5(c) of Recommendation No. 152), which included consultations on the issuance of employment permits for foreigners, the recruitment and placement of domestic workers and workers in industry, as well as on the set of policies adopted to ensure the protection of workers’ rights and preserve employment during the COVID-19 pandemic. In addition, from 2020 to the first semester of 2022, the Department of Labor and Employment (DOLE) organized 64 tripartite meetings and 10 sectoral dialogues to discuss issues related to freedom of association and measures taken to address the impact of the COVID-19 pandemic, such as wage subsidies and occupational safety and health measures. The Government reports that, during the pandemic, the DOLE took measures to provide a platform for social dialogue, through videoconferencing, online surveys, and emails with the aim of gathering sectoral inputs on labor and employment policies. Lastly, the Government indicates that the DOLE has expanded the membership in the NTIPC and Tripartite Industrial Peace Councils (RTIPCs) to include representatives of the informal economy, women, young persons, migrants, and the public sector.

While taking due note of this information, the Committee recalls its 2022 comments on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), in which it noted the observations of the International Trade Union Confederation (ITUC) alleging continued and serious violations of workers’ civil liberties and freedom of association rights. In this respect, the Committee draws the Government’s attention to Article 1 of the Convention, which defines “representative organisations” for purposes of the Convention as “the most representative organisations of employers and workers enjoying the right of freedom of association”. Moreover, in its Article 2(1) the Convention requires ratifying countries to operate procedures that ensure effective consultations on the normative matters listed in Article 5(1) of the Convention between the tripartite partners.

In these circumstances, the Committee requests the Government to provide details on how it ensures that all representative organizations within the meaning of Article 1 of the Convention, take part in the effective consultations on the each of the matters listed in its Article 5. The Committee also asks the Government to indicate the frequency, content and outcomes of the tripartite consultations held on each of these matters, including those on: questionnaires concerning items on the agenda of the International Labour Conference (Article 5(1)(a)); the submission to the National Congress of instruments adopted by the Conference (Article 5(1)(b)); the reports on ratified Conventions to be made to the Office under article 22 of the ILO Constitution (Article 5 (1)(d)); and proposals for the denunciation of ratified Conventions (Article 5(1)(e)).Lastly, theCommittee requests the Government to provide information on developments with respect to the possible ratification of Conventions Nos 81, 169 and 190.