Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Domestic Workers Convention, 2011 (No. 189) - Philippines (Ratification: 2012)

Articles 2, 15(2) and 18 of the Convention. Scope of application. Consultations. Private employment agencies. The Committee takes note of the information provided by the Government in its response to the Committee’s previous request concerning consultations on measures taken to protect domestic workers recruited or placed by private employment agencies against abusive practices. The Government reports on the consultation process followed in relation to the enactment, through the Department of Labour and Employment (DOLE), of the Rules and Regulations Governing the Recruitment and Placement of Domestic Workers by Private Employment Agencies (PEAs) for Local Employment (Department Order No. 217 of 2020). It indicates that the text was initially discussed in the Tripartite Executive Committee (TEC), as the technical working group of the National Tripartite Industry Peace Council (NTIPC), in January 2020. Subsequently, the TEC approved the proposed text and transmitted it to the NTIPC, which adopted it and recommended its approval by the DOLE. The Committee notes the Government’s indication that the DO 217-20 aims to regulate and recognize the participation of PEAs in the recruitment and placement of domestic workers through a registration and licensing system and recognizes the need to protect domestic workers from abuses (DO 217-20, section 1). Recalling its 2023 observation under the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee notes that section 4 of the DO 217-20 requires applicants for a license to operate a private employment agency for the recruitment of domestic workers to submit a notarized affidavit of undertaking confirming that they shall not collect any fees from job applicants and shall “denounce and never support or engage in any or all acts involving illegal recruitment, trafficking in persons nor any violation of anti-child labour laws.” Section 8 of the Implementing Rules and Regulations of Republic Act No. 10361 on Domestic Workers of 2013 require PEAs to: secure the best terms and conditions of employment for the domestic worker; ensure that the domestic employment agreement stipulates the terms and conditions of employment and provides for all benefits under the law; provide a pre-employment orientation for the domestic worker and employer to inform them of their rights and duties; ensure that the domestic worker is not charged any recruitment of placement fees; and retain copies of the employment contracts of recruited domestic workers for inspection by the DOLE or local government officials. In addition, section 9 requires PEAs to assist the domestic worker in the event of filing grievances against their employers, and to cooperate with government agencies in rescue operations involving abused domestic workers. The Committee notes that the Government does not provide information on consultations held with respect to the exclusion of categories of workers from the scope of application of the Convention (Article 2 of the Convention). The Committee requests the Government to continue to provide updated information concerning consultations held with the most representative organizations of domestic workers and employers, including any consultations held with respect to the exclusion of categories of workers from the scope of application of the Convention (Article 2(2) of the Convention). The Committee further requests the Government to provide detailed information, including statistical data, on the impact of the DO 217-20 on the protection of domestic workers placed by private employment agencies (PEAs) against abusive practices, including in the context of rescue operations carried out to extract domestic workers from abusive situations. It also requests the Government to provide information on the number and type of violations detected in the context of abuses committed by private employment agencies, and the sanctions imposed, if any.

Article 3(2)(a). Freedom of association. The Committee recalls that the NTIPC, the main consultative and advisory mechanism within the DOLE, is replicated at regional and industry levels through the Regional Tripartite Industrial Peace Councils (RTIPCs) and the Industry Tripartite Council, respectively. The Government indicates that these mechanisms were expanded to include representatives from the public sector, the formal sector, the informal economy, women, youth and migrants. The Government indicates that there is currently no industry tripartite council at the national level which is specifically for domestic workers, but expresses the view the expanded RTIPC membership can address matters concerning the protection and promotion of domestic workers’ rights and welfare during assemblies. It adds that domestic workers are represented in the RTIPCs in the regions as part of the informal economy. The Committee nevertheless once again recalls Rule IV(17) of the Implementing Rules and Regulations of Republic Act No. 10361, which stipulate that the RTIPC shall create a subcommittee within the Council to ensure adequate representation of domestic workers in social dialogue on issues and concerns specific to their work and welfare. The Government yet again does not provide information with respect to whether or not this subcommittee has been created. In addition, the Committee recalls that it has been commenting for a number of years on the application of the Freedom of Association and the Right to Organize Convention, 1948 (No. 87), requesting the Government to provide information on progress made in amending the Labour Code to grant the right to organize to all workers residing in the Philippines, whether or not they hold a residence or working permit, to enable them to benefit from the trade union rights provided by Convention No. 87. The Committee once again reiterates its request that the Government provide information on the constitution of the subcommittee provided for under Rule IV (17) of the Implementing Rules and Regulations, to ensure adequate representation of domestic workers – working in both the formal and informal economies – in social dialogue processes. In addition, referring to its comments under Convention No. 87, the Committee requests the Government to provide detailed updated information on measures taken or envisaged to ensure that all domestic workers in the Philippines, including migrant domestic workers, are able to effectively exercise their freedom of association and collective bargaining rights, regardless of whether or not they have a residence or working permit.

Articles 3(2)(b) and (d), 8 and 15. Migrant domestic workers. The Committee notes the information provided by the Government concerning a series of measures taken to prevent and address trafficking in persons, including migrant domestic workers. The Government reports that, on 28 July 2020, through the Inter-Agency Council Against Trafficking (IACAT), it launched the Integrated Case Management System (ICMS), a digital case management system to track and ensure coordinated government action on cases involving the trafficking of Overseas Filipino Workers (OFWs). The IACAT and the Philippines Overseas Employment Administration (POEA) have also adopted an online monitoring system containing information on those involved in trafficking in persons: the TIP Blacklist. The system will contain information on persons or entities facing civil, criminal or administrative charges in relation to alleged involvement in trafficking in persons under the pretext of overseas employment, and includes Philippine and foreign PEAs, as well as direct employers. Pursuant to its Rules, the POEA is empowered to issue an order of preventive suspension or temporary disqualification against licensed PEAs or employers on the TIP Blacklist. After the case is resolved against the PEA or its officers, the POEA is mandated to commence administrative proceedings and impose appropriate penalties, which may include cancellation of the PEA license and disqualification of its officers. In addition, the Committee notes the adoption on 30 December 2021 of Republic Act No. 11641, establishing the Department of Migrant Workers. The Act, which came into force on 3 February 2022, provides for increased protection of the rights of OFWs and undertakes to realize the objectives of the Global Compact for Safe, Orderly and Regular Migration (GCM). In this context, the Committee recalls that it has been raising a number of issues in recent years with respect to migrant domestic workers in the context of the application of other ILO Conventions, particularly the Migration for Employment Convention (Revised), 1949 (No. 97), in which the Committee requested information on the effectiveness of the Household Service Workers Programme on the protection of the rights of these workers, as well as the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), and Convention No. 182, in which it requested the Government to take all necessary and timebound measures to protect and remove child domestic workers from the worst forms of child labour and to provide direct assistance to ensure their rehabilitation and social integration. The Committee notes that, in its concluding observations of 23 May 2023, the UN Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW) expressed concern at the persistently high number of complaints made by overseas Filipino workers, particularly women domestic migrant workers in the Gulf States, including on issues related to non-payment of wages, insufficient food and rest periods, allegations of physical, psychological and verbal abuse, including sexual abuse, and extreme violence that has even led to death. The Committee also expressed concern about the extent to which perpetrators are investigated and prosecuted (CMW/C/PHL/CO/3, paragraph 31). In addition, in its concluding observations of 14 November 2023, the UN Committee on the Elimination of Discrimination against Women (CEDAW) noted with concern that the Philippines remains a source, destination and transit country for trafficking in persons, in particular women and girls, for purposes of sexual exploitation and labour exploitation. The CEDAW noted that a significant proportion of the population of the Philippines is employed abroad and that, in 2022, 57.8 per cent of overseas Filipino workers (1.13 million persons) were women. It expressed concern that, a significant number of women overseas Filipino workers are exploited in domestic work, which constitutes trafficking in human beings. It noted numerous cases of discrimination against women overseas Filipino workers, particularly women domestic migrant workers, with regard to working conditions, allegations of physical, psychological and verbal abuse, including sexual abuse, and the impunity of perpetrators (CEDAW/C/PHL/CO/9, paragraphs 29 and 31). In view of the above and referring to its comments under theForced Labour Convention, 1930 (No. 29) and Conventions Nos 97, 143 and 182, the Committee requests the Government to provide detailed updated information, including statistical data, on the nature, scope and impact of measures taken at the national and international levels, to protect the rights of Filipino migrant domestic workers and to rescue, return and reintegrate these workers in the event of abuses. Lastly, with respect to its previous comments on the issue of the age restrictions for the departure of domestic workers, the Committee once again reiterates its comments under Conventions Nos 97 and 143 and requests the Government to provide information in this respect.

Article 4. Child domestic workers. The Government indicates that, in partnership with the ILO, the DOLE and other key agencies, the Department of Social Welfare and Development (DSWD) has developed Strategic Helpdesks for Information, Education, Livelihood and other Developmental Interventions (SHIELD) to strengthen efforts to address child labour at the local level. Community helpdesks and a local registry on child labour have been established during the pilot implementation of SHIELD in Regions IV Calabazon, V, VII and X, in addition to advocacy and capacity building efforts. The Government adds that child labourers are provided with support services, including educational assistance and training, and service providers and local officials are trained on management of child labour cases. The Government reports that 516 child labour cases were detected in the pilot areas, with 452 children being removed from child labour. Recalling its 2023 Observation under Convention No. 182, the Committee notes that the Government does not provide information concerning the number of child domestic workers identified and removed from child labour during the reporting period. Nor does the Government provide information requested by the Committee with respect to the results of measures taken under the Joint Memorandum Circular No. 2015-002 concerning the Protocol on the Rescue and Rehabilitation of Abused Kasambahay (domestic workers) pursuant to Republic Act No. 10361. It once again recalls that the Committee on the Rights of the Child (CRC), in its concluding observations of 26 October 2022, expressed its concern about the very high number of children subjected to child labour, and urged the Government to intensify labour inspections and training of investigators, particularly in relation to domestic workers, and to ensure the imposition of sanctions in case of violation of the applicable legislation, as well as to intensify efforts to withdraw children from child labour and strengthen their reintegration and access to education (CRC/C/PHL/CO/5-6, paragraph 38(c) and (d)). In view of the above, the Committee once again refers to its comments under Convention No. 182 and requests the Government to provide detailed updated information, including statistical data, on the numbers of minor children in domestic work, as well as the nature and impact of measures taken to intensify efforts to detect cases of child domestic work, to remove children from the worst forms of child labour, impose appropriate sanctions on perpetrators, and provide child domestic workers with access to education and other support services.

Article 10. Equal treatment between domestic workers and workers in general. Working hours and stand-by hours. The Government indicates that it continues to implement the provisions on equal treatment of domestic workers under Republic Act No. 10361. It adds that domestic workers are provided with a streamlined process to provide them with speedy, impartial and inexpensive redress in the event of violations. The Government continues to negotiate bilateral agreements with countries of destination in which there are large concentrations of overseas Filipino workers (OFWs), with the aim of protecting their rights and welfare. In this respect, the Government indicates that the Standard Employment Contract for migrant Filipino workers includes: the issued by the DOLE right to eight hours of uninterrupted rest per day and one full rest day. The Committee nevertheless notes that the Government has not provided information requested on the regulation of stand-by work (Article 10(3) of the Convention). The Committee therefore requests the Government to provide detailed, updated information on the manner in which equal treatment for national and overseas domestic workers is implemented in practice. In this context, the Government is requested to provide copies of standard employment contracts of both national and migrant workers. Lastly, the Committee requests the Government to provide concrete information on the manner in which stand-by hours of work, during which domestic workers are not free to dispose of their time as they wish and remain at the disposal of the household, are calculated and compensated, as contemplated under Article 10(3), taking into consideration paragraph 9 of the Domestic Workers Recommendation, 2011 (No. 201).

Article 11. Minimum wages. The Government indicates that from July 2018 to May 2021, the Regional Tripartite Wages and Productivity Boards (RTWPBs) issued 15 minimum wage orders granting wage increases for domestic workers in the different regions. During this period, the National Capital Region (NCR) provided for a monthly increase of 1,500 Philippine pesos, bringing the monthly minimum wage for domestic workers in the NCR to 5,000 pesos. The Government indicates that wage increases for areas outside of the NCR ranged from 500 pesos to 2,000 pesos, establishing monthly minimum wages ranging from 2,000 pesos to 5,000 pesos per month, depending upon the region concerned. The Committee notes that additional wage orders have been issues, most recently Wage Order No. NCR-24, which establishes a new monthly minimum wage of 6,000 pesos for domestic workers in the NCR region. The Committee further notes that, in accordance with the mandate of the RTWPBs under section 24 of Republic Act No. 10361 to review and adjust the minimum wage for domestic workers, the National Wages and Productivity Commission (NWPC) partnered with the Philippine Statistics Authority in carrying out a survey through the October 2019 Labour Force Survey on the employment and working conditions of domestic workers. The survey results provided input to the Philippine Statistical Research and Training Institute’s development of an empirical framework for setting the minimum wage for the sector. In November 2020, the survey results were disseminated to government agencies, private employment agencies, organizations of domestic workers and their employers. With respect to the competency-based pay scheme, the Government reports that the RTWPBs encourage domestic workers and their employers to enable the workers to attend trainings on household services, be assessed and certified as part of the basis for wage adjustments above the minimum wage. The Committee nevertheless notes the findings of the 2019 survey indicating that only about one per cent of around 1.4 million domestic workers in the country had participated in training courses provided by the Technical Education and Skills Development Authority (TESDA), mostly in programmes for housekeeping and cookery. Moreover, only 116,000 (30 per cent) of an estimated 394,000 live-in domestic workers reported that their salaries had been adjusted to take account of additional skills gained. The Committee requests the Government to continue to provide detailed updated information on the nature, effectiveness and impact of measures taken under the competency-based pay scheme. In particular, the Committee requests the Government to provide updated information, including disaggregated statistical data, on measures taken to promote wage adjustments that take additional skills acquired by the domestic worker into account, and the number of domestic workers that have been granted wage increases in this context.

Article 14. Social security. The Government reports the adoption of Republic Act No. 11199 (the Social Security Act of 2018), indicating that it is more favourable to domestic workers than Republic Act No. 10361 of 2013. In this context, the Committee notes that section 10 of Republic Act No. 11199 stipulates that compulsory Social Security System (SSS) coverage of the employee takes effect on the day of employment, in contrast to section 30 of Republic Act No. 10361, which requires the domestic worker to have provided at least one month of service before being eligible for coverage with the SSS, the Philippine Health Insurance Corporation (PhilHealth) and the Home Development Mutual Fund. The Government points out that, under Republic Act No. 11199, should the death of the domestic worker occur during the course of the first month of employment, the surviving spouse or beneficiary will already be covered for funeral and death benefits. Moreover, if the death is work-related, benefits will be payable under Presidential Decree No. 626 (the Employees Compensation and State Insurance Fund). The Committee notes the adoption of the Implementing Regulations for Republic Act No. 11199 in 2019. The Government also reports that part-time domestic workers that provide services to multiple employers are now covered under the Employee’s Compensation (EC) Program, pursuant to Employee Compensation Commission (ECC) Board Resolution No. 19-03-05. Also, through ECC Board Resolution No. 19-11-42, the Government approved a policy to extend the EC program to land-based Overseas Filipino workers (OFWs), including domestic workers registered with the SSS. The Committee notes the Government’s indication that sea-based overseas workers were already covered under the program. Benefits under the program include income security benefits (including disability benefits, death and funeral benefits, sickness and maternity), medical benefits and rehabilitation services. The Government adds that claims for EC benefits may be filed at any SSS office overseas or at any SSS branch in the Philippines upon the return of the OFW. Moreover, the Committee notes the statistical data provided by the Government, disaggregated by sex, on the number of domestic workers who are affiliated to the SSS, as well as the statistical data disaggregated by province, of the number of domestic workers affiliated to PhilHealth. It nevertheless notes that these numbers are significantly lower than those reflected in the Government’s prior report and noted in the Committee’s previous comments. The Committee notes that the Government once again provides no information on consultations held with the social partners regarding measures taken to extend social security coverage to domestic workers (Article 14(2) of the Convention). The Committee requests the Government to continue to provide detailed updated information on the impact of measures taken to ensure effective coverage of domestic workers in social protection programmes and to provide updated statistical data, disaggregated by sex, age and region, on the number of domestic workers who are affiliated to the Social Security System. The Committee reiterates its request that the Government provide information on the consultations held with the social partners regarding social protection coverage to domestic workers employed in the Philippines as well as those employed in domestic work abroad (Article 14(2)).

Article 17(2) and (3). Labour inspection and sanctions. Access to household premises. The Committee previously noted that the current rules and regulations governing labour inspection in the Philippines do not provide for inspection in private premises where domestic workers perform their work, and requested the Government to provide information on measures adopted or envisaged to give effect to Article 17(2) and (3) of the Convention. The Government reports that the Philippines Overseas Employment Administration (POEA) is required to carry out an assessment of licensed recruitment and placement agencies prior to issuance of their provisional license to operate, prior to granting the agencies a permanent license, and every two years thereafter. The Committee notes the Government’s indication that, pursuant to Rule III, section 35 of the Revised POEA Rules and Regulations Governing the Recruitment and Employment of Land-based Overseas Filipino Workers of 2016, the assessment covers, among other criteria, maintenance of required signs and postings, including anti-illegal recruitment campaign posters and compliance with general labour standards and occupational health standards. Nevertheless, the Committee notes that the Government has once again provided no information in respect of its previous request concerning inspections in private households where domestic workers are employed. Accordingly, the Committee urges the Government to provide concrete updated information on measures taken or envisaged to give effect to Article 17(2) and (3) of the Convention, which call on ratifying States to develop and implement measures for labour inspection, enforcement and penalties that take due regard for the special characteristics of domestic work (Article 17(2)). The Committee requests the Government to provide information on measures taken or envisaged relating to domestic workers overseas as well as those employed in the Philippines. In particular, the Committee requests the Government to provide information on measures taken or envisaged, if any, which specify the conditions under which access to household premises may be granted for the purpose of inspections, having due respect for privacy.