Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 1 to 3. Equality of opportunity and treatment. Indigenous peoples. The Committee notes with interest the Government’s indication in its report that: (1) a Healing and Reconciliation Framework has been integrated into the National Commission on Indigenous Peoples (NCIP)’s activities with a view to addressing indigenous peoples’ issues through a restorative justice approach that acknowledges customary laws and promotes constructive dialogue; (2) the 2023–28 Philippine Labour and Employment Plan (PLEP) aims at fostering access of vulnerable groups, such as indigenous peoples, to remunerative and productive work; (3) Provincial Offices have been established and Community Service Centres facilitate the identification of specific ancestral domains and serve as focal points for communication and support; and (4) the NCIP has collaborated with various stakeholders towards the recognition, respect, promotion and protection of the rights of indigenous peoples, inter alia through the operationalization of the Indigenous Peoples Rights Advocacy and Monitoring Treaty Obligations (IPRAMTO) Programme. According to the Government, through this Programme, the NCIP has been implementing since 2020 inter-agency visitations to ancestral domains nationwide, which allow indigenous communities to voice different concerns, such as discrimination in employment, the protection of their land, or resource rights. In this respect, the Committee welcomes the indication that, in 2022, the 19th Congress Senate Bill No. 1026 has been filed with a view to enhancing the rights and employment prospects of indigenous peoples and ensuring their equitable participation in the workforce. The Committee also welcomes the Government’s indication that the NCIP has been actively collaborating with the Philippine Statistics Authority (PSA) with a view to developing a comprehensive data collection framework, which: (1) has facilitated regular reporting and monitoring of cases related to employment discrimination and other labour-related issues faced by indigenous peoples; and (2) will ensure systematic recording of employment rates across various industries and provide data disaggregated by sex. The Committee further welcomes that, in order to capture employment of indigenous peoples, initiatives to include questions on the ethnicity of the respondents to the Labour Force Survey started in January 2024 and that data will be made available by 2025. The Committee requests the Government to continue to provide information on: (i) the adoption of Senate Bill No. 1026; (ii) the results of the implementation of the IPRAMTO Programme; and (iii) any other measures taken or envisaged to protect the rights of indigenous peoples against activities adversely affecting their land and resource rights and promote their right to engage in traditional occupations. Please provide statistical data relating to the employment rate of indigenous peoples, disaggregated by sex and possibly by economic sectors.

Equality of opportunity and treatment for men and women. Legislative developments. Recalling that the Magna Carta of Women is a framework law requiring specific laws, regulations and guidelines for its full implementation, the Committee notes the Government’s indication that, in the 19th Congress, three Magna Carta for Workers in the Informal Economy (MACWIE) Bills have been filed at the Senate (Bills Nos 96, 338 and 1358) and similar bills have been filed at the House of Representatives through House Bills Nos 347, 1516, 1936, 2288, 2354, 2798, 4565, 4684, 5791 and 9736. Regarding the Sexual Orientation and Gender Identity or Expression (SOGIE) issue, the Committee notes the indication that the 19th Congress Substitute House Bill No. 10176 is on its second reading under the period of sponsorship, and that the Senate version of this bill (Substitute Senate Bill No. 1600) is pending second reading on ordinary business. The Committee requests the Government to provide information on: (i) any progress made towards the adoption of the above-mentioned MACWIE and SOGIE Senate and House Bills; and (ii) any other measures aimed at giving effect to the Magna Carta of Women and promoting equality of opportunity and treatment in employment and occupation for women.

Sexual harassment. The Government reaffirms its commitment to enforcing the Anti-Sexual Harassment Act of 1995 and the 2019 Safe Spaces Act through various measures, including new Department of Labour and Employment (DOLE) guidelines (DOLE Department Orders (DO) Nos 230-2021 and 238-2023), revised disciplinary rules on sexual harassment cases in the civil service (resolution No. 2100064), mandatory workplace codes of conduct, and the 2023–28 Philippine Labour and Employment Plan (PLEP) to strengthen gender equality initiatives in private establishments. Legislative proposals in Congress seek to increase penalties for sexual harassment, while government agencies aim to achieve zero tolerance for such acts by 2025 and ensure local implementation of the Safe Spaces Act. Between 2021 and mid-2024, over 200 cases of sexual harassment were reported, mainly in the public sector, with several Supreme Court rulings imposing fines, damages, or imprisonment. Finally, the Committee takes note of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW)’s concern over the lack of confidential complaint mechanisms, underreporting, and weak labour inspections, recommending that the Government fully implement the 2019 Safe Spaces Act by ensuring access to effective remedies, especially in rural and remote areas, thorough investigations, protection from retaliation, and proper punishment for offenders(CEDAW/C/PHL/CO/9, 14 November 2023, paras 41(e) and 42(e)). The Committee asks the Government to provide information on actions taken under recent regulations and plans – specifically DOs Nos 230-2021 and 238-2023, resolution No. 2100064, and the 2023–28 PLEP – to prevent workplace sexual harassment, strengthen reporting mechanisms, protect victims from retaliation, and ensure access to remedies. It also requests updates on the progress of pending legislation in Congress and the number of government agencies and private establishments with anti-sexual harassment policies, and continued submission of accurate data on complaints of sexual harassment, court judgments, and examples of remedies granted in both the public and private sectors.

Access of women to vocational training and employment. The Government reports that women in the National Capital Region surpass men in enrolment, graduation, and certification, and that the 2023–28 PLEP aims to remove gender barriers to equal labour market participation. DOLE is integrating gender perspectives into training standards and ensuring women’s participation in policy mechanisms, while the Technical Education and Skills Development Authority (TESDA) prioritizes gender equality and inclusion in providing technical and vocational education. A TESDA–ILO study identified barriers to skills access and employment, and 2024–25 data show that women’s labour force participation remains lower than men’s, though employment and underemployment rates are comparable. The Committee notes that women dominate tourism and service sectors, whereas men prevail in technical and construction fields, and that further action is needed to counter gender bias in education and expand women’s economic opportunities. Through the Women’s Economic Empowerment Project, partnerships were formed in 11 regions to promote women’s entrepreneurship. The Committee further notes that CEDAW expressed concern about women’s under-representation in politics and senior decision-making roles and recommended targeted measures, awareness-raising campaigns, and protection against gendered hostility to strengthen women’s participation in public life and enhance female leadership (CEDAW/C/PHL/CO/9, paras 33–34). The Committee requests the Government to provide updates on efforts to expand women’s access to training and employment in male-dominated sectors and to address occupational segregation.

Article 3(d). Application in the public sector. The Government indicates that: (1) the Career Executive Service Board (CESB) is responsible for supervising appointments to high-level positions that are exempted from the publication requirement; (2) cases of non-compliance with the 2017 Omnibus Rules on Appointments and Other Human Resource Actions are compiled in the e-Case and Document Management System (eCDMS) and the Integrated Case Management System (ICMS) of the Civil Service Commission; and (3) the sample Merit Promotion Plan can be found in the 26 January 2001 Memorandum Circular (MC) No. 3 (the Revised Policies on Merit Promotion Plan). The Committee takes note of this information, which addresses its previous request.

As far as women’s access to civil service positions is concerned, the Government states that the equal opportunity principle is embedded in the 2017 Omnibus Rules on Appointments and the Merit Selection Plan, with women occupying 55.2 per cent of civil service posts – 57 per cent in career and 41.4 per cent in non-career positions – and 33.2 per cent of seats in local development councils. A revision of MC No. 2022-083 is planned for 2025 to reaffirm that at least 40 per cent of local development council members should be women. The Committee welcomes progress under the Updated Gender Equality and Women’s Empowerment Plan 2019–25, which aims for all government agencies to have a functioning Gender and Development Focal Point System, and notes that 24 of the 36 agencies using the Gender Mainstreaming Evaluation Framework tool that have been assessed showed improvement. The Committee requests the Government to continue providing updates on progress made toward achieving the 40 per cent target for women’s representation in local development councils, the outcomes of gender mainstreaming assessments, and comprehensive statistical data on the gender distribution across all levels of public administration.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 4. Assessing and addressing the gender pay gap and its underlying causes. The Committee notes the Government’s indication that, according to the PSA, the average daily basic pay for women exceeded that of men between 2013 and 2022, with the gap gradually widening. It also notes that CEDAW has raised concerns about limited enforcement of equal pay for work of equal value and a significant gender pay gap ranging from 4 to 44 per cent across occupations, recommending regular wage reviews in female-dominated sectors and the use of gender-neutral job classification and evaluation methods (CEDAW/C/PHL/CO/9, paras 41(c) and 42(c)). The Committee further notes that the Asian Development Bank highlights that women’s jobs in the Philippines are often informal and low-paying, and regrets that Occupational Wages Survey data are disaggregated by industry but not by sex, limiting analysis of gender wage disparities. Recalling that wage inequalities may arise due to the segregation of women and men into certain sectors and occupations (see the comment above on the access of women to vocational training and employment, under Convention No. 111), the Committee requests the Government to take measures to address the gender pay gap and provide information on any progress achieved in that regard. It again requests the Government to provide information on any step taken to collect data on women’s and men’s average monthly pay in the respective economic sectors and occupations in order to calculate the adjusted gender pay gap.

Article 2(2)(b). Wage determination (productivity-based pay). Recalling that, under the two-tiered wage system (TTWS), minimum wages in the first tier are set at the regional level, while the second tier consists of productivity bonuses and incentives agreed between workers and management, the Committee takes note of the Government’s indication that: (1) the National Wages and Productivity Commission (NWPC) Guidelines No. 01, Series of 2019, incorporate TTWS principles and ensure equal benefits and protections for public utility bus drivers and conductors, regardless of sex or disability; (2) the Regional Tripartite Wages and Productivity Boards (RTWPBs) of the NWPC have issued 25 advisories on productivity-incentive pay schemes and gain-sharing programmes to guide enterprises or industries; (3) those advisories cover agriculture (plantation), agribusiness, mining, manufacturing, transportation and storage facilities, tourism, hotels, restaurants and resorts, higher education institutions, and sardines (canning) industries; (4) between 2021 and June 2024, 594 micro, small and medium-sized enterprises (MSMEs) implemented such productivity-based pay schemes; and (5) a survey conducted by the PSA shows that 40.7 per cent of the establishments covered by the survey had productivity-improvement programmes (PIPs) in place in 2021, that 36.8 per cent of such establishments had gain-sharing schemes/practices or provided incentives or bonuses for improved performance, and that 55.1 per cent employees benefiting from gain-sharing schemes/practices were male employees. In this respect, the Committee notes the Government’s indication that: (1) the process manuals within the NWPC’s quality management system have been revised to ensure that subsequent wage advisories encompass all industries and that productivity-incentive schemes apply equally to both male and female employees; and (2) assessment of the implementation of such schemes includes gender-related data. In addition, the Committee notes the indication that many of the provisions of collective bargaining agreements (CBAs) are designed to benefit all employees, regardless of gender, and cover wages, compensation, subsidies, bonuses, and other allowances. The Committee requests the Government to continue to provide: (i) information on the implementation of the principle of the Convention in the wage advisories issued by the RTWPBs, as well as theproductivity-incentive pay schemes and gain-sharing programmes agreed between employers and workers, including statistical data disaggregated by sex and industry; and (ii) examples of such advisories, schemes and programmes. The Committee also requests the Government to provide examples of CBA provisions implementing the principle of the Convention.

Minimum wages. The Committee notes the Government’s explanation that pay disparities between domestic workers and other wage earners stem mainly from household employers’ limited financial capacity and the in-kind benefits domestic workers receive through live-in arrangements. It welcomes the gradual increase in domestic workers’ minimum wages and the 2023 wage orders granting monthly raises of 400 Philippines Pesos (PHP) to 1,500 PHP. The Committee also observes that minimum wage rates for private establishments are determined by factors such as workers’ needs, employers’ ability to pay, and socio-economic conditions, and that the NWPC, in collaboration with the National Economic and Development Authority (NEDA), is improving wage-setting processes with attention to women’s specific needs. Between January 2023 and July 2024, 21,058 (that is 6.8 per cent) of the 307,630 inspected establishments were found to be non-compliant with minimum wage laws, affecting both male and female workers. The Government further reports that since 2023, the RTWPBs have held extensive learning sessions and information campaigns to address wage distortions and enhance compliance. The NWPC worked with DOLE regional offices and Regional Conciliation and Mediation Boards to ensure faster resolution of wage-related issues. The Committee requests the Government to continue providing updated information on the minimum wages applicable to domestic workers and those in private establishments. It also reiterates its request for data on the number and distribution of women and men earning the minimum wage by economic sector, as well as information on compliance with minimum wage regulations in the domestic sector and in industries with a high concentration of women workers, such as manufacturing and wholesale or retail trade. Recalling its earlier comments on objective job evaluation, the Committee again asks the Government to explain how the criteria used for setting minimum wages are ensured to be free of gender bias.

Pay inequality in the public sector. The Committee takes note of the Government’s indication that: (1) Republic Act No. 11466, which is also known as Salary Standardization Law (SSL), simply modified and updated the standardized amounts of salaries under the SSL; (2) the fourth and final tranche of the implementation of Republic Act No. 11466 began in 2023; (3) on 2 August 2024, Executive Order No. 64 updating the salary schedule for civilian government personnel was issued; and (4) there is no gender pay gap in the public sector since salaries are provided for by the SSL. Recalling that women are often concentrated in lower-paid and undervalued jobs, the Committee again asks the Government to provide statistical information on the remuneration levels that apply in the public sector, disaggregated by occupation, and indicate the proportion of women in each occupation.

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Article 1(1)(a).Prohibited grounds of discrimination. Discrimination based on sex. Sexual harassment. Definition. The Committee recalls that since 2015 the Government has been indicating that the enactment of a bill to expand Republic Act No. 7877 (i.e. the Anti-Sexual Harassment Act of 1995), to specifically address “hostile environment” sexual harassment, is still pending. It notes with regret that the Government’s report does not provide updated information on this particular point. In light of the above, the Committee urges the Government to ensure that the bill expanding Republic Act No. 7877 to specifically address hostile environment sexual harassment in the workplace is adopted as soon as possible.

Article 1(3). Scope of the protection against discrimination. Legislation. Recalling that the Labor Code does not provide for an effective legal protection against discrimination based on sex in hiring and security of employment, the Committee notes the Government’s indication that the 19th Congress Senate Bill No. 1311 proposes to amend Article 135 of the Labor Code on the prohibition of discrimination by formally: (1) introducing a list of prohibited grounds of discrimination against any employee, such as race, colour, sex, gender identity and expression, sex characteristics, sexual orientation, disability, language, religion, political opinion and persuasion, national extraction or social origin; and (2) prohibiting discrimination in advertisements or qualification standards on such grounds. The Committee also notes the Government’s indication that the 19th Congress House Bill No. 4479 on the prohibited acts of discrimination against women on account of sex aims at prohibiting acts favouring male employees, not only with respect to promotion, training opportunities, study and scholarship grants, but also assignment and employment benefits (amendment of article 135(b) of the Labor Code), as well as dismissal or the application of any retrenchment policy of the employer (new article 135(c)). The Committee urges the Government to ensure that the proposed amendments to the Labor Code are adopted without delay so as to enhance the effective legal protection against discrimination based on sex (and the other grounds). Please provide information on any progress made in this respect.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1(b) and 2(2)(a). concept of work of equal value. Legislation. The Committee recalls that, for many years, it has considered that, by defining the term “work of equal value” referred to in Article 135(a) of the Labor Code as “activities, jobs, tasks, duties or services which are identical or substantially identical”, the 1990 Rules implementing Republic Act No. 6725 give a restrictive interpretation of the principle. The Committee notes with regret that the Government merely states that the review of the amending guidelines was supposed to take place by the last quarter of 2024. The Committee again urges the Government totake all the necessary measures to ensure that the amending guidelines are adopted without delay and that the new definition of “work of equal value” will not be limited to “identical”, “equal”, “the same” or “similar” work, as usually men and women do not perform the same jobs, but will also encompass work that is of an entirely different nature but which is nevertheless of equal value. Please provide information on any progress made in that regard.

Article 3. Objective job evaluation. With regard to the methods available to promote an objective evaluation of jobs, the Committee notes that the Government indicates that: (1) in 2019, the Construction Industry Tripartite Council (CITC) proposed to the National Wages and Productivity Commission (NWPC) to study the feasibility of wage increases differentiated by job type, specialization, and certification levels in the construction sector; (2) the NWPC then presented baseline industry data on wage standards and trends to the CITC and recommended hiring a job-evaluation expert to develop a framework for pay scales in the industry; and (3) in 2023, the NWPC started to explore how Singapore’s Progressive Wage Model could be adapted to develop a skills-based wage framework. The Committee recalls that: (1) the application of the concept of work of equal “value” implies a comparison of tasks and, consequently, the adoption of a technique for measuring and objectively comparing the relative value of the tasks accomplished in order to determine whether jobs involving different work have the same value for the purposes of remuneration; and (2) under Article 3 of the Convention, whatever the method of job evaluation implemented, particular care must be taken to ensure that it is free from gender bias, i.e. that the factors for comparison of jobs, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly, and that they do not result in jobs generally occupied by women being undervalued. To prevent any sexist bias in the evaluation, the relative value of jobs must be measured and compared on the basis of objective and non-discriminatory factors such as the required skills/qualifications, effort, responsibilities and working conditions (see the 2012 General Survey on fundamental Conventions, para. 700, and the ILO step-by-step guide on gender-neutral job evaluation). The Committee urges the Government to take the necessary steps to ensure that the job evaluation or classification methods implemented are free from gender bias and reminds the Government of the possibility to avail itself of the technical assistance of the Office in this respect. Please provide information on any developments made in that regard.

The Committee is raising other matters in a request addressed directly to the Government.

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

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.

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

The Committee notes the Government’s reports.

Article 1 of the Convention. Discrimination based on sex. Sexual harassment. In its previous comments, the Committee noted that the number of cases of sexual harassment in the private sector is difficult to assess due to the lack of a centralized reporting system, and that many women do not issue complaints because of fear of stigmatization or that their cases do not fall within the purview of the current law. The Committee notes the Government’s reply, in its reports, that it intends to improve the monitoring of employers’ compliance with labour standards, including with the provisions of Republic Act (RA) No. 7877, and that it will also aim to improve the collection, analysis and maintenance of up-to-date gender-disaggregated labour and employment data for policy and programme development and evaluation. The Committee notes, however, that the Government does not explain how it plans to achieve this. It also notes the Government’s indication that the enactment of the draft law expanding RA No. 7877, the Anti-Sexual Harassment Act of 1995, to specifically address hostile environment sexual harassment, is still pending. The Government further states that, in 2017, among the 24,946 establishments surveyed, there was a 91.7 per cent compliance rate of RA No. 7877. The Committee welcomes the Government’s statement, in its ninth periodic report to the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW), that it is considering the ratification of the Convention on the Violence and Harassment in the World of Work, 2019 (No. 190). The Committee also notes, from the Government’s report to the CEDAW, the adoption of Republic Act No. 11313, known as the Safe Spaces Act of 2019, which criminalizes gender-based sexual harassment, and provides a complete definition and prohibition of sexual harassment in the workplace, including hostile work environment. The Government adds that in 2019, among the 70,298 establishments inspected by the labour inspection services, there was a 95.4 per cent compliance rate, and that for the public sector, between 2015 and 2020, a total of 61 sexual harassment cases have been filed with the Civil Service Commission Regional Offices (CEDAW/C/PHL/9, 4 October 2021, paras. 106-109). The Committee also notes, from the previous concluding observations of the CEDAW, that there remains widespread sexual harassment in the workplace and that impunity is prevalent (CEDAW/C/PHL/CO/7-8, 25 July 2016, para. 35). Recalling that addressing sexual harassment only through criminal proceedings is normally not sufficient, the Committee requests the Government to take all the necessary measures to ensure that the bill expanding Republic Act No. 7877 to specifically addresshostile environment sexual harassment in the workplace is adopted as soon as possible. It also requests the Government to:

• (i)provide specific information on how compliance with Republic Act No. 7877 is ensured in practice; and
• (ii)continue to provide accurate data on the number of complaints of sexual harassment recorded in the public and private sectors, as well as copies of relevant cases and examples of remedies provided.

Articles 2 and 3. Equality of opportunity and treatment for men and women. Legislative developments. With reference to its previous comment, the Committee takes note of the Government’s information on the Magna Carta of Women Assessment Report (the Consolidated Baseline and Progress Report 2009-2012), which concludes that, as of 2012, implementation of the Magna Carta of Women was slow compared to the objectives in its Implementing Rules and Regulations. The Government further explains that the Philippine Commission on Women (PCW) initiated the Women’s Priority Legislative Agenda to advance legislative efforts on fully adopting and giving effect to the Magna Carta of Women. The Government indicates that, in July 2017, the 17th Congress was to examine the draft Magna Carta for Workers in the Informal Economy (MCWIE Bill) and a bill on anti-discrimination based on sexual orientation and gender identity (SOGIE Bill). The Committee notes, from the PCW’s website, that the two bills were examined by both the 17th and 18th Congress, but it remains unclear if they were adopted. The Committee further notes from the Government’s report to the CEDAW, the adoption of the Expanded Maternity Leave under R.A. No. 11210, which increases the maternity leave period to 105 days (previously between 60 and 78 days) for female workers with pay, offers an option to extend for an additional 30 days without pay, with an extension of 15 days for solo mothers, and for other purposes (CEDAW/C/PHL/9, 4 October 2021, para. 102). The Committee requests the Government to indicate if the draft laws examined by the 18th Congress have been adopted, namely the MCWIE Bill and the SOGIE Bill. If adoption is still pending, it requests the Government to take all the necessary measures to ensure their adoption as soon as possible, and to provide information on the progress made. Recalling that the Magna Carta of Women is a framework law requiring specific laws, regulations and guidelines for its full implementation, the Committee requests the Government to step-up its efforts to adopt legislative or administrative measures to give it effect, and to provide information in this regard. Please also continue to provide information on the findings and recommendations of the most recent assessment reports prepared by the PCW and the Commission on Human Rights.

Public service. With reference to its previous comment, the Committee notes the Government’s indication that House Bill No. 3877 was not passed in the 16th Congress. It notes, from the PCW’s website, that the bill was discussed at the 17th and 18th Congress. The Government also indicates that the Consolidated Baseline Progress Report 2009-2012 shows that the objective of reaching a 40 per cent female representation in regional and development councils was not met. The Committee requests the Government to:

• (i)provide statistical data on the distribution of women and men at the various levels of the public administration;
• (ii)provide information on the measures taken to increase women’s participation in the public service;
• (iii)indicate the progress made towards achieving the target of 40 per cent female membership in local development councils under Memorandum Circular No. 2013-70 of 24 July 2013; and
• (iv)provide a copy of House Bill No. 3877, once adopted.

Access of women to employment and vocational training. In reply to the Committee’s previous observation, the Government indicates that the Technical Education and Skills Development Authority (TESDA) has a specialized TESDA Women’s Center (TWC) which seeks to advance the economic status of women through training, entrepreneurship development, gender sensitive policies, programs and projects, and research and advocacy. The TWC offers a range of training courses including in non-traditional sectors such as automotive servicing, consumer electronics servicing, metal welding and plumbing. The Government also refers to the new Women’s Economic Empowerment (WEE) Project or GREAT Women-2, aimed at improving the competitiveness and sustainability of Women’s Micro Enterprises (WMEs) in a number of priority industry clusters (coffee, cacao, processed fruits and nuts, textiles and wearables, and other processed foods), and indicates that 1,467 WMEs participated in these trainings. The Committee further notes the Government’s indication that it is focused towards building awareness on gender equality to increase the participation of women in Technical Vocational Education and Training (TVET) through a number of Gender and Development (GAD) Initiatives, including: the conduct of gender sensitivity training for trainees and parents; capacity building programmes for TESDA-GAD focal persons network at the central, regional, provincial and training/school levels; and development and publication of GAD-based modules, manuals, toolkit and advocacy guide materials. The Government states that these GAD initiatives have led to a greater number of women taking up TVET programmes that are traditionally male dominated. The Committee further takes note of the statistical data provided by the Government, and notes that, for the period 2014-2016, women outnumbered men in terms of TVET enrolees and graduates. While women continue to be under-represented in traditionally male-dominated TVET subjects, the Committee notes with interest the significant increase in the number of female enrolees in 2015, compared to 2014. For example in computer hardware servicing, there were 16,868 enrolled female students in 2016, compared to 14,132 in 2014. However, the Committee notes, from the statistical information provided by the Government, that women continue to be underrepresented in all traditionally male-dominated sectors of labour and employment. The Committee also notes, from the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), that concerns remain with regard to: (1) gender segregation in higher education, with low enrolment of women and girls in non-traditional fields of study such as science, technology, engineering, mathematics (STEM) and agriculture; and (2) the persistent occupational gender segregation, with women being concentrated in social and caregiving work (CEDAW/C/PHL/CO/7-8, 25 July 2016, paras 33 and 35). Finally, the Committee notes, from the Government’s report to the CEDAW, the adoption of several programmes to contribute to the elimination of gender segregation in employment occupation, including (1) the Career Guidance and Employment Programme; (2) the Special Programme for Employment of Students; (3) the Public Employment Service Office; and (4) STEM-related programmes (CEDAW/C/PHL/9, 4 October 2021, para. 101). The Committee requests the Government to continue its efforts in addressing gender segregation in occupation and vocational training, and in promoting women’s access to a wider range of jobs, in particular higher-paid jobs and jobs offering career advancement. In this regard, the Committee requests the Government to continue to provide specific information on:

• (i)the impact of the measures adopted, including by the Philippine Commission on Women, to promote women’s access to, and participation in, training in industries traditionally dominated by men, including information on the number of female scholarships, take-up rates and in which areas training is provided to women under the WEE Project;
• (ii)the number of men and women enrolled, assessed and certified in TVET programmes, disaggregated by subject; and
• (iii)the employment rates of men and women in the various economic sectors and occupations.

Equality of opportunity and treatment. Indigenous peoples. The Committee notes from the Government’s reports that on 28 February 2017 the Memorandum of Agreement between the National Commission on Indigenous Peoples (NCIP) and the Technical Education and Skills Development Authority (TESDA) for the conduct of indigenous peoples’ skills development training was signed with the overall objective of providing indigenous peoples’ access to training for self or wage-employment to uplift their economic status and that, so far, a total of 8,452 indigenous people have benefitted from this training. Recalling its previous comments regarding activities affecting the right of indigenous peoples to their ancestral domains, the Committee notes the Government’s indication that, in the conduct of industrial activities within the indigenous community’s ancestral domains, the NCIP has been a compulsory third party signatory to any Memorandum of Agreement entered into between indigenous peoples and any private company or government agency proprietors. The NCIP reviews the MOA before its execution as well as monitors the compliance of the parties to the agreements, which includes the provision that members of the indigenous community shall have been prioritized in the recruitment of employees. The Committee further notes, from the Government’s report to the United Nations Committee on the Elimination of Racial Discrimination (CERD), that, between 2017 and 2019, the Government contributed to support indigenous peoples’ concerns relative to ancestral domain delineation and recognition, ancestral domain sustainable development (CERD/C/PHL/21-25, 10 February 2021, para. 73). While welcoming these measures, the Committee notes that it remains unclear if, through all these measures, indigenous peoples’ right to access their land and resources is effectively protected. Finally, the Committee notes the Government’s declaration that no disaggregated data is available on human rights violation cases that relate to labour or employment, but recalls that 190 Quick Response focal persons and agencies had been identified to monitor and track indigenous peoples’ rights violations as part of the Quick Response Mechanism. The Committee therefore requests the Government to take the necessary measures to ensure that disaggregated data is made available on the investigations and hearings related to indigenous persons and the human rights violations recorded which relate specifically to employment and occupation.The Committee also requests the Government to provide clear and specific information on:

• (i)the measures taken or envisaged to protect indigenous peoples against discrimination with respect to wage employment and non-wage livelihood activities, and in particular against activities adversely affecting their land and resource rights, so as to allow them to engage in their traditional occupations;
• (ii)the progress made with regard to the anti-discrimination bill that was being prepared (please provide a copy of the bill once adopted); and
• (iii)employment rates of indigenous peoples disaggregated by industry and sex.

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

The Committee notes the Government’s reports.

Articles 1(b) and 2(2)(a) of the Convention. Work of equal value. Legislation. For many years, the Committee has been noting the restrictive interpretation given to “work of equal value” referred to in section 135(a) of the Labour Code, through the 1990 Rules implementing the Republic Act No. 6725, which define it to mean “activities, jobs, tasks, duties or services which are identical or substantially identical”. The Committee notes, from the Government’s reports, that it is still working towards the adoption of amending guidelines that will bring the definition into conformity with the Convention. In this regard, the Committee refers the Government to its 2012 General Survey on the fundamental Conventions, paragraph 675. The Committee urges the Government to take all the necessary measures to ensure that the amending guidelines are adopted in the near future and that the new definition of “work of equal value” gives full legislative expression to the principle of equal remuneration for men and women for work of equal value, including but not limited to, “identical”, “equal”, “the same” or “similar” work, but also encompassing work that is of an entirely different nature, but which is nevertheless of equal value.

Article 3. Objective job evaluation. With reference to its previous comments, the Committee notes that the Government’s reports do not provide any information on this point. The Committee thus refers to its general observation which states that in order to establish whether different jobs are of equal value, there has to be an examination of the respective tasks involved. This examination must be undertaken on the basis of entirely objective and non-discriminatory criteria to avoid an assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, it does presuppose the use of appropriate techniques for objective job evaluation. Whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias. The Committee requests the Government to provide information on whether the Bureau of Local Employment has developed the Human Resources Development Plan and, if so, to provide detailed information on how it is ensured that the selection of factors used for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. The Committee also requests the Government to supply information on any initiatives taken by the workers’ and employers’ organizations to determine wages on the basis of an objective evaluation of jobs.

The Committee is raising other matters in a request addressed directly to the Government.

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

The Committee notes the Government’s reports.

Article 1 of the Convention. Protection against discrimination. Legislation. The Committee recalls its long-standing comments urging the Government to introduce the necessary legal measures to ensure that women are protected against discrimination in all aspects of employment, more particularly over the lack of legislative prohibition of discrimination against women in hiring. The Committee notes with regret that, according to the Government’s reports, Senate Bill No. 429 proposing to amend sections 135 and 137 of the Labour Code to prohibit discrimination based on sex in hiring and security of employment has not yet been adopted. It notes that the Bill was renumbered Senate Bill No. 829 (an Act Expanding the Prohibited Acts of Discrimination Against Women on Account of Sex, Amending for the Purpose Articles 135 and 137 of the Labour Code); it was referred to a committee on labour, employment and human resources development and has a counterpart in the House of Representatives, House Bill No. 675. The Committee urges the Government to take all of the necessary steps to see that Senate Bill No. 829 and House Bill No. 675 are adopted without delay, so as to ensure effective legal protection against discrimination based on sex in hiring and security of employment, in accordance with the Convention. It requests the Government to provide information on any developments in this respect.

Article 3(d). Application in the public sector. In reply to its previous comment, the Committee notes the Government’s indication that the principle of the Convention is applied, in practice, to the high-level positions exempted from the publication requirement of Republic Act No. 7041 through the 2017 Omnibus Rules on Appointment and other Human Resource Actions (CSC MC 24, s. 2017 and CSC resolution No. 1701009 dated 16 June 2017). Specifically, the Government refers to sections 83–103 of Rule IX which provide for the procedures and criteria applicable to appointments in government offices at all levels and state that: (1) there shall be no discrimination in the selection of employees on account of age, sex, sexual orientation and gender identity, civil status, disability, religion, ethnicity, or political affiliation (section 83); (2) the head of the agency shall, as far as practicable, ensure equal opportunity for men and women (section 89); and (3) the Selection Board shall maintain fairness and impartiality in the assessment of candidates for appointment (section 97). To this end, the Selection Board may employ the assistance of an independent collaborator and all government agencies must comply with these requirements or non-compliance shall be considered as a ground for invalidation of the appointment, as well as a ground for action against the official who caused the violation (section 103). The Committee requests the Government to identify the institution or authority responsible for supervising the application of the 2017 Omnibus Rules on Appointment and other Human Resource Actions with regard to the appointment of high-level positions exempted from the publication requirement in Republic Act No. 7041. The Government is asked to provide information on the number of non-compliance cases identified, the consequences of such cases (invalidation of appointment and/or action against the official responsible for the violation), indicating the ground of discrimination involved. Noting that no reply is provided on this point, the Committee also reiterates its request that the Government provide an illustrative sample of procedures and criteria provided for in the Merit Promotion Plans.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 1 of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes that, according to Policy Brief No. 10 of the Philippine Commission on Women (PCW), the number of cases of sexual harassment in the private sector is difficult to assess due to the lack of a centralized reporting system, and that many women do not issue complaints because of fear of stigmatization or their cases do not fall within the purview of the current law. In this regard, the Committee notes that the PCW has included in the Women’s Priority Legislative Agenda the enactment of a law expanding Republic Act No. 7877, the Anti-Sexual Harassment Act of 1995, to specifically address hostile environment sexual harassment. Regarding the implementation of Republic Act No. 7877, the Committee notes that the Bureau of Working Conditions (BWC) issued Guidelines No. 2, Series of 2012, on sexual harassment policies and procedures for the private sector. For the public sector, the Civil Service Commission issued Resolution No. 01-0940, entitled Administrative disciplinary rules on sexual harassment cases, which defines the administrative offence of sexual harassment and prescribes the standard procedure for its investigation and resolution. The Committee requests the Government to provide information on the progress made in expanding Republic Act No. 7877 to address hostile environment sexual harassment, and in enhancing the capacity of the responsible authorities to identify and address such cases. Please also provide specific information on the implementation of the private sector BWC Guidelines No. 2 of 2012 and the Administrative Disciplinary Rules for the public sector relating to sexual harassment, including their effective monitoring. The Committee further requests the Government to take the necessary steps to collect and provide accurate data on the number of complaints of sexual harassment recorded in the public and private sectors.

Articles 2 and 3. Equality of opportunity and treatment between men and women. Legislative developments. The Committee notes with interest the legislative initiatives aimed at implementing the Magna Carta for Women, and at promoting gender equality in employment and occupation. In particular, the Committee notes the Implementing Rules and Regulations of Republic Act No. 9710 (IRR), otherwise known as the Magna Carta for Women, issued in April 2012, which contains more detailed provisions on the right to decent work (section 25) and monitoring progress, implementation and impact (section 41). Under the IRR, agencies and local government units must submit an implementation report within 180 days, and the PCW and the Commission on Human Rights provide an assessment report to the Committee on Oversight of the Congress every three years. The Committee further notes Republic Act No. 10361, An Act Instituting Policies for the Protection and Welfare of Domestic Workers, adopted on 18 January 2013, and refers in this regard to its comments on the application of the Domestic Workers Convention, 2011 (No. 189). The Government also indicates that the Senate Committee on Labor, Employment and Human Resources Development is in the process of conducting regional and national consultations to finalize the draft Magna Carta for Workers in the Informal Economy (MCWIE). The Act would protect women workers in the informal economy against gender-based discrimination, exploitation and abuse, and make informal workers visible in national and local statistics. The Committee requests the Government to provide information on any progress made in the adoption of the MCWIE, and any implementing measures taken once the Act is adopted. Recalling that the Magna Carta for Women is a framework law requiring specific laws, regulations and guidelines for its full implementation, the Committee asks the Government to continue providing information on any legislative or administrative measures adopted to give it effect. Please also provide information on the findings and recommendations of the assessment reports prepared by the PCW and the Commission on Human Rights.

Public service. The Committee notes that 45 per cent of third-level positions in the public service were occupied by women in 2013 and that 56 women have been appointed to the highest positions in government. The Government also indicates that women comprise 50 per cent of local health boards, 48 per cent of local school boards, 31 per cent of local housing boards and 30 per cent of local peace and order councils, but only 16 per cent of local development councils. In this regard, the Committee notes Memorandum Circular No. 2013-70 of 24 July 2013 mandating 40 per cent membership of women in local development councils. The Committee further notes that House Bill No. 3877 (also known as the Women’s Participation and Representation in Political Parties Act of 2013), which would require political parties to draft a women and gender development agenda, have equitable representation of women in leadership and internal policy-making structures, and nominate women candidates to elective positions. The Committee welcomes the information provided by the Government on the actions for gender-responsive governance under the Philippine Framework Plan for Women and the progress achieved in this regard. The Committee requests the Government to continue providing information on the measures taken to increase women’s participation in third-level positions in the public service and on the progress made in this regard, including statistical data on the distribution of women and men at the various levels of the public administration. The Committee further requests the Government to indicate the progress made in achieving the target of 40 per cent female membership in local development councils under Memorandum Circular No. 2013-70 of 24 July 2013, and to provide a copy of House Bill No. 3877, once adopted.

Equality of opportunity and treatment. Indigenous peoples. Recalling its previous comments regarding activities affecting the right of indigenous peoples to their ancestral domains, the Committee notes the Revised Guidelines on Free and Prior Informed Consent (FPIC) and Related Processes of 2012, adopted under section 3(g) of the Indigenous Peoples’ Rights Act (IPRA) of 1997. Regarding equal access to education by indigenous peoples, the Committee notes the activities undertaken by the National Commission on Indigenous Peoples (NCIP), including the Educational Assistance Program, and the Memorandum of Agreements with, among others, the Department of Education. Regarding monitoring and enforcement of rights, the Government indicates that 190 Quick Response focal persons and agencies have been identified to monitor and track indigenous peoples’ rights violations as part of the Quick Response Mechanism. The Government further reports that it is continuing its efforts to pursue the proposed anti-discrimination bill and that seven guidelines relating to indigenous peoples’ issues have been developed and implemented, including Educational Assistance Guidelines, and Indigenous Peoples’ Mandatory Representation Guidelines under which 1,708 indigenous peoples’ mandatory representatives are now in local and regional decision-making bodies. While welcoming these measures, the Committee requests the Government to provide specific information on the measures taken or envisaged to protect indigenous peoples against discrimination with respect to wage employment and non-wage livelihood activities, and in particular against activities adversely affecting their land and resource rights, so as to allow them to engage in their traditional occupations. Please also provide information on the investigations and hearings related to indigenous persons and the human rights violations recorded through the Quick Response Mechanism which relate specifically to employment and occupation. Please also provide a copy of the anti-discrimination bill, once it has been adopted, and information on employment rates of indigenous peoples disaggregated by industry and sex.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 1 of the Convention. Legislative developments. The Committee recalls its long-standing comments urging the Government to introduce the necessary legal measures to ensure that women are protected against discrimination in all aspects of employment, including hiring. The Committee notes Senate Bill No. 429, an Act Expanding the Prohibited Acts of Discrimination Against Women on Account of Sex, Amending for the Purpose Articles 135 and 137 of the Labor Code, which is still pending approval by the Senate. The Bill inserts a new section 135(c) declaring unlawful “giving preference to a male employee over a female employee in the hiring process, whether through notices, announcements, or advertisements for employment and apprenticeship or in the actual recruitment, hiring or employment of workers where the particular job can be equally handled by a woman”. Further, pursuant to new section 135(d), “favoring a male employee over a female employee with respect to dismissal of personnel or the application of the first in-first out or other retrenchment policy of the employer” shall also be unlawful discrimination. Section 137 of the Labor Code would also be amended to prohibit employers from denying women the benefits of employment or other statutory benefits under the laws by reason of gender. The Committee firmly hopes that progress will be noted soon in the adoption of Senate Bill No. 429 so as to ensure effective legal protection against discrimination based on sex in hiring and security of employment in accordance with the Convention, and requests the Government to provide information on any developments in this respect.

Discrimination on the basis of sex. The Committee notes with satisfaction the adoption of Republic Act No. 10151, An Act Allowing the Employment of Night Workers of 26 July 2010. Section 1 of the Act repeals section 130 of the Labor Code (the ban on the employment of women in night work), replacing it with section 158, which ensures that an alternative to night work is made available to women workers before and after childbirth for at least 16 weeks; and for additional periods, where a medical certificate is produced stating their necessity for the health of the mother or child.

Articles 2 and 3. Access of women to employment and vocational training. The Committee notes from the 2014 Gender Statistics on Labor and Employment (Philippine Labor Statistics Authority) the persistence of occupational gender segregation with women concentrated in low-paid industries and occupations. Furthermore, women tend to be over-represented in service activities, such as activities of households as employers of domestic personnel, and undifferentiated goods and services-producing activities of households for own use (89.3 per cent women); education (73.8 per cent women); other service activities (71.7 per cent women); and human health and social work activities (64.5 per cent women); while men tend to be concentrated in agriculture and industrial activities, such as construction (97.8 per cent men); transportation and storage (96.4 per cent men); fishing (90.9 per cent men); and mining and quarrying (90.8 per cent men). In family-operated farms or businesses, women comprise 56.6 per cent of unpaid family workers, while men comprise 75.9 per cent of paid workers.

The Committee recalls that providing vocational guidance and taking active measures to promote access to education and training, free from considerations based on stereotypes or prejudices, is essential to broaden the range of occupations from which men and women are able to choose, and to address occupational segregation. The Committee notes that the gender statistics on labour and employment further show that in 2013, 53.5 per cent of graduates from school-based and non-school-based Technical Vocational Education and Training (TVET) in 2013 were women. It notes, however, from the 2011 Impact Evaluation Study of TVET that women were concentrated in vocational training leading to traditionally female jobs. In TVET programmes which assess and provide certification for enrollees, women represented only 0.05 per cent of those certified in the maritime industry, 2.8 per cent in construction and 3.8 per cent in the automotive industry; conversely, in health, social and other community development services (where occupations include beauty care, caregiving, customer services, massage therapy and other traditionally female areas of work), 89 per cent of those certified were women. The Committee notes that strategies under the Women’s Empowerment, Development and Gender Equality (WEDGE) Plan 2013–16 prioritize addressing occupational gender segregation by providing female scholarships for college, technical and vocational courses not traditionally taken by women. The Government also reports measures taken by the Philippine Commission on Women (PCW) to promote the economic empowerment of women, including the GREAT Women Project: Economic Empowerment of Women through Enhanced Technology-Based Community Training Program, which resulted in Gender Sensitivity and Entrepreneurship Modules now included in TVET curricula. Recalling that for a number of years it has been raising concerns regarding the over-representation of women in low-skilled and low-income jobs, the Committee requests the Government to step up its efforts to address gender segregation in occupation and vocational training, and to promote women’s access to a wider range of jobs, in particular higher-paid jobs and jobs offering career advancement. In this regard, the Committee requests the Government to provide specific information on the impact of the measures adopted, including by the PCW, to promote women’s access to, and participation in, training in industries traditionally dominated by men, including information on the number of female scholarships, take-up rates and in which areas training is provided to women under the WEDGE Plan 2013–16 and the GREAT Women Project. Please include data on the number of men and women enrolled, assessed and certified in TVET programmes, disaggregated by industry, as well as data on the employment of men and women in the various economic sectors and occupations.

Article 3(d). Application in the public sector. The Committee notes the very general information relating to the practical application of the Merit Promotion Plan, Republic Act No. 7041 (requiring publication of posts in the public sector), Memorandum Circular No. 3, series 2001 (creating Personal Selection Boards for public appointments), and Civil Service Resolution No. 98 463 (banning discrimination on the basis of gender, religious or political affiliation, minority or cultural extraction or social origin in respect of employment and occupation). The Government adds that exemption from Republic Act No. 7041 does not necessarily indicate that the principle of equal employment opportunity does not apply. The Government further states that Memorandum Circular No. 3 provides for equal opportunity when selecting candidates for appointment and prohibits discrimination on grounds of gender, civil status, disability, religion, ethnicity or political affiliation. Recalling the important role of the State in ensuring the application of the principle of the Convention, the Committee once again requests the Government to indicate specifically how the principle of the Convention is applied in practice to the primarily high-level positions exempted from the publication requirement in Republic Act No. 7041. It reiterates its request to the Government to provide detailed information on the practical application of Memorandum Circular No. 3 and Resolution No. 98-463, and their impact on ensuring equal access to employment in the public sector, irrespective of race, colour, sex, religion, national extraction, political opinion and social origin. The Committee also requests the Government to provide an illustrative sample of procedures and criteria provided for in Merit Promotion Plans.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1 and 2 of the Convention. Gender pay gap. The Committee notes from the Philippine Labour Statistics Authority publication, Gender Statistics on Labor and Employment 2014 that the gender pay gap (average daily basic pay by major industry) in favour of men tends to be wider in sectors where women are well or over-represented (manufacturing, wholesale and retail trade, repair of motor vehicles and motorcycles and human health and social work activities). The gender pay gap in favour of women tends to be wider in industries where there are very low employment rates of women, including construction and fishing and aquaculture. The Committee further notes that of the six lowest paid industries, four have workforces where women are over-represented, and women are paid less than men in all but one occupational category, with pay gaps ranging from 34.2 per cent for service workers and shop and market sales workers to 24.4 per cent for trades and related workers. The Committee notes from the 2013 Asian Development Bank report, Gender Equality in the Labour Market in the Philippines, that the overall average gender wage gap is 3 per cent in favour of women, however it is calculated using the average daily rate of pay, and does not take into account difference in amounts of paid work, and that once differences in human capital are taken into account, the adjusted gender wage gap is estimated to range from 23 per cent to 30 per cent (page 15). The Committee asks the Government to provide information on specific measures taken or envisaged to reduce the gender pay gap including identifying and addressing the underlying causes of wage inequalities, and to promote women’s access to a wider range of jobs, particularly higher paying jobs. Please continue to provide statistical data on the distribution of men and women, according to economic sector and occupation, and take the necessary steps to collect data on their average monthly pay in the respective economic sectors and occupations.

Article 2. Pay inequality in the public sector. The Committee had previously noted concerns regarding the large pay gap between women and men in the public sector attributed to discriminatory factors in the wage-setting process, vertical occupational segregation, and inequalities in the Salary Standardization Law. Noting the lack of information provided by the Government regarding pay inequalities in the public sector, the Committee once again asks the Government to provide information on the causes and extent of the gender pay gap in the public sector, and steps taken or envisaged to address it, including with regard to occupational segregation, and inequalities in the Salary Standardization Law. Please also include statistical information on the remuneration levels of men and women disaggregated by occupation.

Wage determination (productivity-based pay). The Committee notes from the Government’s report that a two-tiered wage system (TTWS) was introduced in 2012. The Government indicates that minimum wages in the first tier are set at the regional level, while the second tier consists of productivity bonuses and incentives based on agreements between workers and management (Guidelines on the Implementation of the Two-Tiered Wage System, NWPC Guidelines No. 2, section 4). The NWPC Guidelines state in section 1 that “collective bargaining” is recognized as the primary mode for setting wages, and that Regional Tripartite Wages and Productivity Boards (RTWPBs) issue an advisory to guide enterprises or industries on a range of productivity incentives, which may be used as a basis for employer initiatives or enterprise-level negotiations (section 4). While productivity bonuses and incentives are not discriminatory in themselves as a basis for wage differentiation, the Committee considers that they must be applied in good faith, as historical experience shows that they can be taken as a pretext for paying women lower wages than men. The Committee recalls that the principle of the Convention applies to productivity bonuses and incentives and should be applied in the context of collective agreements. The Committee notes the statistics provided by the Government indicating that 228,000 workers are covered by Collective Bargaining Agreements. The Committee notes from the Government’s report on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that one of the strategies under the Women’s Empowerment, Development and Gender Equality (WEDGE) Plan 2013–16 is to include gender focused discussion/agenda items in collective bargaining and negotiations. The Committee asks the Government to provide 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 TTWS including in the issuance of advisories by the RTWBPs and in any agreements reached between employers and employees regarding productivity bonuses and incentives; please also provide examples of any advisories issued under the scheme. The Committee asks the Government to provide 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 as well as information on the number of men and women covered by these agreements and their distribution in the different wage levels. Please also provide information on the number of men and women respectively receiving the minimum wage disaggregated by economic sector.

Article 2(2)(b). Minimum wages. The Committee notes the Government’s indication that the RTWPBs set minimum wages generally for five broad economic sectors. The Committee notes from the website of the National Wages and Productivity Commission (NWPC) that current minimum wages in the Capital region are the same in four of the five economic sectors categorized, with non-agriculture set marginally higher than the others. The Committee notes Republic Act No. 10361, An Act Instituting Policies for the Protection and Welfare of Domestic Workers, adopted 18 January 2013, which establishes a minimum wage (section 24) which may be periodically reviewed by the RTWPBs. Regarding compliance with the minimum wage law, the Government indicates that 16 per cent of establishments inspected in 2013 were found not to be in compliance with the minimum wage law, down from 22 per cent in 2012. The Committee notes the measures taken to strengthen the inspection programme through the adoption of a new Labour Law Compliance System (LLCS). The Government indicates that the Bureau of Working Conditions is also working on incorporating sex disaggregated data in the LLCS checklist to generate data for reporting and monitoring. Recalling that the effective implementation of the minimum wage is an important means towards achieving the objective of the Convention, the Committee asks the Government to continue to provide information on minimum wage compliance in the various industries, particularly 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. Please also provide information on any practical measures taken or envisaged to assist workers to enforce their rights to receive minimum wages.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1(b) of the Convention. Work of equal value. Legislation. For many years, the Committee has been noting the restrictive interpretation given to “work of equal value” referred to in section 135(a) of the Labour Code, through the 1990 Rules implementing the Republic Act No. 6725, which define it to mean “activities, jobs, tasks, duties or services which are identical or substantially identical”. It urged the Government to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication that it is working towards the adoption of a departmental order issuing amendatory guidelines that will bring the definition into conformity with the Convention. The Committee emphasizes that the concept of “work of equal value” is fundamental to addressing occupational sex segregation, which characterizes the labour market in the Philippines, and that comparing the relative value of jobs in occupations which may involve different types of skills, responsibilities or working conditions, but which are nevertheless of equal value overall, is essential in order to eliminate pay discrimination (see General Survey on the fundamental Conventions, 2012, paragraph 675). The Committee urges the Government to ensure that the amendatory guidelines regarding the definition of “work of equal value” give full legislative expression to the principle of equal remuneration for men and women for work of equal value, including but not limited to, “identical”, “equal”, “the same” or “similar” work, but also encompassing work that is of an entirely different nature, but which is nevertheless of equal value.

Article 3. Objective job evaluation. The Committee has also been asking the Government for a number of years to provide information on the methods available to promote an objective evaluation of jobs free from gender bias. The Government indicates that the Department of Labor and Employment (DOLE) through the Bureau of Local Employment (BLE) is developing a Human Resource Development Plan (DOLE Administrative Order No. 145) which aims to provide a framework to identify and evaluate the skills, job requirements, needs, manpower and educational/training gaps of the country’s workforce for key industries. The Government adds that the BLE will inform and encourage industries/employers to adopt job analysis, evaluation programme and human resources development plans so as to establish the worth/value of each job in the organization. In this regard, the Committee draws the Government’s attention to the need to ensure that the methods used for the objective evaluation of jobs are free from gender bias. It is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. Often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (see General Survey, 2012, paragraph 701). The Committee asks the Government to take measures to ensure that the framework for the evaluation of skills and job requirements under the Human Resource Development Plan is free from gender bias and takes into consideration the under-representation of women in certain industries and occupations when assessing gaps in education and training. Please also provide specific information on the measures taken or envisaged to encourage companies to undertake objective job evaluation free from gender bias.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Promotion of the principle of the Convention. The Committee notes from the Government’s report that the employment rate of men who have graduated from the Technical and Vocational Education and Training (TVET) programmes is higher than that of women (49.5 per cent for men and 39.6 per cent for women). The Committee also notes that the following initiatives have been undertaken by the Women’s Centre of the Technical Education and Skills Development Authority (TESDA): (i) a 2006 Tracer Study showing that 59 per cent of trainees were mostly employed in sectors such as human resource management, jewellery and welding; (ii) a Graduate Tracking System (telephone survey) revealing that, in 2008, the average employment rate of trainees was about 64 per cent, and that 41.4 per cent of women certified in “household service” have been employed overseas with a salary of US$400–500 per month; and (iii) an International Training Program implemented from 1999 to 2005. In this connection, the Committee notes the Government’s indication that an evaluation study was undertaken between 2002 and 2005 showing some positive outcomes, in particular in addressing gender issues and promoting gender equality. The Committee asks the Government to provide information on the impact of vocational training and educational programmes on the promotion of women into higher paying jobs. The Committee asks the Government to provide in particular the following information:

(i)    detailed and updated information on the number of women and men graduates respectively that were subsequently employed in higher paying jobs;

(ii)   the impact of the International Training Program, related to the application of the principle of the Convention;

(iii)  the specific impact of the International Training Program and third country training programmes for 2002–05 on addressing equal pay issues in private enterprises, as requested in the previous comments; and

(iv)  copies of the studies and surveys mentioned in the Government’s report, as well as any other assessment of the impact of the vocational training and education programmes on women’s access to higher paying jobs.

Wage determination. The Committee notes the Government’s indication that, pursuant to The Republic Act (RA) No. 6727 of 9 June 1989 (Wage Rationalization Act), the primary purpose of the minimum wage fixing is to provide protection to the most vulnerable workers, in particular unskilled and lowest paid workers. In this regard, the Committee refers to the statistical information of the National Statistics Office indicating that the percentage of women working as labourers and unskilled workers is higher than the percentage of men (36.6 per cent of woman and 30 per cent of men), and is particularly significant in some regions. The Committee also notes from the statistical data given in the Government’s report that women working in private households constitute the lowest paid group of workers, with a daily basic pay of 114.50 pesos (PHP). In addition, the Committee notes the Government’s indication that the Regional Tripartite Wages and Productivity Boards (RTWPBs) are the bodies fixing the minimum wage rates applicable in their regions, provinces or industries, and that minimum wage adjustments by these boards do not necessarily consider remuneration according to gender or occupation. The Committee draws the Government’s attention to the need to ensure that rates of remuneration in occupations predominantly employing women are not set below the level of the rates applied to occupations predominantly employing men carrying out work of equal value. The Committee asks the Government to provide specific information on the following:

(i)    how it is ensured that the minimum wage fixing machinery protects vulnerable workers, specifically women working as labourers, unskilled workers and in private households; and

(ii)   what measures have been taken or envisaged to ensure that the method and criteria used by the RTWPBs to determine and adjust the minimum wage rates are free from gender bias, and that rates fixed for female-dominated occupations are not set below the levels of rates applying to male-dominated occupations for work of equal value.

Collective agreements. With regard to the determination of wages above the minimum wage through collective agreements, the Committee notes that the Government has supplied no information in this respect. The Committee, therefore, asks the Government to indicate how collective agreements contribute to setting wages above the minimum wage rates. The Committee also reiterates its previous request to the Government to provide copies of relevant collective agreements setting wages above the minimum wage, as well as information on the number of men and women covered by these agreements and their distribution in the different wage levels.

Statistics. Please provide statistics on the distribution of women and men in the different sectors, occupations and positions, and their respective levels of remuneration.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Sexual harassment. The Committee noted previously that an intensive inspection strategy (LSEF–BLITZ) was ongoing to monitor compliance with core labour standards, social welfare benefits and occupational safety and health. The Committee notes the Government’s indication, however, that this has not addressed sexual harassment, in particular the implementation of the Anti-Sexual Harassment Act (Republic Act No. 7877) of 1995. The Committee notes further from the Government’s report that in 2009, the labour inspection service conducted inspections based on complaints received, and there were no complaints of sexual harassment made. The Committee recalls that the absence of complaints could indicate a lack of awareness of the legal provisions, lack of confidence in, or absence of, practical access to procedures, or fear of reprisals. Noting the absence of information in the Government’s report on the measures taken to raise awareness, develop workplace policies and procedures, train managers and offer counselling to victims of sexual harassment, the Committee urges the Government to provide specific information in this regard. The Committee also asks the Government to take steps to ensure effective enforcement of the Anti-Sexual Harassment Act, including extending the intensive inspection strategy to cover sexual harassment, and enhancing the capacity of the responsible authorities, including judges, labour inspectors and other public officials, to identify and address such cases. Please also provide information on any judicial or administrative decisions addressing sexual harassment, including the remedies provided and sanctions imposed.

Discrimination on the basis of sex (night work). The Committee notes the Government’s statement that there has been no amendment to article 130 of the Labour Code concerning night work. The Committee also notes that section 12 of the Magna Carta of Women (Republic Act No. 9710), which came into force in 2009, provides that the State will review and amend or repeal existing laws that are discriminatory to women within three years of the coming into force of the Act. In the context of the upcoming review of laws that may be discriminatory to women, the Committee hopes that the Government will take steps to review section 130 of the Labour Code with a view to eliminating discrimination against women that may exist in access to employment. Please provide specific information of the measures taken in this respect.

Equality of opportunity and treatment between men and women. The Committee has been raising concerns for a number of years regarding occupational segregation, with women being concentrated in low-skill and low‑income jobs. It had also noted the need identified in the National Plan of Action for Decent Work, 2005–07, to provide greater protection for domestic workers, many of whom are women. The Committee notes that, in reply, the Government refers generally to the enactment of the Magna Carta of Women. The Committee asks the Government to provide specific information on the measures taken or envisaged, pursuant to the implementation of the Magna Carta of Women, to address occupational sex segregation, and promote women’s access to a wider range of jobs, in particular higher paying jobs and those with career prospects. Please also indicate the specific measures taken and the results achieved to protect the rights of domestic workers, including from discrimination.

Access to vocational training. The Committee notes that approximately 92 per cent of women graduated from the Women’s Centre of the Technical Education and Skills Development Authority (TESDA) in 2009, especially in programmes such as housekeeping, food and beverage services, and household services. It also notes that Pangulong Gloria Scholarships have been provided by the TESDA, particularly for occupations in the business process outsourcing industry, metals and engineering, and construction. Noting that women are concentrated in vocational training leading to traditionally female jobs, the Committee asks the Government to take measures to promote the enrolment of women in a wider range of courses, including those leading to higher paying jobs and career opportunities. Please provide statistical data, disaggregated by sex, on trainees attending TESDA’s programmes, and graduates who found employment after attending such programmes. The Committee also asks the Government to provide information on the number of women who benefited from the Pangulong Gloria Scholarships, and in which occupations. Please also provide information on how TESDA is promoting equality of opportunity and treatment with respect to the other grounds set out in Article 1(1)(a) of the Convention, namely race, colour, religion, national extraction, social origin and political opinion.

National policy with respect to indigenous peoples. The Committee notes with regret that the Government’s report contains no information in reply to the Committee’s previous comments on discrimination against indigenous peoples. The Committee also notes the concerns raised by the United Nations Committee on Economic, Social and Cultural Rights (E/C.12/PHL/CO/4, 1 December 2008, paragraph 16) and by the United Nations Committee on the Elimination of Racial Discrimination (CERD/C/PHL/CO/20, 23 September 2009, paragraph 22) regarding activities affecting the right of indigenous peoples to their ancestral domains, lands and natural resources, as recognized in the 1997 Indigenous Peoples Rights Act (IPRA). CERD also raises concerns regarding the unduly burdensome process for claiming collective land titles (paragraph 23). The Committee urges the Government to provide full particulars on the following:

(i)    the measures taken or envisaged, including through the implementation of the relevant provisions of IPRA, to protect indigenous peoples against discrimination with respect to wage employment and non-wage livelihood activities, as well as in education and training, and to address the various forms of prejudice and intolerance they experience;

(ii)   the measures taken to implement the 12 milestone agenda of the National Commission on Indigenous Peoples, and the results achieved; and

(iii)  any measures taken to ensure that indigenous peoples have access to land and resources to allow them to engage in their traditional occupations.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1(b) of the Convention. Work of equal value. The Committee recalls that it has for a number of years urged the Government to take the necessary steps to amend the legislation to guarantee equal remuneration for men and women not only for equal, the same or similar work, but also for work that is of a different nature but nevertheless of equal value. Such amendment is necessary given the restrictive interpretation given to section 135 of the Labor Code through the 1990 Rules implementing the Republic Act No. 6725, defining “work of equal value” to mean “activities, jobs, tasks, duties or services ... which are identical or substantially identical”. The Committee notes with regret that the Government’s report does not provide any information in this regard. The Committee strongly urges the Government to take steps, without further delay, to amend section 135(a) of the Labor Code or section 5(a) of the 1990 Rules implementing the Republic Act No. 6725, in order to bring the legislation into full conformity with the Convention.

Article 2. Pay inequality in the public sector. The Committee notes the concerns raised by the Public Services Labor Independent Confederation (PSLINK) regarding the large pay gap between women and men in the public sector, a large proportion of which, according to PSLINK, can be attributed to discriminatory factors in the wage-setting process. PSLINK points particularly to occupational segregation, with women being concentrated in lower paid and undervalued jobs, and to inequalities in the Salary Standardization Law. The Committee asks the Government to provide information on the causes and extent of the gender pay gap in the public sector, including any research, as well as statistics on the earnings of men and women in the public sector. Please indicate the steps taken or envisaged to address the pay gap in the public sector, including with regard to occupational segregation, and inequalities in the Salary Standardization Law.

Article 2(2)(b). Minimum wages. The Committee recalls its previous comments regarding the establishment of minimum wages, and noting that several establishments were reported for non-compliance with the general labour standard, including underpayment of minimum wages. The Committee also notes the communication from the Kilusang Mayo Uno Labor Center, dated 15 September 2008, which was forwarded to the Government, stating that many companies have been found to be violating the minimum wage law, particularly in industries where women predominate, such as garments, electronics and food manufacturing. The Committee notes further that the Kilusang Mayo Uno Labor Center indicates that mandatory wage orders are not being implemented and that the overtime rate actually paid is not based on the mandatory minimum wage. Moreover, the Committee refers to the concluding observations of the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressing concern that the minimum wage legislation does not apply to some important sectors, including government employment and export-oriented and labour-intensive manufacturing. The CESCR also notes that enforcement of the minimum wage legislation has been made difficult especially by the shortage of labour inspectors (E/C.12/PHL/CO/4, 1 December 2008, paragraph 22). The Committee asks the Government to provide information on the following:

(i)    the steps taken or envisaged to ensure that the principle of equal remuneration for men and women for work of equal value is taken into account in the minimum wage-setting process;

(ii)   any steps taken or envisaged to extend the minimum wage legislation to cover other sectors, in particular sectors predominantly employing women;

(iii)  the detected violations of the national legislation on minimum wages and section 135(a) of the Labour Code by the labor inspectorate, including any remedies provided or sanctions imposed, and any relevant judicial decisions;

(iv)  the number of men and women respectively affected by the violation of the minimum wage legislation;

(v)   practical measures taken or envisaged to improve the enforcement of minimum wage legislation; and

(vi)  any measures taken to assist workers to enforce their rights to receive minimum wages.

Article 3. Objective job evaluation. The Committee notes with regret that for many years, the Government has not provided the information requested regarding the methods available to promote an objective evaluation of jobs, free from gender bias. The Committee must, therefore, once again, urge the Government to take measures to promote an objective evaluation of jobs, in order to be able to compare the value of different jobs, and to cooperate with employers’ and workers’ organizations in this regard. Please provide specific information in this regard.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1 of the Convention. Equality of opportunity and treatment between men and women. The Committee notes with interest the adoption of the Magna Carta of Women (Republic Act No. 9710), which came into force in 2009. The Magna Carta provides that the State shall: “refrain from discriminating against women and violating their rights; ... protect women against discrimination and from violations of their rights by private corporations, entities, and individuals; and ... promote and fulfil the rights of women in all spheres, including the rights to substantive equality and non-discrimination. The State shall fulfil these duties through law, policy, regulatory instruments, administrative guidelines, and other appropriate measures, including special temporary measures” (section 5). With respect to employment and opportunity, in section 2 of the Magna Carta, the State is to provide opportunities for women to enhance and develop their skills and acquire productive employment. Pursuant to section 11(f), the State is required to take measures to encourage women’s leadership in the private sector. Section 22 provides further that: “the State shall progressively realize and ensure decent work standards for women that involve the creation of jobs of acceptable quality in conditions of freedom, equity, security, and human dignity”. As the Magna Carta of Women is a framework law requiring specific laws, regulations and guidelines for the full implementation of many of the principles set out therein, the Committee asks the Government to provide information on any implementing measures taken or envisaged with respect to promoting equality of opportunity and treatment in employment and occupation, with a view to eliminating any discrimination against women in respect thereof, including by the newly established Philippine Commission of Women. Recalling its previous observation regarding the need to amend the Labour Code to ensure that women are protected against discrimination in all aspects of employment, including hiring, the Committee urges the Government to take the opportunity of the adoption of the Magna Carta to adopt the necessary legislation or amendments. Please also provide information on any measures taken in practice to prevent and address discrimination against women in access to employment, and the results achieved.

Application in the public sector. The Committee notes the Government’s indication that vacancies in the public sector are published in accordance with the Act requiring publication of existing vacant positions in government offices (Republic Act No. 7041 of 1991), to ensure transparency and equal opportunities in hiring. The Government also refers to item 2(2) of Memorandum Circular No. 3, series 2001, issued by the Civil Service Commission (CSC) which provides that “[t]here shall be no discrimination in the selection of employees on account of gender, civil status, disability, religion, ethnicity or political affiliation”. The Committee further notes from the Government’s report that, pursuant to Memorandum Circular No. 40, series 1998, a number of high-level positions are exempted from the publication requirement, including primarily confidential positions, positions which are policy determining, highly technical positions, other non-career positions and third-level positions. The Committee asks the Government to indicate how Republic Act No. 7041 and Memorandum Circular No. 3, as well as Resolution No. 98-463, to which the Committee referred in previous comments, are applied in practice, and their impact with respect to ensuring equal access to employment in the public sector, irrespective of race, colour, sex, religion, national extraction, political opinion and social origin. The Committee also requests information on the application of the principle of the Convention to the positions exempted from the publication requirement. As the Government provides very general information regarding the Merit Promotion Plans, the Committee also asks the Government to provide more specific information on how the Plans address discrimination and promote equality. Please also supply an illustrative sample of procedures and criteria provided in the Merit Promotion Plans, as well as a copy of the Omnibus Implementing Book V (Executive Order No. 292).

Gender equality in the public service. The Committee notes from the Government’s report that women represent 48.75 per cent of those employed in the public service, and are concentrated in second-level positions (78 per cent in 2007), while men are likely to be in executive or managerial positions. The Committee, furthermore, notes that a draft of the Memorandum Circular implementing the provisions of the Magna Carta of Women is under review by the CSC. In this connection, the Committee notes that section 11(a) of the Magna Carta of Women provides that the Government shall institute affirmative action mechanisms in order to increase incrementally the number of women in third‑level positions in Government, to achieve a “50–50 gender balance” within the next five years. The Committee requests the Government to provide information on the implementation of the Magna Carta of Women in the public service, and particularly the measures taken to implement section 11(a). In this regard, the Committee recalls the importance of collecting statistical data disaggregated by sex in order to assess the impact of measures to advance gender equality in the public service, and it urges the Government to provide such information. Please also supply a copy of the draft of the Memorandum implementing the Magna Carta of Women. The Committee once again urges the Government to provide full details on the impact of Civil Service Resolution No. 99-0684 on the promotion of gender equality.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report does not reply to any of the matters raised in its previous direct request. It therefore hopes that the Government will provide information in reply to its previous direct request, which read as follows.

1. Article 2 of the Convention. Promotion of the principle of the Convention. With reference to its previous comments on the measures taken to promote women in higher paying jobs not traditionally held by women, the Committee notes the information in the Government’s report that the training offered by the Women’s Centre of the Technical Education and Skills Development Authority (TESDA) has helped women graduates to find jobs in trade areas that are traditionally male dominated, such as welding. Some found employment in hotels, restaurants, on cruise ships, in engineering and construction companies and automotive and electronic assembly plants. Furthermore, the Committee notes that some of the impact of the international training programme and third country training programmes for 2002–05 to build the capacity of managers and leaders of Technical and Vocational Education and Training (TVET) programmes to eliminate gender inequalities included integration of gender in TVET programmes, research on gender issues in enterprise development and TVET and a budget allocation for gender mainstreaming. The Committee asks the Government to continue to provide information on the impact of vocational training and education programmes on the promotion of women into higher-paying jobs. Please also provide information, including statistics, on the percentage of women graduates that found employment in higher-paying jobs and on the specific impact of the international training programme and third country training programmes for 2002–05 on addressing equal pay issues in private enterprises.

2. Wage determination and collective agreements. Further to its observation, the Committee notes the statistics attached to the Government’s report regarding the daily minimum wage rates per industry and sector for the different geographical regions. It also notes that the Regional Tripartite Wages and Productivity Boards (RTWPBs) must take into account the Guidelines No. 1 series of 2005, issued by the National Wages and Productivity Commission (NWPC) when setting minimum wages. The guidelines recommend that “minimum wages shall be confined as much as possible to protecting the lowest paid workers from the vagaries of the labour market” and that “wage differentiation shall be based on such broad classifications as non-agriculture, agriculture and retail/service establishments employing not more than ten workers”. The guidelines further recommend that “determination of wages above the minimum wage shall be left to collective bargaining in the organized sector and employer–employee negotiations in the unorganized sector”, and that these wages “may also be based on productivity and/or performance of the enterprise”. The Committee recalls that the Convention requires that rates of remuneration must be established without discrimination based on sex. The Committee asks the Government to provide information in its next report on the following points:

(a)   The measures it envisages to take with a view to ensuring that the principle of equal remuneration for men and women for work of equal value is taken into account in the minimum wage-setting process. For instance, how do the NWPC and the RTWPBs ensure that rates fixed for female-dominated occupations are not set below the level of rates applying to male-dominated occupations involving work of equal value?

(b)    The number of men and women respectively employed in each of the industries and sectors covered by minimum wage orders.

(c)    Copies of relevant collective agreements setting wages above the minimum wage as well as information on the number of men and women covered by these agreements and their distribution in the different wage levels.

(d)   The criteria and methods used by employers’ and workers’ organizations to determine the classification of jobs and their corresponding wage scales without discrimination based on sex.

3. Parts II and IV of the report form. The Committee notes that the inspections conducted on the basis of the Statistical Performance and Reporting System (SPRS) indicated that 10,535 establishments were reported for non-compliance with general labour standards. The most common violations were underpayment of minimum wages, non-payment or underpayment of regular holiday pay and thirteenth month pay and non-integration, non-payment or underpayment of cost of living allowances. The Committee encourages the Government to continue to provide information on detected violations of the national legislation on minimum wages and section 135(a) of the Labour Code. It also asks the Government to specify in its next report the number of men and women respectively affected by these violations, as well as information on the remedies provided and sanctions applied.

4. Part V of the report form. Statistics. The Committee recalls the importance of up to date and relevant statistics for an effective assessment of the progress made in achieving the objectives of the Convention. The Committee requests the Government to provide in its next report statistical information, disaggregated by sex, on the distribution of men and women in the different economic sectors, in the public and private sectors, and their corresponding levels of remuneration.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention. Sexual harassment. The Committee recalls its previous comments in which it noted that despite progress made in the implementation of the Sexual Harassment Act RA 7877, much remained to be done in terms of awareness raising, developing workplace policies and procedures, training of managers and offering counselling to victims of sexual harassment. The Committee notes that in order to maximize compliance with labour standards and to enhance the implementation of the Labor Standards Enforcement Framework (LSEF), an intensive inspection strategy,
i.e. LSEF–BLITZ is ongoing in all regions to monitor compliance with core labour standards, social welfare benefits and occupational safety and health standards. The Committee asks the Government to indicate the results of
LSEF–BLITZ with respect to compliance of RA 7877, and to provide information on any measures taken, and their impact, to raise awareness, develop workplace policies and procedures, train managers and offer counselling to victims of sexual harassment.

Discrimination on the basis of sex (night work). The Committee asks the Government to keep it informed of any amendments to the provisions of the Labor Code concerning night work so as to eliminate any discrimination that might exist against women in terms of access to employment.

Equality of opportunity and treatment between men and women. The Committee recalls its previous comments on the continuing occupational segregation of women in low-skilled and low-income jobs, and the need, identified by the National Plan of Action for Decent Work 2005–07, to provide greater protection for domestic workers, most of whom are women, who often face long working hours, non-payment of wages, verbal, physical and sexual abuse, and insufficient accommodation. Noting that the Government’s report does not provide any information in reply to the Committee’s previous direct request, the Committee asks the Government to provide full details on the following: (a) the impact of the measures carried out under the National Plan of Action on improving women’s skills, career opportunities and their occupational mobility; and (b) the specific measures taken, and the results achieved, to improve the working conditions and protect the rights of domestic workers, including freedom from discrimination.

Article 3(e). Access to vocational training. With respect to its previous comments on promoting equality in the technical vocational education and training (TVET) sector, the Committee notes that the Gender and Development (GAD) Committee of the Technical Education and Skills development Authority (TESDA) and the TESDA Women’s Centre (TWC) are undertaking to organize gender audit teams within TESDA and later on in the TVET sector to look at internal policies, administrative processes, human resources management, and job specification. The Committee further notes that, since 2004 and 2007, the TWC resources and capacity have been further enhanced by the Project Gender Responsive Employability and Training (GREAT) which aims to strengthen employability of women trained in the TWC through integrated research, training and advocacy activities. The Government indicates that the TWC has started to take a more active and strategic role in the promotion of gender and development in the TVET sector. The Committee further notes that the TESDA has been offering scholarship slots to deserving students to pursue vocational training in priority occupational areas which will improve their chances to obtain decent jobs. The Committee urges the Government to provide information on the results of the programmes carried out by the TESDA, including the TWC, in overcoming the systematic enrolment of men and women in traditional trades and occupations and to promote the enrolment of women in VTET programmes that offer them jobs with career opportunities. This information should include statistics, disaggregated by sex, on the enrolment of men and women in the various training courses, as well as on the number of them that have actually obtain employment after attending such a course. Please also provide information on how TESDA is promoting equality of opportunity and treatment with respect to the other grounds set out in Article 1(1)(a) of the Convention.

Article 3(e). Placement services. The Committee notes that the Public Employment Service (PESO) offices provide placement assistance services to jobseekers, and that Phil-Jobnet and the Great Modular Access (GMA) Employment Kiosk are two facilities providing information to employers and jobseekers on job vacancies. The Committee asks the Government to provide further details on how the PESOs ensure the observance of equality of opportunity and treatment with respect to job advertisements and recruitment and selection procedures. Please also provide information on how Phil-Jobnet and the GMA Employment Kiosk have helped to promote the employment of women and other disadvantaged groups in a wider range of jobs and occupations.

National policy with respect to indigenous peoples. The Committee recalls its previous comments in which it noted that discrimination against indigenous peoples with respect to wage employment and non-wage livelihood activities as well as education and training remained widespread and that, on account of their ethnicity, they experienced various forms of prejudice and intolerance. Few employers in the public and private sectors have complied with their obligation under the Indigenous Peoples’ Rights Act (IPRA) 8371 of 1997 and its Implementing Rules to hire indigenous peoples in proportion to their share in the population. Noting that the Government’s report does not provide any information on this point, the Committee reiterates its request to the Government to provide information on the measures taken or envisaged to ensure the effective application of the IPRA and to implement the 12-milestone agenda of the National Commission on Indigenous Peoples (NCIP). Please also provide information on any follow-up given to the recommendations made by the ILO study on equality and non-discrimination in employment and livelihoods of indigenous peoples with a view to addressing and eliminating discrimination against indigenous peoples in employment and occupation.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the communication, dated 15 September 2008, received from the Public Services Labor Independent Confederation (PSLINK) denouncing pay differences between men and women in the public sector. The communication was sent to the Government for its comments thereon. The Committee will examine the comments of PSLINK together with the Government’s reply at its next session.

Article 1(b) of the Convention. Work of equal value. The Committee recalls its previous observation in which it had continued to urge the Government to take the necessary steps to bring its legislation into conformity with the Convention. The Committee had noted in the past that, while section 135 of the Labour Code specifically referred to “work of equal value”, section 5(a) of the 1990 Rules implementing Republic Act No. 6725 of 12 May 1989, defined work of equal value to mean “activities, jobs, tasks, duties or services ... which are identical or substantially identical”. In the Committee’s view, this provision restricted the application of the principle of equal remuneration for men and women to jobs which were essentially the same – a concept which was narrower than that required by the Convention. The Committee had further recalled that a proposed amendment of section 135(a) of the Labour Code had provided for equal remuneration for men and women “for work of equal value whether the work or tasks are the same or of a different nature”. The Committee regrets to note that the Government, in its reply, merely restates section 135 of the Labour Code, without providing any further indication of its intention to bring its legislation into conformity with the Convention.

Article 3. Job evaluation. The Committee further regrets that the Government’s report, once again, omits to provide information about any methods available which permit the objective evaluation of jobs in accordance with Article 3(1) of the Convention. The Committee had noted in the past that the Department of Labor and Employment (DOLE) was developing such methods.

The Committee once again refers to its 2006 general observation on this Convention, as well as its previous observation of 2007, in which it explained the concept of “work of equal value” and emphasized the importance of promoting and developing methods to undertake an objective evaluation of jobs free from gender bias. The Committee strongly urges the Government to amend section 135(a) of the Labour Code or section 5(a) of the 1990 Rules implementing Republic Act No. 6725 of 12 May 1989 so as to finally bring its legislation into conformity with the Convention. The Committee also urges the Government to take measures to promote an objective evaluation of jobs, free from gender bias, taking into account the guidelines provided in its 2006 general observation. Please also supply information on any initiatives taken by the workers’ and employers’ organizations to determine wages on the basis of an objective evaluation of jobs.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention. Lack of protection against discrimination in hiring. The Committee recalls its long-standing comments since 1998 urging the Government to take the necessary legal measures to ensure that women are fully protected against discrimination in all aspects of employment and occupation, including hiring. While noting the Government’s very general statement that it is taking steps to address discrimination against women in hiring, the Committee regrets to note that the Government does not provide more detailed information on the nature and extent of the measures taken, including the amendment of section 135 of Republic Act (RA) of 12 May 1989, No. 6789, which continues to omit protection against discrimination in hiring. The Committee strongly urges the Government to bring its legislation into conformity with Article 1 of the Convention so as to ensure that women are fully protected against discrimination in all aspects of employment, not only with respect to terms and conditions of employment, training and education opportunities and job security, but also in hiring. The Committee also asks the Government to provide full details on the measures taken to prevent and address discrimination against women in hiring, and the results achieved.

Article 3(d). Application in the public service. For a considerable number of years (since 1999), the Committee has been asking the Government to provide information on the application of the Convention in the public service. In particular, the Committee requested information on the practical application of specific provisions on non-discrimination and equal opportunities of men and women under the Merit Promotion Plan (MPP) and the impact of the Civil Service Commission Resolution No. 99-0684 on the promotion of equal opportunities for men and women at third-level positions in the civil service. The Committee also requested information on the application in practice of Resolution No. 98-463 banning discrimination on the basis of gender, religious or political affiliation, minority or cultural extraction or social origin in respect of employment and occupation. The Committee regrets to note that the Government’s report once again remains silent on how the principle of equality of opportunity and treatment is ensured in the public service. The Committee strongly urges the Government to provide full particulars in its next report on the following:

(i)    the application of the MPP and the impact of the Civil Service Commission Resolution No. 99-0684 on the promotion of gender equality;

(ii)   the application in practice of Resolution No. 98-463 banning discrimination on the basis of gender, religious or political affiliation, minority or cultural extraction or social origin in respect of employment and occupation; and

(iii) the general measures taken to ensure the observance of the national policy on equality in the public service with respect to all the grounds set out in Article 1(1)(a) of the Convention.

Please also provide up to date statistical data disaggregated by sex, religion and national extraction, if possible, on employment in the public service.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 2 of the Convention. Promotion of the principle of the Convention. With reference to its previous comments on the measures taken to promote women in higher paying jobs not traditionally held by women, the Committee notes the information in the Government’s report that the training offered by the Women’s Centre of the Technical Education and Skills Development Authority (TESDA) has helped women graduates to find jobs in trade areas that are traditionally male dominated, such as welding. Some found employment in hotels, restaurants, on cruise ships, in engineering and construction companies, and automotive and electronic assembly plants. Furthermore, the Committee notes that some of the impact of the International Training Program and Third Country Training Programs for 2002–05 to build the capacity of managers and leaders of technical and vocational education and training (TVET) programmes to eliminate gender inequalities included integration of gender in TVET programmes, research on gender issues in enterprise development and TVET, and a budget allocation for gender mainstreaming. The Committee asks the Government to continue to provide information on the impact of vocational training and education programmes on the promotion of women into higher-paying jobs. Please also provide information, including statistics, on the percentage of women graduates that found employment in higher-paying jobs and on the specific impact of the International Training Program and Third Country Training Programs for 2002–05 on addressing equal pay issues in private enterprises.

2. Wage determination and collective agreements. Further to its observation, the Committee notes the statistics attached to the Government’s report regarding the daily minimum wage rates per industry and sector for the different geographical regions. It also notes that the Regional Tripartite Wages and Productivity Boards (RTWPBs) must take into account the Guidelines No. 1, series of 2005 issued by the National Wages and Productivity Commission (NWPC) when setting minimum wages. The guidelines recommend that “minimum wages shall be confined as much as possible to protecting the lowest paid workers from the vagaries of the labour market” and that “wage differentiation shall be based on such broad classifications as non-agriculture, agriculture and retail/service establishments employing not more than ten workers”. The guidelines further recommend that “determination of wages above the minimum wage shall be left to collective bargaining in the organized sector and employer-employee negotiations in the unorganized sector, and that these wages “may also be based on productivity and/or performance of the enterprise”. The Committee recalls that the Convention requires that rates of remuneration must be established without discrimination based on sex. The Committee asks the Government to provide information in its next report on the following points:

(a)   the measures it envisages to take with a view to ensuring that the principle of equal remuneration for men and women for work of equal value is taken into account in the minimum wage setting process. For instance, how do the NWPC and the RTWPBs ensure that rates fixed for female-dominated occupations are not set below the level of rates applying to male-dominated occupations involving work of equal value?

(b)   the number of men and women respectively employed in each of the industries and sectors covered by minimum wage orders;

(c)   copies of relevant collective agreements setting wages above the minimum wage as well as information on the number of men and women covered by these agreements and their distribution in the different wage levels;

(d)   the criteria and methods used by employers’ and workers’ organizations to determine the classification of jobs and their corresponding wage scales without discrimination based on sex.

3. Parts II and IV of the report form. The Committee notes that the inspections conducted on the basis of the Statistical Performance and Reporting System (SPRS) indicated that 10,535 establishments were reported for non-compliance with general labour standards. The most common violations were underpayment of minimum wages, non-payment or underpayment of regular holiday pay and 13th month pay and non-integration, non-payment or underpayment of cost-of-living allowances. The Committee encourages the Government to continue to provide information on detected violations of the national legislation on minimum wages and section 135(a) of the Labor Code. It also asks the Government to specify in its next report the number of men and women respectively affected by these violations, as well as information on the remedies provided and sanctions applied.

4. Part V of the report form. Statistics. The Committee recalls the importance of up to date and relevant statistics for an effective assessment of the progress made in achieving the objectives of the Convention. The Committee requests the Government to provide in its next report statistical information disaggregated by sex on the distribution of men and women in the different economic sectors, in the public and private sectors, and their corresponding levels of remuneration.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 1 of the Convention. Sexual harassment. The Committee notes that data of 2006 in the Statistical Performance Reporting System (SPRS) on the application of the Anti-Sexual Harassment Act RA 7877 indicate that with respect to: (a) the posting or dissemination of the Act; (b) the creation of a committee of decorum; and (c) the adoption of a company policy, the rate of compliance was
90 per cent or more. On the other hand, it also notes that the Philippine National Plan of Action for Decent Work 2005–07 highlights that much remains to be done in terms of raising awareness, developing workplace policies and procedures, providing training to managers and offering counselling to victims. The National Plan proposes to undertake a review of RA 7877 with a view to strengthening the Act and to intensifying the Sexual Harassment Program aimed at, among others, developing action-based programmes to prevent sexual harassment at the workplace. The Committee hopes that the activities carried out under the National Plan for Decent Work will help to address sexual harassment at the workplace more effectively. The Committee asks the Government to continue to monitor compliance with RA 7877, to keep it informed of the outcome of any review undertaken of RA 7877, including any amendments to the Act and of any other measures taken to address sexual harassment at work, and the results achieved.

2. Discrimination on the basis of sex. The Committee notes the Government’s indication that discussions are ongoing to amend the provisions of the Labor Code prohibiting night work of women so as to eliminate any discrimination that might exist against women in terms of access to employment. Noting further that consideration is being given to denouncing the Night Work (Women) Convention (Revised), 1948 (No. 89), the Committee asks the Government to keep it informed of any amendments to the Labor Code concerning night work of women.

3. Article 2. Equality of opportunity and treatment between men and women. With respect to the prevalence of women in low-income and low-skilled jobs in the private sector, the Committee notes the Government’s statement that job segregation continues to exist but that concerted efforts are being taken to expand the occupational mobility of women. The Committee notes that the Philippine National Plan of Action for Decent Work 2005–07 confirms that women face a narrower range of occupational choices than men resulting in fewer opportunities for skills and career development. Also, unemployment rates for young women have been systematically higher than those of young men. In addition, the National Plan identifies the need for greater protection of domestic workers, their number being estimated at roughly 600,000 to 2.45 million, most of whom are women. Many of them face long working hours, non-payment of wages, verbal, physical and sexual abuse, and insufficient accommodation. The Committee notes that the National Plan states that efforts to alleviate poverty and to promote decent work require that gender equality concerns be fully integrated into all strategies and responses to promote decent work in the country. The Committee hopes that the proposed responses under the National Plan of Action on Decent Work will contribute to improve women’s participation and integration into the economy, and asks the Government to provide information in its next report on the following points:

(a)   the impact of the measures carried out under the National Plan of Action on women’s skills and career opportunities and on improving their occupational mobility;

(b)   the specific measures taken, and the results achieved, to improve the working conditions and protect the rights of domestic workers, including freedom from discrimination;

(c)   the practical application of the Women in Development and Nation Building Act (RA 7192), as such information was not included in the Government’s report.

4. Article 3(e). Access of women to vocational training and education. The Committee notes the Government’s statement that stereotyping in vocational training and education persists, but that it is making efforts to address the systematic enrolment of men and women in traditional trades and occupations. The Committee notes in this regard the information provided by the Government on the various programmes of the Technical Education and Skills Development Authority (TESDA) in the area of technical and vocational education and training (TVET) and on the TESDA Women’s Centre which aims to promote women’s economic empowerment. The Committee asks the Government to provide information in its next report on the results achieved pursuant to the programmes carried out by TESDA, including the TESDA Women’s Centre, in overcoming the systematic enrolment of men and women in traditional trades and occupations and to promote the enrolment of women in vocational TVET programmes that offer them jobs with career opportunities. Please also provide statistical information disaggregated by sex on the enrolment of men and women in the various training courses of TESDA.

5. National policy with regard to religion and national extraction (indigenous peoples). The Committee notes the absence of information in the Government’s report concerning the concrete activities on equality of opportunity and treatment of indigenous peoples implemented under the 12-milestone agenda of the National Commission on Indigenous Peoples (NCIP), established under the Indigenous Peoples’ Rights Act (IPRA) 8371 of 1997. The Committee notes in this regard that an ILO study on equality and non-discrimination in employment and livelihoods of indigenous peoples, published in 2007, highlights that discrimination against indigenous peoples with respect to wage employment and non-wage livelihood activities as well as education and training remains widespread and that, on account of their ethnicity, they experience various forms of prejudice and intolerance. The study further highlights that few employers in the public and private sectors have complied with their obligation under IPRA and its Implementing Rules to hire indigenous peoples in proportion to their share in the population. The Committee notes that the ILO study makes a number of recommendations to address discrimination against indigenous peoples. These include, among others, to provide accessible and affordable educational and training opportunities, to raise awareness and foster understanding about indigenous peoples’ issues and rights and to systematically collect and analyse information on cases of discrimination against indigenous peoples in the world of work. The Committee further notes that the National Plan of Action on Decent Work has identified the need for activities to better implement the IPRA. The Committee asks the Government to provide information in its next report on the measures taken or envisaged to ensure the effective application of the IPRA and to implement the 12-milestone agenda of the NCIP. Please also provide information on any follow-up given to the recommendations made by the ILO study on equality and non-discrimination in employment and livelihoods of indigenous peoples with a view to addressing and eliminating discrimination against indigenous peoples in employment and occupation.

6. Failure to provide information requested. Further to its observation, the Committee trusts that the Government will make every effort to provide in its next report information, including statistics, on the matters raised in its previous direct request which in relevant parts read as follows:

(a)   Article 3(d). Application in the public service. Information on the practical application of specific provisions on non-discrimination and equal opportunities of men and women under the Merit Promotion Plan (MPP) and the impact of the Civil Service Commission resolution No. 99-0684 on the promotion of equal opportunities for men and women at third-level positions in the civil service.

(b)    Information on the application in practice, and the results achieved, of resolution No. 98-463 banning discrimination on the basis of gender, religious or political affiliation, minority or cultural extraction or social origin in respect of employment and occupation. Please also supply the requested statistical data disaggregated by sex, religion and national extraction, if possible, on workers’ participation in the public service.

(c)    Part III of the report form. Enforcement. Indicate the likelihood that Bill
No. 119, which has been pending in Parliament for a number of years and which provides for a comprehensive enforcement machinery of non-discrimination against women, will be adopted.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 1(b) of the Convention. Work of equal value. For a considerable number of years, the Committee has been asking the Government to bring its legislation into conformity with the Convention. The Committee had noted in this regard that section 5(a) of the 1990 Rules implementing Republic Act No. 6725 of 12 May 1989, which defined work of equal value to be “activities, jobs, tasks, duties or services ... which are identical or substantially identical”, appeared to restrict the application of the principle of equal remuneration for men and women workers to jobs which were essentially the same – a concept which was narrower than that required by the Convention. The Committee had further recalled that a proposed amendment of section 135(a) of the Labor Code provided for equal remuneration for men and women “for work of equal value whether the work or tasks are the same or of a different nature”. The Committee notes that in its reply the Government merely states that Republic Act (RA) No. 6727 (Wage Rationalization Act) and the Labor Code do not distinguish or differentiate between wages of men and women and that the minimum wages apply to all workers.

2. The Committee recalls its general observation of 2006 on this Convention in which it notes that:

… difficulties in applying the Convention in law and in practice result in particular from a lack of understanding of the scope and implications of the concept of “work of equal value”. … “Work of equal value” includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. …

The observation further noted that legal provisions that are narrower than the principle as laid down in the Convention hindered progress in eradicating gender-based pay discrimination against women at work because they do not give expression to the concept of “work of equal value”. In line with its general observation, the Committee urges the Government to take the necessary steps to amend its legislation so that it not only provides for equal remuneration for equal, the same or similar work, but also prohibits pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value. The Committee further reiterates its request to the Government to provide information on the measures taken to apply, in practice, the principle of equal remuneration between men and women for work of equal value where women and men carry out different work.

3. Article 3. Objective job evaluation. For a number of years the Committee has been asking the Government to provide information on any methods available which permit objective evaluation of jobs in accordance with Article 3(1) of the Convention. The Committee noted in the past that the Department of Labor and Employment (DOLE) was developing such methods. The Committee regrets to note that the Government’s report continues to omit information in this regard. The Committee refers to its general observation on this Convention which states that:

… in order to establish whether different jobs are of equal value, there has to be an examination of the respective tasks involved. This examination must be undertaken on the basis of entirely objective and non-discriminatory criteria to avoid an assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, it does presuppose the use of appropriate techniques for objective job evaluation (Article 3). … Whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias.

4. The Committee urges the Government to take measures to promote an objective evaluation of jobs free from gender bias taking into account the guidelines provided in its general observation of 2006. The Committee also asks the Government to supply information on any initiatives taken by the workers’ and employers’ organizations to determine wages on the basis of an objective evaluation of jobs.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 1 of the Convention. Lack of protection against discrimination in hiring. For a considerable number of years, the Committee has expressed concern over the lack of legislative prohibition of discrimination against women in hiring and the overly broad interpretation of inherent requirements of the job. It had noted in particular that section 135 of the Labor Code continued to provide that “favouring a male employee over a female employee with respect to promotion, training opportunities, study and scholarship grants solely on account of their sex” is unlawful discrimination. The Committee notes that section 135 still does not include a prohibition for such favourable treatment in the hiring of men over women on account of their sex. The Committee further notes the Government’s reply that the Philippine Constitution provides that the State shall ensure fundamental equality before the law between men and women and promote full employment and equality of employment opportunities for all. The Government further indicates that Republic Act (RA) of 12 May 1989 No. 6725 prohibits discrimination based on sex against women employees with respect to terms and conditions of employment, or favouring a male over a female employee. The Committee recalls that, pursuant to Article 1(3) of the Convention, discrimination on the basis of sex should be prohibited with respect to access to employment and occupation (including hiring), vocational training and terms and conditions of employment. While noting the Government’s explanations concerning the applicable constitutional provisions and RA No. 6725, the Committee remains concerned that the national legislation concerning equality and non-discrimination continues to contain a legal vacuum with respect to the protection against discrimination of women in hiring. The Committee again urges the Government to take the necessary legal steps to ensure that women are fully protected against discrimination in all aspects of employment in conformity with the Convention not only with respect to terms and conditions of employment, training and education opportunities and job security, but also in hiring practices. Awaiting any legislative changes, the Committee also requests the Government to provide detailed information on the measures taken or envisaged to prevent and address discrimination against women in hiring and the results achieved.

2. Failure to provide the information requested. For a considerable number of years the Committee has been asking the Government to provide information on a number of points raised in previous requests. These concern in particular: (i) the application of the Convention in the public service; (ii) the practical application of resolution No. 98-463 banning discrimination on the basis of gender, religious or political affiliation, minority or cultural extraction or social origin in respect of employment and occupation; and (iii) the status of Bill No. 119 providing for a comprehensive enforcement machinery of non-discrimination against women. The Committee refers to its direct request and trusts that the Government’s next report will contain full particulars on the matters raised above.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 1(1)(a) of the Convention. Sexual harassment. With regard to the application of the Anti-Sexual Harassment Act No. 7877, the Committee notes Department Order No. 57, series of 2004, on the Guidelines Implementing the Labor Standards Framework Towards Voluntary Compliance with Labor Standards in all establishments, workplaces and worksites, which is part of the self-policing mechanisms under the new inspection framework. It asks the Government to provide a copy of the Order and to indicate the number of enterprises that have adopted a self-policing mechanism, including on sexual harassment, and whether this has positively impacted on the prevention and monitoring of sexual harassment in the workplace. Further with regard to the application of RA 7877, the Committee encourages the Government to continue to monitor the implementation of the Act together with the social partners and to supply information on the results achieved by the labour inspection services since the inclusions of indicators of sexual harassment in the Statistical Performance and Reporting System (SPRS) form. Please also keep the Committee informed of any amendments to the Act.

2. Article 2. Equality of opportunity and treatment of men and women. The Committee notes from statistics collected by the Department of Labor and Employment (DOLE) that in January 2004 women continue to be predominantly employed as labourers and unskilled workers and mostly concentrated in the wholesale and retail trade (29.5 per cent) followed by agriculture (21.5 per cent), manufacturing (11.5 per cent) and private households (11.2 per cent). Further to its observation, the Committee asks the Government to provide the requested information on the application in practice of the Women in Development and National Building Act (RA 7192) and the specific activities undertaken by the National Economic and Development Agency (NEDA), with the assistance of the National Commission on the Role of Filipino Women, to improve women’s participation and integration in the economy. This should particularly include any measures taken to address male preference in the labour market and the prevalence of women in low-income and low-skilled jobs in the private sector.

3. National policy with regard to religion and national extraction (indigenous peoples). The Committee notes the extensive information provided by the Government on the 12-milestone agenda of the National Commission on Indigenous Peoples (NCIP), established under Indigenous Peoples’ Rights Act No. 8371 of 1997. It asks the Government to supply information on the concrete activities implemented under this plan, in particular those promoting equality of opportunity and treatment of the men and women belonging to indigenous peoples in employment, occupation and training, as well as an indication by means of statistics or otherwise of the results achieved. Further referring to its previous comments, the Committee notes the Government’s statement that it will provide a copy of Bill No. 456 aimed at ensuring equal employment opportunities to Muslims and tribal Filipinos once it is adopted. It hopes that the Government will soon be in a position to confirm adoption of the Bill and provide information on its practical application.

4. Failure to provide information requested. The Committee notes that the Government has once again failed to reply to a number of points raised in its previous direct request. It trusts that the Government will this time make every effort to provide in its next report information, including statistics, on the following points:

(a)  Article 3(d). Application in the public service. Information on the practical application of specific provisions on non-discrimination and equal opportunities of men and women under the Merit Promotion Plan (MPP) and the impact of the Civil Service Commission Resolution No. 99-0684 on the promotion of equal opportunities for men and women at third-level positions in the civil service.

(b)  Information on the application in practice, and the results achieved, of Resolution No. 98-463 banning discrimination on the basis of gender, religious or political affiliation, minority or cultural extraction or social origin in respect of employment and occupation. Please also supply the requested statistical data disaggregated by sex, religion and national extraction, if possible, on workers’ participation in the public service.

(c)  Part III of the report form. Enforcement. Indicate the likelihood that Bill No. 119, which has been pending in Parliament for a number of years and which provides for a comprehensive enforcement machinery of non-discrimination against women, will be adopted.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Parts III and V of the report form. Inspection services and statistics. With reference to its previous comments concerning the new Statistical Performance and Reporting System (SPRS) to determine violations of standards effecting women workers, the Committee notes from the inspections conducted based on SPRS that about 177 establishments were reported for non-compliance with general labour standards and other policies affecting women workers, including the non-payment or underpayment of maternity benefits. The Committee welcomes this information and encourages the Government to continue to report on the number of establishments inspected and detected violations of section 135(a) of the Labour Code concerning equal pay.

2. Article 2 of the Convention. Promotion of the principle of the Convention. The Committee notes the measures taken by the Government to implement the recommendations proposed in the study named "Discrimination in the workplace in metro Manila" to promote women into higher paying jobs not traditionally held by women. It notes in particular, the "free-quality training" offered by the Womens’ Centre of the Technical Education and Skills Development Authority (TESDA) and the scholarships, awards and grants in science and technology offered by the Department of Science and Technology (DOST). The Committee asks the Government to provide information on the impact of these measures as well as any other steps taken or contemplated to promote women into higher paying jobs, including information on the number of women having participated in the training or having received grants or scholarships and who have consequently entered into higher paying jobs.

3. Article 2. Wage determination in collective agreements. With regard to the application of the Wage Rationalization Act (No. 6727 of 1989), the Committee notes the Government’s statement that the wages orders issued pursuant to the Act apply to all workers regardless of sex. It asks the Government to provide in its next report copies of wages orders adopted for sectors or industries with an indication of the numbers of men and women employed in these sectors or industries. The Committee would also appreciate receiving copies of recent collective agreements, including information on the criteria and methods used by workers’ and employers’ organizations to determine classifications of jobs and their corresponding wage scales without discrimination based on sex as well as information on the numbers of men and women covered by the agreement and their distribution in the different wage levels.

4. Article 3. Objective job evaluation. For a number of years, the Committee has been asking the Government to provide information on any methods available aimed at an objective evaluation of jobs in accordance with Article 3(1) of the Convention. In this regard, the Committee had noted from the Government’s report of 1999 that the Department of Labor and Employment (DOLE) was developing appropriate methods to promote an objective appraisal of jobs on the basis of the work to be performed. As no information has been received yet, the Committee reminds the Government that, when the value of different jobs has to be compared, it is important to have methods and a procedure which are easy to use and accessible and which ensure that sex is not taken directly or indirectly, into consideration as a criterion for comparison. The Committee urges the Government to take measures to this end and to provide information on any initiatives taken by workers’ and employer’s organizations to determine wages on the basis of an objective evaluation of jobs.

5. The Committee reiterates it request for information on the measures taken or envisaged by the Inter-Agency Task Force of Strategic Planning relating to the application of the Convention.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Article 1(b) of the Convention. Work of equal value. For a number of years the Committee had noted that section 5(a) of the 1990 Rules implementing Republic Act No. 6725 of 12 May 1989, which defined work of equal value to be "activities, jobs, tasks, duties or services […] which are identical or substantially identical", appears to restrict the application of the principle of equal remuneration for men and women workers to jobs which are essentially the same - a concept which is narrower than that required by the Convention. The Committee recalled in this regard that a proposed amendment of section 135(a) of the Labor Code provided for equal remuneration for men and women "for work of equal value whether the work or tasks are the same or of a different nature". Noting that the Government merely states in its reply that it has taken note of the Committee’s observation, the Committee stresses that, while there is no general obligation to enact legislation, existing legislative provisions that are not fully in conformity with the provisions of the Convention should be amended to bring it into conformity with the meaning of the Convention. It, therefore, hopes that the Government will make every effort to adopt the proposed amendment to the Labour Code or to amend its regulation, so that it is in conformity with Article 1(b) of the Convention. In the meantime, the Committee reiterates its request to the Government to provide information on the measures taken to apply, in practice, the principle of equal remuneration between men and women workers for work of equal value where women and men carry out different work.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Article 1 of the Convention. Lack of protection against discrimination in hiring. Over a number of years, the Committee had expressed its concern that employers’ preferences for hiring males were not considered to constitute unlawful discrimination due to the lack of any specific legislative prohibition against the practice and an overly broad interpretation of inherent requirements of the job. The Committee had noted that section 135 of the Labor Code continued to provide that "favouring a male employee over a female employee with respect to promotion, training opportunities, study and scholarship grants solely on account of their sex" is unlawful discrimination. Noting that section 135 still does not include a prohibition for such favourable treatment of men over women on account of their sex in hiring, the Committee urges the Government to take the necessary measures so that women are also protected against discrimination in hiring practices in conformity with the Convention.

The Committee is raising other points in a request addressed directly to the Government.

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

The Committee notes the information contained in the Government’s report.

1. The Committee notes with interest that the Bureau of Women and Young Workers (BWYW) has included in its Statistical Performance and Reporting System (SPRS) 2001-03 indicators to gauge or determine violations of specific standards affecting women workers in establishments inspected, starting year 2001 and beyond. These indicators include night work prohibition, non-payment of maternity benefit, discrimination (Article 135), stipulation against marriage and prohibited acts (Article 137). The Department’s Bureau of Labor and Employment Statistics (BLES) shall include the consolidated statistics in the regular (quarterly and yearly) publications. The Committee further notes that the Bureau of Working Conditions (BWC) provides for a macro sex-disaggregated data on workers employed in all establishments inspected and establishment found with violators. It asks the Government to provide the abovementioned statistical data as soon as they become available.

2. The Committee notes the findings of the study conducted from March to October 2000 by the BWYW entitled "Discrimination at the Workplace in Metro Manila" on discriminatory work practices, as summarized by the Government in its report. It notes that, according to the study the average salary of a typical female worker is 91.6 per cent that of men (8.4 per cent wage gap). The Committee notes further from the study that there is no discrimination based on sex in the provision of monetary and other fringe benefits, and that sex is an "insignificant" criterion in the selection of trainees, as well as in promotion opportunities. The study recommends that action be taken by the Government to strengthen the programmes on non-traditional technical and technology skills training for women and that the school system, at both the elementary and secondary level, should develop programmes that encourage socially disadvantaged groups (like women) to enrol in mathematics and science courses, which would enable them to prepare and pursue high-paying scientific, technical and professional occupations. The Committee asks the Government to provide a copy of the study and to state the concrete measures it intends to take to implement its recommendations.

3. The Committee notes that it has not received any information in response to some of its previous comments. It must therefore repeat its previous comments regarding the following points and hopes the Government will include this information in its next report:

[…]

3. Further to its previous comments concerning the application of the Wage Rationalization Act (No. 6727 of 1989) which declares a policy of rationalizing minimum wages and promotes wage fixing through collective agreements, the Committee requests the Government to provide information on criteria and methods which have been used to determine the classification of jobs and their corresponding wage scales. The Committee further notes the statement by the Government that the DOLE is developing appropriate methods to promote an objective appraisal of jobs on the basis of the work to be performed. The Committee is looking forward to receiving a copy of the job evaluation instrument, once finalized, and reiterates its request for information concerning the extent to which employers and workers have embarked upon fixing wages in collective agreements on the basis of job evaluation.

[…]

5. Referring to its previous direct request, the Committee hopes that the Government’s next report will contain information on the measures taken or envisaged by the Inter-Agency Task Force for Strategic Planning related to the application of the Convention.

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

The Committee notes the information contained in the Government’s report. It requests the Government to provide further information in its next report on the following points.

1. The Committee notes the Civil Service Commission (CSC) Memorandum Circular 03, s.2001, on the revised policies on the Merit Promotion Plan (MPP), that integrated Gender Activity Development (GAD) concerns into the Plan. It notes that salient features of this MPP are, inter alia, specific provisions on non-discrimination on the ground of gender, a policy statement on the provision of equal employment opportunities for both women and men, and a mechanism for monitoring pregnant women and those on maternity leave. The Committee would be grateful for information on the practical application of the MPP to be supplied to the Office. With regard to the information on CSC resolution No. 99-0684 aimed at ensuring equal representation of women and men in a third-level position in the Government, the Committee asks once again for information on the impact the policy has had on the promotion of equal opportunities for men and women at third-level positions in the civil service, including statistical information. In addition, noting that the Government did not reply to the Committee’s previous request for information on the measures undertaken to address male preference in the labour market and the prevalence of women in low-income and low-skilled jobs in the private sector, as well as for other than third-level positions in the civil service, the Committee trusts that the Government will provide the requested information in its next report.

2. The Committee notes the Women in Development and National Building Act (RA 7192) that seeks to enhance women’s opportunities in the labour market by devolving a substantial portion of official development assistance funds by foreign governments and multilateral agencies and organizations to support programmes and activities for women. The Act identifies the National Economic and Development Agency, with the assistance of the National Commission on the Role of Filipino Women, as the responsible institution for improving women’s participation in national development and their integration in the economy. The Committee asks the Government to provide information on the practical application of RA 7192 and on the results achieved.

3. The Committee notes the outcome of the flash survey on the implementation of Anti-Sexual Harassment Act No. 7877 in the private sector, showing that 51 per cent of the respondent companies have a sexual harassment policy in accordance with this legislation. It also notes the efforts by the Department of Labor and Employment (DOLE) regional offices to promote an educational and awareness raising campaign to secure the acceptance and observance of RA No. 7877. The Committee asks the Government to continue to supply information on the practical application of the abovementioned Act and to indicate whether it envisages to amend it as indicated in its previous report. Further on the application, the Committee notes the development of a new inspection report form on sexual harassment and of indicators of sexual harassment in the Statistical Performance and Reporting System (SPRS) form. It asks the Government to supply information on the resulting changes to labour inspection and enforcement actions on sexual harassment following these developments.

4. The Committee once again notes that Senate Bill No. 119, which provides for a comprehensive enforcement machinery of non-discrimination against women has been pending in Parliament for a number of years. It again asks the Government to indicate the likelihood that the Bill will be adopted. In this regard, it also asks the Government to supply a copy of any court decision relating to enforcement of equality legislation.

5. The Committee again notes resolution No. 98-463 that bans discrimination on the basis of gender, religious or political affiliation, minority or cultural extraction or social origin in respect of employment and occupation. As in its previous comments, the Committee would appreciate receiving information on the results achieved by the implementation of the abovementioned resolution. It also asks the Government to supply statistical data disaggregated by sex, religion and national extraction, if possible, on the workers’ participation in the public service. Moreover, the Committee noted in its previous comments that Bill No. 456 aimed at ensuring equal employment opportunities to Muslims and tribal Filipinos had passed its first reading in the Senate. The Committee again asks the Government to supply a copy of Bill No. 456 once it has been adopted and to provide information on its practical application.

6. The Committee noted in its previous comments the adoption of Indigenous Peoples’ Rights Act No. 8371 of 1997 that extends to indigenous people the same employment rights, opportunities, basic services, educational and other rights and privileges available to every member of society. The Act also established a National Commission on Indigenous Peoples (NCIP), responsible for the formulation and implementation of policies, plans and programmes to promote the rights of indigenous peoples. The Committee again asks the Government to supply information on implementation of Act No. 8371 and on the activities of the NCIP for the promotion of equality of opportunity and treatment of indigenous peoples in employment, occupation and training.

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

In previous comments the Committee has expressed its concern that employers’ preferences in hiringmales were not considered to constitute unlawful discrimination due to the lack of any specific legislative prohibition against the practice and an overly broad interpretation of inherent requirements of the job. The Committee notes that section 135 of the Labour Code continues to provide that "favouring a male employee over a female employee with respect to promotion, training opportunities, study and scholarship grants solely on account of their sexes" is unlawful discrimination. Noting that section 135 still does not include a prohibition for such favourable treatment of men over women on account of their sex in hiring, the Committee hopes that the Government will soon be in a position to report that women are also protected against discrimination in hiring practices in conformity with the Convention.

The Committee is raising other points in a request addressed directly to the Government.

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

In its previous requests, the Committee noted that section 5(a) of the 1990 Rules implementing Republic Act No. 6725 of 12 May 1989, which defined work of equal value to be "activities, jobs, tasks, duties or services […] which are identical or substantially identical", would appear to restrict the application of the principle of equal remuneration for men and women workers to jobs which are essentially the same - a concept which is narrower than that required by the Convention. In this regard, the Committee recalls that a proposed amendment of section 135(a) of the Labor Code provided for equal remuneration for men and women "for work of equal value whether the work or tasks are the same or of a different nature". The Committee hopes the Government will take action soon to adopt the proposed amendment to the Labor Code and to amend its regulation, so that it is in conformity with the Convention. It also requests the Government to provide information on the measures taken to apply in practice the principle of equal remuneration between men and women workers for work of equal value where women and men carry out different work.

The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information in the Government’s report.

1.  With reference to the proposed amendment of section 135(a) of the Labor Code, initiated by the Bureau of Women and Young Workers (BWYW), and aimed at including a provision for equal remuneration for men and women "for work of equal value, whether the work or remuneration are the same or of a different nature, in accordance with Convention No. 100", the Committee notes that the proposal has been included in the Department of Labor and Employment (DOLE) Labor Code review project. It notes that the project is under the overall supervision of the Bureau of Labor Relations (BLR), and has been considered at a number of levels, including at the central office agencies in October 1999, tripartite consultations with the Tripartite Executive Committee of the Tripartite Industrial Peace Council and at the regional level in November 1999, and the Congressional Commission on Labour in February 2000. The Committee asks the Government to keep it informed on the progress of the draft amendment and also to provide up-to-date information on concrete measures taken to ensure that the principle of equal remuneration for work of equal value for men and women is applied, including its application in those situations where women and men carry out different work.

2.  The Committee notes the statistical information based on the report of the Statistical Performance and Reporting System (SPRS) indicating that, out of 57,623 establishments inspected in 1997, there were 51.6 per cent with general labour violations, out of which eight (0.03 per cent) were found to be in contravention of standards relating to women workers. It notes that, currently, the Department of Labor and Employment is conducting a review of SPRS indicators, in which the Bureau of Women and Young Workers proposes including gender-specific indicators, including one on equal pay. The Committee asks the Government to continue to provide information on labour inspections, including any corrective measures taken. It also asks for further information on the findings of the SPRS indicators review and on measures taken to include gender-specific components, as well as any action taken as a result to ensure the application of the Convention.

3.  The Committee notes that the BWYW is conducting a study on discriminatory work practices in Metro Manila with regard to hiring, promotion, pay and access to training, with the aim of identifying solutions and strategies to mitigate if not eliminate such practices. In this respect, the Committee notes with interest the decision of the Supreme Court in Case No. G.R. No. 128845 regarding the principle of equal pay for work of equal value between local and non-local staff at an international school, and asks the Government to provide information on any other judicial or administrative decisions regarding equal remuneration for work of equal value. It also asks the Government to provide information on the findings of the discriminatory work practice study conducted by the BWYW, including any steps taken or envisaged to implement its findings.

4.  With reference to its previous comments on other matters, the Committee notes that the Government’s report does not contain any information in response. It must therefore repeat its previous comments regarding the following points and hopes the Government will include this information in its next report:

2.  The Committee notes that the Government’s report does not contain any relevant statistical data or other information which would enable it to assess the nature, scope and extent of inequalities in remuneration and the progress made to eradicate them. It notes, however, from statistical data on men’s and women’s wages by economic activity published in the 1998 ILO Yearbook of labour statistics that, in 1995, women’s wages constituted 74.2 per cent of those of men in the manufacturing sector and 83.3 per cent in the gas, electricity and water sector, while in the area of construction, men’s wages were 72.5 per cent of women’s wages. The Committee requests the Government to provide, in its next report, information on the underlying causes of the wage differences between men and women in the abovementioned sectors. The Committee also draws the Government’s attention to its 1998 general observation on the Convention and requests the Government to supply recent data disaggregated by sex, age and occupational level on men’s and women’s earnings in the various sectors of the economy in order to permit an assessment of the progress made in promoting and ensuring the application of equal remuneration for men and women workers of work of equal value in both the private and public sectors. It also reiterates the wish that the Government - as well as the employers’ and workers’ organizations - will endeavour to collect the information requested in its previous direct request on the distribution of men and women in sectors covered by collective agreements, by earnings levels classified by occupation and grade. It also encourages the Government to make efforts to undertake the study on pay equity by the Bureau of Working Conditions (BWC) of the DOLE, and hopes this study will throw light on the general status of men and women.

3.  Further to its previous comments concerning the application of the Wage Rationalization Act (No. 6727 of 1989) which declares a policy of rationalizing minimum wages and promotes wage fixing through collective agreements, the Committee requests the Government to provide information on criteria and methods which have been used to determine the classification of jobs and their corresponding wage scales. The Committee further notes the statement by the Government that the DOLE is developing appropriate methods to promote an objective appraisal of jobs on the basis of the work to be performed. The Committee is looking forward to receiving a copy of the job evaluation instrument, once finalized, and reiterates its request for information concerning the extent to which employers and workers have embarked upon fixing wage rates in collective agreements on the basis of job evaluation.

…

5.  Referring to its previous direct request, the Committee hopes that the Government’s next report will contain information on the measures taken or envisaged by the Inter-Agency Task Force for Strategic Planning related to the application of the Convention.

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

The Committee notes the information contained in the Government's report and the collective agreements attached.

1. In its previous request, the Committee noted that section 5(a) of the 1990 Rules implementing Republic Act No. 6725 of 12 May 1989, which defined work of equal value to be "activities, jobs, tasks, duties or services ... which are identical or substantially identical", would appear to restrict the application of the principle of equal remuneration for men and women workers to jobs which are essentially the same -- a concept which is narrower than that required by the Convention. In this regard, the Committee notes with interest that a proposed amendment of section 135(a) of the Labor Code provides for equal remuneration for men and women "for work of equal value whether the work or tasks are the same or of a different nature". The Committee hopes that the proposed Act to amend the Labor Code will soon be adopted and requests the Government to supply a copy of the Act, as adopted, to the Office. While noting the Government's statement that it will study whether section 5(a) of the Rules really restricts the application of equal remuneration, the Committee hopes that the Government will take the necessary action to amend the 1990 Rules in line with the scope of the Convention, and provide information on any further developments in this regard. While noting the action taken in 1990 by the Bureau for Women and Young Workers (BWYW) of the Department of Labor and Employment (DOLE) to disseminate information on the requirements of Act No. 6725 and its implementing Rules, the Committee hopes that the Government will be able to provide, in its next report, more recent information on how Act No. 6725 and in particular section 5(a) of the implementing Rules are applied in practice, including the means by which the principle of equal remuneration between men and women workers for work of equal value is applied in situations where women and men carry out different work.

2. The Committee notes that the Government's report does not contain any relevant statistical data or other information which would enable it to assess the nature, scope and extent of inequalities in remuneration and the progress made to eradicate them. It notes, however, from statistical data on men's and women's wages by economic activity published in the 1998 ILO Yearbook of labour statistics that, in 1995, women's wages constituted 74.2 per cent of those of men in the manufacturing sector and 83.3 per cent in the gas, electricity and water sector, while in the area of construction, men's wages were 72.5 per cent of women's wages. The Committee requests the Government to provide, in its next report, information on the underlying causes of the wage differences between men and women in the abovementioned sectors. The Committee also draws the Government's attention to its 1998 general observation on this Convention and requests the Government to supply recent data disaggregated by sex, age and occupational level on men's and women's earnings in the various sectors of the economy in order to permit an assessment of the progress made in promoting and ensuring the application of equal remuneration for men and women workers of work of equal value in both the private and public sectors. It also reiterates the wish that the Government ó as well as the employers' and workers' organizations ó will endeavour to collect the information requested in its previous direct request on the distribution of men and women in sectors covered by collective agreements, by earnings levels classified by occupation and grade. It also encourages the Government to make efforts to undertake the study on pay equity by the Bureau of Working Conditions (BWC) of the DOLE, and hopes this study will throw light on the general status of men and women.

3. Further to its previous comments concerning the application of the Wage Rationalization Act (No. 6727 of 1989) which declares a policy of rationalizing minimum wages and promotes wage fixing through collective agreements, the Committee requests the Government to provide information on criteria and methods which have been used to determine the classification of jobs and their corresponding wage scales. The Committee further notes the statement by the Government that the DOLE is developing appropriate methods to promote an objective appraisal of jobs on the basis of the work to be performed. The Committee is looking forward to receiving a copy of the job evaluation instrument, once finalized, and reiterates its request for information concerning the extent to which employers and workers have embarked upon fixing wage rates in collective agreements on the basis of job evaluation.

4. The Committee notes from the Government's report that the BWYW is responsible for the formulation of policies, rules and regulations implementing the provisions of the Labor Code and other laws relating to women, the undertaking of studies and research and the provision of advice to the DOLE with regard to the enforcement of these provisions. The Committee further notes from the information provided by the Government under Convention No. 111 that the Administrative Order No. 47, series of 1997, issued by the DOLE, incorporated violations of Republic Act No. 6725 as part of items on the inspection lists of the labour inspectorate in 1997. The Committee requests the Government to supply copies of any policy advice, studies or research provided by the BWYW in relation to the promotion and supervision of the principle of equal remuneration for work of equal value, and to provide information on the number of inspections carried out by the labour inspectorate with regard to equal pay, the number of violations found, and the action taken.

5. Referring to its previous direct request, the Committee hopes that the Government's next report will contain information on the measures taken or envisaged by the Inter-Agency Task Force for Strategic Planning related to the application of the Convention.

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

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

1. In its previous direct request, the Committee expressed its concern that employers' preferences in hiring males were not considered to constitute discrimination by the Government, based on an overly broad application of the inherent requirements of a job. In this connection, the Committee notes with interest that the proposed amendment of section 135(b) of the Labor Code considers "favouring a male employee over a female employee with respect to promotion, training opportunities, and study and scholarship grants solely on the account of their sex" to be an act of discrimination. The Committee would further recommend that consideration be given to including "male preference in hiring" to the proposed amendment. It requests the Government to keep it informed on the progress made in the adoption of the proposed amendment of the Labor Code. The Committee further notes Memorandum Circular No. 8, series 1999, entitled "Policy on equal representation of women and men in third-level positions in government" issued by the Civil Service Commission (CSC) pursuant to its resolution No. 99-0684 of 22 March 1999. According to the Government, the CSC seeks with this policy to address inequities in gender representation in third-level positions in government with a view to increasing the number of women executives (the current ratio of women to men being 1:3). The Committee requests the Government to supply information on the impact the policy has had on the elimination of male preference in hiring and on the promotion of equal opportunities for men and women at third-level positions in the civil service. The Committee also requests the Government to indicate, in its next report, the practical measures taken or envisaged to address male preference in the labour market and the restriction of women to low-income and low-skilled jobs in the private sector as well as for other than third-level positions in the civil service.

2. The Committee notes the continuous efforts by the Department of Labor and Employment (DOLE) to eliminate sexual harassment in the workplace. It also notes the information on the cases received by the CSC on sexual harassment and the action taken accordingly, and encourages the Government to continue to provide such information in future reports. The Committee notes, however, the Government's statement that inspection reports of the Labor Inspectorate do not reflect findings on companies which have developed a policy on sexual harassment in accordance with Republic Act No. 7877 and its implementing Rules and Regulations. The Committee asks the Government to indicate how compliance with the Act is monitored and ensured in the private sector. The Committee also looks forward to receiving a copy of the flash survey carried out by the Employers' Confederation of the Philippines (ECOP) identifying the specific industries which have started implementing the requirements of Republic Act No. 7877. Noting further that some areas for amendment of Republic Act No. 7877 have been identified, the Committee requests the Government to keep it informed of any revisions of this Act.

3. As regards the implementation of Resolution No. 98-463 of the CSC, the Committee notes from information previously provided by the Government that, in 1992, the CSC designated Equality Advocates (EQUADS) to promote the equal opportunity policy in the civil service. The Government indicated in 1998 that, except for a nationwide information campaign in 1992 to ensure that government employees and members of the general public who are, or who have been, victims of discrimination due to their sex, religion, ethnic origin or political beliefs were given the facilities for airing and redressing their grievances, no further action had been undertaken by the EQUADS. Further, the Committee notes that the CSC was rethinking the role of the EQUADS as regards gender and development (GAD) issues and planned to reactivate it as a mechanism separate from other GAD mechanisms. In this regard, the Committee notes the information provided in the Government's report on the various initiatives to promote equal opportunities for women in development and encourages the Government to continue to provide such information in future reports. The Committee trusts that the Government will provide, in its next report, full information on the action taken by the EQUADS, and the CSC, to ensure equality of opportunity and treatment in employment and occupation on grounds of "political and religious affiliation, minority or cultural extraction or social origin" pursuant to paragraph 3 of Resolution 89-463. In this connection, the Committee notes with interest the adoption of the Indigenous Peoples' Rights Act No. 8371 of 1997, and in particular its section 21 (equal protection and non-discrimination) which extends to indigenous peoples the same employment rights, opportunities, basic services, educational and other rights and privileges available to every member of society; Chapter VII establishes a National Commission on Indigenous Peoples (NCIP) which is responsible for the formulation and implementation of policies, plans and programmes to promote the rights of indigenous peoples. Further, the Government's report indicates that Bill No. 456 to ensure equal employment opportunities to Muslims and tribal Filipinos has passed its first reading in the Senate. The Committee requests the Government to provide information on the implementation of Act No. 8371, including the activities of the NCIP as regards the promotion of equality of opportunity and treatment of indigenous peoples in employment and occupation, and to provide a copy of Senate Bill No. 456, upon adoption.

4. As regards the enforcement of equality legislation, the Committee notes the Government's statement that the report "Update on labor standards Enforcement as of March 1999" of the Bureau of Working Conditions (BWC), covering 8,527 establishments, does not show any violations of Republic Act No. 6725 (Strengthening prohibition of discrimination against women). The Committee wishes to point out that the absence of violations of equality legislation or cases brought before the court relating to those rights may be due to a general low level of knowledge and awareness amongst the public as well as labour inspectors of such legislation. The Committee therefore requests the Government to take further steps to publicize and explain the provisions of Republic Act No. 6725 and other relevant legislation among workers and employers and to consider organizing specialized gender training for labour inspectors on legislation designed to promote equality of opportunity and treatment in employment and occupation. The Committee further notes that Senate Bill No. 119, which provides for a comprehensive enforcement machinery of non-discrimination against women has now been pending in Parliament for a number of years. It requests the Government to indicate the likelihood that the Bill will be adopted.

5. The Committee notes with interest the adoption of the Philippine AIDS Prevention and Control Act of 1998 (No. 8504), and in particular section 35, which prohibits discrimination in any form from pre-employment to post-employment, including hiring, promotion or assignment, based on the actual, perceived or suspected HIV status of an individual; and provides that termination of employment on the sole basis of actual, perceived or suspected HIV status is unlawful.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with interest the adoption of Memorandum Order No. 258 establishing an Interagency Task Force for Strategic Planning and Research for Human Rights Protection. The Committee requests the Government to provide information on measures taken or envisaged by the Task Force related to the application of the Convention.

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Further to its previous comments, the Committee notes the information provided in the Government's report and attached documentation, including a copy of the 1990 Rules implementing Republic Act No. 6725 of 12 May 1989. The Committee notes that under section 5(a) of the Rules, the payment of lower compensation or benefits to a female employee compared to a male employee for work of equal value is denoted as an act of discrimination. While observing that section 135 of the Act does encompass the principle of the Convention, the Committee notes that under section 5(a) of the Rules "... work of equal value refers to activities, jobs, tasks, duties or services ... which are identical or substantially identical". As this definition would appear to restrict the application of equal remuneration for men and women workers to jobs which are essentially the same -- a concept which is narrower than that required by the Convention -- the Committee recommends that a phrase be added to this provision of the Rules to indicate that work of a different nature, but of "equal value", is also covered. The Committee also requests the Government to provide information in its next report on the application of this provision, including any material that may have been prepared and distributed to employers and to workers and their representatives to explain and publicize the requirements of Act No. 6725 and its implementing Rules.

2. The Committee notes the provisions of the Wage Rationalization Act (Republic Act No. 6727 of 1989) whereby the State has declared a policy of rationalizing the fixing of minimum wages and of promoting productivity-improving and gain-sharing measures to ensure a decent standard of living for workers and their families; of guaranteeing labour a just share in the fruits of production; of enhancing employment generation in the countryside through the dispersal of industry; and of allowing business and industry reasonable returns on investment, expansion and growth (section 2). The Committee also notes from the same section that the State is to promote collective bargaining as the primary means of setting wages and other terms and conditions of employment and that minimum wage rates are to be adjusted, whenever necessary, in a fair and equitable manner, considering existing regional disparities in the cost of living and other socio-economic factors and the national economic and development plans. The Committee requests the Government to furnish with its next report, copies of any collective agreements setting wage rates in sectors in which the percentage of women is at least equal to that of men, together with information on the respective numbers of women and men covered by the agreements and their distribution among different jobs and grades. In its report, the Government states that the Wage Rationalization Act aims to promote the objective appraisal of jobs on the basis of the work to be performed and the cooperation of the employers' and workers' organizations concerned. While noting that the Department of Labor and Employment (DOLE) has not yet adopted any method to promote an objective appraisal of jobs, the Committee requests the Government to provide some indication concerning the extent to which employers and workers have embarked upon fixing wage rates in collective agreements on the basis of job evaluations. The Committee hopes that the Government will provide copies of the study on pay equity planned to be undertaken by the Bureau of Working Conditions of the DOLE, which it mentions in its report.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes the results of the study, conducted in 1991 by the Department of Labor and Employment (DOLE), entitled "Survey on Employment and Income Mobility of Women in Metro Manila", and requests the Government to indicate any measures taken to address the findings of the study concerning, among others, male preference in hiring and the compression of women workers into a restricted range of low-income and low-skilled jobs. In this connection, the Committee notes the Government's statement that employers' preference for hiring males based on the inherent requirements of a job is not considered discrimination, but a management prerogative. The Committee would draw the Government's attention to paragraphs 125 to 133 in its 1988 General Survey on equality in employment and occupation, in which it points out that any exception based on the inherent requirements of a job must be interpreted restrictively. For example, if an employer's belief as to whether one sex or another could perform a job was based on a stereotype of a group rather than on an individual's competence for a given task, that decision would not necessarily fall under the exception of the inherent requirements of the job. The Committee requests the Government to indicate any measures taken to ensure a restrictive application of Article 1, paragraph 2, of the Convention in law and practice to employment decisions concerning women.

The Committee notes that the Government's report contains no reply to its previous comments. It must therefore repeat its previous direct request, which read as follows:

1. Referring to its previous direct request, the Committee requests the Government to indicate whether consideration is being given to comprehensive machinery to enforce non-discrimination (as was anticipated in Senate Bill No. 119). It hopes the Government will continue to supply information on any other legislative or administrative measures adopted to give effect to the provisions of the Convention.

2. While noting that there have been no new developments concerning resolution No. 98-463 of the Civil Service Commission, the Committee would nevertheless be grateful for information on the practical measures taken by the Commission to afford protection to persons who hold and/or express particular political or religious views. Although, according to the report, the Commission has not scheduled any special career examination for members of cultural minorities, the Committee asks the Government to indicate whether efforts are made to encourage their participation in the regular career service examination. Please also provide information on the mechanism created by the Commission to ensure equality of opportunity and treatment in employment on all of the other grounds of the Convention, pursuant to paragraph 3 of the above-mentioned resolution.

The Committee hopes that the Government will make every effort to provide the requested information in its next report.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes with interest the initiatives of the Government to integrate gender concerns in the enforcement of labour standards, by incorporating violations of Act No. 6725 (an Act strengthening prohibition on discrimination against women of 12 May 1989) as part of the items on inspection lists, as well as by prescribing women workers as one of the inspection priorities in 1997 under Administrative Order No. 47, series of 1997, issued by the Department of Labor and Employment (DOLE). The Committee requests the Government to provide information on the findings of the labour inspectorate in this regard.

2. The Committee notes with interest the information provided on the implementation of the project to eliminate sexual harassment, including the development of the model company policy and procedures, training modules and the numerous training activities, carried out on sexual harassment by the Bureau of Women and Young Workers of the DOLE. It asks the Government to continue to provide information on the activities of the project and the results achieved. It requests, in particular, information on the findings of the Bureau of Working Conditions (BWC), through the Labor Inspectorate Program, with regard to the number of companies that, so far, have developed Implementing Rules and Regulations (IRR) under Act No. 7877 (Anti-Sexual Harassment Act, 1995) and their functioning. Noting the attachment to the Government's report entitled "Oversight review of laws on women: Issues and Recommendations", which highlights various issues regarding the implementation of Act No. 7877, the Committee requests the Government to indicate measures taken or envisaged to implement the recommendations spelled out in the report, and to continue to provide information on the number and nature of complaints filed, and decisions rendered, under this Act.

The Committee is raising other points in a request addressed directly to the Government.

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

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Referring to its previous direct request, the Committee requests the Government to indicate whether consideration is being given to comprehensive machinery to enforce non-discrimination (as was anticipated in Senate Bill No. 119). It hopes that the Government will continue to supply information on any other legislative or administrative measures adopted to give effect to the provisions of the Convention.

2. While noting that there have been no new developments concerning resolution No. 89-463 of the Civil Service Commission, the Committee would nevertheless be grateful for information on the practical measures taken by the Commission to afford protection to persons who hold and/or express particular political or religious views. Although, according to the report, the Commission has not scheduled any special career examination for members of cultural minorities, the Committee asks the Government to indicate whether efforts are made to encourage their participation in the regular career service examination. Please also provide information on the mechanism created by the Commission to ensure equality of opportunity and treatment in employment on all of the other grounds of the Convention, pursuant to paragraph 3 of the above-mentioned resolution.

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

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. The Committee notes with interest the adoption of Republic Act No. 7877 (the Anti-Sexual Harassment Act, 1995), which makes unlawful all forms of sexual harassment in the employment, education or training environment. The Committee also notes with interest the issuance of Administrative Order No. 250, which lays down the Rules and Regulations implementing Act No. 7877 in the Department of Labor and Employment (DOLE). The Committee requests the Government to provide information on the practical application of the legislation, such as any reports issued by the Committees on Decorum and Investigation, established in the DOLE, and any statistics maintained on the number of complaints received by these Committees. The Committee also asks the Government to provide information on the implementation of the project to eliminate sexual harassment, developed by the Bureau of Women and Young Workers of the DOLE, in coordination with the ILO. 2. The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. Further to its previous comments, the Committee notes the information provided in the Government's report and attached documentation, including a copy of the 1990 Rules implementing Republic Act No. 6725 of 12 May 1989. The Committee notes that under section 5(a) of the Rules, the payment of lower compensation or benefits to a female employee compared to a male employee for work of equal value is denoted as an act of discrimination. While observing that section 135 of the Act does encompass the principle of the Convention, the Committee notes that under section 5(a) of the Rules "... work of equal value refers to activities, jobs, tasks, duties or services ... which are identical or substantially identical". As this definition would appear to restrict the application of equal remuneration for men and women workers to jobs which are essentially the same - a concept which is narrower than that required by the Convention - the Committee recommends that a phrase be added to this provision of the Rules to indicate that work of a different nature, but of "equal value", is also covered. The Committee also requests the Government to provide information in its next report on the application of this provision, including any material that may have been prepared and distributed to employers and to workers and their representatives to explain and publicize the requirements of Act No. 6725 and its implementing Rules.

2. The Committee notes the provisions of the Wage Rationalization Act (Republic Act No. 6727 of 1989) whereby the State has declared a policy of rationalizing the fixing of minimum wages and of promoting productivity-improving and gain-sharing measures to ensure a decent standard of living for workers and their families; of guaranteeing labour a just share in the fruits of production; of enhancing employment generation in the countryside through the dispersal of industry; and of allowing business and industry reasonable returns on investment, expansion and growth (section 2). The Committee also notes from the same section that the State is to promote collective bargaining as the primary means of setting wages and other terms and conditions of employment and that minimum wage rates are to be adjusted, whenever necessary, in a fair and equitable manner, considering existing regional disparities in the cost of living and other socio-economic factors and the national economic and development plans. The Committee requests the Government to furnish with its next report, copies of any collective agreements setting wage rates in sectors in which the percentage of women is at least equal to that of men, together with information on the respective numbers of women and men covered by the agreements and their distribution among different jobs and grades. In its report, the Government states that the Wage Rationalization Act aims to promote the objective appraisal of jobs on the basis of the work to be performed and the cooperation of the employers' and workers' organizations concerned. While noting that the Department of Labor and Employment (DOLE) has not yet adopted any method to promote an objective appraisal of jobs, the Committee requests the Government to provide some indication concerning the extent to which employers and workers have embarked upon fixing wage rates in collective agreements on the basis of job evaluation. The Committee hopes that the Government will provide copies of the study on pay equity planned to be undertaken by the Bureau of Working Conditions of the DOLE, which it mentions in its report.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. Referring to its previous direct request, the Committee requests the Government to indicate whether consideration is being given to comprehensive machinery to enforce non-discrimination (as was anticipated in Senate Bill No. 119). It hopes that the Government will continue to supply information on any other legislative or administrative measures adopted to give effect to the provisions of the Convention.

2. While noting that there have been no new developments concerning resolution No. 89-463 of the Civil Service Commission, the Committee would nevertheless be grateful for information on the practical measures taken by the Commission to afford protection to persons who hold and/or express particular political or religious views. Although, according to the report, the Commission has not scheduled any special career examination for members of cultural minorities, the Committee asks the Government to indicate whether efforts are made to encourage their participation in the regular career service examination. Please also provide information on the mechanism created by the Commission to ensure equality of opportunity and treatment in employment on all of the other grounds of the Convention, pursuant to paragraph 3 of the above-mentioned resolution.

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

1. Referring to its observation, the Committee notes with interest the information provided by the Government concerning the measures taken to ensure equality of opportunity and treatment for working women within the framework of measures to improve the status of women more generally. The Committee requests the Government to continue to provide such details in its next report, including information on the passage of the Bills that are indicated in the report as pending approval in the Senate and Congress. In the event of legislation being enacted to establish machinery to enforce non-discrimination (as is anticipated, for example, in Senate Bill No. 119), the Committee requests the Government to provide full information on the creation of such an agency, its mandate, powers and composition.

2. Referring to its previous direct request, the Committee notes the statistical information provided by the Government concerning the special career examinations for cultural communities, held in 1989, for appointment to the civil service. The Committee requests the Government to indicate any further legislative or administrative measures being taken to promote equality of opportunity and treatment in the civil service or in other employment for cultural minorities, in particular as regards training.

3. The Committee notes that the Civil Service Commission's resolution No. 89-463, furnished by the Government, defines discrimination as "meaning any distinction, exclusion or preference made on the basis of gender, religious or political affiliation, minority or cultural extraction or social origin which has the effect of nullifying or impairing equality of opportunity and treatment in employment and occupation". As the resolution qualifies the definition of the Convention by using the term "religious or political affiliation", the Committee requests the Government to provide detailed information on the protection afforded to persons who, though they may not belong to or be affiliated to a certain group, nevertheless hold and/or express particular political or religious views.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes with interest the adoption of Republic Act No. 7877 (the Anti-Sexual Harassment Act, 1995), which makes unlawful all forms of sexual harassment in the employment, education or training environment. The Committee also notes with interest the issuance of Administrative Order No. 250, which lays down the Rules and Regulations implementing Act No. 7877 in the Department of Labor and Employment (DOLE). The Committee requests the Government to provide information on the practical application of the legislation, such as any reports issued by the Committees on Decorum and Investigation, established in the DOLE, and any statistics maintained on the number of complaints received by these Committees. The Committee also asks the Government to provide information on the implementation of the project to eliminate sexual harassment, developed by the Bureau of Women and Young Workers of the DOLE, in coordination with the ILO.

2. The Committee is raising other points in a request addressed directly to the Government.

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

1. The Committee notes with satisfaction that the Government is making extensive efforts to eliminate discrimination and to promote equality of opportunity and treatment in employment for women, through policies and programmes that seek to deal comprehensively with the sources of inequality. In its previous comment, the Committee had noted with interest the provisions of the Women in Development and Nation Building Act (Republic Act No. 7192 of 1992), which among other things, requires all government departments and agencies to review and revise all their regulations, circulars and procedures with the aim of removing gender bias. The Act also gives the National Economic and Development Authority (NEDA) the mandate to ensure that government departments and agencies see to the participation of women and the integration of gender concerns in development programmes. The Committee notes that the NEDA, in consultation with the National Commission on the Role of Filipino Women, coordinated the drafting and finalization of the rules and regulations to implement the above-mentioned Act and distributed and explained to government agencies and other relevant bodies the obligations entailed, including the duty to submit a compliance report to Congress every six months. The Committee thanks the Government for supplying the first two compliance reports on this Act and requests it to continue to furnish information on the practical impact of the various measures being taken to ensure gender equity, including copies of further compliance reports.

2. The Committee is also addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information contained in the report of the Government and the documentation appended thereto.

1. With reference to its previous comments, the Committee notes the Government's reference to the Rules Implementing Republic Act 6725 and to the copies of the statistical data on wage rates and earnings of men and women. As these documents were not received with the report, the Committee would be grateful if the Government would transmit this material to the Office.

2. On a previous occasion, the Committee had commented on an occupational survey which appeared to have been undertaken as a basis for evaluating and classifying occupations, in accordance with the principle of equal pay for work of equal value. The Committee notes from the report that even though the purpose of that survey was to prepare occupational briefs for selected occupations, the Government has indicated that the briefs could indeed provide relevant information for an evaluation exercise. The Committee hopes that the Government will consider making use of the information derived from the survey so as to embark upon an objective appraisal of jobs and that it will provide further information on this matter in its next report.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Further to its previous comments, the Committee notes with interest that in implementing the Philippine Development Plan for Women (1989-1992), the Department of Labour and Employment has prioritized the promotion of equal opportunity in employment and, to this end, has undertaken a number of activities, including preparing a monograph outlining the practical ways of promoting equality in the workplace and researching to what extent wage disparities between men and women are based on sex. The Committee requests the Government to continue to provide information on the extent to which these various activities further the application of the Convention.

The Committee has also noted that a number of legislative bills have been filed in the Congress to complement and strengthen existing measures to promote equal opportunity in employment. The Committee requests the Government to furnish the texts of any legislation adopted which is relevant to the application of the Convention.

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

The Committee notes the information supplied by the Government in reply to its previous direct request.

1. The Committee notes with interest the information supplied on the achievement of the Philippine Development Plan for Women, 1989-92 (PDPW) following an impact evaluation of its implementation in the Department of Labor and Employment (DOLE) from 1989 to 1992. It notes from this information that the DOLE's plan focused on equal employment opportunities, sexual harassment, women homeworkers and women in migration in its effort to integrate working women's concerns into its programme. The implementation led DOLE to formulate policies on these issues, initiate training programmes, disaggregate data by sex for reporting activities, include equal employment opportunities in its internal merit promotion plan and adopt Administrative Order No. 68 of 1992.

The Committee requests the Government to continue supplying information on the impact and evaluation of the PDPW in other government departments and other sectors.

2. Noting the list supplied by the Government of numerous pending House and Senate Bills which concern the promotion of equality of opportunity and treatment between men and women in employment and occupation (covering matters such as the removal of restrictions on the number of childbirths for the enjoyment of maternity leave benefits, the increase of maternity benefits in the public and private sectors, the granting of paternity leave in the private and public sectors, the prohibition of gender discrimination and sexual harassment and the establishment of further national machinery to implement and enforce legislation ensuring equality of opportunity and treatment for women), the Committee asks the Government to continue providing information on the passage of the relevant Bills, as well as copies of any texts adopted and any implementing guidelines.

3. The Committee is grateful to the Government for supplying a copy of the Women in Development and Nation-building Act No. 7192 of 11 December 1991, which, inter alia, ensures economic equality and opportunity for women and their equal participation with men in national development activities. The Committee notes that the National Economic and Development Authority (NEDA), with the assistance of the National Commission on the Role of Filipino Women (NCRFW), is responsible for the implementation of this Act. The Committee requests the Government to provide more detailed information on the activities of NEDA and NCRFW, as well as the results achieved in the practical implementation of Act No. 7192, and any court decisions involving its implementation.

4. Regarding the special civil service examinations to qualify members of the cultural communities for appointment to the civil service, the Committee notes that pursuant to section 9(4) of Republic Act No. 6040 (the Civil Service Act of 1959), the Civil Service Commission (CSC) held unassembled examinations for the cultural communities to establish a register of eligible applicants among members of these communities from 1975 to 1980 and, in 1989, for the first time held special written examinations opening access to posts to them. The Committee requests the Government to provide statistical data on the outcome of this measure, as well as further information on legislative (such as progress in the passage of the pending House and Senate Bills which concern the promotion of equality of opportunity and treatment for cultural minorities in employment and occupation) or administrative (in addition to the nationwide education programme launched in 1989) measures taken or contemplated to promote equality of opportunity and treatment in access to employment and training for the country's minorities, including copies of any pertinent reports.

5. With regard to the grievance procedures for victims of discrimination based on gender, religion, ethnic origin or political belief contained in the Civil Service Commission's 1989 resolution "to institutionalize a long-range mechanism within the government sector to ensure equality of opportunities in employment and terms and conditions of work", the Committee notes that the resolution does not mention the other grounds of discrimination enumerated in Article 1, paragraph 1(a), of the Convention, such as race, colour, national extraction and social origin. It refers to paragraph 58 of its 1988 General Survey on Equality in Employment and Occupation, in which it states that, where provisions are adopted in order to give effect to the principle contained in Convention No. 111, they should include all the grounds of discrimination set forth in Article 1, paragraph 1(a). The Committee would appreciate receiving a copy of this resolution and hopes that measures will be taken to expand its provisions or to adopt others so as to mention expressly race, colour, national extraction and social origin. It requests the Government to inform it of measures taken or contemplated to this end.

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

The Committee notes the information supplied in the Government's report, in reply to the Committee's previous direct request.

1. Referring to its observation, the Committee notes that the Department of Labour and Employment has adopted rules to implement Article 135 of the Labour Code (as amended by Republic Act 6725) which are also intended to serve as procedural guidelines for labour inspectors. The Committee would be grateful if the Government would supply a copy of these rules.

2. In order to appraise the extent to which the wage differential has been reduced through the application of the Convention, the Committee requests the Government to provide, in its next report: (i) statistical data concerning the minimum or basic wage rates and the average actual earnings of men and women in the economy, broken down, where possible, by occupation or sector of employment, seniority or skill level as well as information on the percentage of women employed in different occupations or sectors; and (ii) examples of collective agreements fixing wage rates in a range of enterprises or organisations together with an indication of the percentage of women covered by these agreements and the percentage of men and women employed at different levels.

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

The Committee notes the information supplied by the Government in reply to its previous direct request.

1. The Committee notes with interest the launching and implementation of the Philippine Development Plan for Women (1989-1992). In this regard, it notes the efforts undertaken by the National Commission on the Role of Filipino Women to ensure the implementation of the Plan through the institutionalisation of gender-sensitive or responsive development planning and programming, including, among other things, an emphasis on gender consciousness raising and training. It further notes that, in response to the Development Plan, the Department of Labor and Employment included in its 1990-92 Agenda for Social Justice the reorientation of programmes to enhance full participation of women in the labour force and the promotion of women's access to training and career guidance services. The Committee requests the Government to supply information on the impact and evaluation of the Development Plan as it relates to the promotion of equality of opportunity and treatment between men and women in employment and occupation and the results achieved in this regard.

2. The Committee notes from the information attached to the Government's report that numerous House and Senate Bills are pending which concern the promotion of equality of opportunity and treatment between women and men in employment and occupation on topics such as the provision of day-care centres, sexual harassment, the granting of paternity leave, and the establishment of implementing national machinery to ensure equality of opportunity for women. The Committee requests the Government to provide information on the status of the relevant Bills and to supply copies of any texts adopted as well as any implementing guidelines.

3. The Committee notes with interest the recent adoption of the Women in Development and Nation-Building Act and requests the Government to supply a copy of this Act with its next report, as well as to provide relevant information on its implementation.

4. Further to its previous comments concerning the special civil service examinations to qualify members of the cultural communities for appointment to the civil service with a view to facilitating their integration and accelerating the development of the areas occupied by the cultural communities, the Committee notes from the Government's report that for the positions of Regional Cultural Community Officer (RCCO), Cultural Community Employee (CCE) and Cultural Community Officer (CCO), specialised written examinations have been given in 1989. The Committee requests the Government to continue to provide information on the manner in which this programme promotes the employment of members of the cultural communities in the civil service. It further requests the Government to supply information on any other promotional measures, legislative or administrative, taken or contemplated to promote equality of opportunity in access to employment and training for the country's national minorities.

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

1. Further to its previous comments, the Committee notes with interest that following the 1989 amendment to Article 135 of the Labour Code (which provides for penal sanctions to be imposed for acts of discrimination against women, including discrimination in remuneration for work of equal value), the Government has taken a number of measures to further the application of the Convention. In this regard, the Committee notes that the Bureau of Local Employment (Department of Labour and Employment) is conducting a survey in each occupational sector to compile information on the requirements of different jobs and the salaries paid with a view to evaluating and classifying posts in accordance with the principle of equal pay for work of equal value. The Committee requests the Government to supply details on the methods and critera used to prepare this classification and to supply information on the outcome of the project.

2. The Committee also notes with interest that within the context of implementing the Philippine Development Plan for Women (1989-1992), a sub-committee has been established in the Department of Labour to define the activities which should be undertaken to implement equal employment opportunity, including pay equity. The Committee requests the Government to supply information concerning the results of this initiative.

3. The Committee notes from the report that a Bill (No. 151) has been introduced into the House of Senate concerning equality of opportunity for women, which would also establish implementing machinery for this purpose. The Committee requests the Government to furnish the text of any legislation adopted on this topic and to provide information concerning its relevance to the application of the Convention.

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

Further to its previous comments, the Committee notes with satisfaction the adoption of Republic Act No. 6725 of 12 May 1989 which amends section 135 of the Labour Code by making unlawful and liable to penal sanctions, inter alia, payment of a lesser compensation, including wage, salary or other fringe benefits, to a female employee than to a male employee, for work of equal value; and the favouring of a male employee over a female with respect to promotion, training opportunities, study and scholarship. It also notes the guidelines promulgated, in consultation with major women's organisations and labour unions, to implement the provisions of Act No. 6725.

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

The Committee notes the Government's report and the replies to its previous direct request.

1. With reference to to its observation, the Committee requests the Government to supply in its next report information on the practical effect given to section 135 of the Labour Code, as amended. Please indicate in particular whether measures have been taken to promote the objective appraisal of jobs on the basis of work to be performed, so as to assess what constitutes work of equal value (Article 3, paragraph 3, of the Convention; see also paragraph 21 of the 1986 General Survey on the application of the present Convention and the corresponding Recommendation No. 90).

2. The Committee notes the information provided by the Government on the programme of activities of the National Commission on Women as well as the adoption of Administrative Order No. 93 of 6 October 1988 to strengthen this Commission. It notes that the activities described in the report tend to strengthen the role of women in employment generally. The Committee would be grateful if the Government would keep it informed of any activities of the National Commission on Women, or other bodies, that have a specific bearing on the application of the principle of equal remuneration to men and women workers for work of equal value.

3. The Committee notes the statement in the Government's report, under point V of the report form, that there are no official reports of any contraventions pertaining to the application of the Convention. Further to the adoption of Republic Act No. 6725, please continue to provide information under this point.

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

Further to its previous comments, the Committee notes with satisfaction the adoption of Republic Act No. 6725 of 12 May 1989 which amends section 135 of the Labor Code by making unlawful and liable to penal sanctions, inter alia, payment of a lesser compensation, including wage, salary or other fringe benefits, to a female employee as against a male employee, for work of equal value.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. The Committee notes the information supplied by the Government concerning programmes for diversification of training and employment opportunities for women and other studies and programmes conducted by the Bureau of Women and Minors. It notes also the information contained in the report of the National Commission on the Role of Filipino Women ("The Women's Decade in the Philippines"), a copy of which was supplied with the Government's report.

The Committee requests the Government to continue supplying information on the activities of the Bureau of Women and Minors, as well as the National Commission, including copies of any reports or studies undertaken by them. It would appreciate receiving, in particular, further information on the bills intended to strengthen the prohibition on discrimination against women with respect to terms and conditions of employment referred to in the Government's report.

2. The Committee notes the indication of the Government in its report that a series of bills that are to give effect to section 14 of the Constitution are awaiting passage. It requests the Government to continue supplying information on developments in this regard. The Committee notes with interest the Government's indication in its report that the New Family Code (NFC) of 17 July 1987 repeals the Civil Code provision giving a husband veto power over his wife's exercise of profession or occupation or undertaking of a business. The Committee would be grateful if the Government would supply copies of these Codes.

3. In its previous comments, the Committee noted that a total of 46,770 members of the various cultural communities in the Philippines had been conferred eligibilities for the Regional Cultural Community Officer (RCCO), Cultural Community Officer (CCO) and Cultural Community Employee (CCE) by the Civil Service Commission as of October 1983, with a view to facilitating the integration of the members of the cultural communities and accelerating the development of the areas occupied by them. The Committee notes the Government's indication in its latest report that the Civil Service Commission is currently holding meetings and studies for the full implementation of the plan for the next year. The Committee requests the Government to supply information on the application of this plan, as well as, more generally, on any other promotional measures, legislative or administrative, taken or contemplated to promote equality of opportunity and treatment in access to employment and training for the country's national minorities.