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

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

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

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

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

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

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

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

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

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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Articles 2 and 18 of the Convention. Scope of Application. Consultations. The Committee welcomes the Government’s report received in August 2018. The Government indicates that it has held a series of consultations with the social partners and concerned agencies since 2009 on issues related to the implementation of the Convention. The Committee notes that the Department of Labour and Employment (the DOLE) consulted with workers’ associations, employers, civil society organizations, national and local government agencies, and formed a Technical Working Group which was actively involved in lobbying before Congress during the process of the passage of the Domestic Workers Act/ Republic Act No. 10361 (hereinafter RA 10361). It also notes that the National Tripartite Peace Council (hereinafter the NTIPC) held consultations both on the Implementing Rules and Regulations (IRR) of the RA 1036 and the DOLE Department Order No. 141, series of 2014 or the Revised Rules and Regulations Governing Recruitment and Placement for Local Employment (hereinafter DO 141-14) before they were endorsed by the Secretary of Labour and Employment. The Committee requests the Government to continue to provide information regarding consultations held with the most representative organizations of employers and workers and, where they exist, with organizations representative of domestic workers with regard to the exclusion of categories of workers from the scope of application of the Convention (Article 2(2) of the Convention) and to measures taken to protect domestic workers recruited or placed by private employment agencies against abusive practices (Articles 15(2) and 18 of the Convention).

Article 3(2) (a). Freedom of association. The Government indicates that the NTIPC, reconstituted by virtue of Republic Act No. 10395 as the main consultative and advisory mechanism lodged with the DOLE, is replicated at the regional and industry levels through the Regional Tripartite Industrial Peace Councils (RTIPCs) and Industry Tripartite Council, respectively. The Committee notes that these tripartite mechanisms were expanded to include representatives not only from the formal sector, but also from youth, women, migrants, and the informal economy, where domestic workers are concentrated, to ensure that the rights, interests and special concerns of workers in all sectors are promoted and protected. Recalling that under Rule IV(17) of the IRR, the RTIPC shall create within the Council a subcommittee to ensure adequate representation of domestic workers in social dialogue on issues and concerns specific to their work and their welfare, the Committee notes that the Government does not clarify whether this subcommittee has been created. On the other hand, the Government indicates that, in 2017, a workers’ association, formed by domestic workers was registered with the DOLE. In this respect, the Committee notes that workers’ associations are labour organizations usually formed by groups of itinerant, ambulant, intermittent, self-employed, rural workers and those workers without definite employers (workers in the informal economy), for mutual aid and protection of its members or for any legitimate purpose other than collective bargaining. In its 2016 comments on the application of the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No.87), the Committee noted that House Bill No. 5886, which will possibly be pursued in the next Congress as refiled House Bill No. 1354, while recognizing a degree of participation in trade union activities to all migrants, only recognizes the right to self-organization and the right to join and assist labour organizations, to migrants aliens with a valid working permit. The Committee also recalled that the right of workers, without distinction whatsoever, to establish and join organizations of their own choosing implies that anyone residing in the territory of a State, whether or not they have a residence or a working permit, benefits from the trade union rights provided by the Convention. The Committee reiterates its request that the Government provide information on the constitution of the subcommittee to ensure adequate representation of domestic workers in social dialogue, pursuant to Rule IV (17) of the IRR, as well as other measures taken or envisaged to ensure domestic workers’ freedom of association and collective bargaining rights.

Articles 3(2) (b) and (d), 8 and 15. Migrant domestic workers. The Committee notes that the Government has increased its efforts to provide anti-trafficking training to its officials, Philippines troops and law enforcement officers prior to their deployment abroad on international peacekeeping missions. In this context, the Department of Foreign Affairs provided training on human trafficking for its diplomatic personnel prior to overseas deployment, formally launched its handbook on trafficking, and issued new guidelines to its Foreign Service personnel about employment of personal staff. The Government indicates that its officials continued to cooperate with other Governments to pursue international law enforcement action against suspected foreign traffickers, most of which involved sexual exploitation of children. The Committee also notes that the Government maintained protection efforts and continued to implement formal procedures to identify victims in the Philippines and overseas and to refer them to official agencies or NGOs facilities for care. Moreover, the Government indicates that the Philippines Overseas Employment Administration (POEA) launched a social media campaign to educate people about illegal recruitment. The Committee recalls that it has been raising a number of issues with regard to migrant domestic workers in the context of the application of other ILO Conventions. The Committee notes that in its concluding observations of 22 July 2016, the UN Committee on the Elimination of Discrimination against Women (CEDAW), noted with concern that the Government remains a source country for international and internal trafficking, including for sexual exploitation, forced labour and domestic servitude. The CEDAW pointed out, among other issues, the lack of designated shelters for victims of trafficking as well as support for rehabilitation and reintegration (CEDAW/C/PHL/CO/7-8, para. 27). The Committee also recalls that in its 2012 comments on the application of Migration for Employment Convention (Revised), 1949 (No. 97) and Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), the Committee noted that almost one third of the Filipino overseas workers in 2010 were deployed in domestic work, 98 per cent of them being female migrant workers. Referring to its comments under Convention No. 29, the Committee requests the Government to provide further information on the measures taken, at the national and international levels, to strengthen the mechanisms to eliminate all forms of forced or compulsory labour in relation to domestic workers, especially migrant domestic workers recruited through private employment agencies. It reiterates its request that the Government provide practical information on the investigations of complaints, alleged abuses and fraudulent practices concerning the activities of private employment agencies in relation to domestic workers, including migrant domestic workers. With regard to the issue of age restriction for the departure of household service workers, the Committee refers once again the Government to its comments under Conventions Nos 97 and 143.

Article 4. Child domestic workers. The Committee notes the information provided by the Government on legislation aiming to prevent and eliminate the worst forms of child labour. The Government indicates that the Joint Memorandum Circular (hereinafter JMC) on the Protocol on the Rescue and Rehabilitation of Abused Kasambahay (domestic workers), signed in October 2015, provides guidelines to all concerned agencies for the immediate rescue and rehabilitation of abused or exploited domestic workers nationwide. It also indicates that DO 141-14 classifies recruitment and placement of workers in violation of anti-child labour laws as a serious offense with an imposable penalty of cancellation of authority to recruit of private employment agencies and that the Department Order No. 149 of 2016 on Guidelines in Assessing and Determining Hazardous Work in Employment of Persons below 18 years of age lists work and activities which are considered as hazardous to domestic workers below 18 years of age. In addition, the Committee takes note of the Republic Act No. 9155, which stipulates the establishment of the Alternative Learning System in cases where formal basic education in schools is impossible. The Committee also notes the Department Order No. 159, issued in June 2016 on the Guidelines for the Employment of Migratory Sugarcane Workers, which includes a provision on prohibition against child labour. The Committee recalls that, in its 2019 comments on the Worst Forms of Child Labour Convention, 1999 (No. 182), it urged the Government to strengthen its efforts to ensure that Republic Act No. 10361 is effectively applied and that sufficiently effective and dissuasive penalties are imposed in practice on persons who subject children under 18 years of age to domestic work in hazardous or exploitative conditions. The Committee also requested the Government to indicate the measures taken to rescue and rehabilitate abused domestic workers following the JMC and the results achieved in terms of the number of child domestic workers rescued and rehabilitated. In this regard, the Committee refers the Government to its observation under Convention No. 182 and trusts that the Government will provide information on these issues in this framework.

Article 10. Equal treatment between domestic workers and workers in general. Working hours and stand-by work. In response to Committee’s previous comment, the Government indicates that the DOLE issued Labour Advisory No. 10, in June 2018, reaffirming the entitlements of domestic workers to rights and benefits under RA 10361 and to labour standard benefits which are also enjoyed by workers in the formal sector, such as Special Leave Benefit, Solo Parent Leave, Violence Against Women and their Children Leave. The Committee also notes that, regarding migrant domestic workers, the Government has signed Bilateral Labour Agreements with major countries of destination to ensure ethical and fair recruitment standards, adopt Standard Employment Contracts (hereinafter SECs), give focus to priority areas of cooperation, and establish mechanisms for cooperation. The Government requires that all SECs limit the hours of Filipino domestic workers to a maximum of eight hours per day, six days per week and that they specify that work in excess of eight hours should be compensated with overtime pay. The Committee requests the Government to continue to provide information on how the principle of equal treatment between domestic workers and workers in general is ensured in practice. It also reiterates its request that the Government provide information on the regulation of standby work pursuant to Article 10(3) of the Convention, and taking into consideration Paragraph 9 of the Domestic Workers Recommendation, 2011 (No. 201).

Article 11. Minimum wage. The Government indicates that, as of June 2018, sixteen regions issued minimum wage orders for domestic workers, granting increases in the minimum wage of domestic workers ranging from PHP300.00 to PHP2.000.00. With regard to the competency-based pay scheme, it indicates that coordination with the Technical Education and Skills Development Authority is ongoing with regard to the number of domestic workers who have participated in trainings provided by the authority. The Committee reiterates its request that the Government provide information on the effectiveness and impact of the competency-based pay scheme and on the number of domestic workers that have been granted wage increases pursuant to the application of this scheme.

Article 14. Social security. The Committee notes that the Government has established a series of programs to extend social security coverage to domestic workers. The Government indicates that, under the Employee's Compensation (EC) Program, locally employed domestic workers are mandatorily covered under the purview of the Employee's Compensation Commission (ECC). Furthermore, the Government indicates that domestic workers are entitled to benefits accorded through Presidential Decree No. 626 that include: medical benefits; rehabilitation services; disability benefits; death benefits; and other common income benefits. With regard to the issue of registration of domestic workers, the Government indicates that under RA 10361, the employer has the obligation to register the domestic worker, deduct, and remit the required Social Security System (SSS) premiums and contributions. The Committee notes that the SSS has instituted a series of programs for domestic workers to handle and streamline the registration process for household employers and domestic workers. It further notes that, as of December 2017, 181.210 domestic workers have been registered under SSS, representing a 58 per cent increase from the number of registered domestic workers in 2013. In addition, the total number of beneficiaries, both members and dependents of domestic workers, under PhilHealth amounts to 121,308 persons, an increase of 3.20 per cent since 2016. With regard to the issue of extending social security coverage to domestic workers working for multiple employers, the Committee notes that, while, part-time domestic workers working for multiple employers are not covered under the EC Program, their coverage is already approved by the ECC. The Committee notes that in 2018 the implementing guidelines were being drafted for consultation with stakeholders. Furthermore, the Government indicates that for domestic workers with multiple employers, the SSS has existing policies on the registration and remittance contributions of employed workers with multiple employers, which may also be acceptable to domestic workers. The Committee requests the Government to provide information on the results achieved as a result of the implementation of measures to promote registration of domestic workers in social protection programmes and to continue to provide statistical data, disaggregated by sex, on the number of domestic workers who are affiliated to the social security scheme. It further requests the Government to continue to provide information on the measures taken to extend social security coverage to domestic workers working for multiple employers and to communicate the new ECC implementing guidelines once these have been adopted. The Committee reiterates its request that the Government provide information on the consultations held with the social partners regarding these issues (Article 14(2)).

Article 17(2) and (3). Labour inspection and sanctions. Access to household premises. The Committee notes that the current rules and regulations governing labour inspection do not provide for inspection in private premises where domestic workers perform their work. The Government indicates that the Philippines Overseas Employment Administration conducts inspections every two years of the licensed recruitment and placement agencies deploying household service workers overseas. The Committee notes that this inspection includes measuring the office space of the agency, posting the no-placement fee prohibition for household service workers and examining the work contracts of all workers placed by the agency. The Committee reiterates its request that the Government provide information on the measures adopted or envisaged to give effect to Article 17(2) and (3) of the Convention.

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

Articles 2 and 18 of the Convention. Scope of application. Consultations. The Committee takes good note of the detailed information contained in the Government’s first report on the application of the Convention. It notes with interest that the main legislation implementing the Convention is Republic Act No. 10361, An act instituting policies for the protection and welfare of domestic workers, of 18 January 2013 (hereinafter, RA10361) and its implementing rules and regulations (hereinafter, IRR). The Committee also notes the comprehensive measures taken by the Government to implement the Convention. The Government indicates that the following categories of workers are not covered from the application of legislation: service providers; family drivers; children under foster family arrangement; and any person who performs work occasionally or sporadically and not on an occupational basis (section I(4)(d) of RA10361 and Rule I(3)(e) of the IRR). Service providers and children under foster family arrangements are defined under Rule I(3) of the IRR. As regards family drivers, the Government indicates that they are excluded from the scope of the application of the Convention because the job requires different competency requirements, and they are currently receiving remuneration higher than domestic workers. Nevertheless, they are covered under the Labor Code, including with regard to social security contributions. The Government indicates that the exclusions of family drivers and children under foster family arrangements were thoroughly discussed during the Bicameral Conference Committee. The Committee notes that the Government provides no information on consultations with the most representative organizations of employers and workers and, where they exist, with organizations representative of domestic workers and those representative of domestic workers with regard to the exclusions of categories of workers from the scope of application of the Convention (Article 2(2) of the Convention). The Committee requests the Government to provide information in this regard. It further requests the Government to provide information on the consultations held with the concerned social partners in the implementation of the Convention, including with regard to measures taken to protect domestic workers recruited or placed by private employment agencies, against abusive practices (Articles 15(2) and 18 of the Convention).

Article 3(2)(a). Freedom of association. The Committee notes that the right of domestic workers to form, join, or assist associations or organizations of their own choosing for their mutual benefit and protection and for the purposes of collective negotiation and social dialogue is expressly recognized under the IRR (Rule I(1), and Rule IV(1)(j) and (17)). Under Rule IV(17) of the IRR, the Regional Tripartite Industrial Peace Council (RTIPC), chaired by the Regional Director of the Department of Labor and Employment (DOLE), shall create within the council a subcommittee to ensure adequate representation of domestic workers in social dialogue on issues and concerns specific to their work and their welfare. The Government also refers to general legislation applicable to all workers on freedom of association, that is, Republic Act No. 9481, An act strengthening the workers’ constitutional right to self-organization, amending the Labor Code. With regard to migrant domestic workers, the Government refers to section 2(f) of the Migrant Workers and Overseas Filipinos Act of 1995 (No. 8042), as amended, recognizing the right of Filipino migrant workers and all overseas Filipinos to participate in the democratic decision-making processes of the State and to be represented in institutions relevant to overseas employment. In its comments on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee has noted the Government’s indication that House Bill No. 5927 seeking to remove the 20 per cent minimum membership requirement for registration of independent labour organizations failed to pass in Congress, that the removal of the 20 per cent requirement was reconsidered and lowered to 10 per cent in order to prevent the proliferation of short-term unions and intra-union disputes, and that the new amendment is supported by the National Tripartite Industrial Peace Council (NTPIC). In the same comments, the Committee has also noted the Government’s information that House Bill No. 894, which aimed to extend the right to self-organization to aliens in the Philippines, failed to pass in Congress, has been refiled as House Bill No. 2543 and is now again pending before Congress. The Committee has also observed that, in June 2015, House Bill No. 2543 was substituted by House Bill No. 5886 but that this Bill differentiates between alien workers with a valid working permit and those without such a permit, and gives a more favourable treatment to the former. The Committee requests the Government to provide information on the constitution of the subcommittee to ensure adequate representation of domestic workers in social dialogue, pursuant to Rule IV(17) of the IRR. For the other issues raised on freedom of association, the Committee refers the Government to its comments under Convention No. 87.

Articles 3(2)(b) and (d), 8 and 15. Migrant domestic workers. The Committee notes the extensive information provided by the Government on legislation covering migrant domestic workers. In particular, it notes that the main legislation applicable to migrant domestic workers is the Migrant Workers and Overseas Filipinos Act of 1995 (No. 8042), as amended by Republic Act No. 10022, and the Household Service Workers Reform Package of the Philippines Overseas Employment Administration (POEA). The latter was promulgated in 2006 to ensure better protection of the rights of household service workers through various measures, including an age limit of 23 years of age for deployment, employment contract verification, a “no-placement fee” policy, a minimum wage of US$400, pre-departure orientation and a pre-education programme, and assistance and counselling provided in the host countries. The Committee further notes legislation to protect domestic workers, including migrant domestic workers, from abusive practices of private employment agencies, which apart from the legislation cited above, includes RA10361 and the IRR, the POEA Rules and Regulations Governing the Recruitment and Employment of Land-based Overseas Workers, and the DOLE Revised Rules and Regulations Governing Private Recruitment and Placement Agency for Local Employment. The Committee recalls that it has been raising a number of issues with regard to migrant domestic workers on the application of other ILO Conventions. In particular, in its 2013 comments on the application of the Forced Labour Convention, 1930 (No. 29), the Committee noted that a great proportion of the 2 million Filipinos working abroad were female domestic workers in Asia and the Middle East, who frequently experienced abuses including unpaid wages, food deprivation, forced confinement in the workplace, and physical and sexual abuse. Traffickers often presented themselves as recruiters and used fraudulent recruitment practices, hiring fees, use of violence, withholding of travel documents and salaries, psychological intimidation and other practices, to force their victims into work. The Committee also noted that, according to the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW), despite the Government’s efforts to protect the rights of Filipino migrant workers abroad, abuse and exploitation continued, especially of women migrants. Moreover, private recruitment agencies continued to overcharge fees for their services and acted as intermediaries for foreign recruiters, which may increase the vulnerability of migrants, as well as the significant number of Filipino workers abroad who are victims of trafficking. The Committee further referred to the conclusions of the Special Rapporteur on trafficking in persons, especially women and children, of 19 April 2013, according to which trafficking for domestic servitude of Filipino domestic workers was one of the most prevalent forms of cross-border trafficking. The vast majority of women and children were clandestinely “recruited” by illegal agents to work as domestic workers, mostly in the Middle East, where victims are locked in their employers’ homes, exploited and physically and/or sexually abused. In its 2012 comments on the application of Conventions Nos 97 and 143, the Committee noted that almost one third of the Filipino overseas workers in 2010 were deployed in domestic work, 98 per cent of them being female migrant workers. In 2010, 94,880 female migrant workers, compared to 1,703 male migrant workers, were employed as household service workers. Among others things, the Committee requested the Government to indicate the underlying reasons for the age restrictions on the departure of household service workers, as well as whether any such restrictions were imposed on sectors in which predominantly male migrants are being deployed.

The Committee notes the Government’s information on the procedures for filing and investigation of complaints concerning the activities of private employment agencies, including for illegal recruitment. It also notes the Government’s information that the DOLE Manual of Procedures in Handling Complaints on Trafficking in Persons, Illegal Recruitment and Child Labor also functions as a guide in organizing a coordinated strength among concerned agencies, which may positively lead to the efficacious identification and prosecution of the perpetrators. The Government also indicates that it pursues cooperation programmes with other member States to ensure the effective application of Convention No. 189, including through agreements at the bilateral, regional and global levels in matters concerning the prevention of forced labour and trafficking in persons. Referring to its comments under Convention No. 29, the Committee requests the Government to provide further information on the measures taken, at the national and international levels, to strengthen the mechanisms to eliminate all forms of forced or compulsory labour in relation to domestic workers, especially migrant domestic workers recruited through private employment agencies. It further requests the Government to provide practical information on the investigations of complaints, alleged abuses and fraudulent practices concerning the activities of private employment agencies in relation to domestic workers, including migrant domestic workers. With regard to the issue of age restriction for the departure of household service workers, the Committee refers the Government to its comments under Conventions Nos 97 and 143.

Article 4. Child domestic workers. Worst forms of child labour. The Committee notes that under section III(16) of RA10361 and Rule VI(1) of the IRR, the minimum age for employment of a child in domestic work is 15 years. It also notes that under section III(16) of RA10361 and Rule VI(2) of the IRR, children between 15 and 18 are not allowed to work more than eight hours a day and in no case beyond 40 hours a week; they shall not be allowed to work between 10 p.m. and 6 a.m. of the following day; and shall not be engaged in work which is hazardous or likely to be harmful to the health, safety or morals of the children. RA10361 and the IRR also protect the right of child domestic workers to finish basic education and to access to alternative learning systems and, as far as practicable, higher education or technical vocational training. In its 2013 comments on the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee noted the ITUC’s allegations that hundreds of thousands of children, mainly girls, worked as domestic workers in the Philippines and were subject to slavery-like practices. In this regard, the Committee refers the Government to its observation under Convention No. 182 and trusts that the Government will provide information on these issues in this framework.

Article 10. Equal treatment between domestic workers and workers generally on working time. Stand by. The Committee notes that under section IV(20) of RA10361 and Rule IV(5) of the IRR, domestic workers shall be entitled to an aggregate daily rest period of eight hours per day. The Government further indicates that for migrant domestic workers, the POEA Rules as prescribed in the employment contract, stipulate the same. The Committee notes that while “hours of work and appropriate additional payment” are among the terms to be included in the employment contract (section III(11)(e) of RA10361 and Rule II(5)(e) of the IRR), the applicable legislation does not appear to regulate normal hours of work and overtime compensation. It also notes that the provisions of the Labor Code on working time, which do not apply to domestic workers, provide for a daily limit of eight hours per day (section 83). Under section 87 of the Labor Code, work may be performed beyond eight hours a day provided that the employee is paid for the overtime work an additional compensation equivalent to their regular wage plus at least 25 per cent thereof. The Committee reminds the Government that under Article 10(1) of the Convention, each Member shall take measures towards ensuring equal treatment between domestic workers and workers generally in relation, inter alia, to normal hours of work and overtime compensation. The Committee requests the Government to provide information on how these principles are ensured in practice. The Committee notes that the applicable legislation does not appear to include provisions on stand by and the Government provides no information on this point. It also notes that, according to section 84 of the Labor Code, which does not apply to domestic workers, hours worked shall include: (a) all time during which an employee is required to be on duty or to be at a prescribed workplace; and (b) all time during which an employee is suffered or permitted to work. The Committee requests the Government to provide information on the regulation of stand by pursuant to Article 10(3) of the Convention, and taking into consideration Paragraph 9 of the Domestic Workers Recommendation, 2011 (No. 201).

Article 11. Minimum wage. The Committee notes that under section IV(24) of RA10361, and its IRR (Rule IV(2)), minimum wages for domestic workers shall not be less than 2,500 Philippine pesos (PHP) a month (approximately US$50) for those employed in the National Capital Region (NCR); PHP2,000 a month (approximately US$40) for those employed in chartered cities and first-class municipalities; and PHP1,500 a month (approximately US$30) for those employed in other municipalities. The Government indicates that wage differences are established without discrimination based on sex. The Committee further notes that pursuant to RA10361, policy guidelines on minimum wage fixing for domestic workers on the proceedings of the National Wages and Productivity Commission (NWPC) and the Regional Tripartite and Productivity Wage Boards (RTPWBs) were adopted (NWPC Guidelines No. 01 – Series of 2014, as amended by Resolution No. 02 – Series of 2014). It also notes that, pursuant to Rule VIII(4) of the IRR, an advisory of the NWPC on competency-based wages for domestic workers was issued in February 2015, which provides for the adjustment of wages of domestic workers based on learned/acquired competencies certified under the Technical Education and Skills Development Authority (TESDA) National Certificate. The Committee further notes that in August 2014, the Office provided comments and recommendations to the Government with regard to: (1) the policy guidelines on minimum wage fixing for domestic workers; (2) the competency-based pay scheme for domestic workers; and (3) the assessment of the effectiveness of the minimum wage policy. Observing that domestic workers receive the lowest minimum wage among employees in the private sector, the Committee requests the Government to provide information on any follow-up given to the recommendations of the Office on minimum wages for domestic workers, as well as to provide information on any assessment of the effectiveness of the competency-based pay scheme and on the number of domestic workers that have been granted wage increases pursuant to the application of this scheme.

Article 14. Social security. The Committee notes that, under Rule IV(9) of the IRR, a domestic worker who has rendered at least one month of service shall be covered by the Social Security System (SSS), the Employees Compensation Commission (ECC), the Philippine Health Insurance Corporation (PhilHealth), and the Home Development Mutual Fund (also known as the Pag–IBIG Fund), and shall be entitled to all the benefits in accordance with their respective policies, laws, rules and regulations. The Government indicates that benefits under the SSS include retirement benefits, disability benefits, sickness benefits, maternity benefits, loans, and death and funeral benefits. PhilHealth provides a unified benefit package which includes inpatient hospital care and outpatient care. Membership of the ECC entitles the domestic worker to the granting of an employee’s compensation benefits when they suffer from work-connected injury, sickness or death. The Government indicates that the number of kasambahay registered with the SSS reached a total of 116,500 (as of February 2014); a total of 23,071 (as of December 2013) registered with the Pag–IBIG Fund; and 41,235 registered with PhilHealth (as of September 2013). The Committee observes that, taking the number of domestic workers in the Philippines in 2013 as the baseline, that is nearly 2 million, only around 6 per cent of domestic workers are registered with the SSS, 2 per cent with PhilHealth and 1 per cent with the Pag–IBIG Fund. The Committee further notes that, according to information available at the Office, the social security system has not yet been revised to be suitable for part-time domestic workers with multiple employers. Therefore, even if the law does not exclude them, these workers are de facto excluded from the application of the law. The Committee requests the Government to provide information on the measures taken, in collaboration with the relevant stakeholders and social partners, to encourage registration of domestic workers with social protection programmes, and on results achieved in this regard. It further requests the Government to provide information on the measures taken to extend social security coverage to domestic workers working for multiple employers and on the consultations held with the concerned social partners in this regard (Article 14(2)).

Article 17(2) and (3). Complaint mechanisms. Inspection. The Government indicates that the Regional Director of the DOLE or his duly authorized representative shall have access to the private employment agencies’ records which include records of agreement/contract of hired and deployed domestic workers. For migrant domestic workers, the Rules and Regulations Governing the Recruitment and Employment of Land-based Overseas Workers shall apply and compliance of licensed recruitment agencies is monitored through inspection activities. The type of inspection conducted by the POEA includes: (a) regular inspection, (b) spot inspection, (c) salvo inspection, and (d) regional inspection. The Government further indicates that the DOLE is not allowed to inspect household premises, having due respect for privacy. However, the domestic worker is free to file labour-related complaints to any DOLE offices having jurisdiction to her/his area of work, and Rule XI of the IRR shall apply in settling/disposing of labour disputes. The Committee notes the Government’s information that as of June 2014, a total of 169 requests for assistance were filed by kasambahay at the National Conciliation and Mediation Board central office and in DOLE regional offices. Of this number, 108 cases were settled which regarded alleged termination, non-payment of salary and other benefits, medical/financial assistance claims, non-remittance of social security benefits, no rest day, physical violence and requests for the return of personal belongings. The Committee recalls that, by virtue of Article 17(2) of the Convention, each Member shall develop and implement, inter alia, measures for labour inspection, with due regard for the special characteristics of domestic work. In accordance with Article 17(3) in so far as compatible with national laws and regulations, such measures shall specify the conditions under which access to household premises may be granted, having due respect for privacy. Under Paragraph 19(b) of Recommendation No. 201, Members, in consultation with the most representative organizations of employers and workers and, where they exist, with organizations representative of domestic workers and those representative of employers of domestic workers, should take measures to provide an adequate and appropriate system of inspection and adequate penalties for violation of occupational safety and health laws and regulations. The Committee observes that the Convention’s provisions cited above consider the need to protect the privacy of the household while at the same time providing for a role for the labour inspectorate when it comes to ensuring compliance with laws regulating domestic work. It also notes in this regard that the notion of “measures for labour inspection” refers to the whole range of measures that labour inspectorates may take, including not only enforcement and inspection visits but also information and prevention. The Committee requests the Government to provide information on the measures envisaged to monitor compliance with the provisions of the Convention especially with regard to the working and living conditions, including occupational safety and health of domestic workers, that give effect to Article 17(2) and (3) of the Convention.