Solicitud directa (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Filipinas

Convenio sobre igualdad de remuneración, 1951 (núm. 100) (Ratificación : 1953)
Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) (Ratificación : 1960)

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.