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

Convenio sobre el derecho de sindicación y de negociación colectiva, 1949 (núm. 98) - Filipinas (Ratificación : 1953)

The Committee notes the joint observations of the Alliance of Labor Association for Reform (ALARM), the Congress of Agricultural Industrial Labor Organization (CAILO), the Democratic Association of Labor Organization (DALO), the National Congress of Unions in the Sugar Industry of the Philippines (NACUSIP), the National Federation of Labor Unions-KMU (NAFLU-KMU), the National Federation of Sugar Workers (NFSW), the Philippine Agricultural, Commercial and Industrial Workers Unions (PACIWU) and the United Sugar Farmers Organization (USFO) received on 12 November 2024, alleging deprivation of the right to assist and represent their members in labour cases filed before the National Labour Relations Commission (NLRC), as well as the Government’s reply thereto, indicating that the parties clarified the matter and reached an understanding to settle the issue after discussions in March and November 2025. The Committee further notes the observations of the Center of United and Progressive Workers (SENTRO) received on 19 October 2023 and 3 September 2024, referring to matters examined by the Committee below, and the Government’s reply thereto. The Committee previously requested the Government to provide detailed information on the allegations raised by the International Trade Union Confederation (ITUC) in its 2018 observations, which concern alleged union-busting practices, blacklisting and anti-union dismissals and suspensions in three companies. The Committee requests the Government to provide its observations on the ITUC allegations and, should this not yet be the case, to take the necessary measures to address them without delay.

Article 4 of the Convention. Categories of workers covered by collective bargaining. In its previous comments, the Committee noted that, due to various legislative exclusions, certain categories of workers were not able to fully benefit from the right to collective bargaining (prison staff, fire service personnel, self-employed and temporary workers, outsourced or contract workers, non-resident workers, part-time workers, agricultural workers, domestic workers and migrant workers) and therefore expressed its expectation that the Government would take the necessary measures to ensure that all workers covered by the Convention can effectively benefit from the rights enshrined in the Convention. It also invited the Government to initiate a dialogue with the social partners to reflect on how to facilitate collective bargaining for various categories of self-employed workers and workers in non-standard forms of employment currently excluded from collective bargaining. The Committee notes the Government’s reiteration that the current collective bargaining framework is based on an employment relationship but that this does not prevent workers and their organizations not covered by an employer-employee relationship to collectively negotiate with appropriate parties or authorities. The Committee also observes that the 2024 Rules and Regulations Governing the Exercise of the Right of Government Employees to Organize (Rules and Regulations) retain the exclusion of certain categories of public servants from the right to collective bargaining (fire fighters, prison staff, contract of service workers, consultants and outsourced personnel – section 2). The Committee further notes the concerns expressed by SENTRO that non-regular employment arrangements, such as subcontracting, and their misuse, including in the public sector, constitute an important obstacle to collective bargaining and notes the Government’s reply that employees of contractors and subcontractors enjoy the right to bargain collectively (section 10 of Department of Labour and Employment (DOLE) Department Order No. 174, 2017). The Government further states that it remains open to dialogue with the social partners, with the technical assistance from the Office, to work towards developing viable models of collective bargaining in the informal economy, despite limited global practice in this respect. In view of the above and recalling from its previous comments that a number of legislative reforms addressing the right to organize of the above-mentioned categories of workers have been pending in Congress for many years, the Committee firmly expects the Government to take the necessary measures to ensure that all workers covered by the Convention can effectively benefit from its guarantees, including the right to collective bargaining. The Committee trusts that, with the technical assistance of the Office, the Government will engage in dialogue with the social partners to explore ways of operationalizing collective bargaining for self-employed workers and non-standard categories of workers, including those working in the informal economy. The Committee requests the Government to provide information on progress made in this regard.

Certification procedure for collective bargaining in unorganized establishments. The Committee notes the Government’s indication that, in May 2025, the Court of Appeals in Manila ruled that DOLE Department Order (D.O.) No 40-J, series of 2022, amending Rule VII of DOLE Department Order No. 40, series of 2003, that provides for the procedure for certification of the Sole and Exclusive Bargaining Agent (SEBA) in unorganized establishments (establishments without a certified bargaining agent) where there is only one existing legitimate labour organization, was ultra vires and invalid. The Government clarifies that the decision does not affect the workers’ right to organize and to bargain collectively under the Convention nor does it essentially modify the application of the Convention; instead, the legal consequences are limited to the mode to be applied in determining the exclusive bargaining agent in unorganized establishments with only one legitimate labour organization. This determination should be conducted through a certification election as mandated under article 269 of the Labor Code (as in establishments with more than one labour organization) and not through the certification procedure introduced by D.O. No. 40-J. Taking due note of the above, the Committee requests the Government to provide information on the practical impact of this modification on the determination of collective bargaining agents in unorganized establishments with only one labour organization.

Articles 4 and 6. Collective bargaining in the public sector. The Committee notes the Government’s indication that the 2024 Rules and Regulations include amendments on conciliation services, effectiveness of collective negotiation agreements and recognition of national employees’ organizations and incorporate the latest policies on the determination of the sole and exclusive negotiating agent, dispute resolution and automatic accreditation of the winner in a certification election. The Committee requests the Government to provide information on the impact of these amendments on the promotion and development of collective bargaining in the public sector.

Content of collective bargaining in the public sector. Public servants not engaged in the administration of the State. In its previous comments, the Committee recalled that under section 13 of Executive Order No. 180, only terms and conditions not otherwise fixed by law could be negotiated between public sector employees’ organizations and the government authorities and requested the Government to ensure that all workers covered by the Convention are able to negotiate their terms and conditions of employment, including with respect to wages, benefits and allowances and working time. The Committee notes the Government’s indication that Rule XIV(B), sections 6 and 8, of the 2024 Rules and Regulations maintains the policy of EO 180, which limits the negotiable matters to those that are not fixed by law and excludes compensation from the coverage of collective negotiation. The Government adds that: this limitation is anchored in national practice and jurisprudence; that section 7 allows for negotiation of additional subjects, such as access to records, work assignment, reassignment, transfer, distribution of workload and representation in different committees; and that the Government remains open to exploring alternative mechanisms to collective bargaining on compensation, in consultation with the social partners, that would advance the objectives of the Convention. The Committee recalls in this regard that while the special characteristics of the public service may require some flexibility in terms of collective bargaining, in view of the need for the state budget to be approved by parliament, public servants not engaged in the administration of the State should be able to negotiate collectively their wage conditions and mere consultations with the unions concerned are not sufficient to meet the requirements of the Convention. The Committee thereforerequests the Government to engage in consultations with the social partners concerned to explore ways that would allow all workers covered by the Convention, including public sector employees not engaged in the administration of the State, to negotiate their terms and conditions of employment, including with respect to wages, benefits, allowances and working time, and to take the necessary measures to that effect. The Committee invites the Government to avail itself of the technical assistance of the Office, if it so wishes, and requests it to provide information on any progress made.

Requirements for negotiation and adoption of collective bargaining agreements in the electricity sector. In its previous comment, the Committee noted that Memorandum No. 2014-003 seemed to expand the practice of collective bargaining in electric corporations beyond the parties by providing for the express involvement of a multi-sectoral consultative panel for review and negotiation of proposed collective agreements, as well as for the approval of collective agreements by the corporation’s general assembly of members. The Committee therefore requested the Government to consider reviewing the memorandum and its implementation to ensure that employees of electric corporations can fully exercise their rights under the Convention. The Committee notes the Government’s indication in this regard that: (i) electric cooperatives are considered as entities imbued with public interest, subject to regulation by the National Electrification Administration (NEA) so as to strengthen harmonious relationship, promote well-being of employees and the welfare of member-consumers; (ii) Memorandum No. 2014-003 was superseded by Memorandum No. 2023-052, which also requires the participation of the Multi-Sectoral Electrification Advisory Council (MSEAC) and/or the Member-Consumers-Owners Programme for Empowerment (MCOPE) representatives in the consultative panel for the review and negotiation of proposed provisions of a collective bargaining agreement; (iii) the MSEACs are composed of member-consumers from organizations representing the following sectors: agro-fishery, barangay councils, business, civic, education, local government, media, religious, youth and women, while MCOPEs, in addition to members of these sectors, are also composed by member-consumer-owners from labour, senior citizens and indigenous people; (iv) this process allows the parties to take into account social and economic policy considerations during collective bargaining and aims at ensuring the economic and financial viability of electric cooperatives; and (v) there is no prior approval of the authorities for a bargaining agreement to be valid.

The Committee further notes the observations of SENTRO in this regard that, instead of reviewing the implementation of the previous Memorandum No. 214-003, as requested by the Committee, the NEA reinforced its stance by issuing Memorandum No. 2023-052 and Legal Advisory No. 1, according to which: (i) the MSEAC and/or the MCOPE participate in the consultative panel for the review and negotiation of proposed agreements; (ii) wages, retirement benefits and all benefits pursuant to existing NEA Memoranda are not subject to negotiation; (iii) a draft collective bargaining agreement is submitted to the NEA for its evaluation and consideration prior to signing by the parties; (iv) an agreement shall be ratified by a majority of votes of the general membership assembly before implementation; and (v) benefits and incentives provided by collective bargaining agreements will be renounced if funds are not available. The Committee further notes the concerns raised by SENTRO that unions in four electric cooperatives negotiated collective agreements but were struggling to have them enforced for years under the Memorandum No. 214-003. While noting the Government’s reply that the established practice of involving a consultative panel does not stifle the right to collective bargaining, the Committee welcomes the Government’s reported engagement with the NEA to address the above concerns, in particular through dialogue between the NEA and POWER-SENTRO and a DOLE-NEA Memorandum of Agreement to conduct joint capacity-building on collective bargaining for management and union representatives, which started in September 2024. Observing that the applicable regulations contain considerable restrictions on the scope and content of collective bargaining in the electricity sector, and in view of the concerns raised by SENTRO in this regard, theCommittee requests the Government to pursue the dialogue between the NEA and the social partners to assess and address challenges to collective bargaining in the electricity sector, and to take any other necessary measures, with a view to encouraging and promoting voluntary and good faith collective bargaining, in line with the Convention.

Collective bargaining in practice. In its previous comments, the Committee requested the Government to continue to provide information on the number of collective agreements concluded and in force and, in view of the low collective bargaining coverage (1.4 per cent of workers according to ILOSTAT), to take all the necessary legal and practical measures to promote the full development and utilization of collective bargaining under the Convention. The Committee notes the information provided by the Government that: (i) as of June 2025, there are 1,278 collective bargaining agreements registered with the DOLE, covering more than 313,000 workers in the private sector; (ii) there are 23 collective bargaining agreements in electric cooperatives covering more than 2,600 workers; (iii) the number of existing agreements increased by 7.3 per cent compared to the previous year; and (iv) since registration of concluded agreements is not an obligation, there may be agreements other than those registered with the DOLE. Welcoming the increase in the number of collective agreements concluded but observing that the number of workers covered by these agreements seems to continue to be extremely low compared to the total size of the working population in the country, the Committee requests the Government to continue to take all the necessary legal and practical measures to promote the full development and utilization of collective bargaining under the Convention and to provide statistics in this regard.