international labor conventions ratified by the philippines

8/11/2019 International Labor Conventions Ratified by the Philippines

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INTERNATIONAL LABOR CONVENTIONS RATIFIED BY THE PHILIPPINES

Convention Ratification

date Status

C17 Workmen's Compensation (Accidents) Convention, 1925

17:11:1960 ratified

C19 Equality of Treatment (Accident Compensation) Convention, 1925

26:04:1994 ratified

C23 Repatriation of Seamen Convention, 1926

17:11:1960 ratified

C29 Forced Labour Convention, 1930

15:07:2005 ratified

C53 Officers' Competency Certificates Convention, 1936

17:11:1960 ratified

C59 Minimum Age (Industry) Convention (Revised), 1937

17:11:1960 denounced on 04:06:1998

C77 Medical Examination of Young Persons (Industry) Convention, 1946

17:11:1960 ratified

C87 Freedom of Association and Protection of the Right to Organise Convention, 1948

29:12:1953 ratified

C88 Employment Service Convention, 1948

29:12:1953 ratified

C89 Night Work (Women) Convention (Revised), 1948

29:12:1953 ratified

C90 Night Work of Young Persons (Industry) Convention (Revised), 1948


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29:12:1953 ratified

C93 Wages, Hours of Work and Manning (Sea) Convention (Revised), 1949

29:12:1953 ratified

C94 Labour Clauses (Public Contracts) Convention, 1949

29:12:1953 ratified

C95 Protection of Wages Convention, 1949

29:12:1953 ratified

C98 Right to Organise and Collective Bargaining Convention, 1949

29:12:1953 ratified

C99 Minimum Wage Fixing Machinery (Agriculture) Convention, 1951

29:12:1953 ratified

C100 Equal Remuneration Convention, 1951

29:12:1953 ratified

C105 Abolition of Forced Labour Convention, 1957

17:11:1960 ratified

C110 Plantations Convention, 1958

10:10:1968 ratified

C111 Discrimination (Employment and Occupation) Convention, 1958

17:11:1960 ratified

C118 Equality of Treatment (Social Security) Convention, 1962

26:04:1994 ratified

C122 Employment Policy Convention, 1964

13:01:1976 ratified

C138 Minimum Age Convention, 1973

04:06:1998 ratified


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C141 Rural Workers' Organisations Convention, 1975

18:06:1979 ratified

C143 Migrant Workers (Supplementary Provisions) Convention, 1975

14:09:2006 ratified

C144 Tripartite Consultation (International Labour Standards) Convention, 1976

10:06:1991 ratified

C149 Nursing Personnel Convention, 1977

18:06:1979 ratified

C157 Maintenance of Social Security Rights Convention, 1982

26:04:1994 ratified

C159 Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983

23:08:1991 ratified

C165 Social Security (Seafarers) Convention (Revised), 1987

09:11:2004 ratified

C176 Safety and Health in Mines Convention, 1995

27:02:1998 ratified

C179 Recruitment and Placement of Seafarers Convention, 1996

13:03:1998 ratified

C182 Worst Forms of Child Labour Convention, 1999

LABOR CONVENTIONS PROPOSED FOR RATIFICATION BY THE PHILIPPINES

C014: Weekly Rest (Industry) Convention, 1921

C078: Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946

C081: Labour Inspection Convention, 1947

C096: Fee-Charging Employment Agencies Convention (Revised), 1949


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C102: Social Security (Minimum Standards) Convention, 1952

C106: Weekly Rest (Commerce and Offices) Convention, 1957

C115: Radiation Protection Convention, 1960

C120: Hygiene (Commerce and Offices) Convention, 1964

C121: Employment Injury Benefits Convention, 1964

C124: Medical Examination of Young Persons (Underground Work) Convention, 1965

C128: Invalidity, Old-Age and Survivors' Benefits Convention, 1967

C129: Labour Inspection (Agriculture) Convention, 1969

C130: Medical Care and Sickness Benefits Convention, 1969

C131: Minimum Wage Fixing Convention, 1970

C135: Workers' Representatives Convention, 1971

C139: Occupational Cancer Convention, 1974

C140: Paid Educational Leave Convention, 1974

C142: Human Resources Development Convention, 1975

C145: Continuity of Employment (Seafarers) Convention, 1976

C146: Seafarers' Annual Leave with Pay Convention, 1976

C147: Merchant Shipping (Minimum Standards) Convention, 1976

C148: Working Environment (Air Pollution, Noise and Vibration) Convention, 1977

C150: Labour Administration Convention, 1978

C151: Labour Relations (Public Service) Convention, 1978

C152: Occupational Safety and Health (Dock Work) Convention, 1979

C154: Collective Bargaining Convention, 1981

C155: Occupational Safety and Health Convention, 1981

C156: Workers with Family Responsibilities Convention, 1981

C160: Labour Statistics Convention, 1985


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C161: Occupational Health Services Convention, 1985

C162: Asbestos Convention, 1986

C163: Seafarers' Welfare Convention, 1987

C164: Health Protection and Medical Care (Seafarers) Convention, 1987

C166: Repatriation of Seafarers Convention (Revised), 1987

C167: Safety and Health in Construction Convention, 1988

C168: Employment Promotion and Protection against Unemployment Convention, 1988

C169: Indigenous and Tribal Peoples Convention, 1989

C170: Chemicals Convention, 1990

C171: Night Work Convention, 1990

C172: Working Conditions (Hotels and Restaurants) Convention, 1991

C173: Protection of Workers' Claims (Employer's Insolvency) Convention, 1992

C174: Prevention of Major Industrial Accidents Convention, 1993

C175: Part-Time Work Convention, 1994

C177: Home Work Convention, 1996

C178: Labour Inspection (Seafarers) Convention, 1996

C180: Seafarers' Hours of Work and the Manning of Ships Convention, 1996

C181: Private Employment Agencies Convention, 1997

C183: Maternity Protection Convention, 2000

C184: Safety and Health in Agriculture Convention, 2001

C185: Seafarers' Identity Documents Convention (Revised), 2003

MLC: Maritime Labour Convention, 2006

C187: Promotional Framework for Occupational Safety and Health Convention, 2006

P081: Protocol of 1995 to the Labour Inspection Convention, 1947

P089: Protocol to the Night Work (Women) Convention (Revised), 1948


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P110: Protocol to the Plantations Convention, 1958

P147: Protocol of 1996 to the Merchant Shipping (Minimum Standards) Convention, 1976

P155: Protocol of 2002 to the Occupational Safety and Health Convention, 1981

LABOR CONVENTIONS ALREADY RATIFIED BY THE PHILIPPINES

C029: Forced Labour Convention, 1930 (15.07.2005)

C077: Medical Examination of Young Persons (Industry) Convention, 1946 (17.11.1960)

C087: Freedom of Association and Protection of the Right to Organise Convention, 1948 (29.12.1953)

C094: Labour Clauses (Public Contracts) Convention, 1949 (29.12.1953)

C095: Protection of Wages Convention, 1949 (29.12.1953)

C098: Right to Organise and Collective Bargaining Convention, 1949 (29.12.1953)

C100: Equal Remuneration Convention, 1951 (29.12.1953)

C105: Abolition of Forced Labour Convention, 1957 (17.11.1960)

C110: Plantations Convention, 1958 (10.10.1968)

C111: Discrimination (Employment and Occupation) Convention, 1958 (17.11.1960)

C118: Equality of Treatment (Social Security Convention, 1962 (26.04.1994)

C122: Employment Policy Convention, 1964 (13.01.1976)

C138: Minimum Age Convention, 1973 (04.06.1998)

C141: Rural Workers' Organisations Convention, 1975 (18.06.1979)

C144: Tripartite Consultation (International Labour Standards) Convention, 1976 (10.06.1991)

C149: Nursing Personnel Convention, 1977 (18.06.1979)

C157: Maintenance of Social Security Rights Convention, 1982 (26.04.1994)

C159: Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (23.08.1991)

C165: Social Security (Seafarers) Convention (Revised), 1987 (09.11.2004)

C176: Safety and Health in Mines Convention, 1995 (27.02.1998)

C179: Recruitment and Placement of Seafarers Convention, 1996 (13.03.1998)


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C182: Worst Forms of Child Labour Convention, 1999 (28.11.2000)

Rights of Filipino Workers

INTRODUCTION

This paper discusses the rights of workers (public and private sectors). Specifically, it covers the

following topics:

1. The provisions of the 1987 Philippine Constitution on the rights of workers;

2. The provisions of the relevant International Conventions on the rights of workers;

3. The recent Philippine laws on the rights of workers; and

4. The official "social teaching or doctrine" (Magisterium) of the Catholic Church on the rights of

workers.


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1987 PHILIPPINE CONSTITUTION

Spread in various parts of the 1987 Philippine Constitution are specific pronouncements and mandates

on the protection and promotion of the rights of workers in the public and private sectors, to wit:

1. Under Sec. 18, Art. II of the Constitution, the State recognizes "labor as a primary social economic

force" and it endeavors to "protect the rights of workers and promote their welfare";

2. Under Sec. 8, Art. III of the Constitution the State recognizes the "right of (workers) xxx in the public

and private sectors to form unions";

3. Under Sec. 2, Art. XIII of the Constitution, the State pronounces "the promotion of social justice" as

one of its main goals;

4. The most specific labor-related provision of the Constitution is found in Sec.3, Art. XIII thereof, which

provides:


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a) That the State shall afford "full protection to labor, local and overseas, organized and unorganized";

b) That the State shall aim to "promote full employment";

c) That the "equality of employment opportunities for all" shall be respected;

d) That the State shall protect the "right of all workers to:

- self-organization,

- collective bargaining and negotiations, and

- peaceful concerted activities,

- including the right to strike, in accordance with law";


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e) That the right to "security of tenure" of workers shall be respected;

f) That the workers are entitled to "humane conditions of work";

g) That the workers are entitled to "a living wage";

h) That the workers shall be afforded the right to "participate in policy and decision-making processes

affecting their rights and benefits as may be provided by law";

i) That employers and workers must be guided by the precept of "shared responsibility";

j) That the State encourages the "preferential use of voluntary modes in settling disputes" (i.e.,

conciliation, mediation, and voluntary arbitration);

k) That the State has the power to "regulate the relations between workers and employers";


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l) That the State respects the "right of labor to its just share in the fruits of production"; and

m) That, balancing capital with labor, the State recognizes the "right of enterprises to reasonable returns

on investments, and to expansion and growth".

INTERNATIONAL CONVENTIONS

A. UNIVERSAL DECLARATION OF HUMAN RIGHTS

The 1948 Universal Declaration of Human Rights protects the following basic rights of workers:


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1. The "right to social security" (Art. 22);

2. The "right to work, to free choice of employment, to just and favorable conditions of work, and to

protection against unemployment" (Art. 23 [1]);

3. The "right to equal pay for equal work" (Art. 23 [2]);

4. The "right to just and favorable remuneration xxx worthy of human dignity, and supplemented xxx by

other means of social protection" (Art. 23 [3]);

5. The "right to rest and leisure xxx, reasonable limitation of working hours and periodic holidays with

pay" (Art. 24);

6. The "right to form and to join trade unions" (Art. 23 [4]); and

7. The "right to xxx medical care and xxx social services" and the "right to security in the event of

unemployment, sickness, disability, widowhood, (and) old age" (Art. 25).


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B. INTERNATIONAL CONVENTION ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

The 1966 International Convention on Economic, Social and Cultural Rights protects the following basic

rights of workers:

1. The right to "fair wages and equal remuneration for work of equal value" (Art. 7);

2. The right to "safe and healthy working conditions" (id.);

3. The right to "equal opportunity" for job promotion (id.);

4. The right to "rest, leisure and reasonable limitation of working hours and periodic holidays with pay"

(id.);

5. The right "to form xxx and join the trade unions of his choice" (Art. 8);


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6. The "right of trade unions to function freely" (id.);

7. The "right to strike" (id.); and

8. The "right xxx to social security (and) social insurance" (Art. 9).

C. INTERNATIONAL LABOR OFFICE (ILO) CONVENTIONS

The International Labor Office (ILO) has adopted the following conventions:


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1. ILO Convention No. 29 - on Forced Labor (cf. with ILO Convention No. 85, re: Abolition of Forced

Labor);

2. ILO Convention No. 87 - on the Right To Organize;

3. ILO Convention No. 98 - on Collective Bargaining;

4. ILO Convention No. 100 - on Equal Pay for Men and Women Workers;

5. ILO Convention No. 111 - on Employment Discrimination;

6. ILO Convention No. 122 - on Employment Policy of Member States.

This document exhorts all member-states to achieve one goal: that "there is work for all who are

available for and seeking work" (Art. 1).


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It also encourages tripartite consultations among the State, Labor, and Management (Capital) in the

formulation of employment policies of the State (Art. 3).

D. INTERNATIONAL CONVENTION ON CIVIL AND POLITICAL RIGHTS

The 1966 International Convention on Civil and Political Rights respects the "right (of workers) to form

and join trade unions" (Art. 22 [1]).

E. INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION

The 1966 International Convention on the Elimination of All Forms of Racial Discrimination protects the

following basic rights of workers:


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The fairly recent Philippine laws on the rights of workers are the following:

1. Republic Act No. 6715 - which introduced extensive amendments to Book V of the Philippine Labor

Code (Presidential Decree No. 442, as amended) re: unions, unfair labor practices, collective bargaining

agreements, strikes, registration of unions, etc.;

2. Republic Act No. 7641 - entitled "An Act Providing for Retirement Pay to Qualified Private Sector

Employees";

3. Republic Act No. 7656 - entitled "The Dual Tech Law";

4. Republic Act No. 7658 - entitled "The Anti-Child Labor Law".

This law amended Secs. 12 to 16, Article VII of Republic Act No. 7610, entitled "Special Protection of

Children Against Child Abuse, Exploitation and Discrimination".

R.A. No. 7658 criminalizes child labor with a penalty of imprisonment of three years or a fine of

P10,000.00 or both at the discretion of the court.

5. Republic Act No. 7700 - entitled "Further Rationalization of the Jurisdiction of the National Labor

Relations Commission (NLRC) Divisions";


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6. Republic Act No. 7730 - entitled "Strengthening the Visitorial and Enforcement Powers of the

Department of Labor and Employment (DOLE) Secretary".

It amended Art. 128 (b) of the Labor Code (P.D. No. 442, as amended) and strengthened the visitorial

powers of the Secretary of Labor in the enforcement of laws on labor standards.

7. Republic Act No. 7742 - amended P.D. No. 1752 (known as the "Pag-Ibig Fund Law"). It makes Pag-Ibig

Fund coverage compulsory for all workers earning at least P4,000.000 monthly;

8. Republic Act No. 7876 - entitled "Senior Citizens Center Act of the Philippines".

It defines a senior citizen as one who is at least 60 years old. It mandates the establishment of a senior

citizens center in each city or municipality which shall provide trainings and work opportunities, health

care services, and other related services to senior citizens;

9. Republic Act No. 7877 - entitled "Anti-Sexual Harassment Act".

It criminalizes "all forms of sexual harassment in the employment, education, or training environment"

with a penalty of six months imprisonment or a fine of P20,000.00 or both at the discretion of the court.


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10. Republic Act No. 7796 - entitled "The TESDA Law" promoting the technical education and skills

development program of the government;

11. Republic Act No. 8042 - entitled "The Migrant Workers and Overseas Filipinos Act of 1995".

It expands the definition of "illegal recruitment" (Sec. 6) and increases the maximum penalty therefor to

life imprisonment and a maximum fine of P1,000,000.00.

12. Republic Act No. 8282 - entitled "The Social Security Act of 1997".

It expands the coverage of the Social Security System (SSS) and it increases the penalty for violations of

thereof to 12 years imprisonment or a fine of P20,000.00 or both at the discretion of the court, without

prejudice to the felony of Estafa, where applicable, under Art. 315, et. seq. of the Revised Penal Code;

13. Republic Act. No. 8291 - entitled "The Revised Government Service Insurance Act of 1997".

It strengthens the old GSIS Act (P.D. No. 1146). It increases the penalty for violations of thereof to 12

years imprisonment or a fine of P20,000.00 or both at the discretion of the court, without prejudice to

the felony of Estafa, where applicable, under Art. 315, et. seq. of the Revised Penal Code;

14. Republic Act No. 8188 - amended Republic Act No. 6727 (entitled "Wage Rationalization Act").


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The new law increases the penalty for violations of R.A. 6727 to a maximum imprisonment of four years

or a maximum fine of P100,000.00 or both at the discretion of the court, without the benefit of

probation, plus payment of indemnity equivalent to double the unpaid wages and benefits of workers.

15. Republic Act No. 8187 - entitled "Paternity Leave Act of 1997".

It grants a seven-day paternity leave with pay to male workers (up to four children). It imposes a penalty

of six months imprisonment or a fine of P25,000.00 or both at the discretion of the court for violations

thereof.

ISSUES AFFECTING THE PUBLIC SECTOR WORKERS

As of June 1995, there were 409 registered public-sector unions representing 143,000 members, while

the total public-sector work force, as of December 1994, was 1,200,000. ("Philippine Human Rights

Plan", published by the Philippine Commission on Human Rights, Quezon City, 1995, p. 118).

The basic issues affecting the public-sector workers are the following:

1. The right to strike - In the case of SSS Employees Association vs. CA, et. al., GR 85279, July 8, 1989, the

Supreme Court, citing Civil Service Circular No. 6, S. 1987, and Executive Order No. 180 issued by former


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Pres. Corazon C. Aquino, held that public-sectors workers do not have the right to strike "in the absence

of any legislation allowing government employees to strike".

2. Management interference in union matters;

3. "Job evaluation standards" abuses by Management;

4. "Management prerogatives" abuses';

5. Civil Service Circular No. 4, S. 1981, which requires the degree of Master of Arts or Master of Science

as a condition for promotion to the rank of Division Chief in the civil service;

6. Executive Order No. 180, which allows the creation of a Labor-Management Council (LMC) in

government agencies, does not mandatorily provide for a union representative in such LMC;

7. Privatization of government-owned or controlled corporations - which diminishes or abrogates the

right to security of tenure of public-sector workers; and

8. Devolution under the Local Government Code of 1991 - which creates security of tenure problems

and results in delayed releases of wages and other benefits.

9. Civilian employees of the Philippine National Police (PNP) and the Armed Forces of the Philippines

(AFP) are prohibited from unionizing. ("Philippine Human Rights Plan", op. cit., p. 118-121).


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ISSUES AFFECTING THE PRIVATE SECTOR WORKERS

As of April 1995, of the total Philippine work force was 29,300,000, the unemployment rate was 11.9

percent and underemployment, 19 percent. This was aggravated by migration from the rural areas to

the cities. Only 14 percent of private-sector workers was organized. Private-sector workers comprised

92 percent of the total Philippine work force. ("Philippine Human Rights Plan", op. cit., p. 127).

The basic issues affecting private-sector work force are the following:

1. Labor standards, e.g. occupational safety and health;

2. Contract labor (labor contracting) and apprentice labor;

3. Global competition caused by the World Trade Organization (WTO) Agreement and the General

Agreement on Tariff and Trade (GATT);

4. Casualization of work, viz labor-only contracting, sub-contracting, and contract-agency hiring;

5. Child labor exploitation;


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6. Eighty-five (85) percent of the private-sector workers is unorganized;

7. Delayed disposition of labor cases;

8. Anti-union policies of some local government units which host export processing zones (EPZ) to

attract foreign and local investments;

9. Harassments and union-busting;

10. Article 245 of the Labor Code prohibits supervisory unions from affiliating with national federations

with whom the rank and file unions are also affiliated;

11. Policy Instruction No. 20 of the Department of Labor and Employment does not authorize project

workers to set up bargaining units at the enterprise level;

12. Proclamation No. 50, which created the Asset Privatization Trust (APT), allows the termination of theemployer-employee relationship upon the sale or disposition of the ownership or controlling interest of

the government in a corporation or asset held by the APT;

13. Article 263 of the Labor Code gives the Secretary of Labor a wide discretion in interpreting "national

interest" as to assume jurisdiction over labor disputes, thus barring all sorts of strikes;

14. Unfair labor practice (ULP) violations by Management, despite the law criminalizing ULP. ("Philippine

Human Rights Plan", op. cit., p. 128-129).


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THE SOCIAL TEACHING OF THE CATHOLIC CHURCH

ON THE RIGHTS OF WORKERS

In 1891, Pope Leo XIII issued the encyclical Rerum Novarum, which, for the first time, concretized the

Catholic Church's social teaching (magisterium) on the rights of workers and the regulation of the

relations between labor and capital. (cited by Pope Paul VI in his Address on the Occasion of the 75th

Anniversary of Rerum Novarum, Rome, 1966).

The early 20th century papal encyclicals on labor rights were:

1. "Social Reconstruction", by Pope Pius XI;

2. Various Social Messages, by Pope Pius XII;

3. "Mater et Magistra", by Pope John XXIII; and


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4. Various Vatican Council II Documents, c. 1960s.

(cited in Pope Paul VI's Address, supra).

Prominent among the Vatican II documents is Gaudium et spes (Pastoral Constitution on the Church in

the Modern World), infra.

In Pope Paul's address on the occasion of the 75th anniversary of Rerum Novarum, supra, he stressed

the following points:

1. The Church's social teaching on labor is based on "love and justice";

2. The Church takes "a position besides the defenseless" (cf. the social teaching on "preferential option

for the poor" enunciated by the Pastoral Council of the Philippines II (PCP II);


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In the Vatican Council II document Gaudium et spes, the Church emphasized the following teachings:

1. Human labor is "superior to the other elements of economic life, for the latter have only the nature of

tools" (No. 67);

2. It is the "duty of society xxx to help citizens to find sufficient employment" (id.);

3. Economic control must be democratized and wide sectoral consultation encouraged in the

formulation of "policy judgment" (No. 65);

4. The Church aims to promote "justice and equity" and it deplores "immense inequalities" and

"individual and social discrimination" in the world. (No. 66);

5. The Church believes that "the workers xxx should have a share xxx in determining (their economic and

social) conditions -- in person or thru freely elected delegates" (No. 68);


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6. The "right to work" is a human right and "the duty of working faithfully" balances that right (No. 67);

7. In settling labor disputes, preference must be given to "sincere dialogue". The "right to strike" is an

ultimate option. At every chance, the parties must "resume negotiation and discussion of reconciliation"

(No. 68);

8. The Church respects and promotes the "basic right xxx of freely founding unions xxx without risk of

reprisal" (No. 68);

9. Remuneration must be "such that man may be (able) to cultivate worthily his own material, social,

cultural, and spiritual life and that of his dependents" (No. 67);

10. On migrant workers, "all discrimination xxx must be avoided"; they must be treated "not as mere

tools of production"; they must be helped "to bring their families to live with them"; and they must be

"incorporated into the social life" of the host country (No. 66).


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CONCLUSION

The 1987 Constitution contains provisions which promote and protect the rights of workers. But labor

law violations continue.

To minimize the same requires tripartite vigilance.

Congress and the Executive must look into our rate of compliance with various international

conventions affecting rights of workers.

The present jurisprudence prohibiting public-sector workers from striking must be re-examined.

Congress needs to review E.O. No. 180 and CSC Circular No.6, s. 1987.


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The issues raised in the Philippine Human Rights Plan of 1995 must be given a more serious look by

Government, Management, and Labor in the spirit of tripartite consultation.

The social teaching of the Church on employer-employee relationship deserves deeper consideration by

all sectors of the Philippine society.