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

Plantations Convention, 1958 (No. 110) - Philippines (Ratification: 1968)

With reference to its previous comments, the Committee takes note of the information supplied by the Government in its last report.

Article 11, paragraph 2, of the Convention. In reply to the comments made by the Committee, the Government refers to section 9, Chapter I, Book IV of the Rules and Regulations implementing the Labour Code. The Committee points out that these provisions do not determine the time or place of the medical examination, as required by the Convention. The Committee hopes that it will be possible for measures to be taken to bring the legislation into conformity with the Convention on this point and requests the Government to indicate any progress made in this respect.

Articles 12, 13 and 14. The Committee notes from the report that the Government is currently strengthening the Coast Guard and the Maritime Industry Authority to enable them to cope with inspectorate activities and to ensure the safety of passengers. The Committee considers that these measures are useful in ensuring observance of prescriptions issued for this purpose, but recalls that, under the Convention, specific provisions must be issued concerning: (a) the suitability of the vehicles or vessels used for the transport of workers; the provision of suitable accommodation for the night, where appropriate; arrangements for the daily journey, which take account of the length, duration and extent of the movements (Article 12); (b) the obligations of the employer or recruiter with regard to travel, protection and maintenance during the journey (Article 13); (c) the payment of the workers' repatriation expenses, in certain cases. The Committee hopes that measures will be taken to bring the legislation into conformity with these provisions of the Convention and asks the Government to indicate any progress made in this respect.

Article 15. The Committee hopes that specific measures will be taken to ensure the application of the provisions of Articles 12, 13 and 14 to the families of workers recruited, and the repatriation of the family in the event of the worker's death.

Article 16. The Committee again expresses the hope that the necessary measures will be taken in the near future to limit explicitly the amount that may be paid to recruited workers in respect of advances on wages and to regulate the conditions under which such advances may be made, in accordance with this Article of the Convention.

Article 19. The Committee requests the Government to provide with its next report extracts of collective agreements or any other documents making provision for medical services for the workers covered by this Article and for the members of their families.

Article 24, paragraphs 2 and 3. The Committee refers to its direct request under Convention No. 99.

Articles 41 and 42. The Committee takes note of the extracts from a collective agreement establishing the right to annual holiday with pay for the workers concerned. It would be grateful if the Government would indicate whether any measures have been taken or are envisaged to give effect to these Articles of the Convention.

Article 47, paragraph 2. The Committee refers to its previous comments in which it pointed out that section 133 of the Labour Code, subjecting the granting of maternity leave to a period of employment representing in all at least six months before the presumed date of confinement, was not in conformity with this provision of the Convention, which stipulates that this period must not exceed a total of 150 days. The Committee again expresses the hope that the necessary measures will be taken to bring the legislation into line with the Convention on this point.

Article 47, paragraphs 3 and 4. In its previous direct request, the Committee pointed out that section 133 of the Labour Code, which fixes the period of maternity leave to at least two weeks before the presumed date of confinement and to four further weeks following the date of the normal birth or the abortion, making six weeks in all, was not in conformity with the provisions of the Convention which envisages a minimum of 12 weeks, of which at least six shall be after confinement. The Committee notes from the last report that the proposal for longer maternity leave is still being examined by the national legislative body. It again expresses the hope that this examination will be completed in the near future and that the Government will be able to take the necessary measures to bring the legislation into conformity with the provisions of the Convention on these points. It also requests the Government to communicate extracts of collective agreements containing provisions on this matter.

Article 47, paragraphs 6 and 7. The Committee refers to its previous comments in which it pointed out that the provision of section 133(b) of the Labour Code, which provides that maternity leave shall be extended without remuneration in the event of illness arising out of pregnancy, confinement, abortion or miscarriage, which renders the woman unfit for work, unless she has accumulated leave from which the extension may be deducted, was not in conformity with the Convention which does not envisage such a restriction. The Committee hopes that measures will be taken in the near future to bring the legislation into conformity with the Convention on these points. It requests the Government to indicate any progress made in this respect.

Article 47, paragraph 8. The Committee requests the Government to indicate the measures taken or contemplated to ensure that effect is given to this provision of the Convention.

Article 48, paragraph 1. The Committee refers to its previous comments in which it: (a) recalled that, under the Convention, the benefits that may be received by a woman absent from her work for the reasons contained in the provisions of Article 47, constituted a right; (b) pointed out that the provisions of section 133(b) of the Labour Code, under which maternity leave is paid by the employer only for the first four confinements, were not in conformity with the Convention which does not envisage such a restriction.

The Committee again expresses the hope that the necessary measures will be taken to bring the legislation into conformity with the Convention on these points and requests the Government to indicate any progress made in this respect.

Article 48, paragraph 3. The Committee again requests the Government to provide information on the application of this provision of the Convention.

Article 49. The Committee again requests the Government to indicate the legislative provisions, regulations or collective agreements which give effect to this Article of the Convention and to provide the text thereof.

Parts IX and X. Right to organise and collective bargaining; Freedom of association. The Committee refers to its comments under Conventions Nos. 87 and 98 and hopes that the Government will take due account of them in giving effect to these Parts of the Convention.

Part XI. Labour inspection. The Committee again expresses the hope that the Government will take appropriate measures in the near future to give full effect to the provisions of this Part of the Convention, and in particular to Articles 73 and 74, paragraphs 1(b), 1(c) and 2, and to Articles 75 to 77 and 79 to 81. Please indicate any progress made in this respect.

Part XII. Housing (Articles 85-88). The Committee notes from the report that the law does not require employers to provide housing facilities for their employees but that such benefits may be agreed upon in a collective agreement. The Committee nevertheless requests the Government to indicate whether specific measures have been taken or are contemplated to encourage employers to make suitable housing facilities available for plantation workers. Please indicate also whether minimum standards and specifications have been established concerning such housing.