Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Philippines (Ratification: 1953)

The Committee takes note of the Government's reply to the points it raised in its previous direct request.

1. Regarding section 3(f) of Rule II, Book V, of the Labor Code, it notes the Government's affirmation that the requirement that union officers of unions operating in an establishment must be employed by the establishment is intended to maintain the integrity of an already established and duly registered labour organisation made up of employees of a particular establishment; according to the Government, this requirement does not restrict the workers' freedom to choose their leaders since the organisation in a given establishment would have been set up by the workers themselves for their own benefit. It points out that if such a union affiliates with another union or federation this requirement does not apply.

The Committee would nevertheless recall that this employment-in-the- enterprise requirement could deprive unions of the benefit of experienced outside officers, such as retired workers, as noted in paragraph 158 of the Committee's 1983 General Survey. The Committee accordingly would ask the Government to reconsider this provision so as to allow, for example, a reasonable proportion of the union's officers to come from outside the particular enterprise, or by admitting as candidates persons who have previously been employed in the occupation or enterprise concerned.

The Committee asks the Government to indicate in its future reports, the measures taken or contemplated in this regard.