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

Protection of Wages Convention, 1949 (No. 95) - Philippines (Ratification: 1953)

The Committee notes the information supplied in the Government's report and at the Conference Committee (June 1990).

With reference to its previous comments, the Committee notes the information concerning the functions and composition of the National Wages and Productivity Commission and the Regional Tripartite Boards established pursuant to Act No. 6727 of 1988. The Committee also notes the information on the practical application of the Convention.

Article 2, paragraph 1, of the Convention. The Committee notes the explanations provided by the Government concerning the applicability of the provisions of the Labour Code and its implementing regulations to homeworkers (whose conditions of employment, including wages, are to be governed, in accordance with section 153 of the Labour Code, by appropriate regulations adopted by the Labour Secretary). The Government indicated that, in the past, the Ministry of Labour submitted to the National Congress a proposal to include the above workers, particularly those engaged in needlework, in the national regulations dealing with general welfare and protection. In its last report, the Government indicates that homeworkers, in view of their characteristics, are not covered by the provisions of Act No. 6727 of 1988.

The Committee recalls that the Labour Code contains provisions on homeworkers (sections 153-155), and on the regulation of payment of wages by results (section 101). These provisions specify that appropriate regulations shall be adopted by the Ministry of Labour. The Committee therefore requests once again the Government to indicate the measures that have been taken or that are envisaged to ensure that the regulations provided for in the above sections are adopted, and to state whether the proposal mentioned by the Government in its 1987 report, entitled "Inclusion of homeworkers, particularly those engaged in needlework in government regulations to ensure general welfare and protection" is still being examined by the National Congress and, if so, to inform it of the measures that have been taken or are envisaged to ensure the adoption of this proposal. In this connection, the Committee recalls that, whatever form the measures may take, homeworkers are covered by the Convention, and that the Government is therefore required to apply it to them.

Article 6. With reference to its previous comments, the Committee notes that the Government's initiatives concerning agreements with a number of countries, particularly Jordan and Iraq, designed to regulate the transfer of the wages of Filipino workers employed in these countries, have been suspended as a result of the situation prevailing in the region. The Committee takes note of these explanations. It recalls that under this Article of the Convention, workers must be able to dispose of their wages freely, and therefore asks the Government to continue to supply information on any negotiations that might be resumed with governments of countries where Filipino workers are employed.