Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Philippines (Ratification: 1953)

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee regrets that the Government in its last report does not provide any new information in reply to the persistent calls of the Committee for action in order to ensure the implementation of the core requirement of the Convention. The Government admits that there are no provisions in the national legislation specifically requiring the inclusion of labour clauses in public contracts and makes renewed reference to the Labour Code, the Government Procurement Reform Act of 2003 and its implementing rules and regulations as sufficiently safeguarding the rights of workers engaged in the execution of public contracts. In this connection, the Committee refers to paragraphs 41–45, 98–104 and 110–113 of its General Survey of 2008 on labour clauses in public contracts in which it analysed the meaning and purpose of Article 2 of the Convention and explained why the general applicability of the national labour legislation to work done in the execution of public contracts is not sufficient to meet the requirements of the Convention. Under the circumstances, the Committee again urges the Government to take without delay all necessary action to give full effect to the Convention. It also recalls that the Office remains prepared to extend any technical assistance that the Government might wish to receive to this end.

For all useful purposes, the Committee attaches herewith a copy of a Practical Guide, prepared by the Office principally on the basis of the abovementioned General Survey, to help better understand the requirements of the Convention and ultimately improve its application in law.

[The Government is asked to reply in detail to the present comments in 2009.]