Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Equality of Treatment (Social Security) Convention, 1962 (No. 118) - Philippines (Ratification: 1994)

Article 3(3) of the Convention. Equality of treatment. The Committee takes due note of the adoption of the revised implementing rules and regulations of the National Health Insurance Act of 2013 and the Government’s reply to its previous comments indicating that new normative framework guarantees equality of treatment between national and foreign employees.

Reciprocity requirements. Section 15 of the Social Security Act of 1997 (Act No. 8282) provides that nationals of a foreign country which does not extend benefits to a Filipino beneficiary resident in the Philippines shall not be entitled to receive any benefit under this Act. The Government had previously reported that notwithstanding the foregoing, the Social Security Commission may direct payments without regard to nationality or country of residence where the best interest of the social security system will be served. In its 2016 report, the Government indicates that a new legislation was proposed for adoption by the Congress in order to rationalize and further strengthen the power, duties and accountabilities of the Social Security Commission, in terms of serving the best interest of the system and benefit entitlement of its members. Unfortunately, due to lack of time, the law could not be adopted and will be submitted to the next legislature. In the meantime, the Government indicates that it aims at pursuing the development of bilateral social security agreements with other countries. The Committee takes due note of this information. It recalls that Article 3(3) of the Convention only authorizes “retorsion measures” under the condition that the state of origin of the person concerned does not grant equal treatment with its own nationals to Filipino nationals in respect of a branch of social security which exists nationally. The Committee requests the Government to provide information on any legislative developments aimed at guaranteeing the principle of equality of treatment in accordance with the conditions authorized by the Convention. It also wishes to recall that, in accordance with Article 8 of the Convention, ratifying member States may give effect to its provisions by way of bilateral or multilateral agreements to be concluded in particular with the other countries party to Convention No. 118 with a view to creating an operative social security network guaranteeing effective protection to their citizens. The Committee notes that such agreements with Germany, Japan, Luxembourg, Portugal and Sweden are awaiting ratification and asks the Government to provide information on newly signed and ratified bilateral and multilateral social security agreements.