Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Philippines (Ratification: 1960)

The Committee notes the Government’s reports.

Article 1 of the Convention. Protection against discrimination. Legislation. The Committee recalls its long-standing comments urging the Government to introduce the necessary legal measures to ensure that women are protected against discrimination in all aspects of employment, more particularly over the lack of legislative prohibition of discrimination against women in hiring. The Committee notes with regret that, according to the Government’s reports, Senate Bill No. 429 proposing to amend sections 135 and 137 of the Labour Code to prohibit discrimination based on sex in hiring and security of employment has not yet been adopted. It notes that the Bill was renumbered Senate Bill No. 829 (an Act Expanding the Prohibited Acts of Discrimination Against Women on Account of Sex, Amending for the Purpose Articles 135 and 137 of the Labour Code); it was referred to a committee on labour, employment and human resources development and has a counterpart in the House of Representatives, House Bill No. 675. The Committee urges the Government to take all of the necessary steps to see that Senate Bill No. 829 and House Bill No. 675 are adopted without delay, so as to ensure effective legal protection against discrimination based on sex in hiring and security of employment, in accordance with the Convention. It requests the Government to provide information on any developments in this respect.

Article 3(d). Application in the public sector. In reply to its previous comment, the Committee notes the Government’s indication that the principle of the Convention is applied, in practice, to the high-level positions exempted from the publication requirement of Republic Act No. 7041 through the 2017 Omnibus Rules on Appointment and other Human Resource Actions (CSC MC 24, s. 2017 and CSC resolution No. 1701009 dated 16 June 2017). Specifically, the Government refers to sections 83–103 of Rule IX which provide for the procedures and criteria applicable to appointments in government offices at all levels and state that: (1) there shall be no discrimination in the selection of employees on account of age, sex, sexual orientation and gender identity, civil status, disability, religion, ethnicity, or political affiliation (section 83); (2) the head of the agency shall, as far as practicable, ensure equal opportunity for men and women (section 89); and (3) the Selection Board shall maintain fairness and impartiality in the assessment of candidates for appointment (section 97). To this end, the Selection Board may employ the assistance of an independent collaborator and all government agencies must comply with these requirements or non-compliance shall be considered as a ground for invalidation of the appointment, as well as a ground for action against the official who caused the violation (section 103). The Committee requests the Government to identify the institution or authority responsible for supervising the application of the 2017 Omnibus Rules on Appointment and other Human Resource Actions with regard to the appointment of high-level positions exempted from the publication requirement in Republic Act No. 7041. The Government is asked to provide information on the number of non-compliance cases identified, the consequences of such cases (invalidation of appointment and/or action against the official responsible for the violation), indicating the ground of discrimination involved. Noting that no reply is provided on this point, the Committee also reiterates its request that the Government provide an illustrative sample of procedures and criteria provided for in the Merit Promotion Plans.

The Committee is raising other matters in a request addressed directly to the Government.