Plantations Convention, 1958 (No. 110) - Philippines (Ratification: 1968)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Part V (Annual holidays with pay), Articles 36–42 of the Convention. The Government reiterates information provided in its previous report, according to which certain categories of plantation workers are not covered by holiday pay and service incentive leave. These include field personnel and other employees whose time and performance is not supervised by the employer, including those engaged on a task or contract basis, a purely commission basis, or those paid a fixed amount for performing work regardless of hours worked. The Government indicates that, for other workers, it regularly issues labour advisories and media campaigns to remind employers to grant workers’ holiday pay and service incentive leave and conducts inspections to monitor compliance with these obligations. However, it does not provide information on measures taken or envisaged to ensure these benefits to employees whose performance is not supervised by the employer. The Committee recalls once again that the Convention requires all plantation workers – regardless of the manner in which their work is organized or supervised – to be granted annual holidays with pay after a period of continuous service with the same employer. The Committee therefore reiterates its request that the Government specify the measures taken or envisaged in order to give full effect to the requirements of this Part of the Convention for all categories of plantation workers. The Committee also requests the Government to provide more information on the categories of workers addressed by its labour advisories and media campaigns.

Part XI (Labour inspection), Articles 71–84. The Committee notes the statistical information provided by the Government indicating that, in 2017, the Government, through the Department of Labour and Employment (DOLE), conducted 361 inspections in enterprises in the agriculture, forestry and fishing sectors, which employed a total of 32,197 workers. According to the Government, the inspections showed that the most common violations of labour provisions included: (a) non-coverage of workers and non-payment of their social security contributions; (b) non-payment and underpayment of wages; (c) non-payment and underpayment of overtime pay; (d) non-payment of holiday pay, special pay and rest days for entitled workers; and (e) provision of service incentive leave for entitled workers. The Committee also notes that, on 18 October 2017, the Government issued Department Order No. 183, Series 2017, which revised the DOLE rules on the administration and enforcement of labour legislation. The Committee notes that prior to the enactment of Department Order No. 183, the DOLE implemented a developmental approach in conducting labour inspection, whereas the approach under the revised rules is now regulatory, with the objective of ensuring a higher level of labour law compliance. In this regard, the Committee notes that under Rule VI, section 1 of Department Order No. 183, the DOLE is now authorized to carry out surprise inspections and is no longer required to provide employers with prior written notice. In addition, the DOLE issued Administrative Order No. 164 encouraging the participation in inspection of members of legitimate labour organizations, legitimate workers’ associations, chartered locals, national unions and federations, accredited integrated professional organizations/accredited professional organizations, non-governmental organizations, and employers’ organizations. Rule III, section 4 of Department Order No. 183 provides that participation in inspections is subject to the requirements of Administrative Order No. 164. Noting the Government’s efforts to strengthen and improve the labour inspection system, the Committee requests the Government to provide updated statistical information on the number of inspections conducted specifically on plantations, the results of such inspections, as well as any sanctions imposed.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Part V (Annual holidays with pay), Articles 36–42 of the Convention. The Committee notes the Government’s indication that as of March 2013 there were 110 collective agreements in force covering more than 28,000 plantation workers. The Government adds that most of these agreements contain annual holiday with pay provisions in accordance with the law (i.e. five days of paid “incentive” leave after one year of service) while some provide for more favourable conditions. The Committee notes, however, that plantation workers who may not be covered by a collective agreement, are only entitled to annual paid leave if they work under the supervision of the employer whereas field personnel and other employees whose time and performance is unsupervised by the employer including those who are engaged on task or contract basis, purely commission basis or those who are paid a fixed amount for performing work irrespective of the time consumed, are not covered by such benefits. Recalling that the Convention requires all plantation workers – regardless the manner in which their work is organized or supervised – to be granted annual holidays with pay after a period of continuous service with the same employer, the Committee requests the Government to specify any measures taken or envisaged in order to give full effect to the requirements of this part of the Convention.

Part XI (Labour inspection), Articles 71–84. The Committee notes the Government’s explanations concerning the new labour laws’ compliance system introduced by the Department of Labor and Employment (DOLE) Order No. 131-13 of 2013 which consists of joint assessments by DOLE officials and representatives of employers and employees, compliance visits conducted by DOLE officials based on complaints and occupational safety and health standards inspections conducted by DOLE officials. The Government indicates that the new system is intended to shift the approach to enforcement of labour standards from a regulatory one to a developmental one and to promote a culture of voluntary compliance among establishments. The Committee requests the Government to provide in future reports detailed information, together with all available statistics, on the application of the new labour laws compliance system in practice, including for instance the number of inspection visits carried out in plantations, the number of workers covered by those inspection visits, the nature of infringements observed and the sanctions imposed.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Part I of the Convention (General provisions), Articles 1–4. The Committee recalls the Government’s earlier indications that the Labour Code was undergoing review and that a new chapter on rural workers and the informal sector would be inserted. The Committee requests the Government to provide information on any progress made in the process of the review of the Labour Code and to transmit copies of any new legislative texts once they have been adopted.

Part II (Engagement and recruitment and migrant workers), Articles 5–19. In the absence of the Government’s reply, the Committee reiterates its request for specific information on the laws or regulations giving effect to the requirements of Articles 11–19 of the Convention, in particular those concerning medical examination, suitable transport, welfare arrangement and repatriation.

Part IV (Wages), Articles 24–35. The Committee has been raising the question of exclusion of plantation workers from minimum wage coverage and enforcement measures with respect to reported abusive pay practices in sugar plantations. As the Government’s last report did not contain any concrete information on this point, the Committee again requests the Government to clarify how it is ensured in law and in practice that plantation workers, who are currently classified as informal sector workers, enjoy minimum wage protection as prescribed by this Part of the Convention. In addition, the Committee requests the Government to refer to the direct request addressed in 2009 concerning the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99).

Part V (Annual holidays with pay), Articles 36–42. The Committee notes that the Government’s report contains no new information on the implementation of the detailed provisions of the Convention regarding the plantation workers’ entitlement to annual paid leave. The Committee accordingly requests the Government to further elaborate on the manner in which annual holidays with pay are regulated for plantation workers (especially as regards the minimum duration, qualifying period of service and holiday remuneration), both for those who are covered by a collective bargaining agreement and those who are not. The Committee would appreciate receiving copies of relevant collective bargaining agreements.

Part VII (Maternity protection), Articles 46–50. The Committee recalls its previous comment in which it drew the Government’s attention to the need for legislative action in order to bring the national legislation into conformity with the requirements of this Part of the Convention, in particular with respect to the duration of maternity leave and the provision of cash and medical benefits. In the absence of any progress made in this regard, the Committee requests the Government to indicate the measures it intends to take in order to bring the national legislation into closer conformity with the Convention.

Parts IX and X (Right to organize and collective bargaining. Freedom of association), Articles 54–70. The Committee requests the Government to refer to the observations addressed in 2009 concerning the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Part XI (Labour inspection), Articles 71–84. The Committee once again requests the Government to provide up to date, detailed and documented information on labour inspection activities in the plantation sector, showing, for instance, the number of visits carried out, the nature of infringements observed, and the sanctions imposed. It also requests the Government to explain whether, and how, the Department Order No. 57-04 of 2004 concerning implementing guidelines on the Labour Standards Enforcement Framework (LSEF) has impacted on the enforcement of the national legislation in the plantation sector. In this connection, the Committee would appreciate receiving copies of the LSEF manuals and of the checklists for inspection, training and advisory visits, and self-assessment.

Part XII (Housing), Articles 85–88. The Committee notes that the Government’s report is silent on accommodation standards for plantation workers on which additional information has been requested for a number of years. Therefore, the Committee once more asks the Government to provide detailed particulars on housing and accommodation for plantation workers, namely: (i) measures taken to encourage employers to make suitable housing facilities available for plantation workers; (ii) prescribed minimum standards and specifications, if any, concerning housing facilities; and (iii) consultations with workers’ organizations with regard to matters connected with housing.

Part V of the report form. Application in practice. The Committee requests the Government to provide up to date information concerning the practical application of the Convention, including, for instance, the approximate number of workers and plantations to which the Convention applies, extracts from official reports on the social and economic conditions prevailing in the plantation sector, statistical information showing the relative weight of the plantation sector for the national economy in terms of employment or revenues, etc.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the detailed information provided by the Government in its report. It would appreciate receiving supplementary information on the following matters.

Part I (General provisions), Articles 1 to 4 of the Convention. Further to its previous comments concerning some long-debated legislative proposals to enhance the protection of agricultural workers, such as the adoption of a "Magna Carta for Rural Workers", the Committee notes that the Department of Labor and Employment is now favourable to the insertion of a specific chapter on rural workers and the informal sector in the Labour Code. The Government indicates that the Labour Code is presently undergoing review and will be the subject of further consultations with various tripartite partners. The Committee expresses the firm hope that the revision process of the Labour Code will be completed in the very near future and asks the Government to transmit the text of the new chapter on rural workers as soon as it is finalized.

Part II (Engagement and recruitment and migrant workers), Articles 5 to 19. While noting the Government’s reference to sections 25 to 35 of the Labour Code and to Department Order No. 12 of 2001 on Omnibus Guidelines for the Issuance of Employment Permits to Foreign Nationals, the Committee points out that these legislative provisions do not seem to sufficiently regulate matters such as advance medical examination, suitable transport, welfare arrangements and repatriation for plantation workers and migrant workers employed on a plantation. It therefore once again requests the Government to specify the laws and regulations or collective agreements giving effect to the requirements of Articles 11 to 19 of the Convention.

Part IV (Wages), Articles 24 to 35. The Committee takes due note of the Government’s explanations on the social amelioration programme in the sugar industry (Republic Act No. 6982 of 1991) which establishes a cash bonus fund for collecting compulsory contributions from sugar planters and millers and distributing them to sugar workers as a means of augmenting their income and improving their livelihood and well-being. The Committee is nonetheless concerned about the fact that according to the Government’s indications, plantation workers are classified as informal sector workers, falling outside the scope of the minimum wage provisions of the Labour Code while the various wage orders, policies and measures are conditionally applied to them subject to the terms and conditions provided for in collective agreements. It therefore asks the Government clarify how it is ensured in both law and practice that plantation workers enjoy minimum wage protection, especially as regards: (i) the principle of the binding force of the minimum wage; (ii) the protection of the minimum wage against abatement for whatever reason such as the non-fulfilment of production quotas; and (iii) procedural guarantees enabling the worker to recover outstanding sums and obtain compensation for underpaid wages. The Committee would be particularly interested in receiving the Government’s views on reported abusive practices of sub-minimum payment of wages in sugar plantations and any special enforcement measures which may have been taken in this regard.

Part V (Annual holidays with pay), Articles 36 to 42. With reference to the statistical information provided by the Government concerning the number of collective bargaining agreements and the number of workers covered by these agreements in the plantation sector, the Committee notes that this information offers little explanation as to how each of the Articles of this Part of the Convention is being implemented in practice. It therefore requests the Government to supply more detailed information, including copies of relevant collective agreements, on the manner in which annual holidays with pay are regulated for plantation workers, especially as regards the duration, qualifying period of service, remuneration, etc. Moreover, the Committee asks the Government to specify whether plantation workers to whom no collective bargaining agreement applies, or plantation workers who are covered by an agreement containing no provision on annual holidays, are entitled to annual paid leave, and if so, under what conditions.

Part VII (Maternity protection), Articles 46 to 50. The Committee recalls its previous comments in which it noted that the maternity protection enjoyed by female plantation workers falls short of the minimum standards provided for in the Convention, especially as regards the duration of maternity leave and the provision of cash and medical benefits throughout the period of maternity leave for all women concerned irrespective of the number of previous childbirths. The Committee regrets that the Government has still to take the necessary measures in order to bring the national legislation into conformity with the requirements of the Convention and expresses the hope that the Government will look into this matter without further delay. In addition, the Committee asks the Government to transmit copies of relevant collective agreements containing provisions in respect of maternity benefits and also to specify the approximate number of female plantation workers covered by similar instruments.

Parts IX and X (Right to organize and collective bargaining; Freedom of association), Articles 54 to 70. The Committee refers to the observations made under Conventions Nos. 87 and 98.

Part XI (Labour inspection), Articles 71 to 84. Further to its previous comments, the Committee notes the Government’s reference to Department Order No. 57-04 of 2004 Implementing Guidelines on the Labour Standards Enforcement Framework which aims at building a culture of voluntary compliance with labour standards by all establishments and workplaces and expanding the reach of the Department of Labour and Employment through inspection, training and advisory services. The Committee requests the Government to supply detailed information on any concrete measures taken or envisaged following the adoption of the above Order in order to give effect to each of the Articles of this Part of the Convention, in particular to Articles 73, 75 to 77, 79 to 81 and 84. It also requests the Government to supply a copy of the Labor Inspection Manual, referred to in section 5(b) of the Order, as soon as it is issued. Finally, the Committee renews its request for specific information on inspection activities in the plantation sector, showing for instance the number of visits carried out, the nature of infringements observed, and the sanctions imposed.

Part XII (Housing), Articles 85 to 88. The Committee has been asking the Government for several years to clarify where law and practice stand in respect of housing accommodation for plantation workers. In the absence of a government response, the Committee is obliged to reiterate its request for specific information on the following: (i) measures taken to encourage employers to make suitable housing facilities available for plantation workers; (ii) prescribed minimum standards and specifications, if any, concerning housing facilities; and (iii) consultations with workers’ organizations in regard to matters connected with housing.

Part IV of the report form. The Committee once again requests the Government to provide all available information on the practical application of the Convention, including data on the number of workers and agricultural undertakings to which the Convention applies, extracts from official reports on the socio-economic conditions prevailing in the plantation sector, statistical information showing the relative weight of the plantation sector for the national economy in terms or employment or revenues, etc.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes due note of the Government’s detailed report and wishes to draw attention to the following points.

Part I (General provisions), Article 3, paragraph 1, of the Convention. The Committee recalls that the Government has been reporting for the last ten years that consideration is being given to two legislative proposals, one providing for the adoption of a "Magna Carta for Rural Workers" and the other providing for the inclusion in the Labour Code of a specific chapter on plantation workers, with a view to giving effect to the various provisions of the Convention. The Committee regrets that the Government is still not in a position to report any concrete progress on this matter other than stating that the proposed "Magna Carta for Rural Workers" is yet to be re-filed with the National Congress or that the Bill concerning the new chapter of the Labour Code on plantation workers is proposed to be included in the Presidential Legislative Agenda. The Committee expresses the hope that the Government will make an effort to accelerate the enactment of these two legislative texts in the interest of enhancing protection for plantation workers in accordance with the provisions of the Convention.

Part II (Engagement and recruitment of migrant workers), Articles 5 to 19. The Committee notes that the Government’s report does not reply to previous comments concerning the conditions of recruitment of plantation workers, including migrant workers, especially with respect to advance medical examination, suitable transport to the place of employment, welfare arrangements and repatriation. The Committee accordingly asks the Government to provide with its next report detailed information on the measures taken in law or practice in order to ensure the application of this part of the Convention with respect to plantation workers and the members of their families. It also renews its request for copies of any collective bargaining agreements making provision for medical services for migrant plantation workers, as required under Article 19 of the Convention, and further wishes to receive statistical information, if available, concerning the number of migrant workers employed in plantations.

Part IV (Wages), Article 24, paragraph 3, and Article 25, paragraphs 1 and 2. The Committee notes that various sources of information seem to suggest that the prescribed minimum wage rates are not effectively applied in most sugar plantations and, as a result, plantation workers experience growing impoverishment and malnutrition in certain cases. The Committee asks the Government to communicate all relevant information on the extent of the problem and the measures taken to ensure the proper enforcement of the statutory minimum wage in the plantation sector.

Part V (Annual holidays with pay), Articles 36 to 42. The Committee asks the Government to furnish additional information on this point stating how effect is given in plantations to each of the Articles of this part of the Convention. Noting the Government’s earlier statement that these matters are usually dealt with in collective agreements, the Committee requests the Government to provide copies of such agreements and to specify the percentage of plantation workers covered by those instruments.

Part VII (Maternity protection), Articles 46 to 50. The Committee has been commenting for some time on the statutory duration of maternity leave which is not consistent with the minimum period of 12 weeks provided for in Article 47, paragraphs 3 and 4, of the Convention. The Committee has also been raising the question of maternity benefits which are paid only for the first four deliveries whereas Article 48 of the Convention provides for no such restriction. The Committee notes with concern that no progress is made in this respect, as shown for instance by the Sugar Amelioration Act of 1991, section 10(c), of which provides that maternity benefits for women sugar workers are payable for the first four deliveries. It urges therefore the Government to adopt all necessary measures to bring the national legislation and practice into conformity with the provisions of both Conventions which require a period of maternity leave of at least 12 weeks, including a period of compulsory leave after confinement of at least six weeks, and the provision of cash and medical benefits throughout the period of maternity leave for all women irrespective of the number of their children. Finally, recalling the Government’s earlier statement that in most cases the period of compulsory maternity leave extends to 12 weeks through collective agreements, the Committee asks the Government to communicate extracts of collective agreements containing provisions to this effect and to specify the approximate number of female workers covered by similar instruments.

Parts IX and X (Right to organize and collective bargaining; Freedom of association), Articles 54 to 70. The Committee refers to the observation and the direct request addressed to the Government in 2003 concerning Convention No. 87, and also to the pending comments made in 2001 and 2002 under Conventions Nos. 98 and 141 respectively.

Part XI (Labour inspection), Articles 71 to 84. Further to its previous comments, the Committee considers that the Labour Code gives only partial effect to the provisions of the Convention concerning the organization, powers and facilities of the labour inspection services. The Committee recalls that the rural workers development authority, which is expected to be established under the proposed enactment for the inclusion in the Labour Code of a specific chapter on plantation workers, should in principle take the necessary measures to give full effect to the provisions of this part of the Convention. Noting however that the Government does not seem to be prepared to adopt this legislative proposal soon, the Committee requests the Government to indicate the measures it intends to take in the very near future to render more effective the system of labour inspection in the plantation sector. It also asks the Government to supply up-to-date information on the manner in which labour inspection operates in practice, including for instance reports from inspection officers showing the number of inspection visits, the nature of infringements observed (with particular emphasis on wages and the employment of children and young persons), and the sanctions imposed.

Part XII (Housing), Articles 85 to 88. In the absence of any concrete information supplied by the Government in recent years on this point, the Committee requests the Government once again to indicate: (i) the specific measures taken or contemplated to encourage employers to make suitable housing facilities available for plantation workers; (ii) whether minimum standards and specifications have been established concerning such housing; and (iii) whether representatives of workers’ organizations have been consulted in regard to matters connected with housing.

Part XIII (Medical care), Articles 89 to 91. While noting the provisions of the National Health Insurance Act of 1995, to which the Government refers in its report, the Committee requests the Government to provide additional information and to transmit the text of all rules and regulations in force regarding the safety and health protection of agricultural or plantation workers.

Part IV of the report form. The Committee requests the Government to provide all available information on the practical application of the Convention, including data on the number of workers and agricultural undertakings to which the Convention applies, extracts from official reports on the socio-economic conditions prevailing in the plantation sector (e.g. the survey on the working and living conditions of sugar plantation workers in Negros and Panay islands undertaken in 2002 by the Bureau of Rural Workers of the Department of Labour and Employment), and any other particulars which would enable the Committee to better evaluate the Government’s efforts for the amelioration of the working and living conditions of plantation workers. The Committee would also be interested in receiving statistical information showing the relative weight of the plantation sector for the national economy, for instance the percentage of the total workforce employed in plantation agriculture, the foreign trade volume and revenue represented by exports of plantation products, etc.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information of the Government that both the "Magna Carta for Rural Workers" and the Bill providing for the inclusion in the Labour Code of a specific chapter on plantation workers are still in the Labour Committee of the House of Representatives. The Committee hopes that the above legal instruments will soon be enacted in order to give effect to the provisions of the Convention, in particular to Articles 11, paragraph 2 (Medical Examination), 12 (Transport), 13 (Expenses), 14 and 15 (Repatriation), 16 (Advances of Wages); Part VII (Maternity Protection -- Articles 47, paragraphs 2, 3, 4, 6, 7 and 8, and 48, paragraphs 1 and 3); and Part XII (Housing: Articles 85 to 88) of the Convention. It also requests the Government to report on any progress achieved in this respect and to supply copies of the relevant legal texts when adopted.

Article 19. Further to its previous comments the Committee requests once more the Government to communicate copies of extracts of collective agreements or of any other documents making provision for medical services for workers covered by this provision and of the members of their families.

Article 24, paragraphs 2 and 3. The Committee refers to its comments of 1998 under Convention No. 99.

Article 49. The Committee had noted in its previous comments that the attachment referred to in the Government's report received in 1992 had not been received. It had requested the Government to communicate the legislative provisions, regulations or collective agreements which give effect to this Article of the Convention, and to provide the text thereof. The Committee observes that the last report of the Government does not reply to this demand. The Committee therefore requests the Government to supply the information on the above legal texts and to communicate copies of the relevant texts.

Parts IX and X. Right to organize and collective bargaining; freedom of association. The Committee refers to its comments of 1998 under Convention No. 87.

Part XI. Labour inspection. The Committee refers to its previous comments and hopes that the Rural Workers Development Authority will be established after enactment of the Bill providing for the inclusion in the Labour Code of a specific chapter on plantation workers, to give effect to the provisions of this Part of the Convention, in particular to Articles 73 and 74, paragraphs 1(b), 1(c) and 2, and to Articles 75 to 77 and 79 to 81. It requests the Government to report on any progress achieved in this respect.

Finally, the Committee takes note that the Government may consider denouncing the Convention. The Committee asks the Government to study this question, and to carry out exhaustive consultations with the employers' and workers' organizations concerned.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 11, paragraph 2, of the Convention. The Committee notes the Government's statement that two legislative proposals are currently being studied by the Technical Committee on Legislative Matters (TCLM) of the Department of Labor and Employment. The first of these proposes to include in the legislation the provisions of the Convention by means of the inclusion in the Labor Code of a specific chapter on plantation workers. The other calls for the adoption of a "Magna Carta for Rural Workers" with the establishment of an authority responsible for the development of rural workers. The Committee hopes that the Government will take the opportunity of these proposals to bring the law into conformity with the Convention with regard to the determination of the time and place of the medical examination. It requests the Government to keep it informed of the status of the proposals and of any progress achieved in this respect.

Articles 12, 13 and 14. In its previous comments, the Committee recalled that under the terms of the Convention specific provisions must be issued concerning: (a) the suitability of the vehicles or vessels used for the transport of workers; the provision of suitable accommodation for the night, where appropriate; arrangements for the daily journey, which take account of the length, duration and extent of the movements (Article 12); (b) the obligations of the employer or recruiter with regard to the expenses of travel, protection and maintenance during the journey (Article 13); (c) the payment of the workers' repatriation expenses, in certain cases. The Committee notes, from the Government's report, that measures to modernize the Navy, to which the Coast Guard is attached, and to expand the Maritime Industry Authority, cannot be carried out effectively due to lack of funds. The Committee hopes that the Government will provide information in future reports on any progress concerning the measures which have been taken to bring the legislation into conformity with the provisions of the Convention.

Article 15. The Committee would be grateful if the Government would provide detailed information on the effect given to the legislative proposals which, as noted above, are being studied, with regard to the measures taken to ensure the application of the provisions of Articles 12, 13 and 14 to the families of workers recruited, and the repatriation of the family in the event of the worker's death.

Article 16. With reference to its previous comments, the Committee notes that, according to the Government's report, no measure has been taken in this respect. It draws the Government's attention to the terms of this Article concerning the obligations of the competent authority and once again hopes that the necessary measures will be taken in the near future to limit explicitly the amount that may be paid to recruited workers in respect of advances on wages and to regulate the conditions under which such advances may be made, in accordance with this Article of the Convention.

Article 19. The Committee notes, from the Government's report, that there are no copies available of collective agreements or of any other documents making provision for medical services for workers and the members of their families. The Committee once again hopes that the Government will supply with its next report extracts of collective agreements or any other documents making provision for medical services for the workers covered by this Article and for the members of their families.

Article 24, paragraphs 2 and 3. The Committee refers to its comments under Convention No. 99.

Article 47, paragraph 2. In its previous comments, the Committee pointed out that section 133 of the Labor Code, subjecting the granting of maternity leave to a period of employment representing in all at least six months before the presumed date of confinement, was not in conformity with this provision of the Convention, which stipulates that this period must not exceed a total of 150 days. The Committee notes the Government's statement that this matter is covered by the legislative proposal which is under study with a view to incorporating the provisions of the Convention into the legislation. The Committee hopes that the Government will take the appropriate measures in this respect so that no uncertainty can persist in this matter and it requests the Government to report any progress achieved in this respect.

Article 47, paragraphs 3 and 4. In its previous comments, the Committee pointed out that section 133 of the Labor Code, which fixes the period of maternity leave to at least two weeks before the presumed date of confinement and to four further weeks following the date of the normal birth or the abortion, making six weeks in all, was not in conformity with the provisions of the Convention, which envisages a minimum of 12 weeks, of which at least six shall be after confinement. The Committee notes the Government's statement that this matter is covered by the legislative proposal which is under study, the objective of which is to incorporate into the law the provisions of the Convention. The Committee hopes that the Government will make use of this opportunity to take the necessary measures to bring the legislation into conformity with the provisions of the Convention. It also requests the Government to supply extracts of collective agreements containing provisions on this matter.

Article 47, paragraphs 6 and 7. In its previous comments, the Committee pointed out that the provision of section 133(b) of the Labor Code, which provides that maternity leave shall be extended without remuneration in the event of illness arising out of pregnancy, confinement, abortion or miscarriage, which renders the woman unfit for work, unless she has not accumulated leave from which the extension may be deducted, was not in conformity with the Convention, which does not envisage such a restriction. The Committee notes the Government's statement that this point is covered by the legislative proposal which is under study and aims to incorporate the provisions of the Convention into the legislation. The Committee requests the Government to supply information in its next report on any progress achieved with a view to bringing the legislation into conformity with the Convention on this point.

Article 47, paragraph 8. Further to its previous comments, the Committee notes the Government's statement that this matter is covered by a proposal to incorporate the provisions of the Convention on this subject into the legislation. The Committee hopes that the Government will take the opportunity to ensure that the legislation is in conformity with the Convention and will supply information on any progress achieved in this respect.

Article 48, paragraph 1. The Committee refers to its previous comments in which it: (a) recalled that, under the Convention, the benefits that may be received by a woman absent from her work for the reasons contained in the provisions of Article 47 constituted a right; (b) pointed out that the provisions of section 133(b) of the Labor Code, under which maternity leave is paid by the employer only for the first four confinements, were not in conformity with the Convention, which does not envisage such a restriction. The Committee notes the Government's statement that this matter is covered by a legislative proposal which is currently under study with a view to incorporating the provisions of the Convention on this point into the legislation. The Committee requests the Government to supply information on the outcome of the examination of the above proposal in this respect and to supply a copy of any text which is adopted.

Article 48, paragraph 3. With reference to its previous comments, the Committee notes from the Government's report the efforts which have been made to adopt appropriate legislation in this respect. The Committee requests the Government to take the necessary measures to incorporate the provisions of the Convention into the law and to supply detailed information on any progress achieved in this respect.

Article 49. The Committee notes that the attachment referred to in the Government's report has not been received. The Committee therefore hopes that the Government will indicate the legislative provisions, regulations or collective agreements which give effect to this Article of the Convention and provide the text thereof.

Parts IX and X. Right to organize and collective bargaining; Freedom of Association. The Committee refers in this regard to its comments under Convention No. 87.

Part XI. Labour inspection. The Committee refers to its previous comments and notes, from the Government's report, that this matter is covered by the legislative proposal to establish a Rural Workers Development Authority. The Committee hopes that through the above Authority, the Government will take the relevant measures to give full effect to the provisions of this Part of the Convention, and in particular to Articles 73 and 74, paragraphs 1(b), 1(c) and 2, and to Articles 75 to 77 and 79 to 81. It requests the Government to report any progress achieved in this respect.

Part XII. Housing (Articles 85 to 88). In its previous comments, the Committee noted that the law does not require employers to provide housing facilities for their employees, but that such benefits may be agreed upon in a collective agreement. However, the Committee requests the Government to indicate whether specific measures have been taken or are contemplated to encourage employers to make suitable housing facilities available for plantation workers. The Committee notes the Government's statement that this matter is covered by the legislative proposal which is under study and aims to incorporate the provisions of the Convention into law. The Committee requests the Government to indicate whether specific measures have been taken or are envisaged to encourage employers to make suitable housing facilities available to plantation workers. It once again requests the Government to indicate whether minimum standards and specifications have been established concerning such housing.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 11, paragraph 2, of the Convention. The Committee notes the Government's statement that two legislative proposals are currently being studied by the Technical Committee on Legislative Matters (TCLM) of the Department of Labor and Employment. The first of these proposes to include in the legislation the provisions of the Convention by means of the inclusion in the Labor Code of a specific chapter on plantation workers. The other calls for the adoption of a "Magna Carta for Rural Workers" with the establishment of an authority responsible for the development of rural workers. The Committee hopes that the Government will take the opportunity of these proposals to bring the law into conformity with the Convention with regard to the determination of the time and place of the medical examination. It requests the Government to keep it informed of the status of the proposals and of any progress achieved in this respect.

Articles 12, 13 and 14. In its previous comments, the Committee recalled that under the terms of the Convention specific provisions must be issued concerning: (a) the suitability of the vehicles or vessels used for the transport of workers; the provision of suitable accommodation for the night, where appropriate; arrangements for the daily journey, which take account of the length, duration and extent of the movements (Article 12); (b) the obligations of the employer or recruiter with regard to the expenses of travel, protection and maintenance during the journey (Article 13); (c) the payment of the workers' repatriation expenses, in certain cases. The Committee notes, from the Government's report, that measures to modernize the Navy, to which the Coast Guard is attached, and to expand the Maritime Industry Authority, cannot be carried out effectively due to lack of funds. The Committee hopes that the Government will provide information in future reports on any progress concerning the measures which have been taken to bring the legislation into conformity with the provisions of the Convention.

Article 15. The Committee would be grateful if the Government would provide detailed information on the effect given to the legislative proposals which, as noted above, are being studied, with regard to the measures taken to ensure the application of the provisions of Articles 12, 13 and 14 to the families of workers recruited, and the repatriation of the family in the event of the worker's death.

Article 16. With reference to its previous comments, the Committee notes that, according to the Government's report, no measure has been taken in this respect. It draws the Government's attention to the terms of this Article concerning the obligations of the competent authority and once again hopes that the necessary measures will be taken in the near future to limit explicitly the amount that may be paid to recruited workers in respect of advances on wages and to regulate the conditions under which such advances may be made, in accordance with this Article of the Convention.

Article 19. The Committee notes, from the Government's report, that there are no copies available of collective agreements or of any other documents making provision for medical services for workers and the members of their families. The Committee once again hopes that the Government will supply with its next report extracts of collective agreements or any other documents making provision for medical services for the workers covered by this Article and for the members of their families.

Article 24, paragraphs 2 and 3. The Committee refers to its comments under Convention No. 99.

Article 47, paragraph 2. In its previous comments, the Committee pointed out that section 133 of the Labor Code, subjecting the granting of maternity leave to a period of employment representing in all at least six months before the presumed date of confinement, was not in conformity with this provision of the Convention, which stipulates that this period must not exceed a total of 150 days. The Committee notes the Government's statement that this matter is covered by the legislative proposal which is under study with a view to incorporating the provisions of the Convention into the legislation. The Committee hopes that the Government will take the appropriate measures in this respect so that no uncertainty can persist in this matter and it requests the Government to report any progress achieved in this respect.

Article 47, paragraphs 3 and 4. In its previous comments, the Committee pointed out that section 133 of the Labor Code, which fixes the period of maternity leave to at least two weeks before the presumed date of confinement and to four further weeks following the date of the normal birth or the abortion, making six weeks in all, was not in conformity with the provisions of the Convention, which envisages a minimum of 12 weeks, of which at least six shall be after confinement. The Committee notes the Government's statement that this matter is covered by the legislative proposal which is under study, the objective of which is to incorporate into the law the provisions of the Convention. The Committee hopes that the Government will make use of this opportunity to take the necessary measures to bring the legislation into conformity with the provisions of the Convention. It also requests the Government to supply extracts of collective agreements containing provisions on this matter.

Article 47, paragraphs 6 and 7. In its previous comments, the Committee pointed out that the provision of section 133(b) of the Labor Code, which provides that maternity leave shall be extended without remuneration in the event of illness arising out of pregnancy, confinement, abortion or miscarriage, which renders the woman unfit for work, unless she has not accumulated leave from which the extension may be deducted, was not in conformity with the Convention, which does not envisage such a restriction. The Committee notes the Government's statement that this point is covered by the legislative proposal which is under study and aims to incorporate the provisions of the Convention into the legislation. The Committee requests the Government to supply information in its next report on any progress achieved with a view to bringing the legislation into conformity with the Convention on this point.

Article 47, paragraph 8. Further to its previous comments, the Committee notes the Government's statement that this matter is covered by a proposal to incorporate the provisions of the Convention on this subject into the legislation. The Committee hopes that the Government will take the opportunity to ensure that the legislation is in conformity with the Convention and will supply information on any progress achieved in this respect.

Article 48, paragraph 1. The Committee refers to its previous comments in which it: (a) recalled that, under the Convention, the benefits that may be received by a woman absent from her work for the reasons contained in the provisions of Article 47 constituted a right; (b) pointed out that the provisions of section 133(b) of the Labor Code, under which maternity leave is paid by the employer only for the first four confinements, were not in conformity with the Convention, which does not envisage such a restriction. The Committee notes the Government's statement that this matter is covered by a legislative proposal which is currently under study with a view to incorporating the provisions of the Convention on this point into the legislation. The Committee requests the Government to supply information on the outcome of the examination of the above proposal in this respect and to supply a copy of any text which is adopted.

Article 48, paragraph 3. With reference to its previous comments, the Committee notes from the Government's report the efforts which have been made to adopt appropriate legislation in this respect. The Committee requests the Government to take the necessary measures to incorporate the provisions of the Convention into the law and to supply detailed information on any progress achieved in this respect.

Article 49. The Committee notes that the attachment referred to in the Government's report has not been received. The Committee therefore hopes that the Government will indicate the legislative provisions, regulations or collective agreements which give effect to this Article of the Convention and provide the text thereof.

Parts IX and X. Right to organize and collective bargaining; Freedom of Association. The Committee refers in this regard to its comments under Convention No. 87.

Part XI. Labour inspection. The Committee refers to its previous comments and notes, from the Government's report, that this matter is covered by the legislative proposal to establish a Rural Workers Development Authority. The Committee hopes that through the above Authority, the Government will take the relevant measures to give full effect to the provisions of this Part of the Convention, and in particular to Articles 73 and 74, paragraphs 1(b), 1(c) and 2, and to Articles 75 to 77 and 79 to 81. It requests the Government to report any progress achieved in this respect.

Part XII. Housing (Articles 85 to 88). In its previous comments, the Committee noted that the law does not require employers to provide housing facilities for their employees, but that such benefits may be agreed upon in a collective agreement. However, the Committee requests the Government to indicate whether specific measures have been taken or are contemplated to encourage employers to make suitable housing facilities available for plantation workers. The Committee notes the Government's statement that this matter is covered by the legislative proposal which is under study and aims to incorporate the provisions of the Convention into law. The Committee requests the Government to indicate whether specific measures have been taken or are envisaged to encourage employers to make suitable housing facilities available to plantation workers. It once again requests the Government to indicate whether minimum standards and specifications have been established concerning such housing.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Article 11, paragraph 2, of the Convention. The Committee notes the Government's statement that two legislative proposals are currently being studied by the Technical Committee on Legislative Matters (TCLM) of the Department of Labor and Employment. The first of these proposes to include in the legislation the provisions of the Convention by means of the inclusion in the Labour Code of a specific chapter on plantation workers. The other calls for the adoption of a "Magna Carta for Rural Workers" with the establishment of an authority responsible for the development of rural workers. The Committee hopes that the Government will take the opportunity of these proposals to bring the law into conformity with the Convention with regard to the determination of the time and place of the medical examination. It requests the Government to keep it informed of the status of the proposals and of any progress achieved in this respect.

Articles 12, 13 and 14. In its previous comments, the Committee recalled that under the terms of the Convention specific provisions must be issued concerning: (a) the suitability of the vehicles or vessels used for the transport of workers; the provision of suitable accommodation for the night, where appropriate; arrangements for the daily journey, which take account of the length, duration and extent of the movements (Article 12); (b) the obligations of the employer or recruiter with regard to the expenses of travel, protection and maintenance during the journey (Article 13); (c) the payment of the workers' repatriation expenses, in certain cases. The Committee notes, from the Government's report, that measures to modernize the Navy, to which the Coast Guard is attached, and to expand the Maritime Industry Authority, cannot be carried out effectively due to lack of funds. The Committee hopes that the Government will provide information in future reports on any progress concerning the measures which have been taken to bring the legislation into conformity with the provisions of the Convention.

Article 15. The Committee would be grateful if the Government would provide detailed information on the effect given to the legislative proposals which, as noted above, are being studied, with regard to the measures taken to ensure the application of the provisions of Articles 12, 13 and 14 to the families of workers recruited, and the repatriation of the family in the event of the worker's death.

Article 16. With reference to its previous comments, the Committee notes that, according to the Government's report, no measure has been taken in this respect. It draws the Government's attention to the terms of this Article concerning the obligations of the competent authority and once again hopes that the necessary measures will be taken in the near future to limit explicitly the amount that may be paid to recruited workers in respect of advances on wages and to regulate the conditions under which such advances may be made, in accordance with this Article of the Convention.

Article 19. The Committee notes, from the Government's report, that there are no copies available of collective agreements or of any other documents making provision for medical services for workers and the members of their families. The Committee once again hopes that the Government will supply with its next report extracts of collective agreements or any other documents making provision for medical services for the workers covered by this Article and for the members of their families.

Article 24, paragraphs 2 and 3. The Committee refers to its comments under Convention No. 99.

Article 47, paragraph 2. In its previous comments, the Committee pointed out that section 133 of the Labor Code, subjecting the granting of maternity leave to a period of employment representing in all at least six months before the presumed date of confinement, was not in conformity with this provision of the Convention, which stipulates that this period must not exceed a total of 150 days. The Committee notes the Government's statement that this matter is covered by the legislative proposal which is under study with a view to incorporating the provisions of the Convention into the legislation. The Committee hopes that the Government will take the appropriate measures in this respect so that no uncertainty can persist in this matter and it requests the Government to report any progress achieved in this respect.

Article 47, paragraphs 3 and 4. In its previous comments, the Committee pointed out that section 133 of the Labor Code, which fixes the period of maternity leave to at least two weeks before the presumed date of confinement and to four further weeks following the date of the normal birth or the abortion, making six weeks in all, was not in conformity with the provisions of the Convention, which envisages a minimum of 12 weeks, of which at least six shall be after confinement. The Committee notes the Government's statement that this matter is covered by the legislative proposal which is under study, the objective of which is to incorporate into the law the provisions of the Convention. The Committee hopes that the Government will make use of this opportunity to take the necessary measures to bring the legislation into conformity with the provisions of the Convention. It also requests the Government to supply extracts of collective agreements containing provisions on this matter.

Article 47, paragraphs 6 and 7. In its previous comments, the Committee pointed out that the provision of section 133(b) of the Labor Code, which provides that maternity leave shall be extended without remuneration in the event of illness arising out of pregnancy, confinement, abortion or miscarriage, which renders the woman unfit for work, unless she has not accumulated leave from which the extension may be deducted, was not in conformity with the Convention, which does not envisage such a restriction. The Committee notes the Government's statement that this point is covered by the legislative proposal which is under study and aims to incorporate the provisions of the Convention into the legislation. The Committee requests the Government to supply information in its next report on any progress achieved with a view to bringing the legislation into conformity with the Convention on this point.

Article 47, paragraph 8. Further to its previous comments, the Committee notes the Government's statement that this matter is covered by a proposal to incorporate the provisions of the Convention on this subject into the legislation. The Committee hopes that the Government will take the opportunity to ensure that the legislation is in conformity with the Convention and will supply information on any progress achieved in this respect.

Article 48, paragraph 1. The Committee refers to its previous comments in which it: (a) recalled that, under the Convention, the benefits that may be received by a woman absent from her work for the reasons contained in the provisions of Article 47 constituted a right; (b) pointed out that the provisions of section 133(b) of the Labor Code, under which maternity leave is paid by the employer only for the first four confinements, were not in conformity with the Convention, which does not envisage such a restriction. The Committee notes the Government's statement that this matter is covered by a legislative proposal which is currently under study with a view to incorporating the provisions of the Convention on this point into the legislation. The Committee requests the Government to supply information on the outcome of the examination of the above proposal in this respect and to supply a copy of any text which is adopted.

Article 48, paragraph 3. With reference to its previous comments, the Committee notes from the Government's report the efforts which have been made to adopt appropriate legislation in this respect. The Committee requests the Government to take the necessary measures to incorporate the provisions of the Convention into the law and to supply detailed information on any progress achieved in this respect.

Article 49. The Committee notes that the attachment referred to in the Government's report has not been received. The Committee therefore hopes that the Government will indicate the legislative provisions, regulations or collective agreements which give effect to this Article of the Convention and provide the text thereof.

Parts IX and X. Right to organize and collective bargaining; Freedom of Association. The Committee refers in this regard to its comments under Convention No. 87.

Part XI. Labour inspection. The Committee refers to its previous comments and notes, from the Government's report, that this matter is covered by the legislative proposal to establish a Rural Workers Development Authority. The Committee hopes that through the above Authority, the Government will take the relevant measures to give full effect to the provisions of this Part of the Convention, and in particular to Articles 73 and 74, paragraphs 1(b), 1(c) and 2, and to Articles 75 to 77 and 79 to 81. It requests the Government to report any progress achieved in this respect.

Part XII. Housing (Articles 85 to 88). In its previous comments, the Committee noted that the law does not require employers to provide housing facilities for their employees, but that such benefits may be agreed upon in a collective agreement. However, the Committee requests the Government to indicate whether specific measures have been taken or are contemplated to encourage employers to make suitable housing facilities available for plantation workers. The Committee notes the Government's statement that this matter is covered by the legislative proposal which is under study and aims to incorporate the provisions of the Convention into law. The Committee requests the Government to indicate whether specific measures have been taken or are envisaged to encourage employers to make suitable housing facilities available to plantation workers. It once again requests the Government to indicate whether minimum standards and specifications have been established concerning such housing.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

With reference to its previous comments, the Committee takes note of the information supplied by the Government in its last report.

Article 11, paragraph 2, of the Convention. In reply to the comments made by the Committee, the Government refers to section 9, Chapter I, Book IV of the Rules and Regulations implementing the Labour Code. The Committee points out that these provisions do not determine the time or place of the medical examination, as required by the Convention. The Committee hopes that it will be possible for measures to be taken to bring the legislation into conformity with the Convention on this point and requests the Government to indicate any progress made in this respect.

Articles 12, 13 and 14. The Committee notes from the report that the Government is currently strengthening the Coast Guard and the Maritime Industry Authority to enable them to cope with inspectorate activities and to ensure the safety of passengers. The Committee considers that these measures are useful in ensuring observance of prescriptions issued for this purpose, but recalls that, under the Convention, specific provisions must be issued concerning: (a) the suitability of the vehicles or vessels used for the transport of workers; the provision of suitable accommodation for the night, where appropriate; arrangements for the daily journey, which take account of the length, duration and extent of the movements (Article 12); (b) the obligations of the employer or recruiter with regard to travel, protection and maintenance during the journey (Article 13); (c) the payment of the workers' repatriation expenses, in certain cases. The Committee hopes that measures will be taken to bring the legislation into conformity with these provisions of the Convention and asks the Government to indicate any progress made in this respect.

Article 15. The Committee hopes that specific measures will be taken to ensure the application of the provisions of Articles 12, 13 and 14 to the families of workers recruited, and the repatriation of the family in the event of the worker's death.

Article 16. The Committee again expresses the hope that the necessary measures will be taken in the near future to limit explicitly the amount that may be paid to recruited workers in respect of advances on wages and to regulate the conditions under which such advances may be made, in accordance with this Article of the Convention.

Article 19. The Committee requests the Government to provide with its next report extracts of collective agreements or any other documents making provision for medical services for the workers covered by this Article and for the members of their families.

Article 24, paragraphs 2 and 3. The Committee refers to its direct request under Convention No. 99.

Articles 41 and 42. The Committee takes note of the extracts from a collective agreement establishing the right to annual holiday with pay for the workers concerned. It would be grateful if the Government would indicate whether any measures have been taken or are envisaged to give effect to these Articles of the Convention.

Article 47, paragraph 2. The Committee refers to its previous comments in which it pointed out that section 133 of the Labour Code, subjecting the granting of maternity leave to a period of employment representing in all at least six months before the presumed date of confinement, was not in conformity with this provision of the Convention, which stipulates that this period must not exceed a total of 150 days. The Committee again expresses the hope that the necessary measures will be taken to bring the legislation into line with the Convention on this point.

Article 47, paragraphs 3 and 4. In its previous direct request, the Committee pointed out that section 133 of the Labour Code, which fixes the period of maternity leave to at least two weeks before the presumed date of confinement and to four further weeks following the date of the normal birth or the abortion, making six weeks in all, was not in conformity with the provisions of the Convention which envisages a minimum of 12 weeks, of which at least six shall be after confinement. The Committee notes from the last report that the proposal for longer maternity leave is still being examined by the national legislative body. It again expresses the hope that this examination will be completed in the near future and that the Government will be able to take the necessary measures to bring the legislation into conformity with the provisions of the Convention on these points. It also requests the Government to communicate extracts of collective agreements containing provisions on this matter.

Article 47, paragraphs 6 and 7. The Committee refers to its previous comments in which it pointed out that the provision of section 133(b) of the Labour Code, which provides that maternity leave shall be extended without remuneration in the event of illness arising out of pregnancy, confinement, abortion or miscarriage, which renders the woman unfit for work, unless she has accumulated leave from which the extension may be deducted, was not in conformity with the Convention which does not envisage such a restriction. The Committee hopes that measures will be taken in the near future to bring the legislation into conformity with the Convention on these points. It requests the Government to indicate any progress made in this respect.

Article 47, paragraph 8. The Committee requests the Government to indicate the measures taken or contemplated to ensure that effect is given to this provision of the Convention.

Article 48, paragraph 1. The Committee refers to its previous comments in which it: (a) recalled that, under the Convention, the benefits that may be received by a woman absent from her work for the reasons contained in the provisions of Article 47, constituted a right; (b) pointed out that the provisions of section 133(b) of the Labour Code, under which maternity leave is paid by the employer only for the first four confinements, were not in conformity with the Convention which does not envisage such a restriction.

The Committee again expresses the hope that the necessary measures will be taken to bring the legislation into conformity with the Convention on these points and requests the Government to indicate any progress made in this respect.

Article 48, paragraph 3. The Committee again requests the Government to provide information on the application of this provision of the Convention.

Article 49. The Committee again requests the Government to indicate the legislative provisions, regulations or collective agreements which give effect to this Article of the Convention and to provide the text thereof.

Parts IX and X. Right to organise and collective bargaining; Freedom of association. The Committee refers to its comments under Conventions Nos. 87 and 98 and hopes that the Government will take due account of them in giving effect to these Parts of the Convention.

Part XI. Labour inspection. The Committee again expresses the hope that the Government will take appropriate measures in the near future to give full effect to the provisions of this Part of the Convention, and in particular to Articles 73 and 74, paragraphs 1(b), 1(c) and 2, and to Articles 75 to 77 and 79 to 81. Please indicate any progress made in this respect.

Part XII. Housing (Articles 85-88). The Committee notes from the report that the law does not require employers to provide housing facilities for their employees but that such benefits may be agreed upon in a collective agreement. The Committee nevertheless requests the Government to indicate whether specific measures have been taken or are contemplated to encourage employers to make suitable housing facilities available for plantation workers. Please indicate also whether minimum standards and specifications have been established concerning such housing.