Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Philippines (Ratification: 1991)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Articles 1, 2 and 5 of the Convention. Procedures which ensure effective tripartite consultations with representative organizations of employers and workers. The Committee notes the Government’s indication that, between May 2018 and March 2022, the National Tripartite Industrial Peace Council (NTIPC) adopted several tripartite resolutions supporting the ratification of the Labour Inspection Convention, 1947 (No. 81), the Indigenous and Tribal Peoples Convention, 1989 (No. 169), and the Violence and Harassment Convention, 2019 (No. 190). Subsequently, a Technical Working Committee was established to work towards the ratification of Convention No. 190 in consultation with the stakeholders, including the social partners. The Committee further notes that, in September 2020, the NTIPC adopted Resolution No. 03, Series of 2020, endorsing the Philippines’ application for inclusion in the ILO whitelist of Member States under the Seafarers’ Identity Documents Convention (Revised), 2003, as amended (No. 185). The application was approved in December 2020, making the Philippines the first among the ILO Member States having ratified Convention No. 185 to have fully satisfied its requirements. The Committee further notes the information provided by the Government regarding tripartite consultations held within the NTIPC on labour legislation and social and economic policies (Paragraph 5(c) of Recommendation No. 152), which included consultations on the issuance of employment permits for foreigners, the recruitment and placement of domestic workers and workers in industry, as well as on the set of policies adopted to ensure the protection of workers’ rights and preserve employment during the COVID-19 pandemic. In addition, from 2020 to the first semester of 2022, the Department of Labor and Employment (DOLE) organized 64 tripartite meetings and 10 sectoral dialogues to discuss issues related to freedom of association and measures taken to address the impact of the COVID-19 pandemic, such as wage subsidies and occupational safety and health measures. The Government reports that, during the pandemic, the DOLE took measures to provide a platform for social dialogue, through videoconferencing, online surveys, and emails with the aim of gathering sectoral inputs on labor and employment policies. Lastly, the Government indicates that the DOLE has expanded the membership in the NTIPC and Tripartite Industrial Peace Councils (RTIPCs) to include representatives of the informal economy, women, young persons, migrants, and the public sector.

While taking due note of this information, the Committee recalls its 2022 comments on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), in which it noted the observations of the International Trade Union Confederation (ITUC) alleging continued and serious violations of workers’ civil liberties and freedom of association rights. In this respect, the Committee draws the Government’s attention to Article 1 of the Convention, which defines “representative organisations” for purposes of the Convention as “the most representative organisations of employers and workers enjoying the right of freedom of association”. Moreover, in its Article 2(1) the Convention requires ratifying countries to operate procedures that ensure effective consultations on the normative matters listed in Article 5(1) of the Convention between the tripartite partners.

In these circumstances, the Committee requests the Government to provide details on how it ensures that all representative organizations within the meaning of Article 1 of the Convention, take part in the effective consultations on the each of the matters listed in its Article 5. The Committee also asks the Government to indicate the frequency, content and outcomes of the tripartite consultations held on each of these matters, including those on: questionnaires concerning items on the agenda of the International Labour Conference (Article 5(1)(a)); the submission to the National Congress of instruments adopted by the Conference (Article 5(1)(b)); the reports on ratified Conventions to be made to the Office under article 22 of the ILO Constitution (Article 5 (1)(d)); and proposals for the denunciation of ratified Conventions (Article 5(1)(e)).Lastly, theCommittee requests the Government to provide information on developments with respect to the possible ratification of Conventions Nos 81, 169 and 190.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 5(1) of the Convention. Effective tripartite consultations. The Government indicates that social dialogue is exercised through the National Tripartite Industrial Peace Council (NTIPC), which serves as the main consultative and advisory mechanism within the Department of Labor and Employment (DOLE). The NTPICS’s primary mandate is to review and produce reports involving labour law and employment, legislative proposals, the ratification or denunciation of ILO Conventions, and to monitor ILO matters. The Government adds that Tripartite Industrial Peace Councils (TIPCs) have set up industry tripartite councils at a regional, provincial, municipal and industry levels. The Committee takes note of the Government’s indication that the DOLE is in the process of reconstituting and expanding existing TIPCs in order to assure the inclusive representation of labour and employer sectors, including representatives of the informal economy, public services, migrant workers, women and youth. The Committee notes with interest the Government’s indication that the ratification of the Labour Relations (Public Service) Convention, 1978 (No. 151), registered on 10 October 2017, was the result of extensive consultations among the tripartite constituents. The Committee requests the Government to continue to provide information on the content and outcome of the consultations held on each of the matters regarding international labour standards covered by the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 5(1) of the Convention. Effective tripartite consultations. The Committee notes with interest that, in the course of 2012, the consultations held to examine the prospects of ratification of Conventions referred to in the Decent Work Agenda and the Philippines Labour and Employment Plan 2011–16 have resulted, inter alia, in the ratification of the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), the Domestic Workers Convention, 2011 (No. 189) and the Maritime Labour Convention, 2006 (MLC, 2006). Moreover, the Government indicates that, in accordance with the Philippine Labour and Employment Plan, the Home Work Convention, 1996 (No. 177) and the Private Employment Agencies Convention, 1997 (No. 181) are amongst the Conventions to be examined for possible ratification. The Committee also takes note of the information provided by the Government in reply to its previous request concerning updates on the manner in which the representatives of employers and workers are nominated before the National Tripartite Peace Council (NTIPC). In September 2010, a resolution was issued by the NTIPC providing the criteria for nomination and selection of sectoral representatives as well as the procedure for nomination to tripartite bodies. In that regard, the Committee notes that sectoral representatives must be formally nominated and endorsed in writing by the “most representative organization” which must have a sufficiently inclusive base and must possess the required qualifications, willingness, availability and competencies to perform the functions as representative of the sector/industry (Article 3). Moreover, the Government refers to the institutionalization of tripartite industrial peace councils (TIPCs) at a national, regional or industrial level, by the Republic Act No. 10395 of 14 March 2013, as a contribution to the strengthening of tripartism. The Committee invites the Government to continue to provide particulars on the consultations held on matters regarding international labour standards covered by the Convention.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 5(1) of the Convention. Tripartite consultations required by the Convention. The Committee notes with interest the detailed replies to the 2009 observation provided in the Government’s report received in September 2010. The Government indicates that continued consultations for the possible ratification of Conventions enrolled in the Decent Work Agenda are being undertaken. The Government reports specifically on the measures taken by the Tripartite Industrial Peace Council (TIPC) in order to examine the Home Work Convention, 1996 (No. 177), the Private Employment Agencies Convention, 1997 (No. 181), the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), and the Maritime Labour Convention, 2006 (MLC, 2006). The Government indicates that in August 2009, the TIPC decided to recommend ratification of Convention No. 185. The TIPC ratification proposal of Convention No. 185 is currently being carried out in accordance with the established process of consultation and documentation decided. On Convention No. 177, the TIPC also endorsed its ratification. The Government is now gathering relevant information regarding compliance with the provisions of the Convention. On Convention No. 181, a task force was created in order to review existing policies and review the provisions of the Convention. In July 2010, as part of the review process of Convention No. 181, salient features of the Convention were presented for better understanding and to address the need to review existing policies and the value of consultation of the stakeholders in preparation for ratification. On the MLC, 2006, the Government indicates that a Maritime Industry Tripartite Council in the domestic seafaring industry is being institutionalized as an advocacy and consultation venue to facilitate reforms for the eventual ratification of the MLC, 2006. The Committee wishes to receive in the Government’s next report information on the developments that might occur regarding the ratification of Conventions Nos 177, 181, 185 and the MLC, 2006. It invites the Government to also include information regarding the other matters covered by Article 5(1) of the Convention.

Article 3. Selection of representatives of employers and workers. In its previous observation, the Committee requested specific information on the manner in which the representatives of employers and workers are nominated, for the purposes of the Convention, specifically on how it is ensured that they have been freely chosen by their representative organizations. The Government indicates that the criteria and process of nomination is generally left to the sound discretion of the nominating sectoral organization, with “most representative status”. The Government reports that the organization submits their nominees to the Secretary of the Department of Labour, who in turn endorses the same for appointment by the President through an executive issuance, to the tripartite bodies. The “most representative status” criteria for organizational representation in the tripartite bodies is determined based on the scope and coverage of organizational membership. The Committee notes that the process of appointment is embodied in an Executive Order issued in 1998 which provides that there shall be a maximum of 20 regular representatives each from workers’ and employers’ organizations, to be designated by the President upon nomination by their respective sectors. The Committee also notes that the new administration is preparing invitations to participate in the TIPC for groups that in the past refused to participate or engage in tripartite dialogues. The tripartite partners are currently formulating a standard criteria and process of selection and nomination of representatives of sectoral organizations with “most representative status”. The Committee welcomes this approach and would appreciate receiving updates on this matter as soon as they are available.

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

Article 5, paragraph 1, of the Convention. Tripartite consultations required by the Convention. The Committee notes the information provided in the Government’s report received in May 2009. The Committee notes that, as a result of the adoption of the second Decent Work Country Programme and the Consultative Tripartite Conference on Decent Work in February 2005, subcommittees were established in the context of the Tripartite Industrial Peace Council (TIPC) to identify concerns, gaps, obstacles, strategies and the time frame and mechanisms to facilitate the ratification or denunciation of ILO Conventions which are predetermined as priorities under the Decent Work Country Programme. In this regard, the plenary of the TIPC adopted a revised functional structure which highlights the inclusion of the Committee on Decent Work, as well as four standing committees which form the pillars of decent work. The Committee notes with interest that the Philippines ratified the Migration for Employment Convention (Revised), 1949 (No. 97), in April 2009. The Government also indicates that support was gathered in the TIPC to promote the ratification of the Home Work Convention, 1996 (No. 177). The Committee requests the Government to continue to provide information on the consultations held to examine the prospects of ratification of the unratified ILO Conventions, and on any follow-up to recommendations derived from such consultations. The Government is also invited to continue to report on the consultations held by the TIPC on matters set out in Article 5(1).

Article 3. Selection of representatives of employers and workers. The Committee recalls that, in its 2008 direct request, it noted that the Public Services Labour Independent Confederation (PSLINK) considered that there was no genuine mechanism for tripartite consultations in the Philippines as the Government determines the most representative workers’ organizations through appointments made by the executive. The Government indicates in its report that representatives of the labour and employer sectors are appointed by the President of the Philippines, upon nomination by their respective sectors and the Labour Secretary. The Committee asks the Government to provide further specific information on the manner in which the representatives of employers and workers are nominated, for the purposes of the Convention, specifically on how it is ensured that they have been freely chosen by their representative organizations.

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

The Committee notes that the Government’s report has not been received. The Committee notes the communication of the Public Services Labour Independent Confederation (PSLINK) forwarded to the Government in October 2008. PSLINK indicates that there is no genuine mechanism for tripartite consultations in the Philippines, as the Government determines the most representative workers’ organizations through appointments made by the Executive. PSLINK also raises concerns over the exclusion of matters relating to public sector workers from the tripartite consultative process. The Committee invites the Government to include, in its next report, its observations on the matters raised by PSLINK. It also refers to its 2006 direct request and hopes that the report will also contain information on any consultations held between the Government and social partners on the denunciation of the Night Work (Women) Convention (Revised), 1948 (No. 89), and the prospect of ratifying the Night Work Convention, 1990 (No. 171), as well as on the other matters covered by Article 5, paragraph 1, of Convention No. 144.

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

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Tripartite consultations required by the Convention. The Committee notes the Government’s report received in September 2006. It notes that, following tripartite consultations, the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), was ratified by the Philippines on 14 September 2006. The Committee notes the resolution of the Tripartite Industrial Peace Council (TIPC) of 2005, recommending the denunciation of the Night Work (Women) Convention (Revised), 1948 (No. 89). The Committee recalls that, under the terms of Article 15 of Convention No. 89, the latter Convention may only be denounced between 27 February 2011 and 27 February 2012. The Committee refers to its 2004 observation on the application of Convention No. 89 and hopes that the Government’s next report on Convention No. 144 will contain information on any consultations held between the Government and the social partners on the possibility of ratifying the Night Work Convention, 1990 (No. 171), as well as on the other matters covered by Article 5, paragraph 1, of Convention No. 144.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Tripartitie consultations required by the Convention. The Committee notes the Government’s report received in September 2004. It also notes that tripartite consultations were held in 2003 and 2004 to consider ratification of Conventions Nos. 97, 143 and 181. The Committee requests the Government to provide information in its next report on the consultations held on each of the matters set out in Article 5, paragraph 1, of the Convention, including on the frequency of the consultations and the nature of any reports or recommendations made as a result of them.

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 matters raised in its previous direct request, which read as follows:

The Committee notes with interest the Government's first report and the supplementary information supplied later, specifically in the report for the period ending 30 June 1995.

It notes Executive Order No. 403 establishing the Tripartite Industrial Peace Council, Executive Order No. 25 which amends it and further strengthens the Council, the related documents and resolution No. 1 of 1992 of the Tripartite Industrial Peace Council in favour of ratifying a number of ILO Conventions on social security.

The Committee notes that although no text specifically grants competence to the Council for matters relating to ILO activities, it nevertheless exercises this in practice in conformity with the wish it expressed on ratification of this Convention.

The Committee hopes that the tripartite consultations provided for in the Convention will be held regularly, especially within this Council. It recalls, however, that under Article 2, paragraph 1, of the Convention, the Government must institute procedures which ensure effective consultations on these matters and that paragraph 2 of the same Article provides that the nature and form of the procedures shall be determined after consultation with the representative organizations. In this respect, the Committee notes that the specific procedures have not yet been established; it trusts that they will be laid down in the near future and that the Government will not fail to supply in its next report information on the consultations held for this purpose along with a description of the procedures resulting from the consultations.

The Committee notes that, in accordance with Article 3, employers' and workers' organizations choose freely the persons representing them, on an equal footing, in the Tripartite Council; it notes, however, that the president may increase their number and, when circumstances require it, replace them. It requests the Government to indicate how respect for the principles of free choice and equality of representativity of employers' and workers' members is ensured in the event of modification of the Council's composition by the president.

The Committee notes how, in accordance with Article 4, paragraph 1, the Government assumes responsibility for the administrative support of the procedures; it would be grateful if it would describe any arrangements made in accordance with paragraph 2 of this Article with the representative organizations for the financing of any necessary training of participants in these procedures.

The Committee requests the Government to continue to supply in each of its next reports information concerning the consultations held during the periods covered and reminds it in this respect that according to the report form this information must relate to the subject and frequency of consultations on each of the matters set out in Article 5, paragraph 1, and on the nature of reports and recommendations resulting from these consultations.

The Government is also requested to supply information on the consultations provided for in Article 6 on the advisability of issuing an annual report on the working of the procedures provided for in the Convention.

Finally, the Committee would be grateful if it would indicate in each of its next reports any observations received from the representative organizations regarding application of the provisions of the Convention or the content of the Government's reports. It requests it to send the Office copies of the observations, if any, and to attach to them any comments it deems useful (point VI of the draft report).

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:

The Committee notes with interest the Government's first report and the supplementary information supplied later, specifically in the report for the period ending 30 June 1995.

It notes Executive Order No. 403 establishing the Tripartite Industrial Peace Council, Executive Order No. 25 which amends it and further strengthens the Council, the related documents and resolution No. 1 of 1992 of the Tripartite Industrial Peace Council in favour of ratifying a number of ILO Conventions on social security.

The Committee notes that although no text specifically grants competence to the Council for matters relating to ILO activities, it nevertheless exercises this in practice in conformity with the wish it expressed on ratification of this Convention.

The Committee hopes that the tripartite consultations provided for in the Convention will be held regularly, especially within this Council. It recalls, however, that under Article 2, paragraph 1, of the Convention, the Government must institute procedures which ensure effective consultations on these matters and that paragraph 2 of the same Article provides that the nature and form of the procedures shall be determined after consultation with the representative organizations. In this respect, the Committee notes that the specific procedures have not yet been established; it trusts that they will be laid down in the near future and that the Government will not fail to supply in its next report information on the consultations held for this purpose along with a description of the procedures resulting from the consultations.

The Committee notes that, in accordance with Article 3, employers' and workers' organizations choose freely the persons representing them, on an equal footing, in the Tripartite Council; it notes, however, that the president may increase their number and, when circumstances require it, replace them. It requests the Government to indicate how respect for the principles of free choice and equality of representativity of employers' and workers' members is ensured in the event of modification of the Council's composition by the president.

The Committee notes how, in accordance with Article 4, paragraph 1, the Government assumes responsibility for the administrative support of the procedures; it would be grateful if it would describe any arrangements made in accordance with paragraph 2 of this Article with the representative organizations for the financing of any necessary training of participants in these procedures.

The Committee requests the Government to continue to supply in each of its next reports information concerning the consultations held during the periods covered and reminds it in this respect that according to the report form this information must relate to the subject and frequency of consultations on each of the matters set out in Article 5, paragraph 1, and on the nature of reports and recommendations resulting from these consultations.

The Government is also requested to supply information on the consultations provided for in Article 6 on the advisability of issuing an annual report on the working of the procedures provided for in the Convention.

Finally, the Committee would be grateful if it would indicate in each of its next reports any observations received from the representative organizations regarding application of the provisions of the Convention or the content of the Government's reports. It requests it to send the Office copies of the observations, if any, and to attach to them any comments it deems useful (point VI of the draft report).

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with interest the Government's first report and the supplementary information supplied later, specifically in the report for the period ending 30 June 1995.

It notes Executive Order No. 403 establishing the Tripartite Industrial Peace Council, Executive Order No. 25 which amends it and further strengthens the Council, the related documents and resolution No. 1 of 1992 of the Tripartite Industrial Peace Council in favour of ratifying a number of ILO Conventions on social security.

The Committee notes that although no text specifically grants competence to the Council for matters relating to ILO activities, it nevertheless exercises this in practice in conformity with the wish it expressed on ratification of this Convention.

The Committee hopes that the tripartite consultations provided for in the Convention will be held regularly, especially within this Council. It recalls, however, that under Article 2, paragraph 1, of the Convention, the Government must institute procedures which ensure effective consultations on these matters and that paragraph 2 of the same Article provides that the nature and form of the procedures shall be determined after consultation with the representative organizations. In this respect, the Committee notes that the specific procedures have not yet been established; it trusts that they will be laid down in the near future and that the Government will not fail to supply in its next report information on the consultations held for this purpose along with a description of the procedures resulting from the consultations.

The Committee notes that, in accordance with Article 3, employers' and workers' organizations choose freely the persons representing them, on an equal footing, in the Tripartite Council; it notes, however, that the president may increase their number and, when circumstances require it, replace them. It requests the Government to indicate how respect for the principles of free choice and equality of representativity of employers' and workers' members is ensured in the event of modification of the Council's composition by the president.

The Committee notes how, in accordance with Article 4, paragraph 1, the Government assumes responsibility for the administrative support of the procedures; it would be grateful if it would describe any arrangements made in accordance with paragraph 2 of this Article with the representative organizations for the financing of any necessary training of participants in these procedures.

The Committee requests the Government to continue to supply in each of its next reports information concerning the consultations held during the periods covered and reminds it in this respect that according to the report form this information must relate to the subject and frequency of consultations on each of the matters set out in Article 5, paragraph 1, and on the nature of reports and recommendations resulting from these consultations.

The Government is also requested to supply information on the consultations provided for in Article 6 on the advisability of issuing an annual report on the working of the procedures provided for in the Convention.

Finally, the Committee would be grateful if it would indicate in each of its next reports any observations received from the representative organizations regarding application of the provisions of the Convention or the content of the Government's reports. It requests it to send the Office copies of the observations, if any, and to attach to them any comments it deems useful (point VI of the draft report).