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.