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

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

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

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

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

Promotion of the principle of the Convention. The Committee notes from the Government’s report that the employment rate of men who have graduated from the Technical and Vocational Education and Training (TVET) programmes is higher than that of women (49.5 per cent for men and 39.6 per cent for women). The Committee also notes that the following initiatives have been undertaken by the Women’s Centre of the Technical Education and Skills Development Authority (TESDA): (i) a 2006 Tracer Study showing that 59 per cent of trainees were mostly employed in sectors such as human resource management, jewellery and welding; (ii) a Graduate Tracking System (telephone survey) revealing that, in 2008, the average employment rate of trainees was about 64 per cent, and that 41.4 per cent of women certified in “household service” have been employed overseas with a salary of US$400–500 per month; and (iii) an International Training Program implemented from 1999 to 2005. In this connection, the Committee notes the Government’s indication that an evaluation study was undertaken between 2002 and 2005 showing some positive outcomes, in particular in addressing gender issues and promoting gender equality. The Committee asks the Government to provide information on the impact of vocational training and educational programmes on the promotion of women into higher paying jobs. The Committee asks the Government to provide in particular the following information:

(i)    detailed and updated information on the number of women and men graduates respectively that were subsequently employed in higher paying jobs;

(ii)   the impact of the International Training Program, related to the application of the principle of the Convention;

(iii)  the specific impact of the International Training Program and third country training programmes for 2002–05 on addressing equal pay issues in private enterprises, as requested in the previous comments; and

(iv)  copies of the studies and surveys mentioned in the Government’s report, as well as any other assessment of the impact of the vocational training and education programmes on women’s access to higher paying jobs.

Wage determination. The Committee notes the Government’s indication that, pursuant to The Republic Act (RA) No. 6727 of 9 June 1989 (Wage Rationalization Act), the primary purpose of the minimum wage fixing is to provide protection to the most vulnerable workers, in particular unskilled and lowest paid workers. In this regard, the Committee refers to the statistical information of the National Statistics Office indicating that the percentage of women working as labourers and unskilled workers is higher than the percentage of men (36.6 per cent of woman and 30 per cent of men), and is particularly significant in some regions. The Committee also notes from the statistical data given in the Government’s report that women working in private households constitute the lowest paid group of workers, with a daily basic pay of 114.50 pesos (PHP). In addition, the Committee notes the Government’s indication that the Regional Tripartite Wages and Productivity Boards (RTWPBs) are the bodies fixing the minimum wage rates applicable in their regions, provinces or industries, and that minimum wage adjustments by these boards do not necessarily consider remuneration according to gender or occupation. The Committee draws the Government’s attention to the need to ensure that rates of remuneration in occupations predominantly employing women are not set below the level of the rates applied to occupations predominantly employing men carrying out work of equal value. The Committee asks the Government to provide specific information on the following:

(i)    how it is ensured that the minimum wage fixing machinery protects vulnerable workers, specifically women working as labourers, unskilled workers and in private households; and

(ii)   what measures have been taken or envisaged to ensure that the method and criteria used by the RTWPBs to determine and adjust the minimum wage rates are free from gender bias, and that rates fixed for female-dominated occupations are not set below the levels of rates applying to male-dominated occupations for work of equal value.

Collective agreements. With regard to the determination of wages above the minimum wage through collective agreements, the Committee notes that the Government has supplied no information in this respect. The Committee, therefore, asks the Government to indicate how collective agreements contribute to setting wages above the minimum wage rates. The Committee also reiterates its previous request to the Government to provide copies of relevant collective agreements setting wages above the minimum wage, as well as information on the number of men and women covered by these agreements and their distribution in the different wage levels.

Statistics. Please provide statistics on the distribution of women and men in the different sectors, occupations and positions, and their respective levels of remuneration.

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

Article 1(b) of the Convention. Work of equal value. The Committee recalls that it has for a number of years urged the Government to take the necessary steps to amend the legislation to guarantee equal remuneration for men and women not only for equal, the same or similar work, but also for work that is of a different nature but nevertheless of equal value. Such amendment is necessary given the restrictive interpretation given to section 135 of the Labor Code through the 1990 Rules implementing the Republic Act No. 6725, defining “work of equal value” to mean “activities, jobs, tasks, duties or services ... which are identical or substantially identical”. The Committee notes with regret that the Government’s report does not provide any information in this regard. The Committee strongly urges the Government to take steps, without further delay, to amend section 135(a) of the Labor Code or section 5(a) of the 1990 Rules implementing the Republic Act No. 6725, in order to bring the legislation into full conformity with the Convention.

Article 2. Pay inequality in the public sector. The Committee notes the concerns raised by the Public Services Labor Independent Confederation (PSLINK) regarding the large pay gap between women and men in the public sector, a large proportion of which, according to PSLINK, can be attributed to discriminatory factors in the wage-setting process. PSLINK points particularly to occupational segregation, with women being concentrated in lower paid and undervalued jobs, and to inequalities in the Salary Standardization Law. The Committee asks the Government to provide information on the causes and extent of the gender pay gap in the public sector, including any research, as well as statistics on the earnings of men and women in the public sector. Please indicate the steps taken or envisaged to address the pay gap in the public sector, including with regard to occupational segregation, and inequalities in the Salary Standardization Law.

Article 2(2)(b). Minimum wages. The Committee recalls its previous comments regarding the establishment of minimum wages, and noting that several establishments were reported for non-compliance with the general labour standard, including underpayment of minimum wages. The Committee also notes the communication from the Kilusang Mayo Uno Labor Center, dated 15 September 2008, which was forwarded to the Government, stating that many companies have been found to be violating the minimum wage law, particularly in industries where women predominate, such as garments, electronics and food manufacturing. The Committee notes further that the Kilusang Mayo Uno Labor Center indicates that mandatory wage orders are not being implemented and that the overtime rate actually paid is not based on the mandatory minimum wage. Moreover, the Committee refers to the concluding observations of the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressing concern that the minimum wage legislation does not apply to some important sectors, including government employment and export-oriented and labour-intensive manufacturing. The CESCR also notes that enforcement of the minimum wage legislation has been made difficult especially by the shortage of labour inspectors (E/C.12/PHL/CO/4, 1 December 2008, paragraph 22). The Committee asks the Government to provide information on the following:

(i)    the steps taken or envisaged to ensure that the principle of equal remuneration for men and women for work of equal value is taken into account in the minimum wage-setting process;

(ii)   any steps taken or envisaged to extend the minimum wage legislation to cover other sectors, in particular sectors predominantly employing women;

(iii)  the detected violations of the national legislation on minimum wages and section 135(a) of the Labour Code by the labor inspectorate, including any remedies provided or sanctions imposed, and any relevant judicial decisions;

(iv)  the number of men and women respectively affected by the violation of the minimum wage legislation;

(v)   practical measures taken or envisaged to improve the enforcement of minimum wage legislation; and

(vi)  any measures taken to assist workers to enforce their rights to receive minimum wages.

Article 3. Objective job evaluation. The Committee notes with regret that for many years, the Government has not provided the information requested regarding the methods available to promote an objective evaluation of jobs, free from gender bias. The Committee must, therefore, once again, urge the Government to take measures to promote an objective evaluation of jobs, in order to be able to compare the value of different jobs, and to cooperate with employers’ and workers’ organizations in this regard. Please provide specific information in this regard.

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

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

The Committee notes that the Government’s report does not reply to any of the matters raised in its previous direct request. It therefore hopes that the Government will provide information in reply to its previous direct request, which read as follows.

1. Article 2 of the Convention. Promotion of the principle of the Convention. With reference to its previous comments on the measures taken to promote women in higher paying jobs not traditionally held by women, the Committee notes the information in the Government’s report that the training offered by the Women’s Centre of the Technical Education and Skills Development Authority (TESDA) has helped women graduates to find jobs in trade areas that are traditionally male dominated, such as welding. Some found employment in hotels, restaurants, on cruise ships, in engineering and construction companies and automotive and electronic assembly plants. Furthermore, the Committee notes that some of the impact of the international training programme and third country training programmes for 2002–05 to build the capacity of managers and leaders of Technical and Vocational Education and Training (TVET) programmes to eliminate gender inequalities included integration of gender in TVET programmes, research on gender issues in enterprise development and TVET and a budget allocation for gender mainstreaming. The Committee asks the Government to continue to provide information on the impact of vocational training and education programmes on the promotion of women into higher-paying jobs. Please also provide information, including statistics, on the percentage of women graduates that found employment in higher-paying jobs and on the specific impact of the international training programme and third country training programmes for 2002–05 on addressing equal pay issues in private enterprises.

2. Wage determination and collective agreements. Further to its observation, the Committee notes the statistics attached to the Government’s report regarding the daily minimum wage rates per industry and sector for the different geographical regions. It also notes that the Regional Tripartite Wages and Productivity Boards (RTWPBs) must take into account the Guidelines No. 1 series of 2005, issued by the National Wages and Productivity Commission (NWPC) when setting minimum wages. The guidelines recommend that “minimum wages shall be confined as much as possible to protecting the lowest paid workers from the vagaries of the labour market” and that “wage differentiation shall be based on such broad classifications as non-agriculture, agriculture and retail/service establishments employing not more than ten workers”. The guidelines further recommend that “determination of wages above the minimum wage shall be left to collective bargaining in the organized sector and employer–employee negotiations in the unorganized sector”, and that these wages “may also be based on productivity and/or performance of the enterprise”. The Committee recalls that the Convention requires that rates of remuneration must be established without discrimination based on sex. The Committee asks the Government to provide information in its next report on the following points:

(a)   The measures it envisages to take with a view to ensuring that the principle of equal remuneration for men and women for work of equal value is taken into account in the minimum wage-setting process. For instance, how do the NWPC and the RTWPBs ensure that rates fixed for female-dominated occupations are not set below the level of rates applying to male-dominated occupations involving work of equal value?

(b)    The number of men and women respectively employed in each of the industries and sectors covered by minimum wage orders.

(c)    Copies of relevant collective agreements setting wages above the minimum wage as well as information on the number of men and women covered by these agreements and their distribution in the different wage levels.

(d)   The criteria and methods used by employers’ and workers’ organizations to determine the classification of jobs and their corresponding wage scales without discrimination based on sex.

3. Parts II and IV of the report form. The Committee notes that the inspections conducted on the basis of the Statistical Performance and Reporting System (SPRS) indicated that 10,535 establishments were reported for non-compliance with general labour standards. The most common violations were underpayment of minimum wages, non-payment or underpayment of regular holiday pay and thirteenth month pay and non-integration, non-payment or underpayment of cost of living allowances. The Committee encourages the Government to continue to provide information on detected violations of the national legislation on minimum wages and section 135(a) of the Labour Code. It also asks the Government to specify in its next report the number of men and women respectively affected by these violations, as well as information on the remedies provided and sanctions applied.

4. Part V of the report form. Statistics. The Committee recalls the importance of up to date and relevant statistics for an effective assessment of the progress made in achieving the objectives of the Convention. The Committee requests the Government to provide in its next report statistical information, disaggregated by sex, on the distribution of men and women in the different economic sectors, in the public and private sectors, and their corresponding levels of remuneration.

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

The Committee notes the communication, dated 15 September 2008, received from the Public Services Labor Independent Confederation (PSLINK) denouncing pay differences between men and women in the public sector. The communication was sent to the Government for its comments thereon. The Committee will examine the comments of PSLINK together with the Government’s reply at its next session.

Article 1(b) of the Convention. Work of equal value. The Committee recalls its previous observation in which it had continued to urge the Government to take the necessary steps to bring its legislation into conformity with the Convention. The Committee had noted in the past that, while section 135 of the Labour Code specifically referred to “work of equal value”, section 5(a) of the 1990 Rules implementing Republic Act No. 6725 of 12 May 1989, defined work of equal value to mean “activities, jobs, tasks, duties or services ... which are identical or substantially identical”. In the Committee’s view, this provision restricted the application of the principle of equal remuneration for men and women to jobs which were essentially the same – a concept which was narrower than that required by the Convention. The Committee had further recalled that a proposed amendment of section 135(a) of the Labour Code had provided for equal remuneration for men and women “for work of equal value whether the work or tasks are the same or of a different nature”. The Committee regrets to note that the Government, in its reply, merely restates section 135 of the Labour Code, without providing any further indication of its intention to bring its legislation into conformity with the Convention.

Article 3. Job evaluation. The Committee further regrets that the Government’s report, once again, omits to provide information about any methods available which permit the objective evaluation of jobs in accordance with Article 3(1) of the Convention. The Committee had noted in the past that the Department of Labor and Employment (DOLE) was developing such methods.

The Committee once again refers to its 2006 general observation on this Convention, as well as its previous observation of 2007, in which it explained the concept of “work of equal value” and emphasized the importance of promoting and developing methods to undertake an objective evaluation of jobs free from gender bias. The Committee strongly urges the Government to amend section 135(a) of the Labour Code or section 5(a) of the 1990 Rules implementing Republic Act No. 6725 of 12 May 1989 so as to finally bring its legislation into conformity with the Convention. The Committee also urges the Government to take measures to promote an objective evaluation of jobs, free from gender bias, taking into account the guidelines provided in its 2006 general observation. Please also supply information on any initiatives taken by the workers’ and employers’ organizations to determine wages on the basis of an objective evaluation of jobs.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 2 of the Convention. Promotion of the principle of the Convention. With reference to its previous comments on the measures taken to promote women in higher paying jobs not traditionally held by women, the Committee notes the information in the Government’s report that the training offered by the Women’s Centre of the Technical Education and Skills Development Authority (TESDA) has helped women graduates to find jobs in trade areas that are traditionally male dominated, such as welding. Some found employment in hotels, restaurants, on cruise ships, in engineering and construction companies, and automotive and electronic assembly plants. Furthermore, the Committee notes that some of the impact of the International Training Program and Third Country Training Programs for 2002–05 to build the capacity of managers and leaders of technical and vocational education and training (TVET) programmes to eliminate gender inequalities included integration of gender in TVET programmes, research on gender issues in enterprise development and TVET, and a budget allocation for gender mainstreaming. The Committee asks the Government to continue to provide information on the impact of vocational training and education programmes on the promotion of women into higher-paying jobs. Please also provide information, including statistics, on the percentage of women graduates that found employment in higher-paying jobs and on the specific impact of the International Training Program and Third Country Training Programs for 2002–05 on addressing equal pay issues in private enterprises.

2. Wage determination and collective agreements. Further to its observation, the Committee notes the statistics attached to the Government’s report regarding the daily minimum wage rates per industry and sector for the different geographical regions. It also notes that the Regional Tripartite Wages and Productivity Boards (RTWPBs) must take into account the Guidelines No. 1, series of 2005 issued by the National Wages and Productivity Commission (NWPC) when setting minimum wages. The guidelines recommend that “minimum wages shall be confined as much as possible to protecting the lowest paid workers from the vagaries of the labour market” and that “wage differentiation shall be based on such broad classifications as non-agriculture, agriculture and retail/service establishments employing not more than ten workers”. The guidelines further recommend that “determination of wages above the minimum wage shall be left to collective bargaining in the organized sector and employer-employee negotiations in the unorganized sector, and that these wages “may also be based on productivity and/or performance of the enterprise”. The Committee recalls that the Convention requires that rates of remuneration must be established without discrimination based on sex. The Committee asks the Government to provide information in its next report on the following points:

(a)   the measures it envisages to take with a view to ensuring that the principle of equal remuneration for men and women for work of equal value is taken into account in the minimum wage setting process. For instance, how do the NWPC and the RTWPBs ensure that rates fixed for female-dominated occupations are not set below the level of rates applying to male-dominated occupations involving work of equal value?

(b)   the number of men and women respectively employed in each of the industries and sectors covered by minimum wage orders;

(c)   copies of relevant collective agreements setting wages above the minimum wage as well as information on the number of men and women covered by these agreements and their distribution in the different wage levels;

(d)   the criteria and methods used by employers’ and workers’ organizations to determine the classification of jobs and their corresponding wage scales without discrimination based on sex.

3. Parts II and IV of the report form. The Committee notes that the inspections conducted on the basis of the Statistical Performance and Reporting System (SPRS) indicated that 10,535 establishments were reported for non-compliance with general labour standards. The most common violations were underpayment of minimum wages, non-payment or underpayment of regular holiday pay and 13th month pay and non-integration, non-payment or underpayment of cost-of-living allowances. The Committee encourages the Government to continue to provide information on detected violations of the national legislation on minimum wages and section 135(a) of the Labor Code. It also asks the Government to specify in its next report the number of men and women respectively affected by these violations, as well as information on the remedies provided and sanctions applied.

4. Part V of the report form. Statistics. The Committee recalls the importance of up to date and relevant statistics for an effective assessment of the progress made in achieving the objectives of the Convention. The Committee requests the Government to provide in its next report statistical information disaggregated by sex on the distribution of men and women in the different economic sectors, in the public and private sectors, and their corresponding levels of remuneration.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 1(b) of the Convention. Work of equal value. For a considerable number of years, the Committee has been asking the Government to bring its legislation into conformity with the Convention. The Committee had noted in this regard that section 5(a) of the 1990 Rules implementing Republic Act No. 6725 of 12 May 1989, which defined work of equal value to be “activities, jobs, tasks, duties or services ... which are identical or substantially identical”, appeared to restrict the application of the principle of equal remuneration for men and women workers to jobs which were essentially the same – a concept which was narrower than that required by the Convention. The Committee had further recalled that a proposed amendment of section 135(a) of the Labor Code provided for equal remuneration for men and women “for work of equal value whether the work or tasks are the same or of a different nature”. The Committee notes that in its reply the Government merely states that Republic Act (RA) No. 6727 (Wage Rationalization Act) and the Labor Code do not distinguish or differentiate between wages of men and women and that the minimum wages apply to all workers.

2. The Committee recalls its general observation of 2006 on this Convention in which it notes that:

… difficulties in applying the Convention in law and in practice result in particular from a lack of understanding of the scope and implications of the concept of “work of equal value”. … “Work of equal value” includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. …

The observation further noted that legal provisions that are narrower than the principle as laid down in the Convention hindered progress in eradicating gender-based pay discrimination against women at work because they do not give expression to the concept of “work of equal value”. In line with its general observation, the Committee urges the Government to take the necessary steps to amend its legislation so that it not only provides for equal remuneration for equal, the same or similar work, but also prohibits pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value. The Committee further reiterates its request to the Government to provide information on the measures taken to apply, in practice, the principle of equal remuneration between men and women for work of equal value where women and men carry out different work.

3. Article 3. Objective job evaluation. For a number of years the Committee has been asking the Government to provide information on any methods available which permit objective evaluation of jobs in accordance with Article 3(1) of the Convention. The Committee noted in the past that the Department of Labor and Employment (DOLE) was developing such methods. The Committee regrets to note that the Government’s report continues to omit information in this regard. The Committee refers to its general observation on this Convention which states that:

… in order to establish whether different jobs are of equal value, there has to be an examination of the respective tasks involved. This examination must be undertaken on the basis of entirely objective and non-discriminatory criteria to avoid an assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, it does presuppose the use of appropriate techniques for objective job evaluation (Article 3). … Whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias.

4. The Committee urges the Government to take measures to promote an objective evaluation of jobs free from gender bias taking into account the guidelines provided in its general observation of 2006. The Committee also asks the Government to supply information on any initiatives taken by the workers’ and employers’ organizations to determine wages on the basis of an objective evaluation of jobs.

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

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

1. Parts III and V of the report form. Inspection services and statistics. With reference to its previous comments concerning the new Statistical Performance and Reporting System (SPRS) to determine violations of standards effecting women workers, the Committee notes from the inspections conducted based on SPRS that about 177 establishments were reported for non-compliance with general labour standards and other policies affecting women workers, including the non-payment or underpayment of maternity benefits. The Committee welcomes this information and encourages the Government to continue to report on the number of establishments inspected and detected violations of section 135(a) of the Labour Code concerning equal pay.

2. Article 2 of the Convention. Promotion of the principle of the Convention. The Committee notes the measures taken by the Government to implement the recommendations proposed in the study named "Discrimination in the workplace in metro Manila" to promote women into higher paying jobs not traditionally held by women. It notes in particular, the "free-quality training" offered by the Womens’ Centre of the Technical Education and Skills Development Authority (TESDA) and the scholarships, awards and grants in science and technology offered by the Department of Science and Technology (DOST). The Committee asks the Government to provide information on the impact of these measures as well as any other steps taken or contemplated to promote women into higher paying jobs, including information on the number of women having participated in the training or having received grants or scholarships and who have consequently entered into higher paying jobs.

3. Article 2. Wage determination in collective agreements. With regard to the application of the Wage Rationalization Act (No. 6727 of 1989), the Committee notes the Government’s statement that the wages orders issued pursuant to the Act apply to all workers regardless of sex. It asks the Government to provide in its next report copies of wages orders adopted for sectors or industries with an indication of the numbers of men and women employed in these sectors or industries. The Committee would also appreciate receiving copies of recent collective agreements, including information on the criteria and methods used by workers’ and employers’ organizations to determine classifications of jobs and their corresponding wage scales without discrimination based on sex as well as information on the numbers of men and women covered by the agreement and their distribution in the different wage levels.

4. Article 3. Objective job evaluation. For a number of years, the Committee has been asking the Government to provide information on any methods available aimed at an objective evaluation of jobs in accordance with Article 3(1) of the Convention. In this regard, the Committee had noted from the Government’s report of 1999 that the Department of Labor and Employment (DOLE) was developing appropriate methods to promote an objective appraisal of jobs on the basis of the work to be performed. As no information has been received yet, the Committee reminds the Government that, when the value of different jobs has to be compared, it is important to have methods and a procedure which are easy to use and accessible and which ensure that sex is not taken directly or indirectly, into consideration as a criterion for comparison. The Committee urges the Government to take measures to this end and to provide information on any initiatives taken by workers’ and employer’s organizations to determine wages on the basis of an objective evaluation of jobs.

5. The Committee reiterates it request for information on the measures taken or envisaged by the Inter-Agency Task Force of Strategic Planning relating to the application of the Convention.

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

Article 1(b) of the Convention. Work of equal value. For a number of years the Committee had noted that section 5(a) of the 1990 Rules implementing Republic Act No. 6725 of 12 May 1989, which defined work of equal value to be "activities, jobs, tasks, duties or services […] which are identical or substantially identical", appears to restrict the application of the principle of equal remuneration for men and women workers to jobs which are essentially the same - a concept which is narrower than that required by the Convention. The Committee recalled in this regard that a proposed amendment of section 135(a) of the Labor Code provided for equal remuneration for men and women "for work of equal value whether the work or tasks are the same or of a different nature". Noting that the Government merely states in its reply that it has taken note of the Committee’s observation, the Committee stresses that, while there is no general obligation to enact legislation, existing legislative provisions that are not fully in conformity with the provisions of the Convention should be amended to bring it into conformity with the meaning of the Convention. It, therefore, hopes that the Government will make every effort to adopt the proposed amendment to the Labour Code or to amend its regulation, so that it is in conformity with Article 1(b) of the Convention. In the meantime, the Committee reiterates its request to the Government to provide information on the measures taken to apply, in practice, the principle of equal remuneration between men and women workers for work of equal value where women and men carry out different work.

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

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report.

1. The Committee notes with interest that the Bureau of Women and Young Workers (BWYW) has included in its Statistical Performance and Reporting System (SPRS) 2001-03 indicators to gauge or determine violations of specific standards affecting women workers in establishments inspected, starting year 2001 and beyond. These indicators include night work prohibition, non-payment of maternity benefit, discrimination (Article 135), stipulation against marriage and prohibited acts (Article 137). The Department’s Bureau of Labor and Employment Statistics (BLES) shall include the consolidated statistics in the regular (quarterly and yearly) publications. The Committee further notes that the Bureau of Working Conditions (BWC) provides for a macro sex-disaggregated data on workers employed in all establishments inspected and establishment found with violators. It asks the Government to provide the abovementioned statistical data as soon as they become available.

2. The Committee notes the findings of the study conducted from March to October 2000 by the BWYW entitled "Discrimination at the Workplace in Metro Manila" on discriminatory work practices, as summarized by the Government in its report. It notes that, according to the study the average salary of a typical female worker is 91.6 per cent that of men (8.4 per cent wage gap). The Committee notes further from the study that there is no discrimination based on sex in the provision of monetary and other fringe benefits, and that sex is an "insignificant" criterion in the selection of trainees, as well as in promotion opportunities. The study recommends that action be taken by the Government to strengthen the programmes on non-traditional technical and technology skills training for women and that the school system, at both the elementary and secondary level, should develop programmes that encourage socially disadvantaged groups (like women) to enrol in mathematics and science courses, which would enable them to prepare and pursue high-paying scientific, technical and professional occupations. The Committee asks the Government to provide a copy of the study and to state the concrete measures it intends to take to implement its recommendations.

3. The Committee notes that it has not received any information in response to some of its previous comments. It must therefore repeat its previous comments regarding the following points and hopes the Government will include this information in its next report:

[…]

3. Further to its previous comments concerning the application of the Wage Rationalization Act (No. 6727 of 1989) which declares a policy of rationalizing minimum wages and promotes wage fixing through collective agreements, the Committee requests the Government to provide information on criteria and methods which have been used to determine the classification of jobs and their corresponding wage scales. The Committee further notes the statement by the Government that the DOLE is developing appropriate methods to promote an objective appraisal of jobs on the basis of the work to be performed. The Committee is looking forward to receiving a copy of the job evaluation instrument, once finalized, and reiterates its request for information concerning the extent to which employers and workers have embarked upon fixing wages in collective agreements on the basis of job evaluation.

[…]

5. Referring to its previous direct request, the Committee hopes that the Government’s next report will contain information on the measures taken or envisaged by the Inter-Agency Task Force for Strategic Planning related to the application of the Convention.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

In its previous requests, the Committee noted that section 5(a) of the 1990 Rules implementing Republic Act No. 6725 of 12 May 1989, which defined work of equal value to be "activities, jobs, tasks, duties or services […] which are identical or substantially identical", would appear to restrict the application of the principle of equal remuneration for men and women workers to jobs which are essentially the same - a concept which is narrower than that required by the Convention. In this regard, the Committee recalls that a proposed amendment of section 135(a) of the Labor Code provided for equal remuneration for men and women "for work of equal value whether the work or tasks are the same or of a different nature". The Committee hopes the Government will take action soon to adopt the proposed amendment to the Labor Code and to amend its regulation, so that it is in conformity with the Convention. It also requests the Government to provide information on the measures taken to apply in practice the principle of equal remuneration between men and women workers for work of equal value where women and men carry out different work.

The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information in the Government’s report.

1.  With reference to the proposed amendment of section 135(a) of the Labor Code, initiated by the Bureau of Women and Young Workers (BWYW), and aimed at including a provision for equal remuneration for men and women "for work of equal value, whether the work or remuneration are the same or of a different nature, in accordance with Convention No. 100", the Committee notes that the proposal has been included in the Department of Labor and Employment (DOLE) Labor Code review project. It notes that the project is under the overall supervision of the Bureau of Labor Relations (BLR), and has been considered at a number of levels, including at the central office agencies in October 1999, tripartite consultations with the Tripartite Executive Committee of the Tripartite Industrial Peace Council and at the regional level in November 1999, and the Congressional Commission on Labour in February 2000. The Committee asks the Government to keep it informed on the progress of the draft amendment and also to provide up-to-date information on concrete measures taken to ensure that the principle of equal remuneration for work of equal value for men and women is applied, including its application in those situations where women and men carry out different work.

2.  The Committee notes the statistical information based on the report of the Statistical Performance and Reporting System (SPRS) indicating that, out of 57,623 establishments inspected in 1997, there were 51.6 per cent with general labour violations, out of which eight (0.03 per cent) were found to be in contravention of standards relating to women workers. It notes that, currently, the Department of Labor and Employment is conducting a review of SPRS indicators, in which the Bureau of Women and Young Workers proposes including gender-specific indicators, including one on equal pay. The Committee asks the Government to continue to provide information on labour inspections, including any corrective measures taken. It also asks for further information on the findings of the SPRS indicators review and on measures taken to include gender-specific components, as well as any action taken as a result to ensure the application of the Convention.

3.  The Committee notes that the BWYW is conducting a study on discriminatory work practices in Metro Manila with regard to hiring, promotion, pay and access to training, with the aim of identifying solutions and strategies to mitigate if not eliminate such practices. In this respect, the Committee notes with interest the decision of the Supreme Court in Case No. G.R. No. 128845 regarding the principle of equal pay for work of equal value between local and non-local staff at an international school, and asks the Government to provide information on any other judicial or administrative decisions regarding equal remuneration for work of equal value. It also asks the Government to provide information on the findings of the discriminatory work practice study conducted by the BWYW, including any steps taken or envisaged to implement its findings.

4.  With reference to its previous comments on other matters, the Committee notes that the Government’s report does not contain any information in response. It must therefore repeat its previous comments regarding the following points and hopes the Government will include this information in its next report:

2.  The Committee notes that the Government’s report does not contain any relevant statistical data or other information which would enable it to assess the nature, scope and extent of inequalities in remuneration and the progress made to eradicate them. It notes, however, from statistical data on men’s and women’s wages by economic activity published in the 1998 ILO Yearbook of labour statistics that, in 1995, women’s wages constituted 74.2 per cent of those of men in the manufacturing sector and 83.3 per cent in the gas, electricity and water sector, while in the area of construction, men’s wages were 72.5 per cent of women’s wages. The Committee requests the Government to provide, in its next report, information on the underlying causes of the wage differences between men and women in the abovementioned sectors. The Committee also draws the Government’s attention to its 1998 general observation on the Convention and requests the Government to supply recent data disaggregated by sex, age and occupational level on men’s and women’s earnings in the various sectors of the economy in order to permit an assessment of the progress made in promoting and ensuring the application of equal remuneration for men and women workers of work of equal value in both the private and public sectors. It also reiterates the wish that the Government - as well as the employers’ and workers’ organizations - will endeavour to collect the information requested in its previous direct request on the distribution of men and women in sectors covered by collective agreements, by earnings levels classified by occupation and grade. It also encourages the Government to make efforts to undertake the study on pay equity by the Bureau of Working Conditions (BWC) of the DOLE, and hopes this study will throw light on the general status of men and women.

3.  Further to its previous comments concerning the application of the Wage Rationalization Act (No. 6727 of 1989) which declares a policy of rationalizing minimum wages and promotes wage fixing through collective agreements, the Committee requests the Government to provide information on criteria and methods which have been used to determine the classification of jobs and their corresponding wage scales. The Committee further notes the statement by the Government that the DOLE is developing appropriate methods to promote an objective appraisal of jobs on the basis of the work to be performed. The Committee is looking forward to receiving a copy of the job evaluation instrument, once finalized, and reiterates its request for information concerning the extent to which employers and workers have embarked upon fixing wage rates in collective agreements on the basis of job evaluation.

…

5.  Referring to its previous direct request, the Committee hopes that the Government’s next report will contain information on the measures taken or envisaged by the Inter-Agency Task Force for Strategic Planning related to the application of the Convention.

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

The Committee notes the information contained in the Government's report and the collective agreements attached.

1. In its previous request, the Committee noted that section 5(a) of the 1990 Rules implementing Republic Act No. 6725 of 12 May 1989, which defined work of equal value to be "activities, jobs, tasks, duties or services ... which are identical or substantially identical", would appear to restrict the application of the principle of equal remuneration for men and women workers to jobs which are essentially the same -- a concept which is narrower than that required by the Convention. In this regard, the Committee notes with interest that a proposed amendment of section 135(a) of the Labor Code provides for equal remuneration for men and women "for work of equal value whether the work or tasks are the same or of a different nature". The Committee hopes that the proposed Act to amend the Labor Code will soon be adopted and requests the Government to supply a copy of the Act, as adopted, to the Office. While noting the Government's statement that it will study whether section 5(a) of the Rules really restricts the application of equal remuneration, the Committee hopes that the Government will take the necessary action to amend the 1990 Rules in line with the scope of the Convention, and provide information on any further developments in this regard. While noting the action taken in 1990 by the Bureau for Women and Young Workers (BWYW) of the Department of Labor and Employment (DOLE) to disseminate information on the requirements of Act No. 6725 and its implementing Rules, the Committee hopes that the Government will be able to provide, in its next report, more recent information on how Act No. 6725 and in particular section 5(a) of the implementing Rules are applied in practice, including the means by which the principle of equal remuneration between men and women workers for work of equal value is applied in situations where women and men carry out different work.

2. The Committee notes that the Government's report does not contain any relevant statistical data or other information which would enable it to assess the nature, scope and extent of inequalities in remuneration and the progress made to eradicate them. It notes, however, from statistical data on men's and women's wages by economic activity published in the 1998 ILO Yearbook of labour statistics that, in 1995, women's wages constituted 74.2 per cent of those of men in the manufacturing sector and 83.3 per cent in the gas, electricity and water sector, while in the area of construction, men's wages were 72.5 per cent of women's wages. The Committee requests the Government to provide, in its next report, information on the underlying causes of the wage differences between men and women in the abovementioned sectors. The Committee also draws the Government's attention to its 1998 general observation on this Convention and requests the Government to supply recent data disaggregated by sex, age and occupational level on men's and women's earnings in the various sectors of the economy in order to permit an assessment of the progress made in promoting and ensuring the application of equal remuneration for men and women workers of work of equal value in both the private and public sectors. It also reiterates the wish that the Government ó as well as the employers' and workers' organizations ó will endeavour to collect the information requested in its previous direct request on the distribution of men and women in sectors covered by collective agreements, by earnings levels classified by occupation and grade. It also encourages the Government to make efforts to undertake the study on pay equity by the Bureau of Working Conditions (BWC) of the DOLE, and hopes this study will throw light on the general status of men and women.

3. Further to its previous comments concerning the application of the Wage Rationalization Act (No. 6727 of 1989) which declares a policy of rationalizing minimum wages and promotes wage fixing through collective agreements, the Committee requests the Government to provide information on criteria and methods which have been used to determine the classification of jobs and their corresponding wage scales. The Committee further notes the statement by the Government that the DOLE is developing appropriate methods to promote an objective appraisal of jobs on the basis of the work to be performed. The Committee is looking forward to receiving a copy of the job evaluation instrument, once finalized, and reiterates its request for information concerning the extent to which employers and workers have embarked upon fixing wage rates in collective agreements on the basis of job evaluation.

4. The Committee notes from the Government's report that the BWYW is responsible for the formulation of policies, rules and regulations implementing the provisions of the Labor Code and other laws relating to women, the undertaking of studies and research and the provision of advice to the DOLE with regard to the enforcement of these provisions. The Committee further notes from the information provided by the Government under Convention No. 111 that the Administrative Order No. 47, series of 1997, issued by the DOLE, incorporated violations of Republic Act No. 6725 as part of items on the inspection lists of the labour inspectorate in 1997. The Committee requests the Government to supply copies of any policy advice, studies or research provided by the BWYW in relation to the promotion and supervision of the principle of equal remuneration for work of equal value, and to provide information on the number of inspections carried out by the labour inspectorate with regard to equal pay, the number of violations found, and the action taken.

5. Referring to its previous direct request, the Committee hopes that the Government's next report will contain information on the measures taken or envisaged by the Inter-Agency Task Force for Strategic Planning related to the application of the Convention.

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

The Committee notes with interest the adoption of Memorandum Order No. 258 establishing an Interagency Task Force for Strategic Planning and Research for Human Rights Protection. The Committee requests the Government to provide information on measures taken or envisaged by the Task Force related to the application of the Convention.

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:

1. Further to its previous comments, the Committee notes the information provided in the Government's report and attached documentation, including a copy of the 1990 Rules implementing Republic Act No. 6725 of 12 May 1989. The Committee notes that under section 5(a) of the Rules, the payment of lower compensation or benefits to a female employee compared to a male employee for work of equal value is denoted as an act of discrimination. While observing that section 135 of the Act does encompass the principle of the Convention, the Committee notes that under section 5(a) of the Rules "... work of equal value refers to activities, jobs, tasks, duties or services ... which are identical or substantially identical". As this definition would appear to restrict the application of equal remuneration for men and women workers to jobs which are essentially the same -- a concept which is narrower than that required by the Convention -- the Committee recommends that a phrase be added to this provision of the Rules to indicate that work of a different nature, but of "equal value", is also covered. The Committee also requests the Government to provide information in its next report on the application of this provision, including any material that may have been prepared and distributed to employers and to workers and their representatives to explain and publicize the requirements of Act No. 6725 and its implementing Rules.

2. The Committee notes the provisions of the Wage Rationalization Act (Republic Act No. 6727 of 1989) whereby the State has declared a policy of rationalizing the fixing of minimum wages and of promoting productivity-improving and gain-sharing measures to ensure a decent standard of living for workers and their families; of guaranteeing labour a just share in the fruits of production; of enhancing employment generation in the countryside through the dispersal of industry; and of allowing business and industry reasonable returns on investment, expansion and growth (section 2). The Committee also notes from the same section that the State is to promote collective bargaining as the primary means of setting wages and other terms and conditions of employment and that minimum wage rates are to be adjusted, whenever necessary, in a fair and equitable manner, considering existing regional disparities in the cost of living and other socio-economic factors and the national economic and development plans. The Committee requests the Government to furnish with its next report, copies of any collective agreements setting wage rates in sectors in which the percentage of women is at least equal to that of men, together with information on the respective numbers of women and men covered by the agreements and their distribution among different jobs and grades. In its report, the Government states that the Wage Rationalization Act aims to promote the objective appraisal of jobs on the basis of the work to be performed and the cooperation of the employers' and workers' organizations concerned. While noting that the Department of Labor and Employment (DOLE) has not yet adopted any method to promote an objective appraisal of jobs, the Committee requests the Government to provide some indication concerning the extent to which employers and workers have embarked upon fixing wage rates in collective agreements on the basis of job evaluations. The Committee hopes that the Government will provide copies of the study on pay equity planned to be undertaken by the Bureau of Working Conditions of the DOLE, which it mentions in its report.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. Further to its previous comments, the Committee notes the information provided in the Government's report and attached documentation, including a copy of the 1990 Rules implementing Republic Act No. 6725 of 12 May 1989. The Committee notes that under section 5(a) of the Rules, the payment of lower compensation or benefits to a female employee compared to a male employee for work of equal value is denoted as an act of discrimination. While observing that section 135 of the Act does encompass the principle of the Convention, the Committee notes that under section 5(a) of the Rules "... work of equal value refers to activities, jobs, tasks, duties or services ... which are identical or substantially identical". As this definition would appear to restrict the application of equal remuneration for men and women workers to jobs which are essentially the same - a concept which is narrower than that required by the Convention - the Committee recommends that a phrase be added to this provision of the Rules to indicate that work of a different nature, but of "equal value", is also covered. The Committee also requests the Government to provide information in its next report on the application of this provision, including any material that may have been prepared and distributed to employers and to workers and their representatives to explain and publicize the requirements of Act No. 6725 and its implementing Rules.

2. The Committee notes the provisions of the Wage Rationalization Act (Republic Act No. 6727 of 1989) whereby the State has declared a policy of rationalizing the fixing of minimum wages and of promoting productivity-improving and gain-sharing measures to ensure a decent standard of living for workers and their families; of guaranteeing labour a just share in the fruits of production; of enhancing employment generation in the countryside through the dispersal of industry; and of allowing business and industry reasonable returns on investment, expansion and growth (section 2). The Committee also notes from the same section that the State is to promote collective bargaining as the primary means of setting wages and other terms and conditions of employment and that minimum wage rates are to be adjusted, whenever necessary, in a fair and equitable manner, considering existing regional disparities in the cost of living and other socio-economic factors and the national economic and development plans. The Committee requests the Government to furnish with its next report, copies of any collective agreements setting wage rates in sectors in which the percentage of women is at least equal to that of men, together with information on the respective numbers of women and men covered by the agreements and their distribution among different jobs and grades. In its report, the Government states that the Wage Rationalization Act aims to promote the objective appraisal of jobs on the basis of the work to be performed and the cooperation of the employers' and workers' organizations concerned. While noting that the Department of Labor and Employment (DOLE) has not yet adopted any method to promote an objective appraisal of jobs, the Committee requests the Government to provide some indication concerning the extent to which employers and workers have embarked upon fixing wage rates in collective agreements on the basis of job evaluation. The Committee hopes that the Government will provide copies of the study on pay equity planned to be undertaken by the Bureau of Working Conditions of the DOLE, which it mentions in its report.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information contained in the report of the Government and the documentation appended thereto.

1. With reference to its previous comments, the Committee notes the Government's reference to the Rules Implementing Republic Act 6725 and to the copies of the statistical data on wage rates and earnings of men and women. As these documents were not received with the report, the Committee would be grateful if the Government would transmit this material to the Office.

2. On a previous occasion, the Committee had commented on an occupational survey which appeared to have been undertaken as a basis for evaluating and classifying occupations, in accordance with the principle of equal pay for work of equal value. The Committee notes from the report that even though the purpose of that survey was to prepare occupational briefs for selected occupations, the Government has indicated that the briefs could indeed provide relevant information for an evaluation exercise. The Committee hopes that the Government will consider making use of the information derived from the survey so as to embark upon an objective appraisal of jobs and that it will provide further information on this matter in its next report.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Further to its previous comments, the Committee notes with interest that in implementing the Philippine Development Plan for Women (1989-1992), the Department of Labour and Employment has prioritized the promotion of equal opportunity in employment and, to this end, has undertaken a number of activities, including preparing a monograph outlining the practical ways of promoting equality in the workplace and researching to what extent wage disparities between men and women are based on sex. The Committee requests the Government to continue to provide information on the extent to which these various activities further the application of the Convention.

The Committee has also noted that a number of legislative bills have been filed in the Congress to complement and strengthen existing measures to promote equal opportunity in employment. The Committee requests the Government to furnish the texts of any legislation adopted which is relevant to the application of the Convention.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information supplied in the Government's report, in reply to the Committee's previous direct request.

1. Referring to its observation, the Committee notes that the Department of Labour and Employment has adopted rules to implement Article 135 of the Labour Code (as amended by Republic Act 6725) which are also intended to serve as procedural guidelines for labour inspectors. The Committee would be grateful if the Government would supply a copy of these rules.

2. In order to appraise the extent to which the wage differential has been reduced through the application of the Convention, the Committee requests the Government to provide, in its next report: (i) statistical data concerning the minimum or basic wage rates and the average actual earnings of men and women in the economy, broken down, where possible, by occupation or sector of employment, seniority or skill level as well as information on the percentage of women employed in different occupations or sectors; and (ii) examples of collective agreements fixing wage rates in a range of enterprises or organisations together with an indication of the percentage of women covered by these agreements and the percentage of men and women employed at different levels.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

1. Further to its previous comments, the Committee notes with interest that following the 1989 amendment to Article 135 of the Labour Code (which provides for penal sanctions to be imposed for acts of discrimination against women, including discrimination in remuneration for work of equal value), the Government has taken a number of measures to further the application of the Convention. In this regard, the Committee notes that the Bureau of Local Employment (Department of Labour and Employment) is conducting a survey in each occupational sector to compile information on the requirements of different jobs and the salaries paid with a view to evaluating and classifying posts in accordance with the principle of equal pay for work of equal value. The Committee requests the Government to supply details on the methods and critera used to prepare this classification and to supply information on the outcome of the project.

2. The Committee also notes with interest that within the context of implementing the Philippine Development Plan for Women (1989-1992), a sub-committee has been established in the Department of Labour to define the activities which should be undertaken to implement equal employment opportunity, including pay equity. The Committee requests the Government to supply information concerning the results of this initiative.

3. The Committee notes from the report that a Bill (No. 151) has been introduced into the House of Senate concerning equality of opportunity for women, which would also establish implementing machinery for this purpose. The Committee requests the Government to furnish the text of any legislation adopted on this topic and to provide information concerning its relevance to the application of the Convention.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the Government's report and the replies to its previous direct request.

1. With reference to to its observation, the Committee requests the Government to supply in its next report information on the practical effect given to section 135 of the Labour Code, as amended. Please indicate in particular whether measures have been taken to promote the objective appraisal of jobs on the basis of work to be performed, so as to assess what constitutes work of equal value (Article 3, paragraph 3, of the Convention; see also paragraph 21 of the 1986 General Survey on the application of the present Convention and the corresponding Recommendation No. 90).

2. The Committee notes the information provided by the Government on the programme of activities of the National Commission on Women as well as the adoption of Administrative Order No. 93 of 6 October 1988 to strengthen this Commission. It notes that the activities described in the report tend to strengthen the role of women in employment generally. The Committee would be grateful if the Government would keep it informed of any activities of the National Commission on Women, or other bodies, that have a specific bearing on the application of the principle of equal remuneration to men and women workers for work of equal value.

3. The Committee notes the statement in the Government's report, under point V of the report form, that there are no official reports of any contraventions pertaining to the application of the Convention. Further to the adoption of Republic Act No. 6725, please continue to provide information under this point.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Further to its previous comments, the Committee notes with satisfaction the adoption of Republic Act No. 6725 of 12 May 1989 which amends section 135 of the Labor Code by making unlawful and liable to penal sanctions, inter alia, payment of a lesser compensation, including wage, salary or other fringe benefits, to a female employee as against a male employee, for work of equal value.