Observation (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

The Committee notes the Government's report.

Article 1(d) of the Convention. In its previous comments the Committee noted that in case of a planned or current strike in an industry considered indispensable to national interest, the Secretary of Labour and Employment may assume jurisdiction over the dispute and decide it or certify it for compulsory arbitration. Furthermore, the President may determine the industries indispensable in his opinion to the national interest and assume jurisdiction over a labour dispute (section 263(g) of the Labour Code). The declaration of a strike after assumption of jurisdiction or submission to compulsory arbitration is prohibited (section 264).

Participation in an illegal strike is punishable by imprisonment (involving under section 1727 of the Revised Administrative Code an obligation to perform labour) of up to three years (section 272(a) of the Labour Code). The revised Penal Code also lays down sanctions of imprisonment (section 146).

The Committee notes the Government's renewed indication in its report that section 1727 of the revised Administrative Code is not a penalty and should not be interpreted as in violation with the Convention. The Government states that prison labour enables the prisoner to lead a productive and useful life, maintain self-worth and avoid boredom and self-pity; prisoners receive compensation.

The Committee notes that the Government refers also to its previous statements in relation to the application of Convention No. 87 where it indicated that there is no automatic prosecution for illegal strikes. The Committee refers in this regard to its 1991 comments concerning Convention No. 87.

With reference to paragraphs 102 to 109 as well as 123 of its 1979 General Survey on the Abolition of Forced or Compulsory Labour, the Committee recalls that labour imposed on persons as a consequence of a conviction in a court of law will in most cases have no relevance to the application of the Convention, but that, on the other hand, any form of compulsory labour, including prison labour, is covered by the Convention if imposed in any of the five cases specified by the Convention. The Committee further recalls with reference to paragraph 123 of the above-mentioned General Survey that any compulsory arbitration enforceable with penalties, involving compulsory labour, must be limited to services whose interruption would endanger the life, personal safety or health of the whole or part of the population.

The Committee notes that the Constitution of the Philippines grants all workers the right to strike (article XIII(3)). Noting also recent information from the Government that ILO's technical assistance is being sought for reform of the national labour laws, the Committee hopes that the Government will indicate the measures taken or envisaged to bring the legislation into conformity with the Convention.