Observation (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee takes note of the information provided by the Government in its latest report.

The Committee notes with interest that according to the Government’s report, the Congressional Commission on Labor has made recommendations with respect to its comprehensive review of the Labor Code, which would respond to the previous comments made by the Committee in respect of section 263(g) of the Labor Code, by limiting the jurisdiction of the Secretary of Labor on disputes involving national interest to disputes involving essential services only as defined by the supervisory bodies of the ILO. The Government adds that this recommendation will likely be implemented through amendments to the existing Labor Code. The Committee requests that the Government keep it informed of the progress made in this respect and transmit a copy of the amendments as soon as they have been adopted.

Noting that the Government’s report contains no additional information in respect of the other points raised in its last observation, the Committee recalls its previous comments concerning the following discrepancies between the national legislation and the requirements of the Convention:

Articles 2 and 5 of the Convention

-  The need to review the requirement that at least 20 per cent of workers in a bargaining unit are members of a union (section 234(c) of the Labor Code).

-  The requirement of too high a number of unions (ten) to establish a federation or a national union (section 237(a)).

-  The prohibition of aliens (other than those with valid permits if the same rights are guaranteed to Filipino workers in the country of the alien workers), from engaging in any trade union activity (section 269) under the penalty of deportation (section 272(b)), and the provisions of the Department Order No. 9 amending the rules implementing Book V of the Labor Code, which confirm such restrictions.

Article 3

-  The following provisions which set forth disproportionate sanctions for participation in an illegal strike: the dismissal of trade union officers and penal liability to a maximum of three years (sections 264(a) and 272(a) of the Labor Code) and the penalty of "reclusion perpetual" to death for organizers or leaders of any meeting held for propaganda purposes against the Government, the word "meeting" being understood to include picketing of labour groups (section 146 of the revised Penal Code).

Noting the Government’s reference to the ongoing comprehensive review of the Labor Code, the Committee expresses the firm hope that the necessary measures will be taken in the near future to amend the legislation in respect of the abovementioned points, and requests the Government to indicate, in its next report, the progress made in this respect.