Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 189) sur les travailleuses et travailleurs domestiques, 2011 - Philippines (Ratification: 2012)

Autre commentaire sur C189

Demande directe

2020
2015

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Articles 2 and 18 of the Convention. Scope of Application. Consultations. The Committee welcomes the Government’s report received in August 2018. The Government indicates that it has held a series of consultations with the social partners and concerned agencies since 2009 on issues related to the implementation of the Convention. The Committee notes that the Department of Labour and Employment (the DOLE) consulted with workers’ associations, employers, civil society organizations, national and local government agencies, and formed a Technical Working Group which was actively involved in lobbying before Congress during the process of the passage of the Domestic Workers Act/ Republic Act No. 10361 (hereinafter RA 10361). It also notes that the National Tripartite Peace Council (hereinafter the NTIPC) held consultations both on the Implementing Rules and Regulations (IRR) of the RA 1036 and the DOLE Department Order No. 141, series of 2014 or the Revised Rules and Regulations Governing Recruitment and Placement for Local Employment (hereinafter DO 141-14) before they were endorsed by the Secretary of Labour and Employment. The Committee requests the Government to continue to provide information regarding consultations held with the most representative organizations of employers and workers and, where they exist, with organizations representative of domestic workers with regard to the exclusion of categories of workers from the scope of application of the Convention (Article 2(2) of the Convention) and to measures taken to protect domestic workers recruited or placed by private employment agencies against abusive practices (Articles 15(2) and 18 of the Convention).

Article 3(2) (a). Freedom of association. The Government indicates that the NTIPC, reconstituted by virtue of Republic Act No. 10395 as the main consultative and advisory mechanism lodged with the DOLE, is replicated at the regional and industry levels through the Regional Tripartite Industrial Peace Councils (RTIPCs) and Industry Tripartite Council, respectively. The Committee notes that these tripartite mechanisms were expanded to include representatives not only from the formal sector, but also from youth, women, migrants, and the informal economy, where domestic workers are concentrated, to ensure that the rights, interests and special concerns of workers in all sectors are promoted and protected. Recalling that under Rule IV(17) of the IRR, the RTIPC shall create within the Council a subcommittee to ensure adequate representation of domestic workers in social dialogue on issues and concerns specific to their work and their welfare, the Committee notes that the Government does not clarify whether this subcommittee has been created. On the other hand, the Government indicates that, in 2017, a workers’ association, formed by domestic workers was registered with the DOLE. In this respect, the Committee notes that workers’ associations are labour organizations usually formed by groups of itinerant, ambulant, intermittent, self-employed, rural workers and those workers without definite employers (workers in the informal economy), for mutual aid and protection of its members or for any legitimate purpose other than collective bargaining. In its 2016 comments on the application of the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No.87), the Committee noted that House Bill No. 5886, which will possibly be pursued in the next Congress as refiled House Bill No. 1354, while recognizing a degree of participation in trade union activities to all migrants, only recognizes the right to self-organization and the right to join and assist labour organizations, to migrants aliens with a valid working permit. The Committee also recalled that the right of workers, without distinction whatsoever, to establish and join organizations of their own choosing implies that anyone residing in the territory of a State, whether or not they have a residence or a working permit, benefits from the trade union rights provided by the Convention. The Committee reiterates its request that the Government provide information on the constitution of the subcommittee to ensure adequate representation of domestic workers in social dialogue, pursuant to Rule IV (17) of the IRR, as well as other measures taken or envisaged to ensure domestic workers’ freedom of association and collective bargaining rights.

Articles 3(2) (b) and (d), 8 and 15. Migrant domestic workers. The Committee notes that the Government has increased its efforts to provide anti-trafficking training to its officials, Philippines troops and law enforcement officers prior to their deployment abroad on international peacekeeping missions. In this context, the Department of Foreign Affairs provided training on human trafficking for its diplomatic personnel prior to overseas deployment, formally launched its handbook on trafficking, and issued new guidelines to its Foreign Service personnel about employment of personal staff. The Government indicates that its officials continued to cooperate with other Governments to pursue international law enforcement action against suspected foreign traffickers, most of which involved sexual exploitation of children. The Committee also notes that the Government maintained protection efforts and continued to implement formal procedures to identify victims in the Philippines and overseas and to refer them to official agencies or NGOs facilities for care. Moreover, the Government indicates that the Philippines Overseas Employment Administration (POEA) launched a social media campaign to educate people about illegal recruitment. The Committee recalls that it has been raising a number of issues with regard to migrant domestic workers in the context of the application of other ILO Conventions. The Committee notes that in its concluding observations of 22 July 2016, the UN Committee on the Elimination of Discrimination against Women (CEDAW), noted with concern that the Government remains a source country for international and internal trafficking, including for sexual exploitation, forced labour and domestic servitude. The CEDAW pointed out, among other issues, the lack of designated shelters for victims of trafficking as well as support for rehabilitation and reintegration (CEDAW/C/PHL/CO/7-8, para. 27). The Committee also recalls that in its 2012 comments on the application of Migration for Employment Convention (Revised), 1949 (No. 97) and Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), the Committee noted that almost one third of the Filipino overseas workers in 2010 were deployed in domestic work, 98 per cent of them being female migrant workers. Referring to its comments under Convention No. 29, the Committee requests the Government to provide further information on the measures taken, at the national and international levels, to strengthen the mechanisms to eliminate all forms of forced or compulsory labour in relation to domestic workers, especially migrant domestic workers recruited through private employment agencies. It reiterates its request that the Government provide practical information on the investigations of complaints, alleged abuses and fraudulent practices concerning the activities of private employment agencies in relation to domestic workers, including migrant domestic workers. With regard to the issue of age restriction for the departure of household service workers, the Committee refers once again the Government to its comments under Conventions Nos 97 and 143.

Article 4. Child domestic workers. The Committee notes the information provided by the Government on legislation aiming to prevent and eliminate the worst forms of child labour. The Government indicates that the Joint Memorandum Circular (hereinafter JMC) on the Protocol on the Rescue and Rehabilitation of Abused Kasambahay (domestic workers), signed in October 2015, provides guidelines to all concerned agencies for the immediate rescue and rehabilitation of abused or exploited domestic workers nationwide. It also indicates that DO 141-14 classifies recruitment and placement of workers in violation of anti-child labour laws as a serious offense with an imposable penalty of cancellation of authority to recruit of private employment agencies and that the Department Order No. 149 of 2016 on Guidelines in Assessing and Determining Hazardous Work in Employment of Persons below 18 years of age lists work and activities which are considered as hazardous to domestic workers below 18 years of age. In addition, the Committee takes note of the Republic Act No. 9155, which stipulates the establishment of the Alternative Learning System in cases where formal basic education in schools is impossible. The Committee also notes the Department Order No. 159, issued in June 2016 on the Guidelines for the Employment of Migratory Sugarcane Workers, which includes a provision on prohibition against child labour. The Committee recalls that, in its 2019 comments on the Worst Forms of Child Labour Convention, 1999 (No. 182), it urged the Government to strengthen its efforts to ensure that Republic Act No. 10361 is effectively applied and that sufficiently effective and dissuasive penalties are imposed in practice on persons who subject children under 18 years of age to domestic work in hazardous or exploitative conditions. The Committee also requested the Government to indicate the measures taken to rescue and rehabilitate abused domestic workers following the JMC and the results achieved in terms of the number of child domestic workers rescued and rehabilitated. In this regard, the Committee refers the Government to its observation under Convention No. 182 and trusts that the Government will provide information on these issues in this framework.

Article 10. Equal treatment between domestic workers and workers in general. Working hours and stand-by work. In response to Committee’s previous comment, the Government indicates that the DOLE issued Labour Advisory No. 10, in June 2018, reaffirming the entitlements of domestic workers to rights and benefits under RA 10361 and to labour standard benefits which are also enjoyed by workers in the formal sector, such as Special Leave Benefit, Solo Parent Leave, Violence Against Women and their Children Leave. The Committee also notes that, regarding migrant domestic workers, the Government has signed Bilateral Labour Agreements with major countries of destination to ensure ethical and fair recruitment standards, adopt Standard Employment Contracts (hereinafter SECs), give focus to priority areas of cooperation, and establish mechanisms for cooperation. The Government requires that all SECs limit the hours of Filipino domestic workers to a maximum of eight hours per day, six days per week and that they specify that work in excess of eight hours should be compensated with overtime pay. The Committee requests the Government to continue to provide information on how the principle of equal treatment between domestic workers and workers in general is ensured in practice. It also reiterates its request that the Government provide information on the regulation of standby work pursuant to Article 10(3) of the Convention, and taking into consideration Paragraph 9 of the Domestic Workers Recommendation, 2011 (No. 201).

Article 11. Minimum wage. The Government indicates that, as of June 2018, sixteen regions issued minimum wage orders for domestic workers, granting increases in the minimum wage of domestic workers ranging from PHP300.00 to PHP2.000.00. With regard to the competency-based pay scheme, it indicates that coordination with the Technical Education and Skills Development Authority is ongoing with regard to the number of domestic workers who have participated in trainings provided by the authority. The Committee reiterates its request that the Government provide information on the effectiveness and impact of the competency-based pay scheme and on the number of domestic workers that have been granted wage increases pursuant to the application of this scheme.

Article 14. Social security. The Committee notes that the Government has established a series of programs to extend social security coverage to domestic workers. The Government indicates that, under the Employee's Compensation (EC) Program, locally employed domestic workers are mandatorily covered under the purview of the Employee's Compensation Commission (ECC). Furthermore, the Government indicates that domestic workers are entitled to benefits accorded through Presidential Decree No. 626 that include: medical benefits; rehabilitation services; disability benefits; death benefits; and other common income benefits. With regard to the issue of registration of domestic workers, the Government indicates that under RA 10361, the employer has the obligation to register the domestic worker, deduct, and remit the required Social Security System (SSS) premiums and contributions. The Committee notes that the SSS has instituted a series of programs for domestic workers to handle and streamline the registration process for household employers and domestic workers. It further notes that, as of December 2017, 181.210 domestic workers have been registered under SSS, representing a 58 per cent increase from the number of registered domestic workers in 2013. In addition, the total number of beneficiaries, both members and dependents of domestic workers, under PhilHealth amounts to 121,308 persons, an increase of 3.20 per cent since 2016. With regard to the issue of extending social security coverage to domestic workers working for multiple employers, the Committee notes that, while, part-time domestic workers working for multiple employers are not covered under the EC Program, their coverage is already approved by the ECC. The Committee notes that in 2018 the implementing guidelines were being drafted for consultation with stakeholders. Furthermore, the Government indicates that for domestic workers with multiple employers, the SSS has existing policies on the registration and remittance contributions of employed workers with multiple employers, which may also be acceptable to domestic workers. The Committee requests the Government to provide information on the results achieved as a result of the implementation of measures to promote registration of domestic workers in social protection programmes and to continue to provide statistical data, disaggregated by sex, on the number of domestic workers who are affiliated to the social security scheme. It further requests the Government to continue to provide information on the measures taken to extend social security coverage to domestic workers working for multiple employers and to communicate the new ECC implementing guidelines once these have been adopted. The Committee reiterates its request that the Government provide information on the consultations held with the social partners regarding these issues (Article 14(2)).

Article 17(2) and (3). Labour inspection and sanctions. Access to household premises. The Committee notes that the current rules and regulations governing labour inspection do not provide for inspection in private premises where domestic workers perform their work. The Government indicates that the Philippines Overseas Employment Administration conducts inspections every two years of the licensed recruitment and placement agencies deploying household service workers overseas. The Committee notes that this inspection includes measuring the office space of the agency, posting the no-placement fee prohibition for household service workers and examining the work contracts of all workers placed by the agency. The Committee reiterates its request that the Government provide information on the measures adopted or envisaged to give effect to Article 17(2) and (3) of the Convention.