COUNTRY REPORT ON LABOUR LAW REFORMS: Philippines. Karen Ann F. Tangonan VP for Organization BPO Workers Association of the Philippines (BWAP)

Size: px

Start display at page:

Download "COUNTRY REPORT ON LABOUR LAW REFORMS: Philippines. Karen Ann F. Tangonan VP for Organization BPO Workers Association of the Philippines (BWAP)"

Hillary Reeves
5 years ago
Views:

1 COUNTRY REPORT ON LABOUR LAW REFORMS: Philippines Karen Ann F. Tangonan VP for Organization BPO Workers Association of the Philippines (BWAP)

2 Employment Trends in the Philippines

3 Key Provisions of Labour Laws Philippine Constitution - Guarantees the freedom to form unions, the right for workers to organize, the right to strike, humane conditions of work and a living wage Labor Code - Main repository of labour laws in the Philippines - It is a consolidation of labor and social laws to afford protection to labor, to promote employment and human resources development and to ensure industrial peace based on justice.

4 Labor Code provisions on Social Security Medical and disability benefits for work-related injuries Retirement benefits Maternity benefits Board, lodging and medical attendance for domestic workers

5 Legislations on Social Protection and Social Security Social Security Law (RA 1161) Government Service Insurance System Act of 1997 (RA 8291) National Health Insurance Act of 2013 (RA 10606) Employees Compensation Program (PD 442, PD 626) Home Development Mutual Fund Law of 2009 (RA 6979) Expanded Senior Citizen s Act of 2010 (RA 9994) Magna Carta of Women (RA 9710) Paternity Leave Act of 1996 (RA 8187) Solo Parent s Welfare Act of 2000 (RA 8972) Domestic Worker s Act (RA 10361)

6 Key legal issues concerning precarious employment Compliance and enforcement of labour laws concerning fundamental worker s rights, which includes: Freedom of association and collective bargaining Security of tenure Social protection and social security coverage Occupational safety and health Non-payment of minimum wages and fringe benefits

7 Ultimate Legal Issue: HOW TO END CONTRACTUAL LABOR!

8 Labour Law Reforms being proposed in the country Strengthening the security of tenure provisions in the Labor Code Criminalizing labor-only contracting Declaring as illegal fixed period or term employment involving work activities which are usually necessary or desirable in the usual business or trade of the employer. Amendments to strengthen the National Labor Relations Commission (NLRC)

9 Labour Law Reforms being proposed in the country Restricting further the authority of the Secretary of Labor assume/certify labor disputes by limiting its exercise to a particular responsible officer (the President of the Philippines) and to highly specified cases (so-called essential services vis a vis the present provision on national interest cases) Mandatory termination notice of sixty (60) days A Labor Code for Public Sector Workers Giving authority to the Secretary of Labor over labor disputes on the sale of GOCCs Restricting the creation of Labor Management Councils ( LMCs) only in unionized establishments

10 Labour Law Reforms being proposed in the country Granting cooperative member-workers the right to self organization Removing documentary requirements for registration of unions; changing the word registration to notice or notification and certificate of recognition instead of certificate of registration Mandating that regular employees shall be at least 90% of the workforce in an establishment and the remaining 10% or lower shall be for other classification of workers.

11 Number of ILO Conventions Ratified The Philippines has ratified 37 ILO Conventions. 8 of the 8 Fundamental Conventions 2 of the 4 Governance Conventions 27 of the 177 Technical Conventions

12 Implementation of ILO s International Labour Standards Out of the 37 Conventions ratified by the Philippines, 30 are in force, 6 Conventions have been denounced, and 1 has been ratified in the past 12 months. The Philippines is one of the only three (3 --Cambodia and Indonesia) countries in the ASEAN that have ratified the eight (8) core conventions. The Philippines is second among all ILO-member states that has ratified ILO Convention 189 Domestic Workers Convention.

13 Tripartite Industrial Peace Council (TIPC) highest tripartite policy and advisory body of the Executive Branch of the Philippine Government. created in compliance with the International Labor Organization (ILO) Convention No. 144, Tripartite Consultation, which provides that employers and workers shall be represented on an equal footing on any competent bodies. serves as the main consultative and advisory mechanism lodged with the Department of Labor and Employment (DOLE), specifically the Bureau of Labor Relations (BLR).

ASEAN Trade Union Council (ATUC) Inter-Union Cooperation Agreement: A Strategy to Promote Decent Work

ASEAN CONFEDERATION OF EMPLOYERS ASEAN Trade Union Council (ATUC) Inter-Union Cooperation Agreement: A Strategy to Promote Decent Work ASEAN TRADE UNION COUNCIL (ATUC) INTER-UNION COOPERATION AGREEMENT