Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (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.