KMU observations on the Implementation of Conventions No. 87, 98 and 100

Please see attached .pdf file for complete report

Observations by Kilusang Mayo Uno Labor Center on the Implementation of

Convention No. 87, 98 and 100 in the Philippines (Article 22 Annual Report on

ratified Conventions)

I. Implementation in Laws/Regulations

The 1987 Philippine Constitution affirms the workers rights to equality of employment, to security

of tenure, to humane conditions at work, to living wage, to self-organization, to collective bargaining

and negotiations, to strike and to engage in concerted activities as well as the right to participate in

decision making process affecting their rights.

This is clear from Sec 3, Art XIII thereof which states:

“Sec. 3. The State shall afford protection to labor, local and overseas, organized and

unorganized,  and  promote  full  employment  and  equality  of  employment

opportunities for all. It shall guarantee the rights of all workers to self-organization,

collective bargaining and negotiations, and peaceful concerted activities including

the right to strike in accordance with law. They shall be entitled to security of

tenure, humane conditions of work and a living wage. They shall also participate in

policy and decision-making process affecting their rights and benefits as may be

provided by law.”

The right to form labour unions and other forms of organizations is also guaranteed under Sec. 8,

Article III of the Constitution:

“Sec 8. The right of the people, including those employed in the public and

private sectors, to form unions, associations, or societies for purposes not

contrary to law shall not be abridged.”

These rights are also re-affirmed in Article 211: Declarations of Policy in the Labor code, to wit:

                     A.   It is the policy of the state:

(a) To promote and emphasize the primacy of the free collective bargaining and

negotiations,  including  voluntary  arbitration,  mediation  and  conciliation,  as

modes of settling labor or industrial disputes;

(b) to promote free trade unionism as an instrument for the enhancement of

democracy and the promotion of social justice and development;

(c) To foster the free and voluntary organization of a strong and united labor

movement;

(d)  To  promote  the  enlightenment  of  workers  concerning  their  rights  and

obligations as union members and as employees;

(e) To provide an adequate machinery for the expeditious settlement of labor or

industrial disputes;

(f) to ensure a stable but dynamic and just industrial peace; and

(g) to ensure the participation of workers in decision and policy making processes

affecting their  rights, duties and welfare.

B. To encourage a truly democratic method of regulating the relations between

the employers and employees by means of agreements freely entered into through

collective bargaining, no court or administrative agency or official shall have the

power to set or fix wages, rates of pay, hours of work, or other terms and

conditions of employment, except otherwise provided under this Code.”