Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Philippines

Equal Remuneration Convention, 1951 (No. 100) (Ratification: 1953)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (Ratification: 1960)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Article 1(1)(a).Prohibited grounds of discrimination. Discrimination based on sex. Sexual harassment. Definition. The Committee recalls that since 2015 the Government has been indicating that the enactment of a bill to expand Republic Act No. 7877 (i.e. the Anti-Sexual Harassment Act of 1995), to specifically address “hostile environment” sexual harassment, is still pending. It notes with regret that the Government’s report does not provide updated information on this particular point. In light of the above, the Committee urges the Government to ensure that the bill expanding Republic Act No. 7877 to specifically address hostile environment sexual harassment in the workplace is adopted as soon as possible.

Article 1(3). Scope of the protection against discrimination. Legislation. Recalling that the Labor Code does not provide for an effective legal protection against discrimination based on sex in hiring and security of employment, the Committee notes the Government’s indication that the 19th Congress Senate Bill No. 1311 proposes to amend Article 135 of the Labor Code on the prohibition of discrimination by formally: (1) introducing a list of prohibited grounds of discrimination against any employee, such as race, colour, sex, gender identity and expression, sex characteristics, sexual orientation, disability, language, religion, political opinion and persuasion, national extraction or social origin; and (2) prohibiting discrimination in advertisements or qualification standards on such grounds. The Committee also notes the Government’s indication that the 19th Congress House Bill No. 4479 on the prohibited acts of discrimination against women on account of sex aims at prohibiting acts favouring male employees, not only with respect to promotion, training opportunities, study and scholarship grants, but also assignment and employment benefits (amendment of article 135(b) of the Labor Code), as well as dismissal or the application of any retrenchment policy of the employer (new article 135(c)). The Committee urges the Government to ensure that the proposed amendments to the Labor Code are adopted without delay so as to enhance the effective legal protection against discrimination based on sex (and the other grounds). Please provide information on any progress made in this respect.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1(b) and 2(2)(a). concept of work of equal value. Legislation. The Committee recalls that, for many years, it has considered that, by defining the term “work of equal value” referred to in Article 135(a) of the Labor Code as “activities, jobs, tasks, duties or services which are identical or substantially identical”, the 1990 Rules implementing Republic Act No. 6725 give a restrictive interpretation of the principle. The Committee notes with regret that the Government merely states that the review of the amending guidelines was supposed to take place by the last quarter of 2024. The Committee again urges the Government totake all the necessary measures to ensure that the amending guidelines are adopted without delay and that the new definition of “work of equal value” will not be limited to “identical”, “equal”, “the same” or “similar” work, as usually men and women do not perform the same jobs, but will also encompass work that is of an entirely different nature but which is nevertheless of equal value. Please provide information on any progress made in that regard.

Article 3. Objective job evaluation. With regard to the methods available to promote an objective evaluation of jobs, the Committee notes that the Government indicates that: (1) in 2019, the Construction Industry Tripartite Council (CITC) proposed to the National Wages and Productivity Commission (NWPC) to study the feasibility of wage increases differentiated by job type, specialization, and certification levels in the construction sector; (2) the NWPC then presented baseline industry data on wage standards and trends to the CITC and recommended hiring a job-evaluation expert to develop a framework for pay scales in the industry; and (3) in 2023, the NWPC started to explore how Singapore’s Progressive Wage Model could be adapted to develop a skills-based wage framework. The Committee recalls that: (1) the application of the concept of work of equal “value” implies a comparison of tasks and, consequently, the adoption of a technique for measuring and objectively comparing the relative value of the tasks accomplished in order to determine whether jobs involving different work have the same value for the purposes of remuneration; and (2) under Article 3 of the Convention, whatever the method of job evaluation implemented, particular care must be taken to ensure that it is free from gender bias, i.e. that the factors for comparison of jobs, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly, and that they do not result in jobs generally occupied by women being undervalued. To prevent any sexist bias in the evaluation, the relative value of jobs must be measured and compared on the basis of objective and non-discriminatory factors such as the required skills/qualifications, effort, responsibilities and working conditions (see the 2012 General Survey on fundamental Conventions, para. 700, and the ILO step-by-step guide on gender-neutral job evaluation). The Committee urges the Government to take the necessary steps to ensure that the job evaluation or classification methods implemented are free from gender bias and reminds the Government of the possibility to avail itself of the technical assistance of the Office in this respect. Please provide information on any developments made in that regard.

The Committee is raising other matters in a request addressed directly to the Government.