Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Philippines (Ratification: 1991)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the Government's first report and the supplementary information supplied later, specifically in the report for the period ending 30 June 1995.

It notes Executive Order No. 403 establishing the Tripartite Industrial Peace Council, Executive Order No. 25 which amends it and further strengthens the Council, the related documents and resolution No. 1 of 1992 of the Tripartite Industrial Peace Council in favour of ratifying a number of ILO Conventions on social security.

The Committee notes that although no text specifically grants competence to the Council for matters relating to ILO activities, it nevertheless exercises this in practice in conformity with the wish it expressed on ratification of this Convention.

The Committee hopes that the tripartite consultations provided for in the Convention will be held regularly, especially within this Council. It recalls, however, that under Article 2, paragraph 1, of the Convention, the Government must institute procedures which ensure effective consultations on these matters and that paragraph 2 of the same Article provides that the nature and form of the procedures shall be determined after consultation with the representative organizations. In this respect, the Committee notes that the specific procedures have not yet been established; it trusts that they will be laid down in the near future and that the Government will not fail to supply in its next report information on the consultations held for this purpose along with a description of the procedures resulting from the consultations.

The Committee notes that, in accordance with Article 3, employers' and workers' organizations choose freely the persons representing them, on an equal footing, in the Tripartite Council; it notes, however, that the president may increase their number and, when circumstances require it, replace them. It requests the Government to indicate how respect for the principles of free choice and equality of representativity of employers' and workers' members is ensured in the event of modification of the Council's composition by the president.

The Committee notes how, in accordance with Article 4, paragraph 1, the Government assumes responsibility for the administrative support of the procedures; it would be grateful if it would describe any arrangements made in accordance with paragraph 2 of this Article with the representative organizations for the financing of any necessary training of participants in these procedures.

The Committee requests the Government to continue to supply in each of its next reports information concerning the consultations held during the periods covered and reminds it in this respect that according to the report form this information must relate to the subject and frequency of consultations on each of the matters set out in Article 5, paragraph 1, and on the nature of reports and recommendations resulting from these consultations.

The Government is also requested to supply information on the consultations provided for in Article 6 on the advisability of issuing an annual report on the working of the procedures provided for in the Convention.

Finally, the Committee would be grateful if it would indicate in each of its next reports any observations received from the representative organizations regarding application of the provisions of the Convention or the content of the Government's reports. It requests it to send the Office copies of the observations, if any, and to attach to them any comments it deems useful (point VI of the draft report).