Human Rights of the Labor

Sector in the Philippines

A Report

The Philippine Constitution has provided every Filipino with rights

inherent to each one. These rights are protection of everyone in whatever
sector they are in. There are rights relating to education, family and
children, women, health, ecology, labor and many more. This report focuses
on the human rights of the labor sector in the country.
Section 18 of Article II of the Philippine Constitution states that:
Section 18. The State affirms labor as a primary
social economic force. It shall protect the rights of
workers and promote their welfare.
Then, Section 8 of Article III specifically provides:
Section 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.
For the protection of these rights, the United Nations has
supplemented these provisions of our Constitution thru the United Nations
International Covenant on Economic, Social and Cultural Rights
(UNICESCR).
The UNICESCR has the following provisions specifically dealing with
human rights of the labor sector.
United Nations International Covenant on Economic, Social and Cultural Rights

Article 6
1. The States Parties to the present Covenant recognize the right to work,
which includes the right of everyone to the opportunity to gain his
living by work which he freely chooses or accepts, and will take
appropriate steps to safeguard this right. 2. The steps to be taken by a
State Party to the present Covenant to achieve the full realization of
this right shall include technical and vocational guidance and training
programmes, policies and techniques to achieve steady economic,
social and cultural development and full and productive employment
under conditions safeguarding fundamental political and economic
freedoms to the individual.

Article 7
The States Parties to the present Covenant recognize the right of everyone
to the enjoyment of just and favorable conditions of work which ensure, in
particular:
(a) Remuneration which provides all workers, as a minimum, with:
(i) Fair wages and equal remuneration for work of equal value
without distinction of any kind, in particular women being
guaranteed conditions of work not inferior to those enjoyed by
men, with equal pay for equal work; (ii) A decent living for
themselves and their families in accordance with the provisions
of the present Covenant;
(b) Safe and healthy working conditions;
(c) Equal opportunity for everyone to be promoted in his employment to
an appropriate higher level, subject to no considerations other than
those of seniority and competence;
(d) Rest, leisure and reasonable limitation of working hours and periodic
holidays with pay, as well as remuneration for public holidays.
Article 8
1. The States Parties to the present Covenant undertake to ensure:
(a) The right of everyone to form trade unions and join the trade
union of his choice, subject only to the rules of the organization
concerned, for the promotion and protection of his economic
and social interests. No restrictions may be placed on the
exercise of this right other than those prescribed by law and
which are necessary in a democratic society in the interests of
national security or public order or for the protection of the
rights and freedoms of others;
(b) The right of trade unions to establish national federations or
confederations and the right of the latter to form or join
international trade-union organizations;
(c) The right of trade unions to function freely subject to no
limitations other than those prescribed by law and which are
necessary in a democratic society in the interests of national
security or public order or for the protection of the rights and
freedoms of others;
(d) The right to strike, provided, that it is exercised in conformity
with the laws of the particular country.
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2. This article shall not prevent the imposition of lawful restrictions on

the exercise of these rights by members of the armed forces or of the
police or of the administration of the State.
3. Nothing in this article shall authorize States Parties to the
International Labour Organization Convention of 1948 concerning
Freedom of Association and Protection of the Right to Organize to
take legislative measures which would prejudice, or apply the law in
such a manner as would prejudice, the guarantees provided for in that
Convention.
Article 9
The States Parties to the present Covenant recognize the right of everyone
to social security, including social insurance.
All the above-mentioned provisions of the UNICESCR strongly
supplement the Constitutional provisions on human rights of the labor
sector.
In the Philippines, the labor sector is composed of two types. These
are:
1.) Public Sector Laborers those employed in government offices
and agencies including GOCCs.
2.) Private Sector Laborers those employed in private businesses
and offices.
Differences between the two:
1.) Public Sector Laborers
Terms and conditions of employment are provided in the
administrative code and other enactments.
Not allowed to declare a strike as proscribed by CSC MC No. 6,
Series of 1987.
Better working conditions provided.
Equal renumeration corresponds to equal work.
Security of tenure for permanent employees.

2.) Private Sector Laborers

Poor working conditions.
Underpayment or salaries are below standard.
No security of tenure.
Non-compliance with safety and health regulations relating to
employees.
Human Rights Problems encountered by Public Sector Laborers include:

Abuse of authority of Chief Executives or higher management

Human Right violations are not addressed, sometimes even
tolerated
Human Rights Problems encountered by Private Sector Laborers include:

Unhealthy working conditions

Security of tenure is not protected by law
Child Labor
Anti-union policies
Sexual Harrassment, Discrimination

Basically, the standards for labor are:

Freedom of association: workers are able to join trade unions that are
independent of government and employer influence;
The right to collective bargaining: workers may negotiate with employers
collectively, as opposed to individually;
The prohibition of all forms of forced labor: includes security from prison
labor and slavery, and prevents workers from being forced to work under
duress;
Elimination of the worst forms of child labor: implementing a minimum
working age and certain working condition requirements for children;
Non-discrimination in employment: equal pay for equal work.

Other Labor Rights issues:

Aside from the right to organize, labor movements have campaigned
on various other issues that may be said to relate to labor rights.
Many labor movement campaigns have to do with limiting hours in
the work place, just remuneration of work or services rendered.
Labor rights advocates have also worked to combat child labor.
Labor rights advocates have worked to improve workplace conditions
which meet established standards.

 The labor movement pushes for guaranteed minimum wage laws, and
there are continuing negotiations about increases to the minimum
wage.
The right to equal treatment.
In his 2013 State of the Nation Address, President Aquino made
mention of the words quoted below. It did not necessarily give importance
to the rights of laborers nor on the subject of laborers, in general. But it did
gave some insights on possible employment for the Filipino people in the
future through the projects His Excellency mentioned. The President also
indirectly praised the people working on government projects which are
part of the labor sector.
Because of ADMATEL, products will now be
manufactured and tested here, and we will be able
to take even greater advantage of the skills of
Filipino workers in the electronics sector. And we
have every expectation that this industryone that
contributed almost 44 percent to our exports in
2012will grow even stronger.
With the help of our Big Man in the Senate,
Senator Franklin Drilon, the more than fifty-year
wait of Ilonggos has come to an end; the
implementation of the Jalaur River Multi-Purpose
Project II in Iloilo has started. How will this help
us?
x x x
Apart from all these, the Jalaur River Project will
create around 17,000 jobs; and once it becomes
fully operational, an estimated 32,000 Filipinos will
be given decent livelihoods.
x x x
What we can expect in the years to come: airports
and ports to facilitate commerce and tourism; roads
to ensure that we all reap the maximum benefit
from these big-ticket projects; power plants that will
generate enough energy and fuel the development of
industry. This is the framework from which other
initiatives will branch out, creating even greater
opportunities for Juan and Juana dela Cruzfrom
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the farmer who will have access to adequate

irrigation and who will be able to sell his harvest
more quickly, to the construction workers erecting
new buildings; from the continued development of
call centers across the country, to the rise of even
more businessmen ready to invest in the
Philippines. We implemented the right projects for
the right price; we completed these projects with the
right quality; and we finished, or we will finish,
these projects right on time, because the right
people worked on them.
Analysis of the labor sector situation in the country:
Theres always lack of information-dissemination when it comes to
vacancies both in public and private offices.
Lenient implementation of labor rules and regulations.
Inherent Filipino norms and culture.
Recommendations for a better protection of human rights of the
labor sector:
Public should be well-informed of vacancies in offices, especially in
public or government offices.
Strict monitoring of labor rules and regulations.
Need for stricter implementation of penalties for violations of these
labor laws.
Non-adherence to Filipino norms and culture.