Observación (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

1. Article 1 of the Convention. Lack of protection against discrimination in hiring. For a considerable number of years, the Committee has expressed concern over the lack of legislative prohibition of discrimination against women in hiring and the overly broad interpretation of inherent requirements of the job. It had noted in particular that section 135 of the Labor Code continued to provide that “favouring a male employee over a female employee with respect to promotion, training opportunities, study and scholarship grants solely on account of their sex” is unlawful discrimination. The Committee notes that section 135 still does not include a prohibition for such favourable treatment in the hiring of men over women on account of their sex. The Committee further notes the Government’s reply that the Philippine Constitution provides that the State shall ensure fundamental equality before the law between men and women and promote full employment and equality of employment opportunities for all. The Government further indicates that Republic Act (RA) of 12 May 1989 No. 6725 prohibits discrimination based on sex against women employees with respect to terms and conditions of employment, or favouring a male over a female employee. The Committee recalls that, pursuant to Article 1(3) of the Convention, discrimination on the basis of sex should be prohibited with respect to access to employment and occupation (including hiring), vocational training and terms and conditions of employment. While noting the Government’s explanations concerning the applicable constitutional provisions and RA No. 6725, the Committee remains concerned that the national legislation concerning equality and non-discrimination continues to contain a legal vacuum with respect to the protection against discrimination of women in hiring. The Committee again urges the Government to take the necessary legal steps to ensure that women are fully protected against discrimination in all aspects of employment in conformity with the Convention not only with respect to terms and conditions of employment, training and education opportunities and job security, but also in hiring practices. Awaiting any legislative changes, the Committee also requests the Government to provide detailed information on the measures taken or envisaged to prevent and address discrimination against women in hiring and the results achieved.

2. Failure to provide the information requested. For a considerable number of years the Committee has been asking the Government to provide information on a number of points raised in previous requests. These concern in particular: (i) the application of the Convention in the public service; (ii) the practical application of resolution No. 98-463 banning discrimination on the basis of gender, religious or political affiliation, minority or cultural extraction or social origin in respect of employment and occupation; and (iii) the status of Bill No. 119 providing for a comprehensive enforcement machinery of non-discrimination against women. The Committee refers to its direct request and trusts that the Government’s next report will contain full particulars on the matters raised above.

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