by Paula Määttä

X. Philippines

C. Measures for determining and promoting pay equality

1. Permitted grounds for wage differentials

Rule XI, Book III, § 5(a) of the Rules implementing Republic Act No 6725, the 1989 Act that amended the Labour Code, provides that:

"Payment of a lower compensation or benefits to a female employee does not constitute a failure to comply with this section, if the difference between the rates of pay is based on length of service or seniority, or location or geographical area of employment or any factor other than sex and the factors on which the difference is based would normally justify such difference in rates of pay."

2. Instruments used to promote equality

While issues relating to equal pay for equal work have not been prevalent in the country, attempts have been made to adopt measures to ensure equality of pay and work. In the public service, salaries of all government employees were standardized based on a salary scale which determines the corresponding salary grade for every rank or position in the public sector. In the private sector, minimum wage legislation is made to apply in general, without distinction or any form of qualification as to gender.

Philippine Development Plan for Women

Equal Employment Opportunity (EEO) was selected as one of the gender issues to be prioritized in the implementation of the Philippine Development Plan for Women (1989-1992). For this purpose, a Sub-Committee within the Department of Labour and Employment was established to spell out the activities needed to promote EEO in the country, including the concept of equal pay.The Philippine Development Plan for Women aims to integrate the concerns of women into the planning process. It has been principally directed toward the following goals:

(a) alleviation of poverty,

(b) generation of more productive employment,

(c) promotion of equality and social justice, and

(d) the attainment of sustainable economic growth.

Job evaluation

In the Philippines, job evaluation is a commonly used method for evaluating jobs. The purpose of the evaluation is to describe objectively the qualifications of employees for specific job requirements. Job evaluation should not discriminate against women. The Bureau of Local Employment is responsible for promoting, for example, the local market, and is concerned with the evaluation and classification of jobs.

3. Scope of comparison

The legislation is concerned with work performed by male and female employees employed by the same employer, and work is considered to be of equal value if it is "identical or substantially identical".