Overview of ILO Assistance to Promote Freedom of Association and Right to Collective Bargaining in the Philippines

Freedom of Association and the right to Collective Bargaining are fundamental rights for workers and employers to freely establish and join organizations of their own choosing, without fear of reprisal. Freedom of association and right to collective bargaining are fundamental rights in the workplace and important elements of democracy contributing to sustainable economic and social development. Decent work, inclusive growth and governance – where strong workers and employers organizations exist – are important ingredients to development that benefits the greatest number of people.

The Philippines ratified both key ILO Conventions: the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) in December 1953. The Philippines has enacted the Labor Code and other policies after ratification. The rights to freedom of association and collective bargaining are enshrined in the 1997 Philippine Constitution. The Philippines also has a very extensive system of social dialogue and tripartism, with tripartite industrial peace councils at the national, regional, and industry levels.

While freedom of association is generally recognized as fundamental human rights and contributes to inclusive growth and development, challenges remain on its application. Information from ILO’s supervisory bodies generally guide ILO support to Philippine’s compliance with freedom of association principles. The ILO supervisory bodies had highlighted a number of concerns about remaining inconsistencies in law and in practice vis-à-vis the requirements of the key Conventions resulting to adverse effects on workers’ rights. This include concerns about violence against trade union members and obstacles faced by workers to form unions and carry out other union activities.

In addition, effective collective bargaining between workers and employers has been declining. In this context, both are missing out on the benefits arising from mutually beneficial workplace relations.

The High Level Mission (HLM) visited the Philippines in 22-29 September 2009 and has completed its report for the ILO supervisory bodies. The HLM identified future areas of action and recommended a technical assistance programme. The ILO continues its support to the Philippines to address the points raised by the ILO supervisory bodies and the HLM recommendations.

The combined resources of the ILO, including technical cooperation projects, cover both short- and long-term strategies including awareness raising, training and capacity building to support better application of the principles of freedom of association and civil liberties, social dialogue, collective bargaining and voluntary dispute resolution. ILO’s technical cooperation projects were implemented through funding support from the US Department of State (US DOS), Norway and Sweden.