Trias, Antoniella Luisa Maria L.

07 April 2017
3A | 14-242 Critical and Emerging Issues in Human Rights
Atty. Amparita Sta. Maria | Atty. Ryan Quan

SURFACE AND SUSBTANCE: The Stark Reality of Labor Laws in the Philippines

INTRODUCTION

Human rights exist to ensure that each person is treated with dignity and worth. These
rights are universal, inherent, indivisible and inalienable. These are used to emphasize the
valuation of every individual. Dignity, being an abstract ideal rooted within each person,
materializes itself through an observance of human rights. It is operationalized by labelling these
and recognizing them as such rights. There is a need to institutionalize these norms to enable its
concrete form be utilized in society.

Although it may sound repetitive and clich to hear such definition over and over again,
there is still a need to remind ourselves why human rights is important. It is important because it
is deeply embedded in our daily lives and interrelated with our everyday actions. There is a
constant need to remind ourselves that human rights is universal and inherent because many of its
violations come unnoticed. Some violations come in the form of a social construct as when a race
or religion has been tainted with a stereotype. Other violations come in the form of a necessity to
survive such as in the field of labor. Many work to earn and sustain themselves even if they are
placed in the most drastic circumstances. Labor is necessary because there is a need to sustain, live
and provide which is why many succumb to working even in the worst situations and the
unhealthiest of conditions. It is relevant to unfold the realities of human rights violations in the
field of labor because it is a constant occurrence which justifies itself through necessity and
survival.

HUMAN RIGHTS IN LABOR

When given the choice of experiencing hunger or experiencing unfavorable treatment in a

paid task, many often choose the former. This is the natural inclination of most persons. Such

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inclination is the leverage used by many who take advantage of persons who would work for
money just to survive. For those who need to earn but fails to qualify for decent work or simple
refuses to apply for one, choices are turned into compromises. So long as there are people who are
willing to work in substandard conditions, human rights in the labor force is easily violated.
Therefore, poverty plays a vital role in crafting this harmful situation. This is one of the woes of a
third world country. In a third world country like the Philippines, poverty moves people to accept
inferior and injurious treatment. Accepting and validating these circumstances is the danger to be
aware of. It must be reiterated that human rights cannot be compromised for the sake of survival
and subsistence.

It is of grave importance in recognizing the vital role of labor in the life of each person.
This trend is the reason why exploitation in the sector of labor exist. The danger of human rights
violation in this field is at an extreme high because of the convenience of it all to those violating
such. It can be easily disregarded and most of these intrusions are overlooked because it is clothed
with the necessity to earn a living. Labor is a huge factor in improving the quality of life of a
person. Therefore, human rights are intricately integrated in labor.

INTERNATIONAL SOURCES OF HUMAN RIGHTS INSTRUMENTS FOR LABOR

The fundamental importance of labor in the field of human rights has been recognized and
emphasized in the international scene. There are several sources documenting protection to labor
rights. One of which the provision in the United Nations Declaration of Human Rights (UDHR),
to wit:
Article 23: (1) Everyone has the right to work, to free choice of
employment, to just and favourable conditions of work and to protection
against unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for
equal work.
(3) Everyone who works has the right to just and favourable remuneration
ensuring for himself and his family an existence worthy of human dignity,
and supplemented, if necessary, by other means of social protection.

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 (4) Everyone has the right to form and to join trade unions for the
protection of his interests.1

In such provision, several basic rights in the field of labor are articulated. Although merely
declared without retribution for noncompliance, States are obliged to provide for these. The State
is duty bound to respect, protect and fulfill human rights. In an aspect imbued with public interest
such as labor, the State must level up their compliance.

Another international source pronouncing the value of rights which must be protected is
the International Covenant of Economic, Social and Cultural Rights. Paragraph 1 of Article 6
states: 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. This underscores the right of everyone to
the enjoyment of just and favourable conditions of work. The Covenant uses the word everyone
to emphasize its application to all kinds of workers in different settings, regardless of sex, age,
ability, status. It broad scope extends even to workers in the informal sector, migrant workers,
workers from ethnic and other minorities, domestic workers, self-employed workers, agricultural
workers, refugee workers and unpaid workers.2 Article 7 of the same Covenant provides for the
non-exclusive list of fundamental elements which will provide for a just and favorable conditions
of work. The Covenant stipulates only four, to wit: (1) remuneration which does not discriminate
and provides for a decent living; (2) safe and healthy working conditions; (3) equal opportunity
for everyone to be promoted; and (4) rest, leisure and reasonable limit of hours of work and holiday
breaks.3 The ICESCR does not merely stipulate these requirements and standards as a reference.
According to the Committee on Economic and Social Cultural Rights (ECOSOC), the State is
obliged to comply with their core obligation to take deliberate and concrete actions towards the
actual realization of these requirements and ultimately, to materialize by assuring just and

1
United Nation Declaration of Human Rights, Dec. 10, 1948 [hereinafter UDHR].
2
Committee on Economic, Social and Cultural Rights, General comment No. 23 (2016) on the right to just and
favourable conditions of work (article 7 of the International Covenant on Economic, Social and Cultural Rights).
3
International Covenant on Economic, Social and Cultural Rights, opened for signature Dec. 16, 1966 [hereinafter
ICESCR].

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favorable conditions of work. State parties must take tangible measures through all the branches
of the government for the realization of such provisions.4

States parties must comply with their core obligations and take deliberate, concrete and
targeted steps towards the progressive realization of the right to just and favourable conditions of
work, using maximum available resources.5 In addition to legislation as an indispensable step,
States should also ensure the provision of judicial and other effective remedies that include, but
are not limited to, administrative, financial, educational and social measures.

INTERNATIONAL LABOR ORGANIZATION

The most relevant and labor-center international sources are found in the International
Labor Organizations (ILO) Fundamental Conventions and the ILO Declaration on Fundamental
Principles and Rights at Work. The ILO is the tripartite United Nations agency which brings three
parties together, the employees, the employers and the government, to set labor standards and
ground policies in promoting decent work for everyone. Its objective is to provide for a social
dialogue in action among the parties involved and to provide an avenue for the conflicts relating
to labor. The ILO sets the standards and provides for metes and bounds with universal application
for relations concerning the workforce.6

4 CORE INTERNATIONAL LABOR STANDARDS

The ILO has set eight (8) Conventions as the fundamental sources for rights of human at
work. The Conventions provide for the essential framework to which member States should adhere
to. The ILO Declaration on Fundamental Principles and Rights at Work, applicable to both
member and non-member States, provide for the four (4) Core Labor Standards, to wit: (1) freedom

of association and the effective recognition of the right to collective bargaining; (2) the

4
Supra note, 2.
5
ADB, Core Labor Standards Handbook, p. 7, (2006).
6
International Labor Organization, How ILO Works, available at http://ilo.org/global/about-the-ilo/how-the-ilo-
works/lang--en/index.htm (last accessed April 5, 2017).

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elimination of all forms of forced or compulsory labour; (3) the effective abolition of child labor;

and (4) the elimination of discrimination in respect of employment and occupation. These four
principles have earned a position so fundamental in the realm of work such that the aforementioned
should be the bare minimum of all conditions of labor around the world.7 The aforementioned
rights serve as a stable framework from which other rights will be rooted on. Although there are
other non-core standards, the four rights are a precondition to improve both individual and
collective conditions of work.8 There are more than just four labor standards but these core labor
standards have gained vast international acceptance and recognition. These rights agreed with the
international consensus standards merely reflect the four general rights which must be found in the
legal labor system of other nations as well. Despite such particularity of the four, there is still
sufficient room given by the core labor standards for each State to go into the specifics. The core
labor standards, which have gained international consensus, merely provide for the framework
upon which the national laws fill in the specificities with.

LABOR STANDARDS IN THE PHILPPINES, IN GENERAL

Labor standards are rules set to measure how working people should be treated. They are
a general set of rules affecting different aspects of labor in a working environment. The framework
developed by the standards delineate the metes and bounds of what the entitlements and protection.
There are two levels of labor standards: the international level and the national level. In the
international scene, labor standards are embodied in treaties and international conventions such as
those earlier mentioned. At the national level, the labor standards are set by local laws and
department orders by the Department of Labor and Employment while some go more into details
by stipulating these in collective bargaining agreements.9

Labor standards in the Philippines can be found in Book III and IV of the Labor Code. It
provides for the bare minimum which every employer must adhere to and employees covered
therein to be entitled to. It provides for the number of hours of work, the regulations on wages, the

7
International Labour Organization, The International Organization's Fundamental Conventions (2003).
8
Supra note, 5.
9
Id.

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entitlement to rest periods and leaves among others. The Labor Code, alongside special laws, also
provide for particular standards which apply to a more specified group of people. There are
appropriate measures given to these sectors such as women, children, persons differently abled,
elders, migrant workers and the like. These laws add an additional layer of standard to the
minimum due to the peculiar circumstances and the reinforced protection necessary.

In view of the presence of such laws in the Philippines, it is relevant to ask if our laws are
compliant with the aforementioned four Core Labor Standards. The Philippines is a rich source of
workforce. Statistics show the employment rate in the Philippines as of January 2017 is at 93.4%.10
As of 2015, there are approximately 24 million overseas Filipino workers (OFWs) around the
globe.11 Upon personal inquiry of some foreigners hiring Filipinas, the preference of Filipino
workers is their efficiency in their work. In most of the countries, there is a substantial percentage
of the workforce who are Filipinos. Even locally, Ms. Carmel Abao lectured that Filipinos are a
service-oriented. Manpower is our asset because Filipinos have a unique feature in executing their
work. We take pride in the value of our work and the efficiency of the Filipino people. Hence,
there is a need to indulge in the many existing laws in the Philippines to ascertain if we are
compliant with the bare minimum provided by the International Labor Organization considering
the gravity and role of labor in the Philippine society.

FREEDOM OF ASSOCIATION

More specifically, the ILO Standards are translated to local laws in various laws provided
for in our country. For the first standard of ensuring freedom of association and the effective
recognition of the right to collective bargaining, the Philippines is compliant by providing these
rights under Title IV, Book V of the Labor Code. Said provisions contain the procedure for the
employees to organize and further, to collectively bargain in order to establish the stances of these
groups. More importantly, the 1987 Constitution of the Philippines establishes the right to

10
Philippine Statistics Authority, Labor Force Survey available at https://psa.gov.ph/statistics/survey/labor-force
(last accessed April 5, 2017).
11
Philippine Statistics Authority, OFWs estimated at 24 million available at https://psa.gov.ph/content/total-
number-ofws-estimated-24-million-results-2015-survey-overseas-filipinos (last accessed April 5, 2017).

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association under the Bill of Rights. Section 8, Article 3 states 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.12 Association and collective bargaining is a
collective solution which creates presence and standing. According to Ms. Abao, the freedom of
association in the field of labor is the most neglected right. There is a primacy in this right because
of the gravity of its effects and its impact to the parties as well as to society. As explained by
Justice Carpio in his dissenting opinion, to wit:

In Guijarno v. Court of Industrial Relations, we clarified the purpose of a

union: Purpose of a union: x x x The State shall assure the rights of workers to
self-organization, collective bargaining, security of tenure, and just and humane
conditions of work." (Art. II, Sec. 9 of the Revised Constitution) Where does that
leave a labor union, it may be asked. Correctly understood, it is nothing but the
means of assuring that such fundamental objectives would be achieved. It is the
instrumentality through which an individual laborer who is helpless as against a
powerful employer may, through concerted effort and activity, achieve the goal of
economic well-being. That is the philosophy underlying the Industrial Peace Act.
(Republic Act No. 875 (1953)) For, rightly has it been said that workers
unorganized are weak; workers organized are strong. Necessarily then, they join
labor unions.13

This right is an avenue to address problems which remain unheard with a single voice. The
freedom of association and collective bargaining is right providing for a space for social dialogue
for a healthy economic and social relations between the parties. It is considered to be an enabling
right for key parties to pursue their interests and negotiate on them accordingly.

Despite its presence in laws and department orders, the right to association lacks
acceptance in the Philippines. There still exists external pressures and interferences from the other
parties. It is recognized that because of poverty and the dire need for money, management is always

12
PHIL. CONST., art. III, VIII.
13
BPI v. BPI Employees Union (dissent, J. Carpio), G.R. No. 164301, (2010).

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at the upper hand of the game. Employees are effectively deprived of the right to associate and
bargain collectively if aggressive obstacles are placed at the doorstep of exercising such rights.
There is a lack of reinforcement for this right considering the persistent need for money from one
party and the seemingly unlimited power from the other party.

COMPULSORY OR FORCED LABOR

Forced labor is a universal wrong. It may be committed in various forms and degrees such
as debt bondage, slavery and human trafficking. The common features of a commission of forced
labor are: (1) the exercise of coercion; and (2) the denial of freedom.14 Rights are easily violated
because of the reality that most victims of forced labor are brought to far places where redress
from government is inaccessible. The isolation coupled with inaccessibility increases the
possibility of abuse.

The Philippines is equipped with several laws which essentially prohibit forced labor.
Under Section 4 of Republic Act No. 9208, several specific acts are considered as acts of
trafficking persons and are thus heavily punished under the same law.15 Article IV of Republic Act
No. 7610 also strictly prohibits child trafficking.16 Trafficking committed against migrant workers
and overseas employees are also protected from forced labor under Section 6 of Republic Act No.
8042.17 Even matching women with foreign nationals for compensation or more commonly known
as mail-order brides can be considered forced labor under Republic Act No. 6955.18

14
Supra note, 5.
15
An Act To Institute Policies To Eliminate Trafficking In Persons Especially Women And Children, Establishing
The Necessary Institutional Mechanisms For The Protection And Support Of Trafficked Persons, Providing
Penalties For Its Violations, And For Other [Anti-Trafficking in Persons Act of 2003], Republic Act No. 9208, 4
(2003).
16
An Act Providing For Stronger Deterrence And Special Protection Against Child Abuse, Exploitation And
Discrimination, And For Other Purposes [Special Protection Of Children Against Abuse, Exploitation And
Discrimination Act] Republic Act No. 7610, 4 (1992).
17
An Act To Institute The Policies Of Overseas Employment And Establish A Higher Standard Of Protection And
Promotion Of The Welfare Of Migrant Workers, Their Families And Overseas Filipinos In Distress, And For Other
Purposes [Migrant Workers And Overseas Filipinos Act Of 1995] Republic Act No. 8042, 6 (1994).
18
An Act To Declare Unlawful The Practice Of Matching Filipino Women For Marriage To Foreign Nationals On
A Mail Order Basis And Other Similar Practices, Including The Advertisement, Publication, Printing Or
Distribution Of Brochures, Fliers And Other Propaganda Materials In Furtherance Thereof And Providing Penalty
Therefore, Republic Act No. 6955, 2 (1990).

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 The Philippines is replete with laws protecting forced labor covering various sectors such
as children, women and migrant workers. Our very own Constitution strongly revolts against
involuntary servitude. There are sanctions in place and consequences to face but many violations
are committed in the dark or beyond public eye. There are syndicates all over the country housing
street children who will beg or sell sampaguita flowers for profit. Many OFWs are also misled to
working as call girls in pleasure houses against their will in foreign soil. Notwithstanding the many
laws that were drafted in different degrees and dimensions, forced labor is still an occurring yet
saddening reality in our society, yet to be addressed with finality.

CHILD LABOR

Children is an important sector of society. Due to the lack of knowledge and maturity,
children require a higher degree of protection to defend their own interests and rights. It is of grave
importance to protect these children from exploitation and from harmful conditions of work which
will effectually deprive them of a complete and healthy development. The principle of effective
abolition of child labor is defined as a manner of ensuring that every girl and boy has the
opportunity to develop physically and mentally to her or his full potential. Its aim is to stop all
work by children that jeopardizes their education and development.19 Children may be found
working in different areas such as family-based enterprises, agricultural undertakings, domestic
service and unpaid work in exchange of shelter like the street children in Manila or in rice fields
in the provinces.

There are several legislative enactments protecting the child from harmful conditions of
labor. The primary law containing the specificities of child labor is Republic Act No. 9231
amending pertinent provisions of Republic Act No. 7610.20

19
Supra note, 5.
20
An Act Providing For The Elimination Of The Worst Forms Of Child Labor And Affording Stronger Protection For
The Working Child, Amending For This Purpose Republic Actno. 7610, As Amended, Otherwise Known As The
"Special Protection Of Children Against Child Abuse, Exploitation And Discrimination Act" Republic Act No.
9231 (2003).

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 Again, the presence of laws and their further amendments fail to meet the objectives of the
lawmakers. In a news article reported last December 2015, several minor girls aged at 12 to 17
were forced by their pimp to have sex with their customers in makeshift cubicles under Honorario
Lopez Bridge in Tondo Manila. Most customers were truck and tricycle drivers, pier workers and
other men looking for a quickie for a rate of PhP500.21 These sad realities show that children of
such tender years are placed in such unfavorable circumstances. Moreover, the child consequently
loses their chance of obtaining their full potential with such a haunting experience.

DISCRIMINATION

Lastly, discrimination is not merely a single act committed against one since it is an entire
social norm which has found its way embedded in institutions. Discrimination is a social construct,
rooted on biased lenses and developed through an acceptance by society. Discrimination is a
mother offense. It leads to other violations of labor rights such as forced or compulsory labor and
child labor. Discrimination breeds other violations of human rights in the workplace. It is,
therefore, a precursor of other violations. Further, it is an ongoing offense: at entry point, during
employment and even post-employment.

Discrimination can be based on sex, race, religion, physical ability, political affiliations,
age, physical appearance, and educational attainment among others. The inequality in treatment
on these grounds make abuse more conveniently committed.

Article 3 of the Labor Code provides . There are also other special laws protecting specific
groups from discrimination such as Republic Act No. 7277 as amended by Republic Act No. 9442
protecting discrimination against persons with disabilities. There is also a recent development in
passing the Anti-Age Discrimination in Employment Act.22

21
Aie Balagtas See, Sex den under bridge raided; 5 girls rescued, PHIL. DAILY INQ. Dec. 10, 2015 available at
http://newsinfo.inquirer.net/746253/sex-den-under-bridge-raided-5-girls-rescued#ixzz4dXUkWtQI (last accessed
April 5, 2017).
22
An Act Prohibiting Discrimination Against Any Individual In Employment On Account Of Age And Providing
Penalties Therefor [Anti-Age Discrimination In Employment Act] Republic Act No. 10911 (2016).

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 Notwithstanding the relative progress of society in narrowing the gaps from the wide divide
among groups, discrimination is most prominently committed in the workplace. From a personal
interview in a local recruitment agency, preference is made to single women because there is less
reason for them to leave their assigned households as compared to a mother of four with a newly
born child and a wife to an ill husband. These simple preferences which are embodied in contracts
of employment are the sources of discrimination in employment. There is a need to address these
subtle biases which still affects the employment of many.

CONCLUSION

In broad strokes, several laws covering and protecting human right in the field of labor are
present in the Philippines. In view of the abovementioned discussion of the ILO Standards
juxtaposed with the laws provided for in the Philippines, the latter is compliant with the bare
minimum required by the former. With a handful of provisions and laws stipulating the
prohibitions, it is a worrying reality to know that there are still prominent violations of the human
rights in various ways and forms being continuously committed. Despite the abundance of
legislative enactments present in our legal system, compliance of the said standards is merely on
the surface. We are not lacking in the aspect of providing for the laws. There is a deficiency in the
enforcement and implementation of these laws that were crafted for the protection of several rights.
The sad truth is that protection of human rights cannot be verified by mere laws on paper.
Compliance to the International Labor Standards is not a matter of looking into the laws of a state
to ascertain the protections provided for.

Despite the lack of teeth of the ILO to enforce compliance or to punish violations. The most
the ILO can do is to pressure the government to abide by these core standards. The government plays
a major role in materializing these standards.

Going back to how this paper started in defining human rights as universal, inherent and
inalienable, such rights will remain as abstract ideals unless they are effectively and freely exercised
and protected. This is a call to the State upon whom the responsibility lies. It is an opportunity to revisit
our laws which provide for labor standards. It is not enough to adopt the standards into our laws. The
duty of the state to respect, protect and fulfill the human rights is a continuing obligation.

FINAL WORD COUNT: 3,747

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