Philippine Journal of Labor Studies
Volume I No. 2
July 2019
Editors-In-Chief
Ahmma Charisma Lobrin-Satumba
Patrick P. Patriwirawan, Jr.
Managing Editor
Reinerio A. Alba
Editorial Advisory Board
Maria Isabel D. Artajo
Bernard Paul M. Mangulabnan
Miraluna S. Tacadao
Cover
Marc Raphael A. Peñaredondo
Layout
Czarina May A. Cortez
The Philippine Journal of Labor Studies (lSSN 2672-3751) is published annually by the Institute for
Labor Studies (ILS) of the Department of Labor and Employment (DOLE).
All rights reserved.
The responsibility for opinions expressed in the articles presented here rests solely with their
authors, and publication does not constitute an endorsement by ILS.
Excerpts from materials published here can be reproduced, on condition that ILS is properly
attributed.
ILS welcomes editorial contributions. Queries can be sent to: The Editor, Philippine Journal of
Labor Studies, Institute for Labor Studies, 6/F BF Condominium Building, A. Soriano Avenue
corner Solana Street, Intramuros, Manila, Philippines.
Philippine Journal of Labor Studies
Volume 1 No. 2
July 2019
ISSN 2672-3751
Framework on Strengthening Multi-employer Bargaining in the Philippines
Joyce Anne S. Lumactud
1
An Analysis on Women’s Participation and Gender Integration in Services
and Industry Enterprise-Based Unions (EBUs) in the Philippines
Ronell J. Delerio || Reinerio A. Alba || Joyce Anne S. Lumactud
Malorie O. Mones || Carl Rookie O. Daquio
22
A Descriptive Study on Off-site Work Arrangement in the Philippines
Miraluna S. Tacadao
45
Labor and Employment Governance in a ‘Federal Philippines’: A Policy
Delphi-Survey Study
John Emmanuel B. Villanueva
63
Exploring the Case of Job Orders and Contract of Service Workers in the
Government
Ivan Cassidy F. Villena
99
Philippine Labor Market Situationer 2015-2017
Cesar A. Mansal
120
National Green Jobs Human Resource Development Plan 2019-2022
Employment Research Division
145
Foreword
Since 2012, the Department of Labor and Employment (DOLE), through its policy research and
advocacy arm, the Institute for Labor Studies (ILS), has been conducting its annual research
conference as a culminating activity of the Inter-Agency Committee on Research Matters with
various themes that centered on promoting decent work for all. A total of 121 studies have been
presented by DOLE agencies in the areas of employment, rights at work, social protection, and
social dialogue.
The researches for this year reflect the theme of the 2018 DOLE Research Conference: “Looking
Inward and Thinking Forward in Achieving Decent Work for All,” and underscore the strategy
of DOLE in formulating timely, appropriate, and evidence-based policies, as well as relevant and
stakeholder-centered programs and activities.
Looking inward in the context of research means looking at the Department’s own policies and
programs and being able to review their effectiveness, relevance, and applicability. This is evident
in the papers on the review of bilateral labor agreements and on the assessments of the DOLE
Integrated Livelihood Program, DOLE programs for displaced workers, employment injury benefits
of the Employees’ Compensation Commission (ECC), migrant shelters of Overseas Workers
Welfare Administration (OWWA), and employment of migratory sugar workers. The papers also
looked at how certain advocacies are being adopted such as gender mainstreaming in trade unions,
alongside issues and concerns arising from multi-employer bargaining scenarios.
Thinking forward in research enables us also to anticipate challenges and opportunities in the world
of work to ensure protection of workers and enhance their employability. Significantly, researches
for 2018 include exploratory studies to provide guiding principles for an ideal labor and employment
governance set-up in a ‘Federal Philippines,’ and to determine the decent work prospects of workers
in off-site work arrangements and fisherfolks in small-scale commercial fishing.
Part of the conscientious process of coming out with the researches in this volume included the
review and approval of the proposals by the ILS Executive Director for submission to its target
client. The initial research drafts were then presented in a validation forum, and were eventually
subjected to a peer review guided by the provisions on providing feedback of the Research Ethics
and Gender Responsive Research checklists. Prior to its publication, these researches have also
been presented to the Institute’s various stakeholders during the DOLE Research Conference held
in 2018.
The ILS anticipates that further researches are needed on the emerging forms of workplace
arrangements, the rise of non-standard forms of employment, and the role of universal social
protection in a stable and just future of work. These issues need to be tackled to help DOLE
formulate its strategic actions and to take the lead in further understanding the regulatory and
program management implications of the future of work.
Ahmma Charisma Lobrin-Satumba
Executive Director III
Framework on Strengthening Multi-employer Bargaining in the Philippines
Joyce Anne S. Lumactud
ABSTRACT
Collective bargaining is a constitutional right in the Philippines, and one of the fundamental principles
and rights under the International Labour Organization standards. Collective bargaining is done at
different levels from enterprise to sectoral to national level agreements. In the Philippines, the number of
workers covered by collective bargaining agreements is decreasing from 2007-2017 and are attributable to
the following factors: (1) majority of establishments are micro and small enterprises; (2) the rise in nonstandard forms of employment; (3) unions in the Philippines only cover wage and salary workers; and
(4) actions of employers that influence or hinder organizing and collective bargaining. Multi-employer
bargaining can be one of the mechanisms to help address the issue but at present, the policy needs to
be strengthened and the provisions of the implementing rules need to be amended. The study aims to
propose a framework to strengthen multi-employer bargaining in the Philippines specifically by having
an enabling environment by which the mechanism can be successfully implemented. To implement multiemployer bargaining, there is a need to review DOLE Department Order No. 40-03, specifically on union
membership coverage, workers representation, and provisions on multi-employer bargaining.
INTRODUCTION
Labor relations, also known as industrial relations, refers to the dynamics in which employers,
workers and their representatives and, directly or indirectly, the government interact to set the
ground rules for the governance of work relationships (Trebilcock, 2011). One element to ensure
that there is a policy on labor relations in a state is recognizing the workers’ rights to organize and
bargain collectively. These two principles ensure that the legally mandated rights of workers are given
to them and that workers, through their representative unions can bargain for rights and benefits
above what is prescribed by law.
A number of international labour standards provide guidance for law and policy in regard to regulating
labor and industrial relations in the economy. These standards include ILO Convention No. 11 (Right
of Association in Agriculture), ILO Convention No. 84 (Right of Association in Non-Metropolitan
Territories), ILO Convention No. 87 (Freedom of Association and Protection of the Right to Organize),
ILO Convention No. 98 (Right to Organize and Collective Bargaining), ILO Convention No. 135
(Workers’ Representatives Convention), ILO Convention No. 141 (Rural Workers’ Organizations),
ILO Convention No. 151 (Labour Relations in the Public Service), ILO Convention No. 154
(Collective Bargaining), and its corresponding ILO Recommendations. Among these conventions,
four are ratified by the Philippines1. ILO Convention No. 87 and Convention No. 98 are only two
from the eight fundamental Conventions that constitute fundamental principles and rights at work2
(Bitonio, 2015). Specifically, ILO Convention No. 87 seeks to protect the workers and employers
freedom of association and the right to organize against potential restrictions or infringements by
the State. Furthermore, these organizations should be capable of collective bargaining to determine
and regulate conditions of employment, wages, occupational safety and health, and other benefits.
Collective bargaining therefore, is one of the primary objectives of labor organizations and their
perceived success is concluding a Collective Bargaining Agreement (CBA) (Lewkowicz and Lewczuk,
2018). The right to organize and bargain collectively are recognized as mechanisms that promote
1 The Philippines ratified ILO Conventions 87 (Freedom of Association and Protection of the Right to Organize), 98 (Right to Organize and Collective Bargaining),
141 (Rural Workers’ Organizations), and 151 (Labour Relations in the Public Service).
2 The other six fundamental conventions are: ILO Convention No. 29 (Forced Labour), ILO Convention No. 100 (Equal Remuneration), ILO Convention No. 111
(Discrimination in Employment and Occupation), ILO Convention No. 138 (Minimum Age) and ILO Convention No. 182 (Worst Forms of Child Labor).
Philippine Journal of Labor Studies: Vol. I No. 2
1
decent work3.
Unions play a crucial role in protecting the rights, interests, and welfare of workers. With social partners
from the employers’ sector and the government, unions utilize social dialogue to discuss and come up
with strategies to address labor and employment concerns. Considering the dynamics in the labor market,
the world of work is undergoing major processes of change and there are strong calls for strategies to
address challenges regarding the “future of work” (ILO, 2017). Furthermore, a human-centered agenda is
being proposed as a means of addressing these challenges. This agenda is built on three pillars to invest in:
people’s capabilities, institutions of work, and decent and sustainable work. The institutions of work (i.e.
labor inspection, employment contracts, CBA) serve as the building blocks of just societies as institutions
forge pathways to secure a future of work with dignity, economic security and equality (ILO, 2019).
Freedom of association and collective bargaining play a major role to help strengthen institutions of work
by being innovative in organizing and collective negotiation. With the present landscape of decreasing
unionization rate as well as number of workers covered by collective bargaining in the Philippines, there
is a need to reform the existing policies, particularly on the role of unions and employers in promoting
decent and productive work through collective bargaining.
The right to collective bargaining is recognized in the Philippines under its laws and policies. The Philippine
Labor Code explicitly recognizes collective bargaining, in which DOLE Department Order No. 40, series
of 2003 acknowledges both single-enterprise and multi-employer bargaining as forms. Moreover, there
are certain provisions of the implementing rules of collective bargaining that provides specifically for
multi-employer bargaining as one of the processes for bipartite negotiations. Multi-employer bargaining
has the potential to improve bargaining coverage, compliance and address labor and employment issues
(ILO, 2015). However, while there is an existing policy, there is no available evidence on the practice of
multi-employer bargaining in the Philippines. Collective bargaining is predominantly undertaken at the
enterprise level.
RESEARCH OBJECTIVES
In cooperation with the Bureau of Labor Relations (BLR) and the ILO, the research project aims to provide
a comprehensive approach to strengthen multi-employer bargaining in the Philippines. The study seeks
to examine existing policies on collective bargaining and identify its opportunities and limitations in
addressing issues on labor and employment. It also aims to propose interventions to have an enabling
environment towards strengthened collective bargaining.
The research project is divided into three phases and to be implemented from 2018 until 2020. The first
phase focused on developing a framework to strengthen multi-employer bargaining. It reflected the gaps in
policy and practice of collective bargaining, look at the factors contributing to its lack of implementation,
and propose policy and program recommendations. The second phase will involve benchmarking with
other countries that are successfully implementing multi-employer bargaining. Finally, the third phase
will seek help from the labor and employer sectors to volunteer to pilot industries that would implement
multi-employer bargaining. Simultaneously, the study recommends an active policy review of existing
provisions on multi-employer bargaining and related provisions on collective bargaining.
Under the first phase, generally, the study aims to assess the readiness of the Philippines to successfully
conclude a collective bargaining agreement using multi-employer bargaining in the private sector.
Specifically, it aims:
1)
To describe the existing principles, policies and practices of multi-employer bargaining,
both locally and internationally;
3 Decent work, as defined by the ILO, is work that is productive and delivers a fair income, with a safe workplace and social protection, better prospects for personal
development and social integration, freedom for people to express their concerns, organize and participate in the decisions that affect their lives and equality of
opportunity and treatment for all women and men.
2
Lumactud: Framework on Strengthening Multi-employer Bargaining in the Philippines
2)
To identify gaps in policy and practice hindering an effective multi-employer bargaining
negotiation in the Philippines; and
3)
To recommend policy and program interventions to strengthen multi-employer bargaining
in the country.
Data-Gathering
The research is qualitative in nature. The researcher used primary and secondary sources to gather
data. Primary sources are derived from stakeholders’ consultations where representatives from
the labor, government and employers’ sectors shared their insights on the proposed framework to
strengthen multi-employer bargaining in the Philippines. The area-wide consultations were held on
15 January 2019 at Harolds’ Hotel, Cebu City, 25 January 2019 at Seda Abreeza Hotel, Davao City,
and 04 February 2019 at New World Hotel, Manila. The results of these consultations were used
by the researcher to assess the readiness of the Philippines to practice multi-employer bargaining,
in terms of policy and implementation as well as possible interventions for DOLE. Meanwhile,
secondary data sources are derived from literature reviews of existing laws and policies, practices as
well as trends on collective bargaining.
The findings of the research however, are limited to the private sector as the primary sources of
information are stakeholders from private companies and company unions and federations. Hence,
the recommendations are based on the validation of private sector stakeholders.
REVIEW OF RELATED LITERATURE
International Labour Standards on Collective Bargaining
The Right to Organize and Collective Bargaining Convention (ILO C. 98) complements ILO
Convention No. 87 (Freedom of Association and Protection of the Right to Organize). The former
focuses on the rights of workers and employers regarding organizing and bargaining collectively
while the latter focuses on the responsibilities of the State to protect freedom of association. ILO
Convention No. 98 aims to protect the workers against acts of anti-union discrimination and
protection of workers’ and employers’ organizations against interference by each other. With regards
to promotion of collective bargaining, the Convention calls for countries to take steps to encourage
the development of voluntary negotiations between workers’ and employers’ organizations for the
purpose of negotiating terms and conditions of employments through collective agreements.
Meanwhile, the Collective Bargaining Convention (ILO C. 154) defines collective bargaining4,
provides for extension of this practice (collective bargaining) to all branches of economic activity,
and proposes measures to be taken by States to promote collective bargaining. Its accompanying
Recommendation (R. 163) provides detailed measures to guide the ratifying countries, unions and
employers. Such measures can be applied through national legislation, collective agreements, and
arbitration awards or in any other manner consistent with national practice.
The international labor standards on collective bargaining give importance on two aspects. First,
while the collective bargaining process is bipartite in nature, the State has a definitive role to promote
collective bargaining and set terms in relation to the duty to bargain of unions and employers.
Second, the State, in promoting collective bargaining, should recognize the voluntary nature of the
process and that the parties should be autonomous in their decision to engage in negotiations, and
set the terms and conditions of employment. These fundamental conventions (C. 87 & C. 98) have
been ratified by the Philippines and provided the guiding principles of various issuances, particularly
4 ILO C. 154 defines collective bargaining as referring to all negotiations which take place between an employer, a group of employers or one or more employers’
organizations, on the one hand, and one or more workers’ organizations, on the other, for: (a) determining working conditions and terms of employment; and/or (b)
regulating relations between employers and workers; and/or (c) regulating relations between employers or their organizations and a workers’ organization or workers’
organizations.
Philippine Journal of Labor Studies: Vol. I No. 2
3
in the implementation of collective bargaining.
National Laws and Policies on Collective Bargaining
The 1987 Philippine Constitution provides the basis of all laws on collective bargaining. Specifically,
Article XIII, Section 3 provides that, the State guarantees the rights of all workers to self-organization,
collective bargaining and negotiations, and peaceful concerted activities, including the right to strike.
Furthermore, the State recognizes the role of workers in policy decision-making on areas affecting
their rights. Finally, the Constitution provides the means for dispute resolution.
On the other hand, Article 221 of the Philippine Labor Code, as amended, recognizes collective
bargaining. The provision further expounds on how collective bargaining can be a method to
democratically regulate labor and employer relations through CBAs. To implement this provision,
Rule XVI of DOLE Department Order No. 40, series of 2003 provides for the procedures on collective
bargaining.
Collective bargaining starts with a letter of intent from the recognized sole and exclusive bargaining
agent containing the proposal for collective bargaining. The employer has the duty to bargain with
the union and they may set terms and procedures for collective negotiations. They will also designate
their representatives to the negotiating panel. The negotiation of terms and conditions of employment
can begin. A successful collective bargaining is the signing and registration of a CBA. The CBA can
be renegotiated after three (for economic provisions) and five years.
Labor Organizations Structure in the Private Sector
The models on the right to self-organization and collective bargaining are based on a country’s legal
and institutional frameworks. In the Philippines, the abovementioned laws and implementing rules
provide the structure on labor organizations. As stated in DOLE Department Order No. 40-03, there
are different types of unions in the private sector. An Independent Union refers to a labor organization
operating at the enterprise level that acquired legal personality through independent registration.
Unions are organized for collective bargaining and other legal purposes. A Federation (also known as
National Union) refers to a group of legitimate labor unions in a private establishment organized for
collective bargaining or for dealing with employers concerning terms and conditions of employment
for their member unions or for participating in the formulation of social and employment policies,
standards and programs. A confederation of independent unions and federations is called a Trade
Union Center. Meanwhile, a Chartered Local refers to a labor organization in the private sector
operating at the enterprise level that acquired legal personality through the issuance of a charter
certificate by a duly registered federation or national union. On the other hand, a Workers Association
refers to an association of workers organized for the mutual aid and protection of its members or for
any legitimate purpose other than collective bargaining (Figure 1). For labor organizations to have
a legal personality or be capable of having legal rights and duties within the Philippine legal system,
such as access to government programs, sue, and be sued, it must be registered with the DOLE-BLR.
4
Lumactud: Framework on Strengthening Multi-employer Bargaining in the Philippines
Figure 1. Labor Organization Structure in the Philippines (Private Sector)
Source: D.O. 40, series of 2003
Based on the existing mandate of these labor organizations, only unions that are recognized by their
represented employees or the bargaining unit, are mandated to enter into collective bargaining with
employers. The State, or in this case, the DOLE, maintains a facilitative role in forming, organizing
and joining labor unions and in collective bargaining. Hence, it is the employee’s right to join or
not to join a union. Furthermore, a collective bargaining is successful when two parties agree,
negotiations are bipartite in nature and the role of the DOLE is limited to issuance of guidelines
and intervention when there is a bargaining deadlock. It is therefore, up to the parties to utilize
their resources (manpower and other means) to ensure that their interests are heard in collective
bargaining.
Trade Union Density and Collective Bargaining Coverage
While unionism and collective bargaining play an important role in achieving decent work, it is
important to look at how trade union density and collective bargaining coverage influence or relate
to each other (Sale, 2015 and ILO, 2015). Sale (2015) sought to establish the relationship between
voice regulation, where the systems of consultation and negotiation supplement minimum legal
frameworks; and representational security, where the security is based on the freedom of workers
and employers to form and join organizations of their own choosing without fear of reprisal or
intimidation. Sale (2015) used four quadrants to categorize countries based on trade union density
and collective bargaining coverage where the upper – left quadrant shows countries that are high on
collective bargaining coverage, but low on trade union density. The upper – right quadrant reflects
countries which are high on both collective bargaining coverage and trade union density. In the
lower – left quadrant are countries with low collective bargaining coverage and low trade union
density. The lower – right quadrant represents countries with low collective bargaining coverage but
high trade union density.
Meanwhile, ILO (2015) categorized countries such as with high trade union density and high
collective bargaining coverage; low trade union density and high collective bargaining coverage; and
low trade union density and low collective bargaining. Hence, countries with a higher collective
bargaining coverage rate has a higher level of voice regulation, while countries with a higher trade
union density rate has greater representational security.
Philippine Journal of Labor Studies: Vol. I No. 2
5
Using the Sale (2015) and ILO (2015) categories, the present landscape of unionism and collective
bargaining in the Philippines can be characterized primarily by low trade union density5
and low collective bargaining coverage6 (Figure 2). Using the 10% threshold, the Philippines belongs
to the lower – left quadrant, while Netherlands and Croatia belong to the upper – right quadrant.
Figure 2. Quadrants of Trade Union Density and Collective Bargaining Coverage Rate
Source: Sale and ILO, 2015
From 2007 to 2017, trade union density is constantly low at an average of 6.61 percent. More alarming
is the 1.04 percent average collective bargaining coverage during the same period (Figure 3).
Source: BLR administrative data, 2007-2017
Aside from the Philippines belonging to a category with low trade union density and low collective
bargaining level, the country has both weak representational security and voice regulation. In
comparison with other countries, Croatia, Canada, Columbia, Israel, Netherlands, Slovenia, South
Africa, the United Kingdom and the United States have more representational security since these
5 Trade union density corresponds to the ratio of wage and salary earners that are trade union members, divided by the total number of wage and salary earners
(OECD Labour Force Statistics).
6 Collective bargaining coverage is an indicator of the extent to which the terms of workers’ employment are influenced by collective negotiation. It is the coverage
rate, i.e. the number of employees covered by the collective agreement, divided by the total number of wage and salary-earners (OECD Glossary of Statistical Terms).
6
Lumactud: Framework on Strengthening Multi-employer Bargaining in the Philippines
countries have a higher collective bargaining coverage rate than trade union density rate. On the
other hand, voice regulation is more prevalent in the remaining countries.
It is important to note that countries which fall below 10 percent in both trade union density and
collective bargaining coverage are mostly Asian countries namely, Malaysia, Thailand and Turkey.
However, these countries also have a higher trade union density rate than collective bargaining
coverage. With this illustration, it can be implied that having a right to organize does not necessarily
translate into exercising the right to collective bargaining (Figure 4). There are various reasons for
these statistics. For one, union membership may be concentrated in the public sector where terms
and conditions of work may be discussed in other avenues. Another reason is that unions may not
prioritize collective bargaining and instead focus their resources on lobbying and administration
of social security. Finally, the role of employers in collective negotiations pose a great factor in the
decrease or increase of collective bargaining coverage.
Countries implementing more than one level of collective bargaining naturally have higher collective
bargaining coverage rate. As presented, countries in Europe with some in Latin America and South
Africa have higher collective bargaining coverage rate than trade union density. These countries have
the following scenarios in common. First, these countries have promoted and practiced the principle
of the right to organize and the right to collective bargaining. Second, these countries have well
developed economies, though some developing countries are also successfully engaging in multiemployer bargaining. Third, the countries have a larger portion of wage and salary workers. Fourth,
they have established institutions and structure for different levels of collective bargaining. Finally,
the above mentioned countries have a provision for extension of CBAs to cover agreed employees
regardless of status. All countries that have high trade union density and high collective bargaining
coverage have these conditions present as well. Countries that have low trade union density but
high collective bargaining coverage also have the above mentioned conditions, but they also have
provisions for giving unions the right to represent non-union members, such as those outside the
bargaining unit and outside the company. On another aspect, workers are also given the freedom to
choose what labor organization can represent them.
Source: ILO database (2015)
Philippine Journal of Labor Studies: Vol. I No. 2
7
Factors Contributing to the Decreasing Trend of Trade Union Density and Collective
Bargaining Coverage
In the Philippines, the low trade union density and low collective bargaining coverage rate can be
attributed to the socio-economic situation of the country. First, majority of the establishments in
the Philippines is made up of Micro, Small and Medium Enterprises (MSMEs) with less than ten
workers (PSA, 2015). Micro enterprises made up the bulk of establishments. The Philippines has
a total of 900,914 establishments in 2015 with 806,609 establishments (90%) making up the micro
enterprises followed by small (9.59% or 86,367 establishments) enterprises. Large and medium sized
enterprises have the least number of establishments with only 4,075 (0.45%) and 3,863 (0.43%)
establishments, respectively. An establishment with less number of employees (i.e. less than 10
employee) makes it difficult to organize an enterprise-based union, hence, contributing to the low
trade union density. While there are no laws prohibiting the right to organize in MSMEs, forming
and joining unions is commonly practiced in establishments employing more than ten workers. If
we are to evenly distribute union members to the number of registered unions in the private sector,
the result is an average of 11,000 members per union. The present environment is not conducive for
the promotion of freedom of association and bipartism between employers and labor organizations
which is unfavorable when engaging in collective negotiations.
Second, the changing nature of employment is contributing to the increase of non-standard forms of
employment (NSFE) given the ambiguous employer-employee relationship. In 2015, during the ILO
Meeting of Experts, non-standard form of employment is defined as work that is not open-ended,
not full-time, not direct, subordinate relationship with end user, and not part of an employment
relationship (ILO, 2016). Examples of NSFE are temporary employment, part-time and on-call work,
multi-party employment relationship (i.e. labor hires, subcontracted work), and dependent selfemployment or those which seemingly have no employer-employee relationship (i.e. independent
contractors). In a study by Serrano and Xhafa (2016), trade unions can influence the transition of the
informal workers to formal employment. Using case studies from Brazil, India, Israel, Nepal, Nigeria,
Philippines, South Korea, the UK, and Zambia, it was found out that all the union initiatives have
drawn on institutional power resources to provide workers in precarious7 informal employment with
more ‘protected employment’. They found out that, centralized levels of bargaining (i.e. industry and
national) are more likely to yield better outcomes in terms of higher protection for non-standard
workers and stronger regulations on the use of non-standard employment. Trade unions have
pushed for the reconfiguration of the collective bargaining institutions to help address this concern.
Third, there is a need to rethink union membership in view of the changing employment relationships
and hiring practices. This factor is in relation to the second one. As the employment relationship
evolves, there must be innovative ways to organize to make unionism more inclusive. In practice,
unions in the Philippines only cover wage and salary workers, specifically, the regular employees
of a company. There is a need to revisit the classifications of employment and category or status
of employees in relation to their eligibility or ineligibility to exercise their right to organize. Too
many classifications or categories of employment lead to fragmentation of bargaining units. This
weakens the efficiency and effectiveness of collective bargaining (Bitonio, 2015). If we are to look
at the principles of the right to organize, other types of workers such as agency-hired workers and
contractual workers can join the same union as regular workers and be part of the bargaining unit8.
In terms of collective bargaining principles, the CBA provisions should apply to the workplace and
not just to the direct employees. If this is practiced, even workers in precarious work and those in
informal employment can be protected and given regular employee rights.
7 Precarious workers are those who fill permanent job needs but are denied permanent employee rights.
8 Bargaining unit refers to a group of employees sharing mutual interests within a given employer unit, comprised of all, or less than of the entire body of employees
in the employer unit or any specific occupational or geographical grouping within such employer unit.
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Lumactud: Framework on Strengthening Multi-employer Bargaining in the Philippines
Finally, the actions of employers can also influence or hinder organizing. Article 248 of the Philippine
Labor Code enumerates unfair labor practices (ULP) committed by employers as:
1) Requiring as a condition of employment that a person or an employee shall not join a
labor organization or shall withdraw from one to which he belongs;
2) Contracting out services or functions being performed by union members when such
will interfere with, restrain, or coerce employees in the exercise of their right to selforganization;
3) Discrimination as regards to wages, hours of work, and other terms and conditions
of employment in order to encourage or discourage membership in any labor
organization; and
4) Dismissal, discharge, prejudice or discrimination against an employee for having given
or being about to give testimony.
The abovementioned interference to collective bargaining can be stemmed from interference on
workers’ rights to organize. ILO’s Committee on Freedom of Association (CFA) received cases of
union busting, thereby affecting organizing. The reports by the ILO supervisory bodies, including
the CFA, Committee of Experts on the Application of Conventions and Recommendations (CEACR)
and Committee on Application of Standards of the International Labour Conference, on ILO
Convention No. 87 categorized the issues (and accompanying recommendations) into three groups:
(a) those relating to civil liberties and trade union rights (addressing violence, threats, intimidations
and harassments against unionists and the climate of impunity); (b) legislative issues; and (c)
promotion of a climate conducive to FOA (addressing other obstacles on the right to organize).
Multi-Employer Bargaining
Structural conditions for multi-employer bargaining exists when there are two or more employers
negotiating with one or more unions. Multiple employer bargaining refers to all situations in which
two or more employers bargain or negotiate jointly, through a committee or association, with one or
more labor organizations representing employees (or workers) of the counterpart employers party,
with respect to wages, working conditions and other terms and conditions of employment (ILO,
2015).
Table 1 presents the difference between a single-enterprise bargaining and multi-employer bargaining
and its implication in collective bargaining.
Philippine Journal of Labor Studies: Vol. I No. 2
9
Table 1. Comparative Matrix on Collective Bargaining
INDICATOR
SINGLE-ENTERPRISE BARGAINING
•
Enterprise level
•
•
•
•
•
National
Regional
Sectoral
Industry-wide
Branch of activity
Typical number of agreements
•
Many
•
One or more
Parties
•
Representing employers
One employer
•
•
More than one employer
One or more employers’ organization
•
Whether a single trade union or coalition of unions representing a majority
of workers
Most representative trade unions at the
industry or national level
•
•
•
•
Representing workers
Implications for
distribution of wages
•
Standardizes pay rates
Compresses enterprise wage
structures
Perpetuate wage differentials
•
Raises wage floors
Standardizes pay rates across the
industry with an equalizing effect on
wage distribution;
Has moderating effect on wages,
benefiting more productive enterprises
in an industry
Implications for enterprise
efficiency
Agreements tend to reflect the performance of enterprises and the competitive
environment within which they operate
Agreements can apply to the whole
industry (especially when public policy is to
extend the agreement), and reduce (wage)
differences between enterprises, can provide
an incentive for more efficient enterprises
to innovate
Topics for negotiation
Tailored for enterprise level workers
needs
•
•
Applied to parties that negotiated
the CBA and the workers they
represent;
Applied sometimes to all
employees even if they are not
members of the trade union; or
In some systems with exclusive
bargaining agents, the CBA may
apply to all employees in the
bargaining unit
•
•
Applicable to signatory parties
Applicability of a collective agreement
may be extended by a public authority
to non-parties, provided certain
conditions are met (e.g. requested
by one or more of the signatory
parties; parties considered sufficiently
representative; non-parties able to
submit observations)
May not include employees of nonparties, such as workers employed
by temporary employment agencies
(working at the same work site)
•
High degree of inclusivity as multiple
employers can be involved
Extension can apply entitlements in
collective agreements to vulnerable
categories, such as migrant workers
or those in non-standard forms of
employment
Application of provisions
•
•
Inclusivity
•
•
•
•
•
•
Issues affecting a whole industry (i.e.
social insurance, funding of training)
Wage floor
Basic conditions of employment
Wage increases at industry level
Specific issues to be addressed in a
detailed manner at the enterprise level
Duration of agreement
•
Fixed-term
•
•
Fixed-term; or
With a reopener clause to periodically
review wages and other issues
Typically advocated by:
•
•
Employers
Trade unions that have majority
representation at one enterprise but
are not well organized across the
industry
•
•
Trade unions
Employers wishing to prevent unfair
wage competition and/or reduce the
administrative costs related to bargaining at an enterprise level with multiple
unions
Source: ILO Collective Bargaining Policy Guide, 2015
10
MULTI-EMPLOYER BARGAINING
Bargaining level
Lumactud: Framework on Strengthening Multi-employer Bargaining in the Philippines
In terms of inclusivity, multi-employer bargaining is considered effective especially with the
provision on the extension of collective agreements. Multi-employer bargaining, especially when
being complemented by statutory mechanisms to extend the coverage of collective agreements to
employers who are not affiliated with any unions in the negotiating table, can have workers in nonstandard employment benefit from the CBA.
Multi-employer bargaining also helps employers to secure industrial peace and stability to the
industry as they save bargaining costs for individual enterprises. It also promotes coordination that
affects wages and productivity in the industry. By establishing ‘common rules’ and joint regulation
through industry-wide bargaining, the need for and costs of statutory intervention is reduced. It
also prevents a race-to-the-bottom among firms on labor costs and other employment conditions
and avoid unfair competition. Moreover, Farnham (2000) argues that there is greater cost efficiency
in multi-employer bargaining compared to enterprise bargaining. A strongly coordinated collective
bargaining can extend coverage, sequence of negotiations and set parameters on the application of
provisions at different levels.
At present, the Philippines is operating in a decentralized structure where collective bargaining
occurs at the plant or company level. Sale (2015) argued that multi-employer bargaining could
pave the way for more centralized bargaining structures, like industry- or economy-wide collective
bargaining. Studies show that an industry- or economy-wide bargaining structure correlates with
higher trade union density and lower strike activity. According to Hibbs (1976) and Sale (2015), strike
activity is higher in countries where the bargaining structure is decentralized (company and plant
bargaining) and lower in countries that have centralized or highly centralized bargaining systems
(industry-wide or economy-wide bargaining). Unions negotiate in such a way that the agreements
offer inclusive labor protection and establish minimum standards for working. Consequently, all
workers benefit including the unskilled and vulnerable workers. Furthermore, Xhafa (2015) argued
that unions as social actors will act in the benefit of all employees in the workforce regardless of the
work arrangement as they are driven both by the genuine concern to protect vulnerable workers
and the concern that the rise in NSFE will undermine existing wage and working conditions.
Hence, strategies such as lobbying for reforms in laws and policies, building of alliances with other
organizations, and collective bargaining at different levels are being undertaken. Strategies aimed
at strengthening collective bargaining to protect workers in NSFE yielded the following results: (1)
securing regular employment; (2) negotiating for equal pay; (3) guaranteeing decent working hours;
(4) extending maternity protection; and (5) improving occupational safety and health.
Policy Limitations of Multi-Employer Bargaining in the Philippines
In the Philippines, the State recognizes multi-employer bargaining as one form of collective
bargaining mechanism. Rule XVI, Section 5 of DOLE Department Order No. 40-03 introduced
multi-employer bargaining as a form of negotiation. It provides conditions on who may participate
in multi-employer bargaining, specifically such as:
1) legitimate labor unions who are incumbent exclusive bargaining agents;
2) employers with counterpart legitimate labor unions who are incumbent bargaining
agents; and
3) legitimate labor unions who pertain to employer units who consent to multi-employer
bargaining.
Section 6 of DOLE Department Order No. 40-03 provides the procedures and requirement when
engaging in multi-employer bargaining. The first requirement is the submission of a letter of
intent and the consent of parties. During the course of negotiations, consenting employers and the
corresponding legitimate labor unions shall discuss and agree on the following: (1) the manner by
Philippine Journal of Labor Studies: Vol. I No. 2
11
which negotiations shall proceed; (2) the scope and coverage of the negotiations and the agreement;
and (3) where appropriate, the effect of the negotiations on current agreements or conditions of
employment among the parties.
There is an attempt to negotiate using multi-employer bargaining in the Philippines. In 2005, the
National Union of Bank Employees (NUBE) signed a memorandum of agreement that resulted in
one (1) CBA for the rank and file employees of the parent and subsidiary companies of Banco de
Oro (BDO). Based on the agreement, the recognized bargaining unit shall cover all rank and file
employees of BDO Unibank affiliate and its subsidiaries, effectively placing within the scope of the
negotiated CBA employees of the subsidiary corporations of BDO as well. The result of this CBA
was a standardization of wage increases, which benefited across all rank and files employees in BDO
Unibank and its affiliates and subsidiaries. The standardized wages, as well as benefits gained from
the agreement could possibly pave the way for an industry-wide bargaining, hence, having a higher
collective bargaining coverage. By having standardized wages, competition among firms on account
of wages can be mitigated. However, the limitations faced by the union is in the existing policy of
DOLE Department Order No. 40-03. Under current rules, the voluntary nature of multi-employer
bargaining as stipulated in the Department Order limits its application in practice. Employers may
simply refuse to be covered by multi-employer CBAs, unless the duty to bargain is more specific, or at
least compel employers to negotiate.
In the Philippines where trade union density is low, posing a cap on workers representation is not
beneficial and quite restrictive in practicing multi-employer bargaining. The concept of a Sole and
Exclusive Bargaining Agent (SEBA) is only applicable to single-enterprise bargaining to ensure that
the union voted through certification election gains the trust of the majority of the workers in the
bargaining unit to represent them. The present rules of having SEBA as a requirement for companies
to engage in multi-employer bargaining creates hurdles on representativeness of the sector or industry.
Creating an Enabling Environment for Multi-Employer Bargaining: Proposed Operational
Framework
Based on the area-wide consultations, stakeholders are generally optimistic on the opportunities
that multi-employer bargaining can bring especially in the context of an evolving employment
arrangements and the need to ensure decent work for all. Table 2 presents these summary of responses
and recommendation based on the workers and employers’ perspective towards a goal of an inclusive
CBA coverage
Table 2. Summary of Responses and Recommendations during the Area-wide Consultation on Strengthening MultiEmployer Bargaining Towards a More Inclusive Form of CBA Coverage
12
Aspect
Employer
Worker
What is/are the perceived
benefit/s?
•
Stronger bargaining power for employer
organizations
•
•
Standardize cost of operations across
the industry
Establish same company benefits
standards across all workers in
the industry
•
•
operation of the company will not be
hampered since there are designated
representatives during negotiations
Push for legislation of industry
standards
•
attract other workers to become
union members
•
Set standards specific for MSMEs in the
region
•
organize the unorganized MSMEs in the region
Lumactud: Framework on Strengthening Multi-employer Bargaining in the Philippines
Aspect
Employer
Worker
For employers, what industry
or sector and areas can
you consider for applying
multi-employer bargaining in
CBA negotiations?
•
Retail and distribution
•
Construction
•
Garments
•
Eco-tourism
•
Manufacturing
•
Garments
•
The workers see multi-employer
bargaining as a tool that can
be used in wage setting and to
transition of informal sector into
the trade union structure.
•
Different conditions of companies (i.e. culture, business
structure, legal impediments)
•
Create partnerships to impact
wages and labor standards
•
Review of D.O. 40 and the Labor
Code to explicitly state industry
bargaining
•
Equal representation must be
maintained for both employers
and employees
•
informal sectors can cooperate.
•
Workers emphasized that all
agreements must cover all types
of workers regardless of status.
For employees, how can
you utilize multi-employer
bargaining to further your
sector’s agenda?
What are the possible
constraints that will hinder
an effective multi-employer
bargaining negotiation?
What policy areas can be
improved for multi-employer
bargaining in terms of:
•
Resistance of employers
•
Different capabilities of companies to
comply with the provisions of the CBA.
•
Lapses in D.O. 40 (how to treat an
employer who wants to disengage in
multi-employer bargaining in the middle of negotiations)
•
Importance of the Industry Tripartite
Councils (ITC) in improving the
standards of industries
•
Industries can initiate reforms regarding
the possibility of multi-employer
bargaining.
•
Accredited and valid employer and
employee representatives
(a) Industry bargaining
(b) Parties involved
(c) Workers covered
•
(d) CBA Coverage
In negotiating under a multi-employer
bargaining agreement, the topics that can be
included are:
The workers covered will include third
parties such as agency-hired and outsourced workers.
•
Social protection benefits;
•
Working conditions;
•
•
Workers strongly think that multi-employer agreements can set a framework
tailored to the need of the industry
pertaining to:
•
development of the industry;
Productivity and performance based
incentives; and
•
wages;
Wage related negotiations (however,
they believe that this cannot be done in
the near future)
•
working conditions;
•
labor relations;
•
Contractualization;
•
contribution to economy;
and
•
Voluntary dispute settlement.
Philippine Journal of Labor Studies: Vol. I No. 2
13
Aspect
Employer
Worker
How can you utilize existing
tripartite mechanisms for
multi-employer bargaining?
They can maximize the existing tripartite
mechanisms by:
•
Improve the representation of the
informal sector; and
•
Proper information dissemination
•
•
Data gathering on multi-employer
bargaining; and
Government to require a compulsory union in all companies
to strengthen trust within the
workers.
•
Inclusive representation in tripartite
bodies.
•
ITCs to recognize the possibility of
multi-bargaining agreement for them to
be able to set standards
•
Include informal workers in the
discussion
•
Holistic study to widen the benefits of informal economic unit
(a) NTIPC and Regional/Provincial TIPCs
(b) ITCs and Regional ITCs
(c) Voluntary Codes of Good
Practices
Contents of VCGPs can be benchmarked as
standards for negotiation in multi-employer
bargaining.
Same with the employers as they
believe that benchmarking can greatly
impact different companies.
In terms of applicability to their respective regions and sectors, there are mixed responses. There are
some stakeholders who think that multi-employer bargaining is not applicable to the region because
they are currently enjoying industrial peace. The notion of “If it isn’t broke, why fix it?” is prevalent
among these regions. For others, multi-employer bargaining is applicable based on the common
interest of workers and employers. However, majority of the stakeholders emphasized that applying
it in collective bargaining is possible but hampered because of the following:
1) Lack of awareness on the concept of multi-employer bargaining;
2) Lack of desire to engage in multi-employer bargaining;
3) Competition / rivalry;
4) Lack of labor market information at the regional level (no profile of the industry
especially on MSMEs);
5) For unions:
a.
Fragmented unions; and
b.
Strict guidelines on representation of exclusive bargaining agents on top of
the existing rules on determining the SEBA at the enterprise level
For employers:
c.
Trade secrets that may be exposed during negotiations; and
d.
Difficulty of applying CBA provisions on monetary benefits.
Based on existing issuances and the results of the stakeholder consultations, an ideal collective
bargaining process in the Philippines can be governed by ensuring that certain elements are present.
Policy requirements for negotiation
Sections 5 and 6 of Rule XVI of DOLE Department Order No. 40-03 provides the policy requirements
for multi-employer bargaining. Specifically, Section 5 enumerates the three conditions for it. First,
only legitimate labor unions who are SEBA may participate. Second, only employers who have a
14
Lumactud: Framework on Strengthening Multi-employer Bargaining in the Philippines
counterpart union, who are the SEBA may engage in negotiations. Finally, when the first two
conditions are met, the employer/s must consent to conduct multi-employer bargaining.
The abovementioned requirements are restricting the inclusivity of multi-employer bargaining, as
it merely multiplied the number of parties engaging in the usual single-enterprise bargaining. The
need for a SEBA to represent the bargaining unit is only applicable for single-enterprise bargaining.
Even without a provision for extending the coverage of the CBA, representation of the bargaining
unit has been a tedious process. Certification elections and voluntary recognition remain the main
mechanisms to determine representation of the bargaining unit. Furthermore, the consent of the
employers to undergo multi-employer bargaining is contrary to the existing provision of the Labor
Code, as amended. Article 263 (252) of the Labor Code provides that the duty to bargain collectively
means the performance of a mutual obligation to meet and convene promptly and expeditiously in
good faith for negotiating an agreement. Even if the duty to bargain does not compel the parties to
agree to a proposal or make any concession, the duty to bargain is the first step for starting collective
negotiations using multi-employer bargaining. Hence, requiring the consent of the employer to
undergo multi-employer bargaining is contrary to their duty to bargain.
Based on country practices, the following policies are present when implementing collective
negotiations using multi-employer bargaining:
1) Policy recognizing different levels of collective bargaining. Countries have a policy basis for
collective bargaining, particularly in recognition of the various levels. It can be as broad as what
is stated in ILO Conventions No. 989 and No. 15410, as long as the state recognizes collective
bargaining as a process and mechanism for collectively negotiating higher terms and conditions
of work. ILO Recommendation No. 163 provides guidance on the varying levels of collective
bargaining stating that countries can take measures so that collective bargaining is possible at any
level, including that of the establishment, the undertaking, the branch of activity, the industry,
or the regional or national levels.
2) Duty to bargain. The duty to bargain has four duties that must be fulfilled to be considered as
bargaining in good faith. These are: 1) to meet and confer at reasonable intervals in a mutually
convenient place; 2) to engage in meaningful discussions over all negotiable issues; 3) to show
the reason why certain demands cannot be accepted; and 4) to make counter proposals (Sheldon
et al, 2004).
While the Philippines has a policy of the duty to bargain under the Labor Code, a more decisive
policy is employed by other countries such as: 1) the parties are given a timeframe to respond
to the proposal to bargain; and 2) if an employer refuses to bargain without good cause after
the relevant union properly requests bargaining, they can be held criminally liable as refusal
to bargain is enumerated as unfair labor practice (ULP). An unfair labor practice can have
criminal liabilities if indicated in the Labor Code (Cho, 2013)11. In the Philippines, ULP can
also be a criminal offense. However, no criminal prosecution may be instituted without a final
judgment from the National Labor Relations Commission (NLRC) that an unfair labor practice
was committed.
3) Parties to collective bargaining. The parties for collective bargaining can be as simple as having
the employer and the trade unions negotiate. However, the constitution of a panel of negotiators
can be unfavorable to the content of the CBA. Hence, the parties can strategically appoint their
representatives to negotiate.
9 ILO Convention No. 98 (Right to Organize and Collective Bargaining)
10 ILO Convention No. 154 (Collective Bargaining)
11 Korea imposes a criminal liability for unfair labor practices. If an unfair labor practice is proven, there will be administrative remedies to be imposed by the Labor
Relations Commission (LRC) and other relevant criminal sanctions. Examples of obstructing the duty to bargain / unfair labor practices are delaying or obstructing the
process of negotiation or having a representative with no authority to conclude negotiations or sign the CBA to be part of bargaining team.
Philippine Journal of Labor Studies: Vol. I No. 2
15
For the employers, they can negotiate directly, or appoint managers or experts to negotiate on
their behalf. Alternatively, employers might decide to establish or join an employers’ organization
that will represent them and promote their interests. The policy on multi-employer bargaining
needs to recognize the right of employers to enter into collective bargaining on their own behalf,
or be represented by an employers’ organization. Employers organizations will need a mandate
from their members to negotiate wages and working conditions.
For the bargaining unit, unions have the right to represent workers, which varies with different
countries. For the Philippines, there is no guidelines for representation for multi-employer
bargaining and the procedure only sets the requirements on who can avail of it.
If it is for sectoral representation, it is important for the parties that when they reach an
agreement, it is extended to non-party employers and employees. Representativeness can be
achieved through voluntary or statutory means. Where recognition is voluntary, it is usual for
the parties to sign a recognition agreement. This is important in such a way that employers (or
employers’ organizations) and trade unions recognize each other as bargaining representatives,
set out the procedures to be followed and the issues to be addressed through collective bargaining.
Statutory provisions to determine representation is more appropriate for competing unions, but
the procedures have to be consulted with stakeholders. In some established industrial councils,
permanent structures for multi-employer collective bargaining can be formulated.
4) Unfair labor practices related to collective bargaining. Unfair labor practices in the Philippines
are offenses committed by the employer or labor organization which violate the constitutional
right of workers and employees to self-organization. Unfair labor practices are acts that are
inimical to the legitimate interests of both labor and management, disrupt industrial peace and
hinder the promotion of healthy and stable labor-management relations (Art. 248 of the Labor
Code, as amended). Unfair labor practice for collective bargaining is not indicated in Article
248. The Philippines can adopt some policies on unfair labor practices related to collective
bargaining such as refusal to bargain, and imposing civil and criminal liabilities.
5) Extension of coverage. CBAs entered by parties of multi-employer bargaining can have a
provision for extension. This is an approach adopted by governments of countries engaging
in multi-employer bargaining and is done through a legislative enactment. Extension of CBAs
may be provided by the DOLE who can declare some or all the CBA provisions are generally
binding to all enterprises and workers in an industry, branch, occupation and/or geographical
area. Extension of coverage is a tangible proof of inclusivity of CBAs using multi-employer
bargaining. However, there are legislative considerations in order to implement extension of
collective agreements. ILO Recommendation No. 91 provides these requirements for extension
such as: (1) the prior request by one or both parties to extend an agreement; (2) representativeness
of the parties to the agreement in relation to those to whom it would be made applicable; and
(3) the opportunity for those to whom an agreement will be made applicable to provide their
observations prior to extension. Furthermore, after a legislative enactment, the granting of CBA
extension is lodged with the Secretary of Labor and Employment or his/her representative.
Areas for Negotiation: Framework and Thematic Agreements
The CBA contains economic and non-economic provisions. Economic provisions include leaves,
medical and dental benefits, retirement, death, allowance and wage increase. On the other hand, noneconomic provisions may include union security, union recognition, social dialogue and workplace
cooperation mechanisms, grievance handling and dispute resolution, employment security and use
of short term contracts, and gender equality and other forms of discrimination. Through multiemployer bargaining, it can cover a wide range of topics for negotiation.
16
Lumactud: Framework on Strengthening Multi-employer Bargaining in the Philippines
Multi-employer bargaining CBAs can be patterned after the common provisions of single-enterprise
CBAs in a particular industry. For example, a comparative study of CBAs in the water and hospital
industries showed the following common provisions:
WATER INDUSTRY
HOSPITAL INDUSTRY
•
Union recognition and security
•
Scope of Agreement
•
Management prerogative and shared responsibility and
accountability
•
Union recognition and Security
•
Employees Rights and Benefits
•
100% Leave Benefits
•
Overtime, Holiday, Rest, Nightshift, Hazard Pay
•
Monetization of Leave Benefits
•
Leave Benefits
•
Wage/Salary Increase
•
Monetization of Leave Benefits
•
Rewards and Incentives
•
Wage/Salary Increase
•
Rice Subsidy/Allowance
•
Rewards and Incentives
•
Retirement, Resignation and Death
Benefits/Privileges
•
CBA Incentive
•
Grievance Machinery
•
Rice subsidy allowance
•
•
Retirement, Resignation and Death Benefits/Privileges
Labor-Management Consultative
Committee
•
Grievance Machinery
•
Union privileges (meetings, general
assembly, labor education, etc.)
•
Personnel Rights and Representation
•
•
Labor-Management Consultative Council
Printing of the Approved CNA/CBA
shouldered by the company/agency
•
Office Space and Equipment for Union (bulletin board, computer
units, etc.)
•
Duration of the Agreement
•
Union privileges (meetings, general assembly, labor education,
etc.)
•
Employees‟ Family Day Celebration
•
Printing of the Approved CBA shouldered by the company/
agency
•
Technological Changes
•
Duration of the Agreement
Source: Comparative Analysis of Selected CBAs, PSI. n.d.
Framework agreements are documents that create structures for union-firm social dialogue. During
a consultation on enforcement of labor standards, stakeholders called for standards particular to
an industry. This is to incorporate the peculiarities of the industry such as the movie/TV industry,
agriculture and health among others. A framework CBA is beneficial, as it can lead to an industryspecific standards by which enforcement can be based. It can also set the minimum conditions of
work for a particular industry and applicable to all companies. Framework agreements do not limit
companies for engaging in single-enterprise bargaining that contain details specific to their needs, as
long as they fall within the blanket agreement negotiated using multi-employer bargaining.
Likewise, thematic agreements are designed to prospectively advance particular worker rights issues,
such as worker safety and freedom of association, through ongoing labor-business structures. These
can include areas that are otherwise not yet regulated by labor laws and related issuances, and may
become basis for future legislations specific to the industry or sector.
Philippine Journal of Labor Studies: Vol. I No. 2
17
Collective Bargaining Agreement (CBA): Levels of Application
A Collective Bargaining Agreement (CBA) is the result of a successful negotiation between union
and management representatives. The CBA resulting from multi-employer bargaining covers a wider
range of workers with companies that have different capabilities to comply with some provisions of
the said CBA. This has been the major issue of stakeholders, particularly the employer sector.
It is proposed that: (1) some provisions of the CBA need not apply to all workers; (2) adopt framework
agreements for the industry or sector and have single-enterprise CBAs for specific application of its
provisions; and (3) utilize existing industry tripartite bodies to act determine levels of application of
CBA provisions.
Dispute Settlement
In the event that there is a bargaining deadlock, or parties have not reached an agreement, the
parties should resort to grievance machinery. Grievance machinery is a mechanism for expeditious
resolution of grievances arising from the interpretation or implementation of CBAs, or those arising
from the interpretation or enforcement of company personnel policies. The Philippines employs
compulsory arbitration and voluntary arbitration as the most common mechanisms for settling
disputes.
Compulsory arbitration happens in the event that the parties have not reached agreement is generally
contrary to the principles of collective bargaining. Compulsory arbitration is only acceptable in
certain specific circumstances, namely: (i) in essential services in the strict sense of the term, that
is, those the interruption of which would endanger the life, personal safety or health of the whole
or part of the population; (ii) in the case of disputes in the public service involving public servants
engaged in the administration of the State; (iii) when, after protracted and fruitless negotiations, it
becomes obvious that the deadlock will not be broken without some initiative by the authorities; or
(iv) in the event of an acute crisis.
Voluntary arbitration refers to the mode of settling labor-management disputes by which the parties
select a competent, trained and impartial person who shall decide on the merits of the case and
whose decision is final, executory and binding.
Conciliation-mediation is another mechanism to resolve disputes. It exists in the following
circumstances:
1) voluntarily initiated by one of the parties to the dispute, with the other party then being
required to join the process;
2) an extension of the bargaining/negotiation process that commences when negotiations
break down;
3) conducted by an independent, impartial third party with no power to make a
determination or judgement;
4) conducted by a person whose role is to facilitate a negotiation process, with a view to
assisting the parties to generate a wide range of options for consideration and reach a
mutually acceptable resolution;
5) free of cost to the parties in dispute (other than the cost of time in attending conciliation
meetings and preparing for the discussions);
6) private and confidential;
18
Lumactud: Framework on Strengthening Multi-employer Bargaining in the Philippines
7) informal and flexible;
8) non-adversarial and supportive of the need to maintain and, if possible, improve the
ongoing relationship between employer and workers; and
9) a process in which it is ultimately the parties (not the conciliator) who decide the
outcome.
CONCLUSIONS AND RECOMMENDATIONS
Based on the results of the study, multi-employer bargaining has a legal basis, however, due to
limitations, it is not practiced in the Philippines. Likewise, there are opportunities that were
identified which can still be strengthen through policy issuance and hopefully could pave the way
for its practice. Hence, there is a need to create an enabling environment that requires collective
approach both from the government and social partners.
For DOLE, its role is facilitative as it adheres to the principles of governing the right to organize
and collectively bargaining, while ensuring that parties (employers and workers) are entering freely
into organizing, negotiation and agreement. Policy recommendations are geared towards the reform
of the existing implementing rules by establishing a technical working group to review DOLE
Department Order No. 40-03 specifically to determine the following:
1) Representation of the bargaining unit for multi-employer bargaining;
2) Conditions for multi-employer bargaining that includes: (a) the representation
guidelines; and (b) provision for extension of coverage of the CBA; and
3) Promotion of an inclusive coverage of CBAs through the conduct of further studies to
strengthen the framework on multi-employer bargaining.
Likewise, the DOLE must actively promote multi-employer bargaining and for the unions and
employers to strengthen their bi-partite relations built on mutual trust towards a shared goal of
inclusive growth. Strengthening the right to freedom of association is the first step for a strengthened
bipartite relationship.
This is where existing industry tripartite bodies come in. Since there is an existing mechanism, we can
utilize the ITCs to promote, implement and monitor multi-employer bargaining in the Philippines.
The parties can come up with their guidelines for industry application of CBAs.
For unions and employers, there is a need to strengthen bipartism through increasing the level
of awareness of the diverse interests of different categories of workers, particularly non-standard
workers, and a high level of willingness to innovate representation models. Specifically, the
recommendations are:
1) Utilizing existing industry tripartite council representatives for voluntarily engaging
in multiemployer bargaining and to come up with a mutually agreed representatives;
2) Ensuring that workers in NSFEs can be organized and effectively represented in
collective bargaining as an initial step. The next step is to ensure that collective
bargaining agreements apply and offer workers effective labor protection since CBAs
are well suited to address shortfalls in the working conditions of workers in NSFE as
they can be tailored to the particular circumstances of the sector or the enterprise.
3) Ensuring that labor education on collective bargaining is regularly conducted in
accordance with Sections 1-3, Rule XX of DOLE Department Order No. 40-03 which
Philippine Journal of Labor Studies: Vol. I No. 2
19
requires legitimate labor organizations to: (1) implement a labor education program; (2)
conduct seminars and similar activities on existing labor laws, collective agreements,
company rules and regulations, and other relevant matters; and (3) maintain a special
fund for labor education and research.
4) Maximizing the opportunity that collective bargaining offers to provide mutually
agreed benefits to the workers. The collective bargaining mechanism should be
maximized towards a more inclusive representation.
Once an enabling environment is established and as a way forward, multi-employer bargaining
could be applied (as pilot case) in the following industries based on the recommendations of the
stakeholders. These industries are recommended based on the following reasons: (1) prevalence
of non-standard forms of employment; (2) established structures within the industry for easier
engagement in multi-employer bargaining; and (3) opportunity for organizing workers.
•
Agriculture
•
Banking and finance
•
Business Process Outsourcing
•
Construction
•
Eco-tourism
•
Garments
•
Mining
•
Retail
•
Shipping
•
Transport (trucking, bus)
REFERENCES
Article XIII 1987 Philippine Constitution
Application of International Labour Standards 2019: Report of the Committee of Experts on
the Application of Conventions and Recommendations. (2019). Retrieved from
https://www.ilo.org/wcmsp5/groups/public/---ed_norm/--relconf/documents/meetingdocument/wcms_670146.pdf
Bitonio, B. (2015). Strengthening unionism and collective bargaining in the Philippines: A
strategy paper. Retrieved from https://www.ilo.org/wcmsp5/groups/public/---asia/--ro-bangkok/---ilo-manila/documents/publication/wcms_644389.pdf
Cho, S. (2013). The Legal System of Collective Bargaining in Korea: An Introductory Guide.
Korea Labor Institute. Seoul.
Ebbinghaus, B. (2004). The changing union and bargaining landscape: union concentration
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Political Science Review, Vol. 70, No. 4 (Dec., 1976), pp. 1033-1058. Available at
http://www.douglas-hibbs.com/HibbsArticles/APSR%201976.pdf.
ILO. (2017). Synthesis Report of the National Dialogues on the Future of Work.
ILO. (2015). Trends in Collective Bargaining Coverage: Stability, Erosion or Decline. Labor
Relations and Collective Bargaining. Issue Brief No. 1. Geneva
ILO Decent Work Diagnostics - https://www.ilo.org/manila/publications/WCMS_588875/lang--en/
index.htm
KOUKIADAKI, A., & KATSAROUMPAS, I. (2017). Temporary contracts, precarious employment,
employees’ fundamental rights and EU employment law. Retrieved from
http://www.europarl.europa.eu/RegData/etudes/STUD/2017/596823/IPOL_STU(2017)5
96823_EN.Pdf
Labor Code, as amended
Lewkowicz, Jacek & Lewczuk, Anna. (2018). An Institutional Approach to Trade Union Density.
The Case of Legal Origins and Political Ideology. Central European Economic Journal.
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Right to Organise and to Bargain Collectively. Industrial and Labor Relations Review,
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(2016). Retrieved from
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PSA List of Establishments (2015).
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IN SELECTED ASEAN COUNTRIES, (2015).
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Philippine Journal of Labor Studies: Vol. I No. 2
21
An Analysis on Women’s Participation and Gender Integration in Services
and Industry Enterprise-Based Unions (EBUs) in the Philippines
Ronell J. Delerio || Reinerio A. Alba || Joyce Anne S. Lumactud
Malorie O. Mones || Carl Rookie O. Daquio
ABSTRACT
Current data reflect alarming gender gaps in unionization. In traditionally male-dominated sectors such as
manufacturing and construction, the proportion of women who are unionized still pales in comparison to
men. Even in the wholesale and retail trade and the food and accommodation sectors where the bulk of women
workers is concentrated, there are still more men becoming union members. Only in the education, health or
social work and financial sectors are there more women than men in unions, although it should be noted that
these are sectors typically associated with women by gender stereotyping.
This study generally seeks to contribute both to the growing scholarship and to the crucial policy development
process within this dimension in the Philippine union and women’s movements. Anchored on the research
goal of further ascertaining the state of women’s participation and the integration of women’s/gender issues in
enterprise-based unions (EBUs) in the services and industry sectors, it aimed to determine the nature and extent
of women’s participation in EBUs in selected services and industry sectors in terms of membership, leadership,
and representation. The study also looked into how EBUs in selected services and industry sectors integrate
women’s/gender issues within their internal structures and processes and in collective bargaining.
INTRODUCTION
Unions play an integral role in protecting the rights and promoting the welfare of workers, women
and men alike. Recognizing this, countries, through the International Labour Organization (ILO)
long adopted the Freedom of Association Convention, 1948 (C87) and the Right to Collective
Bargaining Convention, 1949 (C98) as two global standard-setting instruments that seek to enable
a conducive environment for building unions. The Philippines ratified and coded these instruments
in national laws, chiefly in the 1987 Constitution and in the Labor Code, as amended, paving
the way for Filipino workers to freely organize and collectively negotiate for better labor deals.
However, the past years since the mid-1990s have seen an alarmingly significant retreat of
unionization in the country due to a wide range of political, economic and social factors,
not least among which is the neoliberal pushback against pro-labor policies (Aganon et.
al., 2009). As of June 2016, data from the Philippine Statistics Authority (PSA) (2017) show
a further contraction in union membership and collective bargaining coverage among
establishments employing 20 or more workers, moving down, respectively, to 283,081 from
340,370 in 2014, and to 313,267 from 359,745 in 2014. This implies that the decades of struggles
and gains of workers for fairer terms and conditions at work are now critically threatened.
Vulnerable to this challenge confronting unions in the Philippines are women workers. At present,
only 5.3% of the more than 1.8 million employed Filipino women across sectors are unionized (PSA,
2017). Labor force surveys continue to find a disproportionate share of women in, one, services
sectors where the persistent drop in union and bargaining activities occurs. Table 1 presents data
trends on the total number of employed persons by major industry group and sex, and the proportion
of employed women in non-agriculture sectors.
22
Delerio, Alba, Lumactud, Mones, Daquio: An Analysis on Women’s Participation and Gender Integration in Services and
Industry Enterprise-Based Unions (EBUs) in the Philippines
Table 1 Employed persons by major industry group and sex, Philippines: 2012-2016
Total, Both Sexes
Non-agriculture sectors
2012
2013
2014
2015
2016
37,600
38,118
38,651
38,741
40,998
25,568
26,282
26,850
27,447
29,934
Industry
5,742
5,936
6,166
6,276
7,160
Services
19,826
20,346
20,684
21,171
22,774
14,751
14,968
15,286
15,335
15,963
11,658
11,955
12,180
12,427
13,206
Total, Women
Non-agriculture sectors
Industry
1,485
1,517
1,553
1,537
1,591
Services
10,173
10,438
10,627
10,890
11,615
39.3
39.3
39.6
39.6
39
45.6
45.5
45.4
45.3
44.1
Industry
25.9
25.6
25.2
24.5
22.2
Services
51.3
51.3
51.4
51.4
51.0
Proportion of employed women (%)
Total
Non-agriculture sectors
Source: Gender Statistics on Labor and Employment (GSLE), 2017
Furthermore, women have historically been concentrated in non-regular and informal work (i.e.
short-term, seasonal or casual) where labor organizing faces difficulties, one of which is the fact that
unions generally tend to organize mainly regular and formal workers. In Table 2, it is seen that women
have been comprising around 34-35% of this category of workers during the period 2013-2017. By
sector, the majority of these women in non-regular jobs could be found in services.
Table 2 Women in Short-term, Seasonal or Casual Work, 2013-2017
2013
2014
2015
2016
2017
Total Number of Non-Regular Workers (‘000)
5,726
5,399
5,586
6,208
5,928
Proportion Women
34.6
35.4
35.1
35.2
34.0
Agriculture
22.1
21.4
20.7
19.1
13.9
Industry
28.0
28.4
29.0
31.2
35.4
Services
49.9
50.2
50.3
52.7
50.7
Source: DeWs, P SA (various years)
In addition, Serrano and Certeza (2014), in a study done for the Global Labour University
(GLU), noted that despite the increasing overall share in union membership of women,
they remain substantially underrepresented in union leadership and bargaining teams at the
enterprise level, specifically in the garments sector. The authors also concluded that women or
gender issues still lack integration in union structures and processes, including in bargaining.
Current data reflect these trends on gender gaps in unionization. As shown in Table 3, only less than
two-fifths of union members in all non-agriculture sectors are women. In traditionally male-dominated
sectors such as manufacturing and construction, the proportion of women who are unionized pales
in comparison to men, at 28.6% and 10.4%, respectively. Even in the wholesale and retail trade and
the food and accommodation sectors where the bulk of women workers is concentrated, there are
still more men becoming union members. Only in the education (57.5%), health or social work
(58.2%) and financial (64.4%) sectors that there are more women in unions than men, although
it should be noted that these are sectors typically associated with women by gender stereotyping.
Philippine Journal of Labor Studies: Vol. I No. 2
23
In terms of union officers and union presidents, the gender deficit further widens as barely around
20% are women across all non-agriculture sectors. There is virtually no female union officer in the
construction (2.2%) and administrative and support service (1.1%) sectors, and no female union
president in real estate, administrative and support service, and other personal service sectors.
There have been efforts by some unions and national-level labor groups to enhance the role of women
in unions and to integrate gender equality as an important issue for union structures and processes
as well as for collective negotiations. Nonetheless, much of these efforts lack documentation and
analysis. In cases where they are documented and analyzed, the scope remains largely limited (e.g.
Serrano and Certeza, 2014).
Table 3 Distribution of union members, officers, and presidents by sex in non-agriculture establishments employing 20
or more workers by major industry group, Philippines: June 2016 (%)
Major Industry Group
Union Members
Union Officers
Men
Women
Union Presidents
Men
Women
Men
Women
All non-agriculture
63.3
36.7
78.6
21.4
81.8
18.2
Mining and quarrying
91.5
8.5
85.8
14.2
88.0
12.0
Manufacturing
70.4
29.6
85.4
14.6
90.0
10.0
Electricity, gas, steam and
air conditioning supply
79.3
20.7
78.2
21.8
78.9
21.1
Water supply; sewerage,
waste management and
remediation activities
74.1
25.9
63.0
37.0
65.1
34.9
Construction
89.6
10.4
97.8
2.2
85.7
14.3
Wholesale and retail trade;
repair of motor vehicles
51.4
48.6
68.2
31.8
74.0
26.0
Transportation and storage
87.9
12.1
84.3
15.7
87.1
12.9
Accommodation and food
service activities
70.3
29.7
72.8
27.2
84.7
15.3
Information and communication
74.2
25.8
72.6
27.4
90.5
9.5
Financial and insurance
activities
35.6
64.4
73.1
26.9
82.4
17.6
Real estate activities
54.7
45.3
91.4
8.6
100.0
0
Professional, scientific and
technical activities
53.4
46.6
71.0
29.0
65.0
35.0
Administrative and support service activities
82.4
17.6
98.9
1.1
100.0
0
Education except public
education
42.5
57.5
57.2
42.8
61.5
38.5
Human health and social
work activities except for
public health activities
41.8
58.2
66.0
34.0
73.9
26.1
Arts, entertainment and
recreation
52.3
47.7
51.9
48.1
52.9
47.1
Repair of computers and
personal/household goods;
other personal service
activities
89.6
10.4
89.4
10.6
100.0
0
Source: GSLE, 2017
24
Delerio, Alba, Lumactud, Mones, Daquio: An Analysis on Women’s Participation and Gender Integration in Services and
Industry Enterprise-Based Unions (EBUs) in the Philippines
This study therefore generally seeks to contribute both to the growing scholarship and to the crucial
policy development process within this dimension in the Philippine union and women’s movements.
Anchored on the research goal of further ascertaining the state of women’s participation and the
integration of women’s/gender issues in enterprise-based unions (EBUs) in the services and industry
sectors, it aimed to have achieved the following objectives:
1.
Determine the nature and extent of women’s participation in EBUs in selected services and
industry sectors in terms of membership, leadership, and representation;
2.
Identify how EBUs in selected services and industry sectors integrate women’s/gender issues
within their internal structures and processes and in collective bargaining; and
3.
Draw good practices from the experiences of EBUs in selected services and industry sectors
in promoting gender equality for policy/program development by the government and the
unions.
Lessons and opportunities from this research initiative will serve as inputs for promoting the role of
women among unions and for leveraging the unions’ gender integration experiences towards making
the national policy environment more gender-responsive.
METHODOLOGY
The study employed an exploratory sequential mixed method approach involving three levels of
integration to address the research objectives. An exploratory research design is appropriate for this
study as there is a need to gain a better understanding of what is presently happening with respect
to women participation and gender integration in unions, a research subject lacking in exhaustive
analytical consideration. First, the research team surveyed officers of local EBUs of selected services
and industry sectors using a guided questionnaire to determine the nature and extent of women’s
participation in unions in terms of membership, leadership, and representation. Beforehand, a
pre-testing had been conducted to check the validity and reliability of the instrument among five
participating unions. Second, the survey was complemented with interviews to elicit qualitative
insights among participating unions. This will determine how gender is integrated into unions.
Finally, desk review analysis of official administrative data or information and of available related
literature was done to triangulate the results obtained from surveys and interviews.
A mixed method research is preferred as the integration of quantitative and qualitative data enriches
the value of the analysis and interpretation of results. The integration at the methods level will occur
by linking the methods of data collection and analysis by way of connecting, building, merging, and
embedding. The integration at the interpretation and reporting level is done through three approaches
(Fetters, Curry, and Creswell, 2013): (1) through narrative; (2) through data transformation; and (3)
through joint displays.
Sampling
Based on the total population of EBUs at 13,005 from the Bureau of Labor Relations (BLR), the
computed sample size is 150 using 95% confidence level and a confidence interval of eight (8). To
ensure a semblance of national representatives while taking cognizance of the major limitation in
scope, data gathering was conducted in regions with: (1) the largest concentrations of women workers
specifically in key services and industry subsectors (see Table 4), and (2) the largest concentrations of
registered unions, both affiliated and independent unions (see Table 5). It may be noted that selected
regions come from each major island i.e. three (3) in Luzon and one (1) each in the Visayas and in
Mindanao. The calculated sample size was proportionally allocated according to the actual population
of affiliated and independent unions in selected regions (see Table 6).
Philippine Journal of Labor Studies: Vol. I No. 2
25
Table 4 Sample allocation according to region
Number of Women WorkRegion
ers in Key Subsectors*
Number of EBUs
Sample
(‘000)
NCR
842
8770
75
Region III
927
977
20
Region IVA
625
1931
22
Region VII
428
878
19
Region XI
303
449
14
Total
3.125
13005
150
Note: Covered wholesale/retail trade, accommodation and food service activities (services); manufacturing
(industry)
Source: LFS-PSA, 2017
Table 5 Total number of EBUs according to region
Total
NCR
Region III
Region IVA
Region VII
Region XI
Chartered
4,838
436
951
562
300
Affiliated
339
22
64
31
7
Independent
3,593
519
916
285
142
Total
8,770
977
1,931
878
449
Source: BLR, 2018
Table 6 Sample size allocation according to type of EBUs and region
Sample
Chartered
Affiliated
Independent
Total
NCR
Region III
Region IVA
Region VII
Region XI
41
9
11
12
9
3
0
1
1
0
31
11
11
6
4
75
20
22
19
14
Source: Author’s own calculation
Based on the sample, the EBUs were randomly selected from the master list in each region. The primary
respondents were officers of unions in establishments in covered subsectors in consultation with the
Department of Labor and Employment (DOLE) regional offices and largest national federations of
unions.
Challenges
However, data collection was impeded by several factors. The research team noted the following
constraints during the conduct of the survey:
1.
2.
26
The master list of EBUs is not updated, hence, the information provided i.e. the name of the
President and address of the union, cannot be contacted, located or reached.
Regional fieldwork in Cebu and Pampanga was affected by a typhoon and respondents were
not able to come to the regional offices.
Delerio, Alba, Lumactud, Mones, Daquio: An Analysis on Women’s Participation and Gender Integration in Services and
Industry Enterprise-Based Unions (EBUs) in the Philippines
3.
To reach the desired sample size (see Table 7), some participants were then selected through
convenience sampling by snowball or referrals from national federations like Sentro ng mga
Nagkakaisa at Progresibong Manggagawa (SENTRO), Federation of Free Workers (FFW), and
Associated Labor Unions-Trade Union Congress of the Philippines (ALU-TUCP). Due to the
non-availability of some participants during the survey sessions in the region, some responses
were emailed.
Table 7 Actual number of surveyed participating unions by region
Region
Sample
Actual
NCR
75
17
Region III
20
3
Region IVA
22
1
Region VII
19
3
Region XI
14
13
Total
150
37
Source: Author’s own calculation
Data Processing
The survey responses were encoded and pre-processed in Microsoft Excel 2016 and analyzed using the
Statistical Package for the Social Science (SPSS) Version 19.0. A separate report with the quantitative
data results is prepared to be integrated with the qualitative interview results for interpretation and
explanation. For multiple response questions, they are treated with multiple response frequencies
while controlling for the desired sample base.
Ethical Considerations
The respondents were fully informed of the nature and purpose of the research prior to their
engagement in the study. Participation was voluntary and based on free consent. Lastly, no names of
the respondents were divulged in the output paper to ensure anonymity and guarantee confidentiality,
unless prior consent is given to the research team should there be a need for such identification.
Gender Relevance
The study deals squarely with the gender issue in labor unionization in the country. Hence, the study
had integrated gender perspectives in the data gathering and analysis stages.
Philippine Journal of Labor Studies: Vol. I No. 2
27
RESULTS AND DISCUSSIONS
This part presents the information and insights on women’s participation and gender integration in
the EBUs covered in the study. It is structured as follows: 1) Participants’ Profile; 2) Gender in Union
Constitution; 3) Union Leadership and Women’s Representation; 4) Membership and Recruitment;
5) Gender in Union Programs and Activities; and 6) Collective Bargaining and Gender Equality.
Participants’ Profile
The participating unions come from 21 services sector enterprises and 16 industry sector enterprises,
which categorized and identified themselves into three types (see Table 8). Twelve of these unions are
independent, 19 are affiliated with a national federation or labor group, while one is chartered locally.1
Table 8 Type of participating unions
Type
Service
Industry
Total
Chartered local
1
0
1
Independent
7
5
12
Affiliated
6
10
16
No response
7
1
8
Total
21
16
37
Source: Author’s own calculation
In terms of sub-sectors, about half of the 30 participating unions were in the manufacturing sector
(40.0%), with the higher proportion for those affiliated (see Table 9)2. This was followed by the education
(13.3%) and arts, entertainment and recreation (13.3%).
Table 9 Type of participating unions by subsectors and category
Sub-sector
Category
Total
Independent
Affiliated
12
18
30
Manufacturing
25.0
50.0
40.0
Education
25.0
5.6
13.3
Arts, entertainment and recreation
25.0
5.6
13.3
Electricity, gas, steam, and air conditioning
supply
8.3
5.6
6.7
Transportation and storage
0.0
11.1
6.7
Accommodation and food service activities
0.0
11.1
6.7
Wholesale and retail trade; repair of motor
vehicles and motorcycles
8.3
0.0
3.3
Financial and insurance activities
0.0
5.6
3.3
Human health and social work activities
0.0
5.6
3.3
Other service activities
8.3
0.0
3.3
Source: Author’s own calculation
With respect to the year of establishment, as presented in Table 10, majority (78.8%) were founded
in 1986 onwards, a critical juncture in Philippine history when political democracy was reclaimed
following two decades of dictatorship and when fundamental economic and political rights, including
1 Chartered locals refer to a labor organization in the private sector operating at the enterprise level that acquired a legal personality through the issuance of a
charter certificate by a duly registered federation or national union and reported to the Regional Office. Meanwhile, independent unions refer to a labor organization
operating at the enterprise level that acquired a legal personality through independent registration. Lastly, affiliate refers to an independent union affiliated with a
federation, national union, or chartered local, which was subsequently granted independent registration but did not disaffiliate from its federation.
2 Seven EBUs did not specify their company names, hence there was no reference in identifying their sub-sectors.
28
Delerio, Alba, Lumactud, Mones, Daquio: An Analysis on Women’s Participation and Gender Integration in Services and
Industry Enterprise-Based Unions (EBUs) in the Philippines
the right to organize and collective bargaining, were reclaimed with the 1987 Philippine Constitution.
Table 10 Year of union establishment
Year Established
Service
Industry
Total
1960
1
0
1
1963
0
1
1
1968
1
0
1
1970
0
1
1
1976
1
1
2
1977
0
1
1
1980
0
1
1
1986
5
1
6
1990
0
1
1
1996
0
1
1
1997
1
0
1
2001
0
1
1
2003
1
0
1
2013
1
0
1
2014
1
0
1
2016
0
1
1
No response
9
5
14
Total
21
16
37
Source: Author’s own calculation
Meanwhile, Table 11 shows the positions/designations of the respondents. Nearly half of them are
president, and the rest are vice-president, secretary, treasurer, committee officer or board member.
Table 11 Position by participating union members
Position/Designation
Service
Industry
Total
Board Member
2
0
2
President
7
9
16
Vice President
1
1
2
Secretary
5
3
8
Treasurer
0
2
2
Committee Officer
5
0
5
No response
1
1
2
Total
21
16
37
Source: Author’s own calculation
Philippine Journal of Labor Studies: Vol. I No. 2
29
Gender in Union Constitution
A constitution is a written document agreed on by members of a union as a manifest declaration of
its guiding principles and as a fundamental rule governing all its structures and mechanisms (BATU,
1990). In this study, the EBUs were asked about gender integration in their constitutions or by-laws,
and the results are quite alarming: only less than half indicated that their constitutions explicitly state
gender equality or gender equity as an objective or a commitment, mostly in the services sectors (see
Table 12). As will be further examined in the succeeding sections, this finding suggests that gender
perspectives would be hardly incorporated in union structures and processes in the absence of an
overarching policy impetus for doing so.
Table 12 Number of EBUs with/without gender integration in the union constitution
Services
Industry
Base
21
16
Number of EBUs with gender equality or gender equity as an objective or a commitment in
the constitution
10
5
Lack of gender awareness
11
11
Lack of interest in gender equality issues
3
1
Other/s (e.g. constitution is not updated)
6
4
Number of EBUs without gender equality and equity in the constitution due to the following
factors:
Source: Author’s own calculation
Among those EBUs without gender principles in their constitutions, lack of gender awareness turned
out to be the top factor when they were asked to choose from a set of challenges to gender integration
in the union constitution. This despite earlier claims by some of them that gender equality is a “nonissue” or a “given” in the belief that everyone is treated equally within the unions since there is no
policy that states otherwise. Such remarks arguably point to the concept of gender blindness, the
inability to recognize certain gender inequities due to the lack of adequate understanding of gender
relations. In terms of policies and programs, this implies that the different roles and diverse needs of
women and men are not considered, hence maintaining the status quo and leaving unequal relations
unchallenged (UN Women, n.d.).
Another major factor identified by these unions is the fact that their constitutions have not been
revised or updated since the time they were crafted. They felt that during those periods, gender equality
remained out of the immediate concerns of unions as the concept itself was relatively “new”. To note,
it was in fact only in 1989 when the country crafted a development plan specifically addressing gender
issues that mostly affect women (Yao, 2007). This heralds a starting point for gender mainstreaming
strategies on various levels of society. Finally, and most notably, four unions simply lack interest in
gender equality. This reflects the continued marginalization of women and gender issues despite all
the efforts towards gender equality.
Union Leadership and Women’s Representation
Union leadership has historically been lacking in substantial women’s representation (ILO,
2017; Serrano and Certeza, 2014). In this study, however, it appears that the situation has
relatively improved given that almost two-thirds of unions covered said that they have at least
one female officer (see Table 13). By sectors, more women serve as officers in the industry EBUs
(75%) than in their services counterpart (57.1%). The average proportion of women among
EBU officers across sectors stands at 26.8 percent, or practically one out of every four officers.
By closer examination, nonetheless, the table also points out that majority of women officers are
30
Delerio, Alba, Lumactud, Mones, Daquio: An Analysis on Women’s Participation and Gender Integration in Services and
Industry Enterprise-Based Unions (EBUs) in the Philippines
serving as secretary (35.1%) and treasurer (29.7%), two positions bearing responsibilities that have
been associated more with women in any given context. This indicates not only a tendency for gender
stereotyping in delegating union roles for women but also the likelihood of a glass ceiling that keeps
them from reaching their full potential as union leaders. With respect to representation at various
tripartite bodies, barely two EBUs (5.4%) have women sitting at the national level.
Table 13 Proportion of women in union leadership and their positions (%)
Services
Industry
Total
21
16
37
Proportion of EBUs without a female officer
14.3
25
18.9
Proportion of EBUs with at least 1 female officer
57.1
57
64.9
Proportion of EBUs with 1-5 female officers
38.1
62.5
48.7
Proportion of EBUs with 6-10 female officers
14.3
12.5
13.5
Base
Proportion of EBUs with over 10 female officers
0
7.1
3.1
32.8
20.8
26.8
Board member
9.5
18.8
13.5
Chairperson
4.8
25
13.5
President
14.3
12.5
13.5
Secretary
42.9
25
35.1
Treasurer
23.8
37.5
29.7
Auditor
14.3
6.3
10.8
Average proportion of women among EBU officers
Proportion of EBUs with female officer/s serving as:
PRO
19
0
10.8
All positions (i.e. for all-female unions)
4.8
6.3
5.4
Provincial tripartite bodies
0
0
0
Regional tripartite bodies
4.8
0
2.7
National tripartite bodies
4.8
6.3
5.4
Proportion of EBUs with women representative at the:
Source: Author’s own calculation
When asked what were the most frequent reasons being given by their women members for refusing
positions at the executive committee level, Table 14 shows EBUs citing lack of confidence in their
abilities as the top reason for both union types (48.6%). Yet, interestingly, the lack of skills was cited
as the least reason across sectors (13.5%). This is closely followed by lack of time due to unequal
distribution of household responsibilities (43.2%) often falling on the shoulders of women. One male
president of an industry union shared that their female members openly told them that negotiation
with the management requires toughness, which is perceived to be a men’s domain. On the other
hand, a female president of a services union shared that she was forced to run for an officer as she
became exasperated with the performance of the officers prior to her term. She said she won because
the members shared her sentiment. Lastly, lack of support also figured notably, from family which
may relate to how union responsibilities may affect women’s domestic roles (21.6%), and the union
itself which may highlight how existing rules or procedures inadvertently disadvantage their female
union members from taking leadership positions (21.6%).
Philippine Journal of Labor Studies: Vol. I No. 2
31
Table 14 Limiting factors for women in union leadership and other bodies (%)
Services
Industry
Total
21
16
37
19
25
21.6
Base
Factors limiting women’s participation in union leadership and other
decision-making bodies
Lack of support
from family (e.g. discouragement or hostile reactions from
partners and relatives)
from the workplace (e.g. workings of meetings)
0
25
10.8
33.3
6.3
21.6
Gender-based bias and stereotyping
14.3
31.3
21.6
Lack of time due to unequal distribution of household responsibilities
47.6
37.5
43.2
Lack of skills
4.8
25
13.5
Lack of training opportunities
9.5
37.5
43.2
Lack of confidence in their abilities
42.9
56.3
48.6
Depends on who is elected
4.8
0
2.7
Gender is not an issue
9.5
0
5.4
0
6.3
2.7
from the union (e.g. set rules of procedure)
Others
Majority are regular male employee
Source: Author’s own calculation
Some participating unions have recognized these challenges and sought ways to improve the situation
by implementing certain strategies. In Table 15, it shows that four in 10 EBUs made efforts towards
this end. Some strategies, as shown in Table 15, included awareness raising seminars it conducts on
the benefits of unionism, including skills training on union activities involving negotiation, leadership
and public speaking (60.0%); feedback mechanism through forms, dialogues or brown-bag sessions
(40%); reserving executive positions for women (40%), albeit this creates the tendency to stereotype
women’s roles as stressed previously; and establishing a gender quota among officers (26.7%). One
officer from an industry union even shared that he regularly seeks out and talks to potential female
officers and explains to them the benefit that the position entails while ensuring them of their fellow
officers’ support. On the other hand, most of the unions admitted that the lack of gender awareness
training and the lack of interest in gender equity concerns as among the factors that hinder them
from implementing measures to encourage more women participation at decision making bodies of
their respective unions.
Table 15 Proportion of EBUs that implemented strategies for enhancing women’s participation in leadership (%)
Strategies
Services
Industry
Total
7
8
15
Allotted number of women union officers
42.9
12.5
26.7
Positions reserved for women
42.9
37.5
40
0
37.5
20
25
13.3
Base
Flexible arrangements to facilitate participation in meetings
Awareness seminars for all union members and executives on equal opportunity issues
Skills training on union activities (e.g. negotiation, leadership, public speaking, etc.)
71.4
Research studies/survey
Feedback mechanism (e.g. dialogues, feedback form, brown bag sessions, etc)
42.9
50
60
12.5
6.7
37.5
40
Source: Author’s own calculation
32
Delerio, Alba, Lumactud, Mones, Daquio: An Analysis on Women’s Participation and Gender Integration in Services and
Industry Enterprise-Based Unions (EBUs) in the Philippines
Membership and Recruitment
Union membership is regulated by Rule II, Section 2 of DOLE Department Order No. 40, series of 2003.
Specifically, this allows all persons employed in commercial, industrial and agricultural enterprises,
including employees of government-owned or controlled corporations (GOCCs) without original
charters established under the Corporation Code, as well as employees of religious, charitable, medical
or educational institutions whether operating for profit or not, shall have the right to self-organization
and to form, join or assist labor unions for purposes of collective bargaining. The DOLE has limited
regulatory capacity in terms of employees joining a union except that employees holding supervisory
positions shall not join a rank-and-file union. They should form their own union composing of
supervisory employees.
The registered EBUs at the BLR in 2016 is 17,125 with 1,453,070 members, a mere 33.3% of the total
employment of the same year (4,364,851). In terms of the number of women union members, PSA
reported that unions from enterprises with 20 and more employees have only about 99,180 female
members or 5.3% of total employment.
The profile of covered EBUs in this paper validates the low proportion of women union members.
Among the 37 unions with union membership ranging from 12-800 members, only 25% have women
(26.04% for services and 23.96% for the industry). Though 18% respondents cited that in the last
five years, the number of women joining unions is increasing.3 This increase though is reflective
more of the increase in the number of regularized female workers in the company, especially with 14
respondents (nine in the services sector and five from industry) practicing so-called “closed-shop”,
a policy where a worker becomes an automatic member of the union upon regularization (Herrick,
1954). Hence, the issue of the lack of women members does not apply to them. Having a closed shop
policy can be beneficial for unions as they ensure the sustainability of the labor organization as long
as the company exists. Having this policy may address gender discrimination in joining a union to
the extent that the company’s hiring policies and practices are void of gender discrimination in the
first place. On the other hand, EBUs said that closed shop policies are only applicable for enterprises
who have one union only.
The industry and services sector unions without closed shop policy have different issues for organizing
women. For industry unions, the most pressing issues are lack of time to join a union due to family
responsibilities (50%), and the male-dominated union structure (50%). For unions in the services
sector, discouragement or hostile reactions from colleagues (47.6%), fear of reprisals from having
joined a union (42.9%), and the lack of benefits afforded to women workers (52.4%) are cited as the
main reasons.
Insufficient time (52.4%) is also cited as reasons why women are reluctant to assume more
responsibilities in the union and even more hesitant to become a union officer. Majority of the women
union officer respondents were in their respective positions because of being at first designated as a
union official as a replacement for previous officers who are not with the company anymore.
3 Based on the results of the survey, 76% keep track of union members through membership database and using data from the Human Resource
Department.
Philippine Journal of Labor Studies: Vol. I No. 2
33
Gender in Union Program and Activities
Integrating gender perspectives in union programs, activities, and other initiatives such as education
and training programs or information campaigns are some of the affirmative actions or women-specific
measures adopted by unions in various countries. The ILO-ICFTU Report (n.d) notes that positive or
affirmative actions include not only constitutional rules and union resolutions on the representation
of women but also other less formal actions. Meanwhile, women-specific measures are as important
in promoting gender equality in union activities as these can directly meet the women’s needs within
and outside the workplace, allowing them to gain confidence and feel comfortable participating,
and making them feel that the union is relevant to them. Hence, Dean (2006) argues that to address
some of the main challenges in implementing gender mainstreaming policies, a certain degree of
commitment, awareness, and training are required.
The following sections present the survey results in relation to the programs, activities, and initiatives
of the participating EBUs in promoting gender equality.
Gender perspective in training programs and information campaigns
Table 16 shows that in terms of education and training programs, the top three activities that the
participating EBUs have identified include general education programs integrated with gender
perspectives, gender awareness programs at the basic level, and program on VAW.
Table 16 Proportion of EBUs with gender awareness and education programs (%)
Services
Base
Industry
Both
21
16
37
EBUs has integrated gender perspectives in all education programs
33.3
62.5
45.9
EBUs has a gender awareness program
42.9
43.8
43.2
EBUs has a specific program on violence against women (VAW)
23.8
68.8
43.2
EBUs run specific education programs for women
33.3
50.0
40.5
14.3
37.5
24.3
EBUs has a target towards attaining gender
parity in participation in all union education and training
programs
Source: Authors’ own calculations
It is important to note that results from the survey also show that all of the aforementioned programs
are more apparent with EBUs who are affiliated with national labor groups (see Figure 1). However,
the limited scope of such kind of interventions remains to be a challenge as not all affiliated EBUs
necessarily have gender-related programs and activities. While targeted programs are significant
in monitoring and evaluation of gender equality programs, less than a third have any target as to
achieving gender parity in terms of program participation. It can be further noted that programs and
other initiatives toward gender equality and equity can only be sustained if there is a deliberate effort
to do so and if allocated with ample budget.
34
Delerio, Alba, Lumactud, Mones, Daquio: An Analysis on Women’s Participation and Gender Integration in Services and
Industry Enterprise-Based Unions (EBUs) in the Philippines
Figure 1 Proportion of EBUs with gender awareness and education programs, by type of union (%)
Source: Author’s own calculations
With respect to gender equality awareness training, it was found out that more EBUs send members
to such kind of activities (51.4%) rather than conduct their own for their members (37.8%). The
same findings can also be seen for gender equality awareness training for organizers (see Table 17).
Table 17 Proportion of EBUs with gender equality awareness training for member and organizers (%)
Services
Industry
Both
21
16
37
EBUs sends members to gender equality awareness training
47.6
56.3
51.4
EBUs conducts in gender equality awareness training for members
38.1
37.5
37.8
EBUs sends organizers to gender equality awareness training
33.3
43.8
37.9
EBUs conducts gender equality awareness training for organizers
33.3
25.0
29.7
Base
Source: Author’s own calculations
With the likelihood of added exposure to external opportunities and access to other
available resources, it was seeming there are more affiliated unions than their independent
counterpart which sends members to gender equality awareness training (see Figure 2).
Figure 2 Proportion of EBUs with gender equality awareness training, by type of union (%)
Source: Author’s own calculations
Philippine Journal of Labor Studies: Vol. I No. 2
35
Provided that there is insufficient gender awareness and education programs and training, it is not
surprising that less than half of all EBUs covered said that they produce any information or advocacy
materials, which are critical in promoting the role of women and the goal of gender integration in
the union (40.5%).
Internal grievance or dispute settlement
In terms of the issues that get into the internal grievance process or dispute settlement mechanism,
the majority of all participating EBUs have identified verbal intimidation to be the topmost issue (see
Table 18). In the industry sector alone, almost all (13 out of 16) EBUs have indicated such issue as
one of the most frequently reported issues. Hence, while the majority of EBUs in the industry sector
claim to have specific programs on VAW and that gender is integrated into education programs (see
Table 16), it remains to be seen the extent to which the programs and initiatives of unions have an
impact on reducing violence-related work issues.
Table 18 Unions who identified the following as frequently reported issues (%)
Issues
Service
Industry
Both
Base
21
16
37
Sexual harassment
9.5
43.8
24.3
Verbal intimidation
38.1
81.3
56.8
Implementation of lactation periods (R.A. 10028)
9.5
12.5
10.8
Domestic violence
9.5
18.8
13.5
Availment of leaves
47.6
25.0
37.8
Also included in the top three issues identified by all EBUs are the availment of leave (37.8%) and
sexual harassment (24.3%). The findings may well suggest the role that unions have in making
workers become aware of the available leaves to be availed (e.g. parental leave for solo parents, leave
for victims of violence against women, etc.), as well as the affordability and assurance that taking
leave will not result in negative consequences.
The findings may suggest that despite the severity of gender-related issues being reported, proper
grievance and redress mechanisms are not in place within most unions. This is reflected from the
results where only 40.5 percent of the EBUs said that they have mechanisms to assist women members
on gender-based grievances or disputes, and only 27% have designated persons lacking the necessary
gender expertise to handle such sensitive cases.
Collective Bargaining and Gender Equality
Collective bargaining offers an effective tool in achieving gender equality at work. In an issue brief for
the ILO, Pillinger et. al. (2016) provide case studies examining how gender issues such as the gender
pay gap, work, and life integration, gender-based violence, and the vulnerability of some femaledominated occupations were tackled through collective bargaining. Three of the four factors the
authors identified as critical for winning gender issues in bargaining are particularly relevant to this
study, namely: (1) inclusion of women in union leadership and bargaining teams; (2) legislative/policy
framework for gender equality bargaining; and (3) workers’ and employers’ strategies (ibid: p. 6). They
further noted the eroding union density and bargaining coverage and the persistent male dominance
of union leadership in many countries as two formidable challenges to leveraging bargaining for the
pursuit of gender equality in the workplace.
36
Delerio, Alba, Lumactud, Mones, Daquio: An Analysis on Women’s Participation and Gender Integration in Services and
Industry Enterprise-Based Unions (EBUs) in the Philippines
In this section, the study looks into the role of women in collective bargaining, the ways that unions
utilized it to enhance the integration of women’s/gender issues in the bargaining agenda, and the
actual extent to which women’s/gender issues have been integrated into the bargaining process. Of
the 37 EBUs covered, only 32 (86.5%) have been engaged in collective bargaining over the last three
to five years. By sector, 85.7% in services establishments and 87.5% in industry establishments went
through formal negotiations during the same period.
Women in the bargaining team
Table 19 presents the varying size of bargaining teams created by unions, with about three out of five
unions across sectors having 11-20 members in their bargaining teams. The rest of EBUs said their
teams have either 5-10 members or, specifically in certain industry sectors, over 20 members. The
unions explained during the survey that the scope being covered in the bargaining (i.e. either national
or local/area-wide) primarily determines how big or small their teams are.
Beyond the number of bargaining team members, a more important aspect to examine is the
composition of such teams insofar as the issue of gender equality is concerned. As shown further
in Table 19, nearly 20% of the bargaining teams of EBUs across sectors have no female member. In
services sectors alone, there are still one in five EBUs without a woman in the bargaining team despite
the fact that women predominate within most of these establishments. Interestingly, it is in industry
sectors associated with male dominance were more women tend to be part of the bargaining team.
This finding represents a significant development among some unions in terms of improving the
participation of women in collective bargaining at the enterprise level even as women continue to fall
behind in union membership and leadership at the national level.
Table 19 Proportion on the size of bargaining teams and the number of women members (%)
Sector
Base
Services
Industry
Both
18
14
32
Proportion of EBUs with 5-10 members in the bargaining team
33.3
35.7
34.4
Proportion of EBUs with 11-20 members in the bargaining team
50
35.7
59.4
Proportion of EBUs with over 20 members in the bargaining team
0
28.6
12.5
Proportion of EBUs without a woman in the bargaining team
22.2
14.3
18.8
Proportion of EBUs with at least 1 woman in the bargaining team
61.1
85.7
71.9
Proportion of EBUs with 1-5 women in the bargaining team
44.4
71.4
56.3
Proportion of EBUs with 6-10 women in the bargaining team
16.7
7.1
12.5
0
7.1
3.1
37.7
17.4
27.9
17.66
8.28
13.1
62.1
46.3
54.8
Proportion of EBUs with over 10 women in the bargaining team
Average proportion of women in the bargaining team across EBUs
Average proportion of women in the bargaining team across EBUs
acting as observers
Average proportion of women in the bargaining team across EBUs
serving as panel negotiators
Note: Three (16.7%) of EBUs did not provide answers to these items
Source: Author’s own calculations
On average, the survey data show that women comprise just 27.9% of EBU bargaining teams across
sectors (37.7% and 17.4% in services and industry sectors, respectively). For EBUs in services sectors,
in particular, one may easily view this as promising as it nearly approaches parity level. Nonetheless,
further assessment as seen in the preceding table reveals that the limited number of women who
join the bargaining team does not necessarily sit on the table as negotiators (presumably for general
and equality-specific claims). With women acting only as observers, their voice and visibility during
crucial bargaining negotiations are jeopardized, and so are any bargaining proposals or claims that
are responsive to their distinct needs. Mere observation is hardly participation.
Philippine Journal of Labor Studies: Vol. I No. 2
37
Union strategies for enhancing gender integration in collective bargaining
Cognizant of the dearth of women’s participation and gender integration in the process of collective
bargaining, unions started to adopt several measures. Global experiences provide a wide array of tools
to increase the number of women in internal union bargaining structures, increasing, in turn, the
chance of women’s/gender issues getting tackled for negotiations. As an example, the Trade Union
Confederation in the United Kingdom introduced a gender quota system for bargaining teams. Such
intervention that represents changes in union governance, empirically speaking, has had a favorable
impact on women’s representation, organizational outcomes and union revitalization (Eurofound,
2014; Kirsch and Blaschke, 2014, as cited in Pillinger et. al., 2016).
This research came up with a list of those common strategies utilized by unions in different contexts
for the participating EBUs to choose from with respect to their own gender integration efforts. Of the
32 EBUs that have had bargaining engagements in recent years, only 50% implemented any of such
initiatives (see Table 20). The eight EBUs (44.4%) are in services sectors and the other eight EBUs
(57.1%) are in industry sectors.
Nearly two-thirds of those EBUs across sectors claimed to have implemented awareness-raising/
training activities for negotiators on gender issues. They qualified that negotiators–including chiefly
union leaders–must be knowledgeable of basic gender concepts in order to relate to the realities that a
vulnerable group of workers like women faces daily. Additionally, half of them identified the inclusion
of the head of women’s committee as a member in the bargaining team, reinforcing the connections
between women’s visibility and gender equality at work established in the literature.4 Another half said
that training and educating women in their unions on negotiations skills, as they did, is important
to further move the gender agenda forward in the context of collective bargaining. Putting together
facts and information on the status of women at work is also deemed essential, with 62.5% of EBUs in
industry sectors having done such action. All in all, though, not one of the EBUs in the study attempted
at instituting a gender quota system, indicating lack of readiness among the country’s unions for such
a progressive measure at the enterprise level compared with their counterparts, mostly in Europe.
Table 20 provides more details on this.
Table 20 Proportion of EBUs implementing strategies for gender integration in bargaining (%)
Strategies
Services
Industry
Both
Base
8
8
16
Conducted gender awareness-raising activity for negotiators
75
50
62.5
37.5
25
31.3
50
50
50
Organized gender-related campaigns
Included the head of the women’s committee/a woman as a member of
the bargaining team
Provided gender quotas and other statutory means
Provided training and education for women on negotiation
Conducted surveys
Put together facts and information about the position of women in the
workplace
Prepared arguments intended to build the case for promoting gender
equality (e.g. productivity, public image, etc.)
0
0
0
37.5
62.5
50
50
37.5
25
37.5
62.5
43.8
50
37.5
18.8
Source: Author’s own calculation
4 For a comprehensive discussion on this, see Blackett and Sheppard’s [2017] chapter in ILO’s Women, Gender and Work Volume 2: Social choices
and inequalities.
38
Delerio, Alba, Lumactud, Mones, Daquio: An Analysis on Women’s Participation and Gender Integration in Services and
Industry Enterprise-Based Unions (EBUs) in the Philippines
Extent of inclusion of women’s/gender issues in the bargaining process
Traditional collective bargaining is often viewed as a domain more for economic and industrial issues
such as wage and working conditions and less for social and human rights issues such as inclusion and
equality that are otherwise addressed through legislative and policy reforms (Curtin 1999, p. 22; Kumar
and Murray 2002, p. 4, as cited in Blackett and Sheppard, 2017). This bias has started to be challenged
as progressive forces within the union’s movement increasingly elicit the inextricable connections
between the economic and the social. For instance, the basic economic issue on job security in the
Philippine context cannot be tackled without considering the social issue of ‘double burden’ among
women workers on whom society places much of domestic and care work responsibilities.
This paper identifies which gender-related issues have been incorporated–and by how far–in the entire
collective bargaining process. Among the 32 EBUs (18 in services sectors and 14 in industry sectors)
that indicated to have undergone collective negotiations with management, only 23 (71.9%) said that
they tried to push forward certain gender claims at the very least. Eleven (61.1%) of these EBUs belong
with services sectors and 12 (85.7%), with industry sectors. This finding is quite notable as there
appear to be more unions negotiating for gender issues in sectors conventionally dominated by men,
representing yet another wave in the women’s movement in which male allies steadily champion the
cause of equality. Nonetheless, it also denotes a major cause for alarm for unions as the very sectors
where most women work tend to lag in terms of bargaining for issues relevant to them.
By specific kind of gender issues, Table 21 shows that it is more likely for EBUs across sectors and levels
of bargaining to include gender claims related to work/family/personal life integration and to safe/just
workplace than to hiring/promotion/training, and to the gender pay gap. Two factors may explain this.
Firstly, some of the gender proposals under the two former categories are already strictly mandated
under existing laws and policies in the country, making it easier for unions and their employers to
reach an agreement. Secondly, such proposals, by and large, do not entail direct major costs to the
employers which are often at the heart of bargaining deadlocks. Conversely, the Philippines still lacks
effective enforcement of a few regulations requiring establishments of equality in hiring, promotion and
training; in cases that involve other marginalized groups such as the LGBTQIA community, no policy
is in place to ensure their protection against non-discrimination in the workplace. As for gender pay
gap, efforts to narrow it require considerable additional expenses on the part of employers, let alone
the challenge of making information on pay structures more transparent and accessible.
On a closer look, the results reveal that paid parental/maternity leave benefits (69.6% of EBUs),
guaranteed return to the same job/pay and working conditions after taking paid parental/maternity
leave (52.2%) and protection against sexual harassment (52.2%) are the three most typical gender
claims successfully included by EBUs in their collective bargaining agreements (CBA). This mostly
mirrors the findings of Serrano and Certeza (2014, p. 83) covering enterprises in the garments sector,
which put expanded maternity leave benefits and anti-sexual harassment measure on top of the list of
“policies/programmes as products of the collective agreement.” The explanations previously discussed
could be said to be applicable to these similar trends.
In Table 21, the results are rather disturbing: except for those three gender claims above (which are also
included much in the agenda-setting and negotiation phases but not quite in the actual agreements
made), and adding the claim for protection and support for offended employees which made its way
to the CBA (43.5% of EBUs), most proposals that seek to address gender issues at work have not
been even considered at any level of the bargaining process. This finding could relate to how women
have fared in union leadership and bargaining teams affecting the way their distinct needs are met in
the workplace and within the union, but it also tells a striking reality: that despite certain advances
made for enhancing women’s roles in unionization, there is still a long way to go for gender equality
to be on the same footing with other issues traditionally addressed by unions. In the final analysis,
the idea of unions being a force for social justice will be seriously challenged without responding to
the question of gender justice.
Philippine Journal of Labor Studies: Vol. I No. 2
39
Table 21 Proportion of EBUs that included gender-related claims in collective bargaining by process level (%)
Union-level agenda-setting
Bargaining
negotiation
Bargaining
agreement
Not
included in
any aspect
17.4
8.7
26.1
47.8
8.7
8.7
34.8
47.8
13
8.7
21.7
56.5
13
4.2
26.1
56.5
Inclusion of equal pay clause
8.7
4.3
13
73.9
Exclusion of separate salary/
wage scales for women and men
4.3
4.3
13
78.3
4.3
4.3
30.4
60.9
8.7
4.3
69.6
17.4
8.7
4.3
52.2
34.8
8.7
4.3
39.1
47.8
Flexible working hours
4.3
8.7
39.1
47.8
Childcare facilities and services
8.7
13
17.4
60.9
8.7
8.7
21.7
60.9
17.4
4.3
30.4
47.8
8.7
4.3
52.2
34.8
13
8.7
21.7
56.5
17.4
4.3
30.4
47.8
17.4
4.3
43.5
34.8
13
4.3
34.8
47.8
8.7
17.4
13
60.9
4.3
8.7
13
73.9
4.3
4.3
34.8
56.5
Gender-related claims (n=23)
Hiring, Promotion & Training
Elimination of gender-bias
in job descriptions and
advertisements
Gender-equal appointment and
promotion criteria
Gender neutrality in age
limitations
Gender equality in access to
training
Gender Pay Gap
Work, Family and Personal Life Integration
Unpaid parental/maternity leave
but with job protection
Paid parental/maternity leave
benefits
Guaranteed return to the same
job and same pay and working
conditions after paid parental/
maternity leave
Domestic/care work leave
benefits
Breastfeeding breaks and
facilities
Provisions for light/safe duties
for pregnant workers
Safe and Just Workplace
Protection against sexual
harassment
Detailed provisions on
preventive measures
A complaints procedure and a
complaints officer
Protection and support for
offended employees
Sanctions for those found guilty
of harassment
Awareness-raising initiatives on
sexual harassment
Protection against
discrimination based on gender
Protection against violence at
work, including physical and
verbal abuse
Source: Author’s own calculation
40
Delerio, Alba, Lumactud, Mones, Daquio: An Analysis on Women’s Participation and Gender Integration in Services and
Industry Enterprise-Based Unions (EBUs) in the Philippines
CONCLUSIONS
This analysis considered the state of women’s participation and integration of gender issues in EBUs
in selected services and industry sectors in the country. Using a sequential mixed method approach,
37 EBUs were surveyed and interviewed. Based on the findings, the following results are highlighted:
•
On union constitution, gender equality still lies on the fringe, albeit increasingly more
EBUs began stepping up in terms of revising and updating the primary document
that lays down their principles, objectives, and commitments. Lack of basic awareness
of gender concepts serves as the major challenge since, as noted in this paper, many
are in fact willing to address gender issues in their unions.
•
On union leadership, women remain underrepresented both in the roster of officers
or in the provincial, regional and national tripartite bodies. In cases where women
hold positions, they are most often elected or appointed as secretaries or treasurers
representing the persistent challenge of gender stereotyping with respect to assigning
roles and responsibilities for women. Of course, the domestic or household sphere
has a huge part as much of the responsibilities at home continue to be placed on
women that they practically lack the time and the family/union support for taking
on leadership roles.
•
On membership, there is a low percentage of women members based on the findings
of this study although many participants indicated that the number of women joining
in their unions is increasing over the last five (5) years. Unions who have a “closedshop” policy claim that lack of women members does not apply to them. Nonetheless,
the following issues in organizing were noted: lack of time to join a union due to
family responsibilities and male-dominated union structure for industry sector
unions and discouragement or hostile reactions from colleagues, fear of reprisals
from having joined a union and the lack of benefits afforded to women workers are
cited as the main reasons for services sector unions.
•
On programs and activities, gender awareness training, as well as practical training
on gender mainstreaming should be part and parcel of all union education programs
and activities, at all levels (ILO-ICFTU, n.d.). However, based on the survey results,
very few participating union representatives have indicated having gender sensitivity
or awareness training and seminar. One of the affirmative measures in promoting
gender participation in union activities is establishing target or quota for training and
education programs but a very few have targets and thus, cannot monitor the progress
that has been made. Moreover, while Republic Act 9262 provides for protective
measures, sexual harassment and verbal intimidation are among the top determined
issues experienced in workplaces. Lack of time due to family responsibilities and of
benefits addressing the needs of female workers are some of the reasons cited by
participating EBUs that hinder women in participating in union and union activities.
•
On collective bargaining, findings show the participation of women is improving
at the enterprise level even as women continue to fall behind in union membership
and leadership at the national level. Between the two sectors covered in this study, it
is in industry sectors, associated with male dominance, where more women tend to
be part of the bargaining team. Nevertheless, with women acting only as observers
instead of being part of the negotiating team, crucial bargaining negotiations are
jeopardized. Moreover, it was also apparent that although gender awareness-raising/
training activities for negotiators are provided or implemented, the gender quota
system is lacking as none of the participating EBUs have institutionalized such policy.
Thus, the absence of a crucial affirmative measure in promoting gender participation
and gender equality in the bargaining activities on EBUs.
Philippine Journal of Labor Studies: Vol. I No. 2
41
RECOMMENDATIONS
To enhance women’s participation and gender integration in local EBUs in the Philippines based on
the abovementioned facts, the following initial interventions are put forward as recommendations:
Unions
•
Incorporate gender equality as a principle or commitment in the union constitution to serve
as the primary policy imperative for integrating gender lens in their structures, programs,
and activities.
•
Increase the number of women who get involved in recruitment, membership or organizing
activities, irrespective of the existence of a closed-shop policy.
•
Formulate a policy for establishing a proportional representation of women in the leadership
(executive committee and other structures) and in the bargaining teams (especially the panel
of negotiators). Unions may consider putting this gender quota system into wider practice,
and more strategically, in leadership positions.
•
Designate gender equality officer (or a team of gender equality officers for EBUs with large
scope) to propose, monitor and review policies, programs and activities aimed at enhancing
women’s participation and gender integration in the unions.
Government
•
Formulate policy framework/guidelines for improving the roles of women and the
integration of gender issues in unions across structures and processes, through tripartite-plus
consultations (i.e. government, workers, employers and women’s organizations).
•
Implement training programs on basic gender sensitivity for union officers and on negotiation
and leadership skills for women union officers in cooperation with social partners.
Social partners (including women’s organizations)
•
Strengthen the capacity of EBUs in increasing women in leadership positions by providing
skills-oriented (e.g. negotiation) programs for female union members, and in gender
integration by providing various gender-related training activities for union officers.
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Philippine Journal of Labor Studies: Vol. I No. 2
43
44
Delerio, Alba, Lumactud, Mones, Daquio: An Analysis on Women’s Participation and Gender Integration in Services and
Industry Enterprise-Based Unions (EBUs) in the Philippines
A Descriptive Study on Off-site Work Arrangement in the Philippines
Miraluna S. Tacadao
ABSTRACT
Rapid technological advances, urban congestion/traffic and the increased desire to balance family and work
life are few of the many factors that contribute to the growing popularity of off-site work arrangements. While
there are multitude of terms such as teleworking, telecommuting or work-from-home to refer to off-site work,
the overarching theme is that work is being done away from the employer’s premises. In this paper, the author
aims to describe this type of work arrangement, in terms of occurrence, work patterns, and its possible labor
market implications. The study utilizes a two-pronged approach seeking both employees’ and employers’
perspectives. Employees’ insights on their experience and motivation were gathered through an online survey
while key informant interview with employers was conducted to shed light into company policies on off-site
work arrangements. Findings show that most of the jobs suitable for an off-site work arrangement rely on
information and communications technology and home is the primary workplace. While the work arrangement
offers opportunities, it also presents challenges both for employers and employees. There are various issues that
must be addressed such as safety and health, communications, and support tools and infrastructure, when
formulating and implementing off-site work arrangements. Given that there is a pending work-from-home
bill, a policy framework would be helpful to enable employers and workers to understand the requirements of
off-site work arrangements.
INTRODUCTION
Significant changes have been observed in the world of work. Technological advances have generated
innovative work practices such as telework, virtual teams or cloud-based systems. Nowadays, office
work is largely supported by internet. The emergence of smaller and lighter devices, such as laptops
and smartphones, has enabled employees to work not only from their home, but practically at any
location and at any time (ILO, 2017).
With the worsening traffic situation in the Philippines, many companies have introduced information
and communication technology (ICT) solutions, enabling them to adopt flexible work arrangements.
Consequently, it has altered workplace practices in terms of the way work is organized and how
employers and workers interact. On the other hand, many companies have believed that flexible
work helps them stay competitive and maximize business profits (International Workplace Group,
2018).
The Decent Work Country Diagnostics: Philippines (2017) noted that, non-conventional work
arrangements are evolving. This work arrangement “de-emphasizes time, physical work, space and
direct employer control, and supervision, while emphasizing output, use of information technology,
worker responsibility and autonomy, and self-managed work processes.” Further, there is anecdotal
evidence that these arrangements are increasing in the Information Technology and Business
Process Management (IT-BPM) industry. Recently, the Department of Labor and Employment
(DOLE) issued Administrative Order No. 98-18 creating a Technical Working Group (TWG) that
would examine the emerging work and employment arrangements of “work-from-home” workers,
particularly in the IT-BPO industries. The TWG shall obtain baseline information that can be used
in the formulation of rules and regulations to protect the rights of workers under the “work-fromhome” scheme.
Today, off-site work arrangements are gaining popularity in the country. There are companies
adopting an alternative work arrangement where employees can work at home, or any other suitable
place on agreed day/s, enabling flexibility while achieving the requirements of their jobs, while some
Philippine Journal of Labor Studies: Vol. I No. 2
45
offer a home office work arrangement. Flexible work is increasingly seen as part of normal business
strategy, or an option that is integral to be globally competitive. Workplaces are transforming, hence,
bringing opportunities and challenges.
The overall aim of this paper is to describe off-site work arrangements (i.e. telecommuting, telework,
or work-from-home arrangement) as being practiced, and to obtain a profile of employees who
are engaged in this type of work arrangement. Further, work patterns are described to explain the
benefits and challenges, while existing policies have been mapped out to determine if there is an
enabling environment, without endangering decent work in implementing such work arrangements.
REVIEW OF RELATED LITERATURE
Overview of terminologies
With globalization and rapid technological advances, new trends on work environment have emerged.
Speed and efficiency in work organization have greatly increased because of technology. The workforce
is becoming demographically diverse. Workplaces are responding to new options or greater flexibility
in work locations. Consequently, this has allowed employers and workers to decide work arrangements
that suit them.
A flexible work arrangement (FWA) is defined as “any one spectrum of work structures that alters the time
and/or place that work gets done on a regular basis.” It includes: a) flexibility in the scheduling of hours
worked (e.g. flex time and compressed workweeks); b) flexibility in the number of hours worked (e.g. part
time and job shares); and c) flexibility in the place of work (e.g. working at home or at a satellite location).
Within the scope of working time and place of work, the adjustment in working hours or schedule,
and enhancing the adaptability of workplaces, it enable a worker to work outside the normal workplace,
such as off-site work arrangement (telework, remote work, etc.).
Based on a study (Richman, Noble and Johnson, 2002), off-site work arrangements are widespread in
US, with half of the workforce working away from an office or at least part of the time. It summarized
off-site work arrangements and how they are working into five types: a) regular teleworkers who work
from home on a regular basis, at least one day a week; b) ad-hoc teleworkers who work from home at
least one day a month; 3) remote workers perform their work from home full-time; 4) mobile workers
perform work in a variety of locations; and 5) customer site workers are assigned to work primarily
at a customer site (ibid.).
In 2016, a Global Forum was held to share experiences of telework in Information and
C o m m u n i c a t i o n s Te c h n o l o g y S e r v i c e s ( I C T S ) a n d f i n a n c i a l s e r v i c e s s e c t o r.
While the term telework was coined in the early 1970s, there are multitude of
te r ms appl i e d to t he phe nome non . Tel e work is re fe r re d to as “tel e c om mut i ng”
, “work from home”, “e-work”, “virtual work”, “remote work”, “distance working”, “distributed work”, “work
shifting” or “flexible working”. As a consensus in the Global Forum, telework is understood as “a regular
work performed by a worker within an employment relationship, away from the employer’s generally
recognized work premises.”
While there are different terms used, the overarching theme is that work is being done outside the
employer’s premises. Work is undertaken at any location outside the work premises of the employer, at
a shared office center or hub, or home-based work (ILO, 2016). The practice of an off-site work offers the
individual the freedom to work in an environment that is suitable to his/her job or personal circumstances.
Opportunities and challenges of off-site work
With the rapid advances in ICT, the phenomenon of off-site work arrangement has become prevalent.
More than two-thirds of people around the world work away from the office at least once every week
46
Tacadao: A Descriptive Study on Off-site Work Arrangement in the Philippines
(International Workplace Group, 2018). Apparently, technology was the primary driver of changing
perceptions on work locations and working hours.
Off-site work arrangements such as telecommuting and telework, have advantages and challenges
for both the organization and the employee. However, these vary based on organizational culture,
management styles and individual personalities (Hamilton, 2002).
Worker benefits range from shorter commuting time, less travelling expenses to better work-life
balance. Employees are afforded the opportunity to manage their work along with their caregiving
responsibilities and personal needs. Hence, there is a positive impact on family life. On the other
hand, employers benefit from improved greater employees’ productivity and efficiency. Overhead
costs are lowered by reducing expenses on maintenance or rentals. It also leads to a larger pool of
diverse and motivated skilled workers. The benefits can also include attracting and retaining highquality employees and promoting workplace diversity through the employment of those who are
physically challenged and elderly (Hamilton, 2002; Lakshmi, Nigama and Mishra, 2017). Meanwhile,
governments can use this strategy to address urban congestion, while at the same time promote
inclusive employment opportunities.
While benefits exist, there are challenges in implementing an off-site work arrangement, particularly
telecommuting and telework (Hamilton, 2002; Tavares, 2017). On health, teleworkers are at risk of
musculoskeletal problems in neck, shoulders, wrist and hand regions (Tavares, 2017). The nature of
work does not establish social relationship with colleagues. Being away from the workplace, added
with continuous working hours, can induce isolation and blurred lines between work and private
life. Telecommuters may find themselves working overtime late into the evening, on the weekends,
or even vacation. The blurred work-home life boundary may create more stress. These health
conditions are difficult to monitor and control in off-site work arrangements. Another implication
of limited interaction is difficulty in monitoring an employee’s performance. Another issue is the
worker’s access to training. The diminished access to resources or promotional opportunities may
give a perception of lack of career advancement. Since communications and connectedness are
aspects of an off-site work arrangement, other challenging factors are availability of technology tools
and support associated with managing data integrity and privacy issues.
Mapping the policy environment
One of the agreement at the Global Forum is that teleworkers have the same obligations and
fundamental rights as their counterparts in traditional work arrangements. All laws and regulations
applicable to traditional work arrangements also apply to teleworkers except for those regulations,
which are specific to traditional work arrangements.
At the global level, there is no international Convention that specifically governs off-site work. The
most proximate ones are Convention No. 177 or the Home Work Convention and the Home Work
Recommendation, which are both adopted by the International Labor Conference in 1996. The
Conventions applies to workers with alternative worksites and sets minimum standards and conditions
of employment. The Recommendation, on the other hand, provides detailed guidance on the standards,
including, occupational safety and health, work hours, social security and maternity protection. In
Europe, the implementation of telework is regulated by the European Framework Agreement covering
employment conditions, health and safety, training and collective rights. The agreement defines
telework and sets up a general framework for teleworkers’ working conditions. It recognizes that
teleworkers are afforded the general protection granted to workers based in the employer’s premises
and highlights key areas where the specificities of telework need to be considered.
Philippine Journal of Labor Studies: Vol. I No. 2
47
In the Philippines, the work-from-home bill is one step away for becoming a law
. The bill seeks to institutionalize or promote telecommuting in the country. It also allows employers
to offer telecommuting program to its employees that shall be voluntary and not be less than the
minimum labor standards set by law, including health and safety of workers, schedule and workloads,
work hours and social security. Moreover, DOLE is also tasked to establish guidelines that would
guarantee equal benefits and fair treatment for home-based workers.
Home workers have been recognized by the DOLE through its policies. In 1992, DOLE Department
Order No. 5 was issued governing the employment of industrial homeworkers. The Order defines
industrial homework as “a system of production under which work for an employer or contractor is
carried out by a homework at his/her home. It is a decentralized form of production where there is
ordinarily very little supervision or regulation of methods of work.” Over the years, and with significant
changes in the world of work, particularly technological advancements, the issuance does not cover
IT-related workers.
While the work-from-home bill is still pending, the Labor Code is generally applicable to this form of
work arrangement and there are existing implementing regulations on flexible work arrangements. In
1994, DOLE Department Order No. 2 was issued providing for regulation on compressed workweek,
while in 2010, Department Order No. 4 expanded the regulation on flexible work arrangements other
than compressed workweek, to cover gliding or flexi-time (i.e., one where the employees are required
to complete the core work hours in the establishment but are free to determine their arrival and
departure time) and flexi-holidays (i.e., one where employees agree to avail the holidays at some other
days provided there is no diminution of existing benefits as a result of such arrangement). Likewise,
there are previous DOLE issuances intended to recognize the need for companies to adopt flexible
work as crisis-response mechanism aimed at cutting costs and preserving jobs of workers.
The Philippine IT-BPM industry
In recent years, the IT-BPM industry has grown into a major economic driver and employment
generator in the country. As of June 30, 2016, the Philippines is home to 851 registered BPOs,
where 429 establishments were engaged in call center activities and computer-related activities
with 393 establishments. A total of the 575,600 persons are employed, of which nearly seven
(7) out of every (8) eight employees (87.6% or 504,227) worked in call center companies.
Almost 12 percent (11.6%) are involved in computer-related activities, while the rest are
engaged in medical transcription (0.5%) and animated films and cartoon production (0.3%).
Meanwhile, the Information Technology Business Process Association of the Philippines (IBPAP) has
estimated that the country’s IT- BPM industry has created 1.15 million direct jobs and 3.67 million
indirect jobs in 2016. Under the IT-BPM Roadmap, the industry aims to create 1.8 million jobs by 2022.
The Roadmap recognizes that rapid technological changes can influence the way IT-BPM services
are delivered. These technologies include digital transformation (use of technology for competitive
advantage), artificial intelligence (use of application and to do complex tasks for clients) and new
delivery models (cloud services to achieve mobility and granularity), which could affect the workforce.
Hence, the industry must evolve with these developments.
To promote the growth and development of the IT-BPM industry, laws, rules and regulations have
been promulgated to align Philippine labor laws with BPO practices. While DOLE DO No. 4 (2010)
outlined the guidelines on the implementation of flexible work arrangements, it also provided for an
exemption from the night work prohibition for women employees in the BPO industry. The passage
of Republic Act No. 10151 in 2011 removed the general prohibition against employment of women
for nightwork by Repealing Article 130 of the Labor Code. In lieu, it sets provisions on employment
of night workers such as: a) implementation of health assessment of night workers; b) availability
48
Tacadao: A Descriptive Study on Off-site Work Arrangement in the Philippines
of mandatory facilities for night work; c) rules for transfer for night workers; d) measures for the
protection of women night workers especially during pregnancy and before and after childbirth; e)
rules on compensation and social services for night workers.
One of the growing concerns in the BPO industry is the welfare of its workers. In 2008, DOLE issued
Department Circular No. 1 containing the policy guidelines governing the occupational safety
and health of workers in the call center industry. Further, Industry Tripartite Councils (ITCs) on
BPO and ICT were established as a main consultative and advisory body mechanism where social
partners – labor, employers and government – promote active participation in policy formulation and
development. These ITCs are present in the following regions: National Capital Region, Regions III, VI,
VII, X and XI. These ITCs are vested with the mandate to formulate Voluntary Code of Good Practices
or a set of voluntary minimum standards on the social and employment aspects of the industry.
METHOD
Both qualitative and quantitative data were gathered for the study. Initial data came from review of
literature on flexible work arrangement, particularly on temporal and locational flexibilities including
country studies, research reports and analytical perspectives. Aside from literature review, a stakeholder’s
forum entitled, Off-site Work Arrangement: Concepts and Practices was conducted on June 20, 2018. The
forum solicited perspectives from various stakeholders on the concept of off-site work, particularly workfrom-home arrangement. For this study, off-site work is based on the principle that work is performed
away from an office or at least part of the time.
The study utilizes a two-pronged approach seeking both the employees’ and employers’ perspective on
an off-site work arrangement. For employees, an online survey was conducted to gather their insights
on their experiences and motivation. For employers, key informant interviews were conducted to gather
information on the benefits and challenges in implementing an off-site work arrangement.
The survey sample includes telecommuters or employees who work from a home-based office or
satellite office during normal work hours, instead of commuting, and teleworkers who use ICT – such
as smartphones, tablets, laptops and desktop computers – for the purpose of work outside the employer’s
premises (ILO, 2017). Respondents are employed in an IT-BPO company thus they “employee-employer
relationship” exists. The study excludes freelancers or independent contractors who may be categorized
as self-employed.
Since potential respondents are difficult to find, snowball sampling was used. Respondents were identified
through referrals. An online survey was also launched from September 1 to October 31, 2018 to reach
more participants. The online survey gathered a total of 45 respondents. The questionnaire is composed
of the following parts: a) demographic profile; b) household profile; c) employment profile; d) work
practice; e) work arrangement; f) working hours; g) compensation and benefits; h) workspace conditions;
i) training and supervision; and j) benefits of an off-site work arrangement. It was pre-tested wherein some
questions were removed and additional options were added. For employers, an interview with human
resource manager/supervisor was conducted to shed light into the company policy on telecommuting.
For ethical considerations, participation in the study is completely voluntary. All research information
are held with strict confidentiality. Individual participants are not identified and responses are integrated
and presented in summaries, statistical tables and themes. Though the sample cannot be treated as
representative of the entire IT-BPM industry, and not all companies have a work-from-home arrangement
or a telecommuting policy, the study intends to provide information or snapshot on how telecommuting
is being practiced in the Philippines.
Philippine Journal of Labor Studies: Vol. I No. 2
49
RESULTS
Demographic and household profile
The Majority of respondents are from the National Capital Region (60%), followed by Region I-Ilocos
(24%), Region VI- Western Visayas (9%), Region III-Central Luzon (2%), and Region VII-Central
Visayas (2%). Naturally, these are regions that have been identified to be attractive to IT-BPM
investments (Figure 1).
Based on the Next Wave Cities Report (2016), Manila and urban
centers like Cebu City, Bacolod City and Clark are considered as
premier IT-BPM hosts and high-density locations. These cities are
known to be IT-BPM hubs, or Centers of Excellence. Iloilo City
was recently named as a new Center of Excellence, while Laoag
City is an emerging location. Using a scorecard, which includes
talent, infrastructure, cost and business environment, tthese cities
were found to be suitable for hosting local and international
players that could best enable and support the continued growth
of the IT-BPM industry
Figure 1. Geographical locations of respondents
As illustrated in Figure 2 below, bulk of the respondents
belong to age group 25 to 34 years (47%), followed by 35 to 44 years (22%), and 15 to 24 years
(18%) (see Figure 2). The average age of respondents is 29 years old. Notably, the majority (65%) are
millennials or part of the Generation Y (18-34 years old.). According to a study (Myers & Sadaghiani,
2010), millennials see work (especially where and when work is done) in flexible terms and has
strong affinity with ICT.
50
Tacadao: A Descriptive Study on Off-site Work Arrangement in the Philippines
The majority (77%) of the respondents are college graduates. According to discipline groups, many
are graduates of IT-related courses (45%), followed by business administration-related (12%) and
medical-allied courses (12%). Some have degrees in engineering and technology (9%) (Figure 3). These
courses are consistent with Commission on Higher Education’s (CHED) frequently enrolled disciplines.
Since off-site work is strongly related to ICT and computers, the person has to be computer-savvy.
There is an almost equal number of male (22) and female respondents (23). More than half (55%) of
them are the household head or the chief income-earner of the family. Caregiving duties are one of
known motivations for a work-from-home arrangement. Respondents were asked on the presence
of a child (7 years old and below) and an elder (60 years old and above) in their household. Around
one-third (31%) indicated the presence of a child/children (son/daughter, sibling or niece/nephew) in
their household, while almost half (47%) or 21 of them lived with an elderly (parent or grandparent).
Meanwhile, there are 10 respondents who both have the presence of children and elderly in their
household (see Table 1).
Table 1. Presence of Child/Children (7 years and below) and Elder (60 years and above) in the Household
Presence of
Both
Elder
Child
Child
Elder
N
%
N
%
N
%
N
%
1 only
7
50
14
67
5
50
8
80
2 or more
7
50
7
33
5
50
2
20
Total
14
100
21
100
10
100
10
100
Characteristics of sampled employees
Bulk of the respondents are into IT-related jobs (42%) such as web design, IT-system management
and animation (42%), followed by telemarketing (24%) and human resource work (18%) (see Figure
4). These types of employees, or the so-called “knowledge workers,” are dependent on ICT and are
using data. They are mainly found in higher positions (e.g., managers and team leaders). Survey
results also show that a proportion of clerical employees (telemarketers) are engaged in off-site work
arrangement. In an interview with a human resource manager implementing telecommuting program,
it was pointed out that all employees are entitled to avail of this arrangement regardless of position,
so long as the job can be performed away from the central office (i.e., usually at home).
Philippine Journal of Labor Studies: Vol. I No. 2
51
Three out of four (76%) off-site employees are in regular or permanent position. The results demonstrate
a similar pattern where work is commonly enabled by ICT (e.g., web development and computer
programming) and knowledge-based occupations (e.g., finance and accounting and analysis activities).
Meanwhile, those telemarketers or doing phone calls are in contract of service or rendering service
for a definite period of time, as well as animation work (see Figure 5).
Notably, these professions rely on telephone, computers and other ICT devices and their tasks can
be suitably performed by telecommuting or telework. Tavares (2017) described these task as: a)
information based and portable; b) performance involves a high degree of autonomy; c) activities
can be planned in advance or performed at varying times of a day; d) processing and disseminating
information; and e) outputs are measure such as reports, statistical figures or software.
Drivers and motivations
Based on existing literature, flexible work schedule is a desirable as it contributes to achieving work-life
balance. Respondents were thus asked of their individual motivations for engaging an off-site work
arrangement. Based on the results of the survey, top motivations can be defined by work-life balance
and caregiving duties (see Table 2).
Table 2. Motivations for engaging in an off-site work arrangement
Motivations
52
%
To cut down on transport expenses
76
Too much traffic when going to work
67
To control and improve my working conditions
62
To lower my stress level
60
To be at home more with my family
51
Tacadao: A Descriptive Study on Off-site Work Arrangement in the Philippines
To take account of disability or health problem
40
To improve social life
36
To take other jobs (part-time or job outside of my current job)
24
To take care of my child/children
20
To take care of my parents and/or elder family member
20
Other reasons: less interaction with toxic clients/colleagues
4
Note: Multiple responses apply.
The most popular motivation is time and money saved in commuting to and from work each day. In
congested areas like Manila, opportunities to cut travel time can be significant. In addition, increased
autonomy and flexibility of work schedule enable them to improve their working conditions and lower
their stress level. The work-from-home arrangement can also give them flexibility to attend family
needs. Half of the respondents would like to be with their family, while others cited caregiving duties.
For the employer, telecommuting can enable continuity during ordinary business interruptions
incidents, such as typhoons or traffic problems. Moreover, as the company ventures into an agile
workplace, employees should have the ability to make independent decisions.
Occurrence
Work location is a critical element when working off-site. The majority (71%) identified their homes
as their alternative workplace, followed by collaboration spaces or co-working spaces (20%) and cafes
or coffee shops (4%). Other locations are hotels and satellite offices (see Figure 6).
The rise of collaboration spaces or co-working spaces is seen in the near future. Due to rapid
developments in mobile technology and connectivity, many jobs and tasks are online-based. These
places become a preferred work place among professionals and millennials who want to work other
than cafes or from their homes.
Meanwhile, the nature of work of those working at home are mostly ICT-based such as web design
and software development. Whether gender influences the preference of location, it is neutral which
is almost equal to an extent.
Respondents were given a list of commonly used equipment when doing off-site work. They often
used laptop (84%) with high-speed internet (84%), internet/wireless router (82%), headset (82%) and
mobile phone with data (80%) to perform his/her job responsibilities. These equipment are notably
essential for mobility and communication. From the list, respondents were also asked if these equipment
were provided by the employer. Results showed that they usually used company-issued laptops and
Philippine Journal of Labor Studies: Vol. I No. 2
53
headsets. While a handful of them indicated that high speed internet service, internet/wireless routers
and mobile phones with data are provided by the employer, these were usually shouldered by the
employee and subject to connectivity requirements (Figure 7).
Further, the employee is responsible for company-issued equipment, which should not be used for
personal or other use not related to his/her work. However, maintenance, repair and replacement of
company-issued equipment are the responsibility of the company. While some employers allow the
use of employee-owned equipment, repair and maintenance is the responsibility of the off-site worker.
Respondents were asked of their primary means of communication with their manager or colleagues.
With the rise of technology, emails (33%), web conferencing (31%) and use of social networks (7%)
are the ways to communicate, while a handful of them still physically report in the office (24%) (see
Figure 8).
For off-site work, communication is very important. Since almost of the respondents (95%) are still
under a supervision of a manager, it is essential from a performance management standpoint to ensure
that regular communication is seamless. Communication experience ranges from informal ones such
as “keeping in touch or in the loop” to formal meetings and exchange of information between the
employee and manager or collaboration within team members.
54
Tacadao: A Descriptive Study on Off-site Work Arrangement in the Philippines
Respondents were asked if they undergo training before starting off-site work or work-from-home
arrangement. Only 16 of them (35%) underwent some sort of training. The nature of work for most
of them is knowledge-based or using data (e.g., data management, financial analyst, human resource
work). Likewise, respondents were asked if their employer provided him/her with training for the
past 6 months. Almost two-thirds of them have been provided with a training. Commonly provided
training are about collaboration, communications and data security. To make most out of working
outside the employer’s premises using ICT, it involves proficient use of technology entailing skills
development. Since the performance of work is mostly at home, few of them had attended a training
on occupational safety and importance of ergonomics (i.e. positioning your laptop to proper height
and distance, proper lighting, etc.) (see Table 3).
Table 3. Types of Training Provided by the Employer for the Past 6 Month
Types of Training
%
Collaboration tools (e.g. desktop sharing, web conferencing)
69
Organizational communications
66
Data security
48
Technology troubleshooting and how to fix problems
38
Time management skills
34
Internet and remote working skills
31
Occupational health and safety
17
Running a home office set-up or your work station
14
Ergonomics (ex. proper posture, appropriate position of laptops, etc.)
7
Others: Service management, personality tests, job-related skill, technical skill
14
Note: Multiple responses apply
Since some of the work involve use on data, training on data security is essential. It is important that
employees working from home or another alternative location understand that it is their responsibility
to protect and manage the records and other sensitive information stored in their equipment (e.g.
laptops, mobile phones) and transmitted across external networks. Hence, employees are directed to
use company-issued equipment, which is restricted for personal use.
The importance of data security is emphasized during the key informant interview. Aside from
using company-issued laptop, a system was set up to provide employees with secure access through
private network, or a cloud storage which enables employees to work from any location, while being
protected from threats. Many of them (62%) stated that they have a remote management support
team to address machine or infrastructure issues (e.g.,. inaccessible network) and related concerns.
It may be noted that employees must have the knowledge and skills in ICT, while employers have the
necessary equipment, application and network infrastructures. Hence, it entails technological and
skill investment both on the part of employer and employee.
Practice of off-site work
Many of the respondents (29%) did not indicate how long they have been practicing off-site work.
However, some of them have been in this work arrangement for more than a year (36%), while the
rest have been doing it less than a year (24%) or in his/her first year (11%). Respondents were asked
of what a typical workday when they are working from home or in an off-site location.
Using a Likert-scale, a typical workday is characterized as always working on a computer and connected
to a network and collaborate with others either personally or electronically. Attending web conferences
Philippine Journal of Labor Studies: Vol. I No. 2
55
is the most prominent collaboration tool. When working at home, they are most often “working alone”.
The use of paper files and attending meetings or presentations in person are seldom part of the routine.
The use of smartphone for work is more often than using a telephone (see Figure 9).
Respondents were asked if they work-from-home or telecommute under a formal agreement or
program. The majority of them (69%) have a formal off-site work agreement. Those who responded
positively claimed the terms that were included in the arrangement (see Table 4).
Table 4. Terms Included in the Formal Off-Site Work Agreement
Provision
Yes
No
I don’t know
NA
N
Workplace or home location
24
6
-
1
31
Working hours
29
2
-
-
31
Equipment (including set-up)
15
14
1
1
31
Communication
29
2
-
-
31
Compensation and benefits
27
3
1
-
31
Occupational safety and health
17
9
2
3
31
Confidentiality and data security
31
-
-
-
31
Termination and suspension
28
1
2
-
31
Based on the results, the following may be observed:
56
•
Work standards and performance. Employees are expected to follow policies and
procedures (i.e. location, working hours, data protection, communication) established
by the company or the manager. Failure to comply may result to termination and/or
disciplinary action.
•
Compensation and benefits. There is much attention given to this provision, which ensures
the basis of payment of work and other entitlement.
•
Equipment. Either company-issued or personal equipment are used by the employee.
Tacadao: A Descriptive Study on Off-site Work Arrangement in the Philippines
•
Safety. Since home is considered an alternative work location, it is important that
safety standards and met. However, it is noticeable that, less attention is given by the
respondents.
On working hours, the majority of the respondents have flexible work schedules, a rest day weekly,
and an hour break daily. Respondents were asked of their schedule (time started to and ended from
work) for the past month. Out of 45 respondents, only 33 of them indicated their schedule. Results
show that working hours varies. Many are in graveyard shift (39%), followed by morning shift (30%),
mid shift (18%) and evening shift (12%).1 The earliest time to start is 5:00 am and ends between
2:00 to 5:00 pm, while other starts late in the afternoon or night time and ends in the early next day
morning. There are some who follow the typical 8:00 am to 5:00 pm schedule. Probably, this highly
varied working hours is attributed to different time zones of clients.
Implications of work arrangement
On working time
Off-site work, particularly work-from-home arrangement, is usually associated with increased
autonomy. Hence, there is some degree of task discretion. For the respondents, work-life balance
(29%), more time with family (22%), more flexibility with organization of daily tasks (20%), and
less stressful environment (20%) are the benefits they receive from telecommuting or teleworking,
aside from the fact that they saved in commuting costs (29%) (Table 5). Due to flexibility of work
schedule, respondents were able to manage their working time and balance between professional,
family and social life. For a company implementing a telecommuting program, this strategy
fosters maturity and professionalism by keeping the discipline of work even when employees are
performing work in the privacy of their homes.
Table 5. Benefits of an Off-site Work Arrangement
Benefits
N
%
Savings in commuting costs
13
29
Work-life balance
13
29
More time with family
10
22
More flexibility with organization of daily tasks
9
20
Less stressful environment
9
20
More productive
8
18
Savings in time
7
16
Higher job satisfaction
6
13
Less distraction from co-workers
3
7
Avoid office politics
2
4
Although this autonomy and flexibility may lead to increased productivity and job satisfaction, it poses
a challenge. One is the difficulty of separating work and home lives. More than half of the respondent
(67% or 30) indicated that they render overtime hours averaging to 1-2 hours. One out of five from
them said, rendering overtime depends on the difficulty of task or client instruction. When asked if
the overtime hours are compensated, they said it is compensated as time-off or getting paid subject
to the approval of the supervisor.
According to literature, work flexibility has potential effects on the number of hours worked. There is
a risk of overlap between personal and family because of mix duties at the same time. Employees may
1 A morning shift typically runs from 8:00 am to 5:00 pm or 7:00 to 4:00 pm. Mid-day shift may run from 1:00 pm to 9:00 pm or 2:00 pm to 10:00 pm. An evening shift
begins around 4:00 pm or 5:00 pm and goes until 11 or 12 pm. Graveyard shift usually begins at about midnight to 7:00 or 9:00 am.
Philippine Journal of Labor Studies: Vol. I No. 2
57
find difficulty to have clear demarcation between work time and family time. They are not bound on
the employer’s premises as a fixed workplace, but rather, they can perform work-related tasks at any
place and time (Hamilton, 2002; ILO, 2016, Tavares, 2017).
On occupational safety and health
Home is the top workplace when doing off-site work. Out of 32 respondents, half (50%) of them have
a dedicated workspace, which is a part of a room and they do not seek approval of their workspaces
(64%). Respondents were also asked if they are observing criteria for an appropriate work space (see
Table 6).
Table 6. Observance of Criteria for an Appropriate Work Space
Criteria
Yes
No
I don’t know
N
Ergonomics (ex. proper chair and desk, workstation is adjusted
properly)
8
29
8
45
Proper lighting
9
30
6
45
Free from unwarranted noise
19
22
4
45
Necessary cable/telephone lines for internet access/connections
34
9
2
45
Occupational safety (ex. free from hazards)
19
19
7
45
Uninterruptible power supply
18
21
6
45
There are important requirements for a safe, and effective off-site work environment. Based on data
presented in Table 6 above, it is noticeable that respondents do not give much attention to workstation
design or ergonomics. It is noted that the (office) chair and working desk are commonly provided
by the employee. It is important to ensure that home-workplace’s ventilation, temperature, lighting,
space, chair, desk and computer, or any other kind of work station are suitable for the tasks.
All the respondents were asked if they have experienced recent discomforts, pain or injury while
working at home. Although only three (3) of them answered, they experienced backpains, headaches
and dysmenorrhea. Further, only 38 percent are aware of the Employees Compensation Program
(ECP). This low awareness of an appropriate home workplace may lead to health and safety concerns.
It was noted that a typical day of an off-site worker entails “working alone” and to be “always online
and connected to a network.” On the other hand, one of the motivation is to “control and improved
working conditions,” which may result in “more flexibility with organization of daily tasks.” With
increased autonomy, there is a demand or an expectation of constant connectivity to work and a
possible interference between working and non-working time. This may lead to job stress related
to overwork, tight deadlines, inability to switch off and less time to rest (Tavares, 2017). The lack of
day-to-day interaction may also leave the employee the feeling of isolation or “out-of-the-loop,” from
a professional as well as social point of view and affect his/her career development.
On caregiving activities
Workplace flexibility is used to support employees with caregiving responsibilities, especially minor
children and/or elder dependents. Out of the 16 married female respondents, four of them are homebased employees, in which one of them indicated that her motivation is to take care of her children.
On the other hand, 7 out of 21 who indicated that they have an elderly in the house, one of their
motivation is to take care of old parents or elderly relative.
With this, there are two different kinds of caregiving activities identified in the household: care provided
to elderly such as aging parents or relatives and care for the individual’s own children. Although
58
Tacadao: A Descriptive Study on Off-site Work Arrangement in the Philippines
these are activities of a very different nature, both require time that cannot be spent in other ways.
Somehow, labor force participation and caregiving activities are “competing” for the time of many
people. Further, while the arrangement enables female’s participation in the labor force, it reinforces
traditional gender role of caregiving duties associated to women.
CONCLUSION AND RECOMMENDATIONS
Rapid technological advances, urban congestion/traffic and the increased desire to balance family
and work life are few of the many factors that contribute to the growing popularity of off-site work
arrangements. While this work arrangement offers advantages and opportunities, it also presents
challenges both for employers and employees.
First, not all types of work can be performed outside the employer’s premises nor dependent on ICT,
and not all individuals are suitable to work off-site. Off-site work can still be considered standard
form of employment if the job is continuous, full-time, with a direct relationship between employer
and employee2. However, there must be vigilance that this work arrangement would not lead to nonstandard forms of employment.
ICT innovations have indeed allowed employees to undertake work in different physical locations. For
companies who want to be cost-efficient, non-core business processes can be outsourced to third-party
service providers and situate to locations with lower labor costs but sufficiently high human capital
(educated and technologically endowed) and adequate ICT infrastructure (Errighi, L., Khatiwada,
S., Bodwell, C., 2016). This non-standard form of employment raises important concerns on labor
protection such as security at work, social protection, occupational safety and health and collective
rights (Serrano, et. al, 2014, ILO, 2016).
Second, technology plays a crucial role in implementing this type of work arrangement. Off-site work
requires IT support and appropriate technology, as well as relevant training. Remote access, cloudbased/mobile platforms, virtual private network (VPN) technologies and data protection must be
established to enable users to work from virtually anywhere, while ensuring privacy and security of
information.
Third, changing work environment may offer improved working conditions thereby affecting
motivation and productivity. However, workplace safety and health must not be overlooked. In this
type of work arrangement, home is considered as an extension of normal workplace, which should
meet the same health and safety standards as those available at employer’s premises.
Fourth, off-site work builds trust and responsibility among workers and managers. It also introduces
efficient and innovative practices such as “paperless” office, digital workplace, agile work environment
or rise of coworking spaces. However, change in perspective or introducing a “culture” (culture
building) do not come overnight. It requires deliberate action of both employees and employers.
Lastly, family plays a role in shaping a work-from-home arrangement. Child or elderly care is one of
the motivations for engaging in this type of work arrangement. Work-from-home arrangement has the
capacity to increase carer’s participation in paid employment. However, work-from-home arrangement
is not a substitute for child or elderly care. It is important to remember that telework is official work time.
Indeed, a successful off-site work policy requires careful planning and implementation. While the
Work-from-Home Bill is still pending, the following actions are recommended to inform of future
2
In determining the existence of an employer-employee relationship, a four-fold test is used which has the following elements: (1) the power to hire, (2)
the payment of wages, (3) the power to dismiss, and (4) the power to control the employees conduct, or the so-called control test.
Philippine Journal of Labor Studies: Vol. I No. 2
59
development of the implementation rules and regulations:
•
Formation of a National ITC (NTIC) in the IT-BPM industry would complement the regional
ITCs as it will provide a venue for the tripartite constituents to engage in an effective social
dialogue in the formulation and implementation of labor and social policies relevant to the
IT-BPM industry. The composition of the NTIC may be expanded to include the Department
of Information and Communications Technology (DICT), Philippine Economic Zone
Authority (PEZA) as relevant stakeholders.
•
Development of a regulatory framework (i.e. European Agreement on Telework) for the
implementation of a work-from-home arrangement (i.e. telecommuting, telework) would
enable employers and employees to understand the requirements and conditions for
participating in a Telecommuting Program. While the work arrangement is voluntary in
nature or based on a mutual agreement, this will ensure equality of treatment for employees
working at the employer’s premises and those working from an off-site arrangement
(i.e. telecommuters, teleworkers). The Framework would not only cover telecommuters/
teleworkers with an employment contract, also those that are self-employed (i.e. freelancers
or independent contractors). The framework should outline regulations in the following areas:
•
•
60
•
Employment conditions (i.e. hours of work, rest periods and work schedules);
•
Equipment including provision, installation and maintenance;
•
Health and safety (to include provision if the employer or the health and safety
committee have access to house for safety inspection or an alternative arrangement
as the employee will use a checklist or submission of photos of work area; reporting
and compensation of work-related accidents or illnesses);
•
Training and career development opportunities; and
•
Collective rights such as freedom of association and collective bargaining.
Development of an off-site toolkit (i.e. Telework/Telecommuting Toolkit) (website) will
provide necessary information and guidance to help plan, implement and maintain an offsite work arrangement option in an organization. The toolkit may include the following:
•
Telework/Telecommuting Policies/Procedures
•
Telework/Telecommuting Guidelines
•
Candidate Assessment for Telework/Telecommuting
•
Home Office Safety Guidelines
•
Telework/Telecommuting Agreement
•
Telework/Telecommuting Training Modules (for staff and managers)
•
Telework/Telecommuting Pre-pilot Surveys (designed to assess the employee’s
expectations concerning the company’s telework/telecommuting program.)
Organizing “virtual” workplaces is a challenge for unions and workers organization. While
union representation is almost non-existent in the BPO industry (Errighi, L., Khatiwada,
S., Bodwell, C., 2016), organizing strategies would include innovation and utilization of online technologies for workers’ communication. Given how these workers rely on IT to do
their jobs, there might be significant interest in using online tools. The following strategies
can be considered:
Tacadao: A Descriptive Study on Off-site Work Arrangement in the Philippines
•
Use of social media to serve as connective action place where teleworkers/
telecommuters can share knowledge about working conditions, contractual
arrangements, compensation ranges, social security, among others.
•
Email and online services (such as vlog, blog, web design) can provide new ways
of communicating with workers and undertake solidarity work.
•
Widen range of issues to include the interest of teleworkers/teleworkers including
family life, women’s participation in work-from-home arrangements and caregiving
activities.
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Tacadao: A Descriptive Study on Off-site Work Arrangement in the Philippines
Labor and employment governance in a ‘Federal Philippines’:
A Policy Delphi-Survey Study
John Emmanuel B. Villanueva
ABSTRACT
As federalism continues to gain significant traction under the current administration of President Rodrigo Roa
Duterte, this research strived to provide guidance for the Department of Labor and Employment (DOLE) and
other concerned policy/decision makers in delineating labor and employment governance within the context
of a federal system of government for the Philippines—what areas belong to the federal government’s exclusive
jurisdiction, what aspects fall within the sole dominion of the regional governments, and what areas require
shared responsibilities between the two tiers. Banking on an exploratory, mixed-methods approach, preferences
and views of ‘experts’/informed advocates from concerned stakeholder groups at the national level, as well as
tripartite representatives at the regional level, were gathered and analyzed to provide an ideal governance setup for the labor and employment sector in a ‘Federal Philippines’.
Keywords: federalism, labor and employment, governance
INTRODUCTION
President Rodrigo Roa Duterte’s assumption to power served as an impetus for the prioritization of a
host of socioeconomic and political reforms—one of which is the proposal to shift from the current
unitary system to a federal form of government. The head of state has been openly advocating for
such a move—calling for support from policymakers in amending the 1987 Constitution to pave
the way for a “Federal Republic of the Philippines.” President Duterte views federalism as a means
to comprehensively address social unrest in Mindanao and to fully tap regional growth potentials
(Miral, 2017).
In general, there’s a vast international literature dedicated to the field of federalism (see Watts, 2001;
Burgess, 2006; Pearson, 2012; Bulmer, 2017). Likewise, local literature is also teeming with studies
exploring the prospects of federalism in the Philippines (see Brillantes, Jr. & Moscare, 2002; Pilapil,
2016; Rood, 2016). However, many of the researches available for perusal, particularly those relevant
to the Philippines or are set in the Philippine context, revolve primarily around the discourse
on poverty, inequality, economic growth, fiscal considerations (i.e. tax collection and retention
arrangements between the federal government and constituent units; fiscal transfers, among others),
and peacekeeping in relation to federalism (see Abueva, 2005; Miral, 2017). Very little attention is
given to areas that are of equal importance, such as labor and employment governance in the context
of federalism, particularly in the Philippines. At the international level, there are papers that examine
the case of labor and employment governance in well-known federal countries, namely, Canada,
United States of America (USA), Australia, and Germany (see DiGiacomo, 2001; Yi, 2006). But for
the Philippines, there seems to be sparse literature in this area.
Sound labor and employment governance contributes to the reduction of poverty and inequality in
the society. As such, labor and employment governance ought to be part and parcel of the debate
concerning a ‘Federal Philippines’. Hence, from a research lens, this working paper embodies a starting
point for a more comprehensive analysis of labor and employment governance in the Philippines
under a federal set-up. More importantly, in view of an efficient and effective public administration
consistent with the aim of Labor and Employment Agenda No. 1 (DOLE as an efficient, responsive,
purposeful, and accountable institution), this research seeks to provide guidance for the Department
of Labor and Employment (DOLE) in delineating labor and employment governance in a ‘Federal
Philippines’—what areas belong to the federal government’s exclusive jurisdiction, what aspects fall
within the sole dominion of the regional governments, and what areas require shared responsibilities
Philippine Journal of Labor Studies: Vol. I No. 2
63
between the two tiers. Essentially, this paper stands as DOLE’s proactive response to the Department
of Interior and Local Government’s (DILG) request to help them determine the distribution of powers
between the federal and regional governments in terms of labor and employment governance.1
RESEARCH QUESTION/S
The central research question that this working paper sought to answer is: “Under a federal system of
government for the Philippines, how should labor and employment sector be governed?”
Such a broad question represents a host of questions directed towards delineating central-regional
government responsibilities with respect to the governance of labor and employment matters—if and
when the Philippines transitions to a federal form of government.
Hence, two (2) key sub research questions were answered to address the main research question:
(1) “In a federal set-up, what labor and employment areas should be (a) exclusive responsibility
of the federal government, (b) exclusive jurisdiction of regional governments, and (3) shared
responsibilities between the two tiers?”
(2) “Within a specific labor and employment area, what governmental function/s (i.e., policy making,
standards setting, oversight/supervision, and provision/administration) should be (a) exclusive
responsibility of the federal government, (b) exclusive jurisdiction of regional governments, and
(3) shared responsibilities between the two tiers?”
RESEARCH OBJECTIVE/S
In keeping with the research question/s, the study intends to attain the following general and specific
objectives:
General:
To categorize the governance of labor and employment areas in a ‘Federal Philippines’ into the
following: (a) exclusive responsibility of the federal government; (b) exclusive responsibility of the
regional governments; and (c) shared responsibility between the two levels of government.
Specific:
(1) To solicit and analyze the preferences and views of ‘experts’/informed advocates from concerned
stakeholder groups at the national level, as well as relevant stakeholder representatives at
the regional level, regarding the federal-regional delineation of responsibilities on labor and
employment governance.
(2) To provide concerned policy/decision-makers with a menu of options and guiding principles for
an ideal labor and employment governance set-up in a ‘Federal Philippines’
SCOPE AND APPROACH
This working paper focuses on the intergovernmental relations facet of governance and administrative
aspect of federalism. It deals with the demarcation of responsibilities between two tiers of government
(i.e., federal and regional governments) regarding areas of concern and functional assignment in
relation to the administrative set-up in policy implementation, program administration, and service
delivery for the labor and employment sector. It does not cover the fiscal side of federalism (i.e., source
of funding, tax collection, and revenue sharing) which, although integrally related to the administrative
set-up, deserves attention on its own in a separate research.
Likewise, the study is anticipatory (i.e., “if and when”) in nature—an underlying assumption is that we
are actually transitioning to a federal system of government. As such, it does not delve into the wide1 In the ILS iGov Talks event entitled “Federal Philippines: Concepts, Issues, and Policy Implications” held on 22 February 2018, DILG Assistant Secretary Jonathan
E. Malaya discussed the PDP Laban Model of Philippine Federalism. Before ending his presentation, Asec. Malaya encouraged DOLE to help them situate labor and
employment governance in the context of separation of powers between the federal government and its constituent units.
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Villanueva: Labor and employment governance in a ‘Federal Philippines’: A PolicyDelphi-Survey Study
ranging debates surrounding federalism and the advocacy for its adoption in the Philippines, including
the merits and demerits of the specific model/s being proposed for the country.2 By extension, the
study adopts a conceptual approach and is guided by several assumptions. It characterizes the concept
of federalism, differentiates it from the current unitary system, and provides a working definition for
the term ‘Federal Philippines’. In essence, the working paper does not hinge on the assumptions and
nuances of any particular federalism model being proposed for the Philippines.
Furthermore, the study is an exploratory type of research that applies the principles of desirability and
necessity to answer the research question. Desirability relates to the preferences of relevant stakeholder
groups (subjective). Meanwhile, necessity is linked to guiding principles (objective)—subsidiarity,
economies of scale, efficiency, effectiveness, uniformity, flexibility, and social justice to name a few—in
relation to the ideal labor and employment governance set-up in a ‘Federal Philippines’.
Within the paradigm of participatory governance, stakeholder engagement/consultation is of
paramount importance in the success of any governmental initiative. Particularly in the context of
assignment of focal area and functions, Ferrazzi and Rohdewohld (2009, p. 13) aptly points out that
“to the extent that they (stakeholders) are brought into play, the resulting assignment has a greater
chance of being understood, accepted, and applied.” Thus, the data presented in the paper revolved
around the collation and analysis of the revealed preferences and views of pertinent stakeholder groups
on the subject matter. From the standpoint of public policy, decisionmakers ought to consider these
preferences. However, these preferences cannot and should not be the sole basis for decision making
on the matter. Such preferences need to be juxtaposed with objective guidelines for a better outcome.
Relevant concepts and principles to serve as guide in assigning functions are also humbly offered in
this working paper.
Lastly, the labor and employment sector we refer to in this study is limited to the sector composed of
32 specific areas clustered among six (6) domains, namely: employment (4/32); industrial and labor
relations (9/32); labor standards and working conditions (5/32); social protection for vulnerable
workers (4/32); migration and development (8/32); and research and advocacy (2/32).3 These areas
were identified by the researcher based on the Labor Code of the Philippines, mandates of the bureaus,
services, and attached agencies of DOLE, and international core labor standards.
2 For instance, PDP Laban Model; “Bayanihan Federalism” Model by the Consultative Committee to Review the 1987 Constitution; Pimentel Model; Abueva
Model.
3 Please see Annex 1 for the list of specific labor and employment areas examined in the study.
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Table 1. General (6) and specific (32) labor and employment areas
General labor and
employment area
Specific labor and employment area
Employment facilitation programs
Employment
Labor market information
Employment regulations (Private Employment Agencies, Alien Employment Program,
Green Jobs, etc.)
Regulation and supervision of the practice of professionals
Workers’ organization
Employers’ organization
Collective bargaining
Industrial and Labor
Relations
Grievance machineries
Dispute resolution (arbitration, conciliation, and mediation)
Strikes and lockouts
Tripartism policy
Security of Tenure (SOT) policy
Labor education
General labor standards (GLS)
Occupational safety and health standards (OSHS)
Labor Standards and Working Conditions
Wage concerns (minimum wage rates; payment of wages; wage studies, wage agreements,
and wage determination)
Productivity and gainsharing schemes concerns
Social welfare benefits (workers’ compensation, social insurance program, universal health
coverage)
Livelihood
Social Protection for Vulnerable Workers
Emergency Employment
Anti-child Labor Program
Programs for Vulnerable Workers (e.g. sugar workers, domestic workers, workers in the
informal economy)
Bilateral labor agreements (BLAs)
Free trade agreements (FTAs) with labor (services) provisions
Supervision of Philippine Overseas Labor Offices (POLOs)
Migration and Development
Regulation and supervision of overseas recruitment agencies
Overseas employment facilitation
Overseas workers’ welfare programs
Reintegration programs
Maritime training, assessment, and research
Research and Advocacy
66
Labor and employment policy research
Labor and employment policy advocacy
Villanueva: Labor and employment governance in a ‘Federal Philippines’: A PolicyDelphi-Survey Study
Significance of the Study
Table 2. Current governance set-up for the labor and employment sector:
Governmental Function
Government Tier
Policy and Standards
• Central Govt
Oversight/ Supervision
• Central Govt
• Subnational Govt
Provision/ Administration
• Subnational Govt
DOLE
• Central Office (via concerned
bureaus/ attached agencies)
• Central Office (via concerned
bureaus/ attached agencies)
• Regional Offices (ROs) & Field
Offices (FOs)
An illustration
Example
• Employment facilitation
programs
• Livelihood programs
• FOs
• Public Employment Service
Offices (PESOs)*
*Institutionally, PESOs are under the ambit of local government units (LGUs) and are not part of DOLE. However, they serve as
service delivery units of various DOLE programs and projects.
This research recognizes that the status quo governance set-up for the labor and employment sector—
in general—is shared: both central government and subnational government units are involved.
Logically, in the proposed division of powers by Prof. Eduardo Araral (2018), federalism expert and a
consultant of the Constitutional Commission to Review the 1987 Philippine Constitution, both federal
and regional governments are responsible for various governmental functions (i.e., policy-setting,
standards-setting, oversight, and provision/administration) concerning the labor and employment
sector. Such a proposal looks at the sector as a whole—the way recommendations were given for other
categories of government services such as international trade, defense and police, immigration, social
welfare, education, and health.
However, the labor and employment sector is vast. Generally speaking, it may be a shared responsibility.
But if we’re looking at federalism as the “strongest form of decentralization” (Hofmeister and Tayao,
2016), then there might be some particular labor and employment areas that policy/decision makers
may consider devolving completely to regional governments. This is where the value-added of the
working paper lies, as it looks at the possible governance set-up of labor and employment sector in
terms of specific area of concerns and various governmental functions—not just as a sector as a whole.
It endeavors to provide policy recommendations on possible governance set-up for each labor and
employment area (e.g., employment facilitation programs, wages, OSHS, GLS, BLAs). Likewise, the
study aims to lay down various factors to consider in assigning responsibilities between the federal
and regional governments in terms of focus area and governmental functions.
Working definition of key concepts
Throughout the whole working paper, several key concepts will be mentioned repeatedly. For proper
guidance on their meanings and the context with which they are used in the study, their working
definitions are specified below:
Table 3. Working Definitions in the study
Term
Working Definition
Federalism
A form of government where there is a constitutionally-specified distribution of powers and authority between a federal government and constituent units. This contrasts with a unitary system
of government where all governmental powers are vested in the national or central government,
as outlined in the constitution (Pearson, 2012).
Governance
This paper adopts a combined definition from the United Nations Development Programme
(UNDP, 1997) and World Bank (n.d.): governance as the exercise of administrative, political, and
economic authority through various institutions, processes, and traditions in managing a country’s
affairs at all levels.
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Labor and
employment
governance
By extension, the study defines ‘labor and employment governance’ as a term that pertains to the
exercise of administrative, political, and economic authority through various institutions—which
include policies, laws, regulations, norms, structures, processes, and mechanisms in managing the
labor and employment sector at all levels. This characterization is integrally related to the definition
of labor market governance (LMG) by Bitonio (2008).
Labor and
employment
governance set-up
This study concentrates on the administrative facet of governance. Hence, the term “labor and
employment governance set-up” or simply, “governance set-up” in the working paper relates to
whether a particular labor and employment area or a specific governmental function should be an
exclusive jurisdiction of the federal government, exclusive dominion of the regional government,
or shared responsibility of both tiers.
Federal Philippines
For the purpose of this study, a ‘Federal Philippines’ is characterized as a sovereign country composed of a Federal Government and several constituent units called Regional Governments.1 There
is a constitutionally-stipulated provision on their exclusive and concurrent/shared powers and
responsibilities. Regional Governments have their own Regional Assemblies that legislate policies
enforceable/applicable only within their respective jurisdictions. Most importantly, the so-called
“dual reporting system” for the regional civil service proposed by Araral (2018) is observed: although
top regional civil servants (i.e., regional labor secretaries) still coordinate with their national counterpart (i.e., federal labor secretary), they report directly to their regional governors.
Intergovernmental
relations (IGR)
This working paper adopts the definition by Phillimore (2013, p. 229): “the processes and institutions
through which governments within a political system interact. All countries, whether unitary or
federal, have IGR of some sort, provided they have more than one level of government.”
Governmental
functions
This working paper adopts the definition by Ferrazzi and Rohdewohld (2009, p. V): “a set of closely
related governmental activities of various scales, normally consisting of a substantive field and
implied or specified action relevant to that field (i.e., management activities).” The study focuses
on the management processes aspect of governmental functions, specifically on the following:
policy-making, standards-setting, oversight/supervision, and administration/provision.
Functional
assignment
This working paper adopts the definition by Ferrazzi and Rohdewohld (2009, p. V): “allocation
of governmental roles, functions, and tasks between levels of government in accordance with
prevailing modes of decentralization.”
Decentralization
This working paper adopts the United Nations Development Programme (1999, p. 2) definition:
“restructuring or reorganization of authority so that there is a system of co-responsibility between
institutions of governance at the central, regional and local levels according to the principle of
subsidiarity.”
Devolution
This working paper adopts the definition by Ferrazzi and Rohdewohld (2009, p. 3): “the transfer
of functions, requisite power and resources, to local government (including a council) that has
considerable discretion and is democratically accountable to its citizens.
Structure of the paper
The subsequent parts of the paper are structured as follows: Section II gives conceptual information
on federalism; Section III provides a cross-country comparison of labor and employment governance
in various federal countries based from available literature; Section IV elucidates the methodology
adopted to address the research question; Sections V and VI discuss the results of the study; and lastly,
Section VII outlines several recommendations and ways forward.
CONCEPTUAL INFORMATION
A. Federalism4
To say that the concept of federalism is complex is truly an understatement. As Burgess (2006) correctly
points out, federalism is multifaceted—it is political, constitutional, legal, economic, social, cultural,
ideological, and philosophical by its very nature. Nonetheless, federalism may simply be defined as a
form of government where there is a constitutionally-specified distribution of powers and authority
between a federal government and constituent units. The constitution is where the federal principle
is realized. It delineates the powers and functions of the federal government and constituent units—
what are their exclusive powers/functions and what are their shared/concurrent powers/functions.
4 This portion is adopted from the author’s discussion on the matter in a separate issue paper (Villanueva, 2018a)
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Villanueva: Labor and employment governance in a ‘Federal Philippines’: A PolicyDelphi-Survey Study
This contrasts with a unitary system of government where all governmental powers are vested in the
national or central government, as outlined in the constitution (Knuepling, 2016; Pearson, 2012).
The federal government is also called central, national, or union government, while the term
‘constituent unit’ is used interchangeably with ‘subnational unit/government’ as a general descriptor
for the more specific entities that come in a wide-array of names in various federal countries5, such
as ‘state’ (Malaysia, United States of America (USA), Australia), ‘region’ (Italy, Belgium), ‘province’
(Canada, South Africa, Argentina), ‘autonomous community’ (Spain), ‘Lander’ (Germany, Austria),
and ‘canton’ (Switzerland) (Bulmer, 2017).
At the heart of federalism is the principle of coexistence between self-rule and shared-rule. In a federal
system, the constitution specifically grants substantial autonomy to subnational units over particular
policy areas (self-rule), while also explicitly stating other areas where responsibilities are shared between
the central government and constituent units (shared rule). Essentially, federalism is grounded on
the acknowledged value of attaining unity in diversity through accommodation, preservation, and
promotion of distinct cultural identities within the ambit of a bigger political union. Thus, the term
‘federalism’ or ‘federal system’ pertains to this intricate system of shared rule and self-rule between a
national government and subnational units (Watts, 2001; Pearson, 2012).
Cross-country comparison of labor and employment governance in select federal countries
Although the literature on labor and employment governance in the context of federalism is generally
too few and far in between, the researcher still endeavored to collate existing relevant literature as
a starting point for this working paper, which is discussed in a prior study (Villanueva, 2018a). The
literature review revolved around the experiences of several well-known federal countries such as
Canada, USA, Germany, and Australia, in dealing with labor policies, education, training, active labor
market polices (ALMPs), and youth employment policies.
METHODOLOGY
A. Research Design
The study employed a mixed-method research design to come up with both quantitative and qualitative
data pertinent to the research question. On the one hand, a modified Policy Delphi technique was used
to solicit and analyze the views of ‘experts’/informed advocates from concerned stakeholder groups at
the national level regarding the federal-regional delineation of responsibilities on labor and employment
governance. On the other hand, a stakeholder perception survey was conducted to gather and examine
the perspectives of relevant stakeholder representatives at the regional level on the ideal functional
assignment for labor and employment sector in a federal set-up. Both descriptive quantitative data
(top choice/preferred governance set-up) and qualitative data (explanations/justifications offered)
emanated from these methodologies.
 Modified Policy Delphi
Given the dearth of related studies and literature dedicated to the research topic, the researcher deemed
it proper to make use of the Delphi method as an exploratory approach. Principally qualitative in nature,
the Delphi design is “uniquely applicable in areas where there is little prior research or where advantage
could be realized in the collective subjective judgment of experts” (Avella, 2016, p. 306). The method
is also used to sieve through complex topics filled with uncertainty (Zeng and Zhang, 2012)—hence,
the applicability with the multifaceted nature of federalism and labor and employment governance.
The Delphi method is a structured communication process for accumulating information, knowledge,
and opinions on certain issues/problems/topics from a pre-selected group of experts in an iterative
5 Currently, there are around 24 federal countries in the world which, taken together, constitute roughly 40 percent of the global population. The list includes the following: Argentina, Australia, Austria, Belgium, Bosnia and Herzegovina, Brazil, Canada, Ethiopia, Germany, India, Iraq, Malaysia, Mexico, Nepal, Nigeria, Pakistan,
Russia, South Africa, Spain, Sudan, Switzerland, United Arab Emirates, United States of America, and Venezuela (Forum of Federations, 2018).
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manner combined with feedback mechanism (Guglyuvatyy and Stoianoff, 2014; Lamichhane, 2014). In
Delphi technique, a group of experts is assembled without geographical considerations. They respond
to a number of ‘rounds’ involving their views and answers to a specific question or questions either
through pen-and-paper method or via e-mail. After each round, the members of the Delphi Panel
receive feedback of each participants’ responses, which they take into consideration in providing
their answers for the next iteration. Attaining consensus among the panel of experts by the end of
iterations is a primary objective. In practice, most Policy Delphi studies limit the rounds into three
or four iterations and gather a group of experts usually ranging from 10 to 100 members, depending
on stakeholder group interest (Avella, 2016; Turoff, 2002; Hsu and Sandford, 2007).
There are two (2) design characteristics that are indispensable in a Delphi method: anonymity and
feedback mechanism. On the one hand, participant anonymity paves the way to avoid modification
or changing of a panel member’s opinion/views based on professional agreements or differences in
a face-to-face group discussion set-up (Davidson, 2013). A pre-selected expert is not aware who
exactly are the other members of the Delphi panel. He or she does not know who said what in terms
of the responses to the question/s. As enunciated by Avella (2016), “averaging opinions of individuals
collected separately was often more accurate than opinions reached through face-to-face discussion,
and noting that dominant participants and groupthink limited the effectiveness of the face-to-face
group, keeping panel members isolated from each other allows each individual freedom of expression
without outside pressure or influence.” (p. 309). On the other hand, the feedback process facilitates
refinement of responses from participants. Panel deliberations start with one or more questions asked
for the experts to consider. Afterwards, the researcher collects and consolidates the experts’ responses
which he/she returns to the members of the panel in a series of iterations (i.e. ‘rounds’) until consensus is
achieved (Avella, 2016; Davidson, 2013). Particularly, the feedback mechanism “allows and encourages
the selected Delphi participants to reassess their initial judgments about the information provided in
previous iterations…based on their ability to review and assess the comments and feedback provided
by the other Delphi panelists.” (Hsu and Sandford, 2007, p. 2).
In a Conventional Delphi method, members of the panel initiate the possible alternatives with respect
to the research question/s. However, the process can be tweaked in a Modified Delphi technique
wherein “initial alternatives in response to the researcher’s questions are carefully selected before being
provided to the panel.” (Avella, 2016, p. 311). This modification was adopted in the study in that a
blank matrix with pre-determined labor and employment areas is already developed by the researcher
to be filled-out by the experts as to where they belong in terms of jurisdiction: federal government,
regional government, or both.
Depending on the purpose of the study, a Delphi technique can be classified into three (3): (1) Classical
Delphi (for forecasting); (2) Policy Delphi (used to generate potential resolutions to a policy issue based
on contrasting/different perspectives); (3) and Decision-Making Delphi (facilitates better decision
making) (Avella, 2016; Turoff, 2012). In keeping with the multi-stakeholder approach espoused by
DOLE in its governance paradigm, this working paper specifically adopted a (Modified) Policy Delphi.
As originally practiced, the Delphi method usually applies to technical topics and primarily endeavors
to establish consensus among groups of experts. However, the introduction of Policy Delphi embodied
a paradigm shift towards the generation of opposing views on how to address a policy issue—not
necessarily aiming to achieve consensus. This type of Delphi technique hinges on the premise that
the study’s objective is to gather an array of options and insights with supporting evidence from
various groups for the consideration of decision maker/s—not to generate decision itself. Essentially,
Policy Delphi brings to fore divergent positions advocated and key arguments both for and against
such positions (Turoff, 2002). In relation to this study, views of the following concerned stakeholder
groups were sought: (1) labor group; (2) employers’ group; (3) government (DOLE); and (4) academe.
Another slight deviation of the Policy Delphi from the original/conventional Delphi is that it allows
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Villanueva: Labor and employment governance in a ‘Federal Philippines’: A PolicyDelphi-Survey Study
for ‘selective anonymity’—experts respond to questions anonymously throughout the various rounds,
but may come together by the end of iterations to discuss further and try to establish consensus among
themselves (Guglyuvatyy and Stoianoff, 2014).
 Stakeholder Perception Survey
Generally speaking, a survey study offers a numeric or quantitative description of trends, opinions, and
attitudes of a given population by studying a sample of it (Creswell, 2014). Hence, such a particular
survey design stands as a potent data gathering technique in relation to the acuities of concerned
stakeholder groups across various Philippine regions. Meanwhile, the flexibility that a survey design
affords bodes well with the exploratory nature of the study. A survey design allows the use of a myriad
of methods in recruiting participants, collecting data, instrumentation, and analysis. It can adopt a
qualitative research approach (e.g. use of open-ended questions), quantitative research strategies
(e.g. use of questionnaires with numerically rated items), or both (i.e. mixed methods) (Ponto, 2015;
Creswell, 2014).
B. Data Gathering Technique: Application in the study
B.1. Modified Policy Delphi
Criteria for selection of Panel Members. Since panel members for a Policy Delphi exercise are deemed
experts or equivalently, informed advocates, there ought to be established criteria for their selection.
While there are no standard or basic criteria for all Delphi exercises, four (4) features almost always
arise among them that are considered by researchers in choosing potential Delphi respondents: (1)
individuals from groups that partake and/or are directly affected by the research topic (i.e., relevant
stakeholder groups); (2) individuals who, though not directly engaged in the sector of interest, may
offer valuable insights that may other be overlooked by those who belong to stakeholder groups that
directly partake in the sector; (2) those who occupy significant positions in various organizations
that engage actively (or have been engaged actively before) in the sector of interest; and (3) relevant
experience—those who have significant prior or continuing engagement with activities/ advocacies
pertinent to the research topic (see Avella, 2016; Guglyuvatyy & Stoianoff, 2014; Turoff, 2002). The
proponent considered all four (4) criteria which manifested in the selection process of the panel
members of the Policy Delphi component of this study:
Table 4. Criteria for selection of Panel Members
Criteria
Remarks
Selection of stakeholder
groups
In the spirit of upholding tripartism, three (3) stakeholder groups
naturally emerge as target participants for the study—both for the
Policy Delphi and in the survey. These are the labor/workers’ group,
management/employers’, and the government.
Inclusion of individuals
from non-traditional
stakeholder groups
For the Policy Delphi, however, the academe sector was included as
an additional stakeholder group to provide theoretical perspectives on
the interplay of governance, federalism, and the labor and employment
sector. As such, academicians/professors from relevant disciplines were
invited for the Policy Delphi component of the working paper: public
administration and governance; political science; labor and industrial
relations; and economics. Due to various reasons, economics professors
weren’t able to respond positively to the invitation. Hence, the panel
members representing the academe sector in this study are from the
first three (3) disciplines.
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Invitation based on
position
Within the tripartite partners, leaders/executives/senior officials of
organizations that actively take part in labor and employment matters
were given formal invitations to participate in the research as Policy
Delphi panel members. For the academe sector, deans/chairpersons,
as well as current and former Directors/officers-in-charge of research
units of colleges/ departments from the previously mentioned disciplines were invited.
Target number of Panel
Members
According to Avella (2016), Delphi panels are typically composed of
members between 10 to 100 individuals. Given the relative inexperience
of the researcher in handling Policy Delphi technique and considering
also the time constraints, the lower bound of this range was adopted.
Hence, the Panel Members for the Policy Delphi facet of the study
were composed of a total of 12 experts/informed advocates—three (3)
experts/informed advocates in each of the four (4) concerned stakeholder groups, namely: labor group, employers’ group, government,
and academe.
Gender dimension
In the interest of gender equality and sensitivity, a balanced female to
male ratio was considered in inviting potential members of the Policy
Delphi panel.
Rounds/iterations. Initially, the Policy Delphi exercise was set to have at most three (3) rounds only.
The first round will serve as the main data gathering round, the second round will provide an avenue
for possible revisions after each member was able to see the collated responses of all panel members,
and the 3rd round is a contingency round—if ever there is a need to revise the initial questionnaire
or develop a new one that will complement the results of the previous one. As it turned out, the need
to develop a second, complementary questionnaire was broached by the end of the second round.
Essentially, this relates to the feedback mechanism which is an inherent characteristic of Policy Delphi.
A proposal by one of the panel members is to specify the governmental functions (i.e., policy making,
standards setting, oversight/supervision, and provision/administration) by which the delineation of
responsibilities between the federal and regional governments should be drawn upon. Such revision
shed light on the detailed institutional mechanism involved in the shared responsibility set-up. Thus,
the Policy Delphi exercise for the study had a total of four (4) rounds: the first and third rounds as
the main data gathering rounds (for the general and specific aspects, respectively) and the second
and fourth rounds as the revision rounds.
Delphi Administration. Among the ILS Delphi Team, there was a focal person assigned to facilitate
individual communications among the panel members in each of the four (4) stakeholder groups.
Communication between the ILS Policy Delphi Team and the panel members was facilitated primarily
through electronic mail (e-mail). Depending on the urgency, some follow-ups and clarifications were
coursed through phone calls and text messages.
For the first round, panel members were asked to respond to an online questionnaire with the following
guide statement: “Under a federal system of government for the Philippines, please indicate whether
the following labor and employment areas/concerns should be (a) exclusive jurisdiction of the federal
government; (b) exclusive jurisdiction of the regional government; or (c) shared responsibility of
both federal and regional governments. Likewise, kindly provide a brief explanation of your choice
for each area.”
In the second round, the same questionnaire was provided to the experts along with the collated
responses of Delphi participants in the first round. At this stage, the members were asked to reassess
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Villanueva: Labor and employment governance in a ‘Federal Philippines’: A PolicyDelphi-Survey Study
their initial responses—taking into account the views expressed by the other experts. The same principle
applied in the fourth and final round.
In the third round, the same set of labor and employment areas was retained but the focus of the
question was specifically geared towards the assignment of governmental functions in each of the
area: “Under a federal system of government for the Philippines, please indicate whether the (a)
federal government, (b) regional government, or (c) both tiers of government should be responsible
for the following labor and employment areas/concerns in terms of: (1) policy; (2) standards; (3)
oversight/supervision; and (4) provision/administration.” As in the first round, spaces were provided
in the questionnaire for the explanations/justifications that the panel members will possibly offer. The
questionnaire was sent to the panel members via e-mail in two (2) formats: (1) editable MS Word file
with drop-down list and (2) pen-and-paper version.
Responding to the questionnaires: Status-quo approach vs. clean slate approach. Panel members
were given the leeway to respond to the questionnaires using two (2) approaches, which are labelled as
“status quo approach” and “clean slate approach”, respectively, in this working paper. The first approach
considers the current governance set-up (hence, the term “status quo”) in expressing their preferences:
the labor and employment sector, generally speaking, is a shared responsibility of the national and local
governments; responsibility for areas under migration and development is largely vested in the central
government; there are various international conventions and agreements on labor and employment
that the Philippines are signatory to and needs to comply with, among others. Palpably, this lens
requires meticulous consideration given all the factors that have to be accounted for. A more flexible
and convenient alternative is the “clean slate approach”. As defined in the Cambridge Dictionary, the
term “clean slate” is a “a state in which you are starting an activity or process again, not considering
what has happened in the past at all”. Hence, this approach allows respondents to assign responsibilities
between the federal and regional governments in terms of focus area and governmental functions in
the labor and employment sector without the limitations or constraints brought about by the current
set-up. They have more freedom to express their predilection for an ideal governance set-up.
Responding to the questionnaires: Consistency vs. mutual exclusivity. In the same vein that the
informed advocates were given the latitude to choose the approach within which they expressed their
preferred governance set-up, the choice of answering the two (2) questionnaires consistently or mutually
exclusive of one another was also left to their discretion. As mentioned earlier, the questionnaires
are basically the same, in that they both deal with the 32 identified labor and employment areas.
The only difference is on the aspect of assignment for these areas—the first questionnaire asks on
the preferred governance set-up for the area as a whole, while the second one inquires in terms of
specific governmental functions. If they chose to be consistent with their responses, then the answers
for the second questionnaire should follow the responses in the first one. For instance, if in the first
questionnaire they answered “exclusive responsibility of the regional government” on, let’s say, wage
concerns, then on the second questionnaire, their responses across the four (4) governmental functions
ought to be “exclusive responsibility of the regional government” all the way, as well. Alternatively,
respondents could simply answer questionnaire #2 unmindful of how their responded to questionnaire
#1, hence, treating them as mutually exclusive of each other.
Analysis. To determine the preferred governance set-up of experts/informed advocates, the frequency
of their choices (i.e., exclusive federal, exclusive regional, or shared responsibility) in each of the 32
labor and employment areas and across the four (4) governmental functions were tallied. The top
choice—the alternative with the highest number of selection—per item was deemed as the preferred
governance set-up of the panel members, by virtue of majority vote. This process essentially relates
to a descriptive quantitative analysis. Meanwhile, the explanations/justifications that they offered for
their choices were examined qualitatively through thematic analysis to come up with emerging themes
Philippine Journal of Labor Studies: Vol. I No. 2
73
that may guide policy/decision makers in diligently assigning areas of concern/functions in the labor
and employment sector once we transition to a federal system of government.
Consensus. Although establishing consensus among panel members is not a primary objective of the
study, the researcher paid close attention to responses that are deemed “consensus choices”—simply
because the panel members hail from different stakeholder groups and the study looks at their
preferences collectively as members of the Policy Delphi panel—rather than analyze per individual
group. For this working paper, consensus is reached when one alternative (either federal government
responsibility, regional government responsibility, or shared responsibility between the two government
tiers) possesses ≥70% of all responses in each item (labor and employment area).6 Otherwise, the
alternative with the highest number of votes among the three options is deemed as the majority choice
for each labor and employment area.
B.2. Stakeholder Perception Survey
Selection of survey participants. Target participants for the survey were selected through the
following process:
First Level: Stratified purposive sampling for the selection of regions
The 16 Philippine regions where DOLE has Regional Offices (ROs) were grouped into three (3) strata:
Luzon, Visayas, and Mindanao. The basis of grouping hinges on geographical location—where a region
is situated among the three island groups of the country. Within each stratum (i.e. island group), the
researcher purposefully selected two (2) regions—those with the highest and lowest Gross Regional
Domestic Product (GRDP) or essentially, regions with the greatest and least contribution to the
Philippine Gross Domestic Product (GDP) in 2017, respectively.7 These are the National Capital Region
(NCR) and Region IV-B (MIMAROPA) for Luzon, Region VII (Central Visayas) and Region VIII
(Eastern Visayas) for Visayas, and Region XI (Davao Region) and Region XIII (Caraga Administrative
Region) for Mindanao. Proponents of federalism for the Philippines (i.e. Malaya, 2018) argue that the
unitary system of government created an enormous imbalance in terms of economic development
among the various Philippine regions, and that such stark inequality may be addressed through a
transition to federalism (Araral, 2018). However, the impact of transitioning to a federal form of
government in spurring economic activities among low-growth areas and addressing inequality among
subnational government levels remain ambiguous (Punongbayan, 2018a; 2018b). Thus, conducting
stakeholder perception surveys in the selected regions augurs well with the objectives of the research
paper—assessing the preferences of relevant stakeholders in high-economic growth (from here on,
“high growth regions or HGRs”) and low-economic growth regions (from here on, “low growth regions
or LGRs”) in terms of labor and employment governance in a ‘Federal Philippines’.
Second Level: Purposive sampling for the choice of stakeholder groups as survey participants
Consistent with the stakeholder group affiliation of the Delphi panel of experts and in line with the
principle of tripartism, purposive sampling was observed in choosing the stakeholder groups that
will participate in the survey per region. Particularly, these are representatives from the following:
government, as well as workers’ and employers’ sectors. In the study, stakeholders representing the
government sector are employees/personnel/staff of the respective DOLE Regional Offices and
Field Offices who are involved in the supervision of DOLE programs and projects. Meanwhile, the
representatives of workers’ and employer’s groups are members of Regional Tripartite Industrial Peace
Councils (RTIPCs).
6 Avella (2016) cites that Delphi consensus usually ranges between 55% to 100% agreement, with 70% considered as the standard
7 2017 GRDP data based from the Philippine Statistics Authority (PSA, 2018); data excludes ARMM
74
Villanueva: Labor and employment governance in a ‘Federal Philippines’: A PolicyDelphi-Survey Study
Third Level: Quota sampling in each selected stakeholder groups for survey participants
Within each selected stakeholder groups, quota sampling was employed. The ideal number of
respondents in each stakeholder group is 10, for a total of 30 respondents in each region, 90 respondents
each for the high growth and low growth regions, respectively, and an overall total of 180 survey
participants. DOLE RO/FO employees were chosen by the concerned DOLE Regional Directors
(RDs)/ Technical Services and Support Division (TSSD) Chiefs based on the relevance of their areas
of concern to the study. Invitation for RTIPC members were coursed through the DOLE ROs.
Gender Dimension. To uphold gender sensitivity, the ILS letter for the concerned DOLE RDs politely
requested to allow five (5) males and five (5) females (i.e. 1:1 male-female ratio) from their office and
to consider gender parity as well in inviting RTIPC members to participate in the survey.
Survey administration. Unlike in the Policy Delphi, the stakeholder perception survey was
administered through a face-to-face communication—the research team conducted field surveys in the
six (6) selected regions. The surveys were conducted in coordination with the concerned DOLE ROs
which provided the venue for the activity in each region. The ILS research team was ably assisted by
focal persons from the said DOLE ROs. Before proceeding to the survey proper, the research proponent
provided an overview of the research paper via PowerPoint presentation and discussed the contents
of the two (2) survey questionnaires for proper guidance, as the pen-and-paper questionnaires are
self-administered. Editable MS Word file versions of the questionnaires were also sent to the DOLE
RO focal persons via e-mail, that were in turn, forwarded to RTIPC members who were not able to
participate in the field survey. The questionnaires used in the survey are the same with those given
to Policy Delphi panel members.
Responding to the questionnaires: Status-quo approach vs. clean slate approach and consistency
vs. mutual exclusivity. The same principle manifested in the Policy Delphi component applies in the
stakeholder perception survey.
Analysis. The analysis of results for the stakeholder perception survey is akin to that of the Policy
Delphi component—except that the results here are analyzed on a disaggregated level. Rather than
looking at the responses of all the survey participants as a whole, analysis focused on the disaggregated
data: preferences of representatives from each of the three (3) stakeholder groups among HGRs and
LGRs and preferences of representatives from tripartite partners (taken together) in each regional
cluster—again, as measured by the top choice in each group.
Results of the Policy Delphi and Stakeholder Perception Survey: Preferred governance set-up
A. Policy Delphi
A.1. Profile
Consistent with the criteria for selection, the 12 panel members emanate from organizations that
belong to the four (4) identified stakeholder groups. They occupy leadership positions in various
capacities. On the average, they have been part of their respective stakeholder groups for about 24
years, have been with their organizations for approximately 17 years, and have been occupying their
current positions for around 6 years. Gender parity was also observed in the selection of experts.
Although the ideal 1:1 female: male ratio wasn’t achieved, the turnout was close to it—five (5) out of
the 12 panel members are females, while seven (7) are males.
Philippine Journal of Labor Studies: Vol. I No. 2
75
Table 5. Policy Delphi Panel Members: Profile
Stakeholder
Group
Organization/
Affiliation
Workers’ Sector
Leaders/
officers from
national workers’
organizations
representing both
formal and informal
sectors with
membership across
the country
National President
Leaders/officers
from national
employers’/ business
organizations with
membership across
the country
Academicians/
professors from
the following
disciplines: Labor
and Industrial
Relations; Public
Administration and
Governance; and
Political Science
College Dean
Leaders/senior
officials from the
executive and
legislative branches
of the government
*
Employers’
Sector
Academe
Government
Position
Number of
years as part of
the stakeholder
group
Number of years
as part of the
organization
Number
of years in
the current
position
Mean = 36.3
Mean = 22.3
Mean = 8
Range = 30-43
Range = 10-43
Range = 6-10
*
Mean = 17.3
Mean = 12
Mean = 6.3
*
Range = 10-31
Range = 10-15
Range = 2-11
Mean = 24.3
Mean = 20.7
Mean = 7.0
Range = 20-27
Range = 11-32
Range = 2-13
Mean = 18.7
Mean = 14.7
Mean = 2.7
Range = 15-21
Range = 8-21
Range = 2-4
Mean = 24.2
Mean = 17.4
Mean = 6
Range = 10-43
Range = 10-43
Range = 2-13
Senior Vice
President
Vice President
*
Department Chair
Associate
Professor
Assistant
Secretary
Director
OVERALL
Note: Of paramount importance in the conduct of Policy Delphi Exercise is the observance of anonymity of participating
experts/ informed advocates and non-attribution of their responses. These principles are upheld in relation to the study.
* Opted not to have their respective positions mentioned in the profile
76
Villanueva: Labor and employment governance in a ‘Federal Philippines’: A PolicyDelphi-Survey Study
A.2. Response Rate
Table 6. Policy Delphi Panel Members: Response Rate
Round
1
2
3
4
Questionnaire Sections
No. of Panel Members
Response Rate (%)
Choice of governance set-up (Area of concern)
12
100%
Explanation for choice
6
50%
Overall insights and other inputs
7
58%
(Possible revisions on round 1 answers)
3
25%
Choice of governance set-up (governmental function)
10
83%
Explanation for choice
8
80%
(Possible revisions on round 3 answers)
-
-
Round 1. All 12 panel members responded to the online questionnaire in terms of their choice of
governance set-up (area of concern). Half of them (6 out of 12) offered explanations/justifications
for at least one (1) item, while seven (7) of the experts provided overall insights and other inputs.
Round 2. After receiving the collated responses of all panel members, three (3) out of the 12 informed
advocates decided to revise their initial answers. The rest opted to retain their first round responses.
Round 3. Due to various reasons, two (2) panel members weren’t able to participate in the third round.
Nonetheless, unlike in the first round where only half of those who responded gave explanations, all
but two (eight (8) out of 10) provided justifications for at least one item.
Round 4. None of the 12 panel members revised their third round responses.
A.3.1. Preferred governance set-up of labor and employment sector (Focus area)
Based from the first round results (in terms of area of concern), informed advocates seemingly
prefer to have a shared governance set-up for the labor and employment sector in a federal system of
government. Out of the 32 identified specific labor and employment areas, 24 areas were deemed as
responsibility of both tiers of government; particularly, all four (4) areas under social protection for
vulnerable workers, both items in research and advocacy, three (3) out of four (4) areas in employment,
eight (8) out of nine (9) items in industrial and labor relations, three (3) out of five (5) areas in labor
standards and working conditions, and half (four) of the items under migration and development.
Various reasons/justifications were offered by the panel of experts for the shared governance set-up
choice in each of the labor and employment area, but a combined statement for two (2) separate items
offered by Panel Member G captures the general sentiment/logic for such choice: “Shared responsibility
will ensure alignment and coordination without disregarding local situations and unique conditions.
(T)he common concerns should be addressed at the federal level, while issues unique to the regions
should be addressed at the regional level.”
Unsurprisingly, an exclusive federal government responsibility set-up was chosen for three (3) items
under migration and development that intricately relates to foreign relations. These are Bilateral Labor
Agreements (BLAs), Free Trade Agreements (FTAs) with labor (services) provisions, and supervision
of Philippine Overseas Labor Offices (POLOs). Again, a host of explanations were provided by the
experts, but two (2) of those justifications particularly sum up the intention for such a set-up: (1) “In
general, international treaties and agreements should fall under federal jurisdiction because of possible
adverse implications on the national interest.” (Panel Member B); and (2) “BLAs, FTAs and supervision
of POLOs require federal level action. They may involve commitment to treaties and foreign relations
and may have fiscal and financial implications for the whole government.” (Panel Member C).
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77
Quite interestingly, only one (1) out of the 32 labor and employment areas was favored by the informed
advocates to be a sole jurisdiction of the regional government in a federal set-up: productivity and
gainsharing schemes. Relevant explanations provided are as follows: (1) “These are best addressed by
local governments based on the dictates of local needs and conditions.” (Panel Member B); (2) “The
states/regions would be in a better position to handle this, and how to use this as a policy instrument
for economic promotion.” (Panel Member C); (3) “This can be devolved to regional governments.
However, consultation, cooperation, and joint federal and regional schemes should also be made
possible.” (Panel Member D); and (4) “Above and beyond minimum standards, we leave this to the
tender mercies of the regions, empowering them to give the just due for all the workers creating the
wealth within their respective jurisdictions. Also, this wealth-sharing is the best way for the regions
to incentivize their workers to produce goods and services of world-class.” (Panel Member F).
Consensus. Among the top choices of governance set-up across the 32 identified labor and employment
areas, it pays to look closely at the consensus picks to know at what particular areas the informed
advocates have the strongest agreements—given that they are from four (4) different stakeholder
groups. In the first round, consensus choices are as follows: all three (3) areas identified as exclusive
responsibility of the federal government (i.e., BLAs, FTAs, and supervision of POLOs) and nine (9)
out of the 24 items under the shared responsibility set-up, namely: Employment facilitation programs,
Labor market information, Labor education, Emergency Employment, Anti-child Labor Program,
Programs for Vulnerable Workers, Reintegration programs, Policy research, and Policy Advocacy.
Two (2) top choices. A total of four (4) items are deemed either as a shared responsibility or exclusive
jurisdiction of federal and regional governments, respectively. Based from the revealed preferences
of the panel members in the first round, dispute resolution can either be a shared responsibility or an
exclusive dominion of the regional governments. Meanwhile, the following areas have top choices of
either shared governance set-up or exclusive governance set-up for the federal government: regulation
and supervision of the practice of professionals; Occupational Safety and Health Standards (OSHS);
and regulation and supervision of overseas recruitment agencies.
A.3.2. Preferred governance set-up of labor and employment sector (Governmental function)
With respect to areas of concern, only three (3) items (all under migration and development) were
chosen by the panel members as exclusive responsibility of the federal government. However,
when asked in terms of governmental functions in the third round, all items under migration and
development, save for reintegration programs, were deemed as exclusive dominion of the federal
government by the informed advocates. Consistent with the first round results, the exclusive federal
government set-up was a consensus choice for BLAs, FTAs, and supervision of POLOs across all four
(4) governmental functions considered in the study. Consensus choices were observed in regulation
and supervision of overseas recruitment agencies and overseas employment facilitation with regards
to policy making and standards setting. Meanwhile, the area of productivity and gainsharing schemes
remained an exclusive regional government responsibility per the choice of the panel members. In
terms of those labor and employment areas deemed as responsibility of both federal and regional
governments, the emerging set-up are as follows: (1) sole federal government responsibility for
policy and standards and exclusive regional jurisdiction for oversight/supervision and provision/
administration; (2) sole federal government responsibility for policy and standards and shared
responsibility for oversight/supervision and provision/administration; and (3) shared responsibility
for all four (4) governmental functions.
78
Villanueva: Labor and employment governance in a ‘Federal Philippines’: A PolicyDelphi-Survey Study
B. Stakeholder Perception Survey
B.1. Survey Turnout
Table 7. Target vis-à-vis actual number of respondents
Total
Government
Labor
Management
Target
Actual
Actual/
Target
Target
Actual
Actual/
Target
Target
Actual
Actual/
Target
Target
Actual
Actual/
Target
HighGrowth
Regions
90
77
86%
30
37
123%
30
21
70%
30
19
63%
LowGrowth
Regions
90
88
98%
30
37
123%
30
23
77%
30
28
93%
TOTAL
180
165
92%
60
74
123%
60
44
73%
60
47
78%
Among the six (6) selected regions. A total of 165 individuals responded to the study’s survey among
the six (6) selected regions. This represents 92% of the total target of 180 respondents. It is important
to note that the distribution across the three (3) stakeholder groups is unbalanced—with only the
quota for government sector achieved, or actually, was even surpassed (actual=74 vs. target=60 for
123% turnout), while the turnout of respondents for both the labor (actual=44 vs. target=60 for 73%
turnout) and management sectors were not as ideal (actual=47 vs. target=60 for 78% turnout). Hence,
the author refrained from analyzing the results on an aggregate level since the combined responses will
obviously be dominated by answers from stakeholders representing the government sector. Instead,
analyses are presented per stakeholder group in three (3) layers/clusters: (1) across all the six (6)
regions; (2) among the high growth regions (NCR, Region VII, and Region XI); and (3) among the
low growth regions (MIMAROPA, Region VIII, and CARAGA).
High growth vis-à-vis low growth regions. There are more respondents from low growth regions
(actual=88 vs. target=90 for 98% turnout) compared with participants from high growth regions
(actual=77 vs. target=90 for 86% turnout). Per sector, the ideal number of participants (i.e. 30
individuals each stakeholder group) was almost achieved in the low growth regions cluster: 37 from
the government sector (123% turnout), 28 from the employers’ sector (93% turnout), and 23 from
the workers’ sector (77% turnout). Connecting this turnout with the high growth regions cluster, an
identical number of individuals responded from the government front (actual=37 vs. target=30 for
123% turnout), almost the same number of respondents from the labor sector (actual=21 vs. target=30
for 70% turnout), while a relatively low response rate was registered among the management sector
(actual=19 vs. target=30 for 63% turnout).
B.2. Profile
Gender dimension. Overall, the aim of gender parity among survey respondents was achieved, as
the female: male ratio among the 165 participants is almost 1: 1—48% of them are females (80/165),
while 52% are males (86/165). The trend is the same among high growth regions: 52% are females
(40/77) and 48% (37/77) are males. Meanwhile, the female: male ratio among low growth regions is
not as ideal but still close to the 50-50 target: 45% are females (40/88) while 55% are males (48/88).
However, within each sector and disaggregated further among HGRs and LGRs, there are turnouts
that are far from the 1:1 target ratio. For instance, survey respondents representing the labor sector
from HGRs are predominantly males (67% or 14/21)—only a third (33% or 7/21) are females.
Age dimension. In general, and even in terms of sectoral and regional disaggregation, most of the
survey participants are middle-aged adults, or those individuals who belong to the 36-55 years old
age group.
Philippine Journal of Labor Studies: Vol. I No. 2
79
B.3.1. Preference on governance set-up of labor and employment sector (Focus area)
 Sectoral Analysis
 Labor Sector (from HGRs vis-à-vis from LGRs)
Identical preference for governance set-up. Survey respondents from the labor sector, regardless
if they emanate from HGRs or from LGRs, prefer the governance set-up below for the labor and
employment sector in a ‘Federal Philippines’:
Preferred Governance set-up
Exclusive Regional
Labor and employment area/s
•
Regulation and supervision of
practice of professionals
•
Dispute resolution
•
Collective bargaining
•
Tripartism policy
•
Grievance machineries
•
Wage concerns
Exclusive Federal
•
GLS
•
Supervision of POLOs
Shared responsibility
•
LMI
•
Emergency Employment
•
Employment regulations
•
Policy research
•
OSHS
•
Policy advocacy
•
Livelihood
Dissimilar preference for governance set-up. For the rest of the labor and employment areas,
respondents representing the labor sector from HGRs have a different top choice compared to their
counterparts among the LGRs in terms of governance set-up preference:
Labor and Employment Areas
From LGRs (n=23)
Employment facilitation programs
Both
Regional
Workers’ organization
Both
Regional
Employers’ organization
Regional/Both
Regional
Strikes and lockouts
Regional/Both
Regional
Federal
Both
Security of Tenure (SOT) policy
Labor education
Productivity and gainsharing schemes
Social welfare benefits
Federal
Both
Regional/Both
Federal
Both
Federal
Federal
Both
Programs for Vulnerable Workers
Federal
Federal/Both
Bilateral labor agreements (BLAs)
Federal/Both
Both
Anti-child Labor Program
80
Labor Sector (N=44)
From HGRs (n=21)
FTAs with labor (services) provisions
Federal
Both
Regulation/supervision of overseas recruitment agencies
Federal
Federal/Both
Overseas employment facilitation
Federal
Both
Overseas workers’ welfare programs
Federal
Both
Reintegration programs
Federal
Both
Maritime training, assessment, and research
Federal
Both
Villanueva: Labor and employment governance in a ‘Federal Philippines’: A PolicyDelphi-Survey Study
 Management Sector (from HGRs vis-à-vis from LGRs)
Identical preference for governance set-up. Irrespective of the regional clusters (i.e., from HGR or
from LGRs), survey participants representing the management sector have the same top choice for
the relevant governance set-up, as seen below:
Preferred Governance set-up
Exclusive Regional
Labor and employment area/s
•
Workers’ organization
•
Dispute resolution
•
Employers’ organization
•
Strikes and lockouts
•
Collective bargaining
•
Wage concerns
•
Productivity and gainsharing
•
Grievance machineries
Exclusive Federal
•
(None)
Shared responsibility
•
Employment facilitation programs
•
GLS & OSHS
•
LMI
•
BLAs
•
Regulation and supervision of
practice of professional
•
FTAs with labor provisions
•
Policy research
•
Policy advocacy
Dissimilar preference for governance set-up. Although they share the same top choice of governance
set-up for some labor and employment areas, respondents from the management sector have varying
preferences per each area depending on what regional cluster they belong to:
Labor and Employment Areas
Management Sector (N=47)
From HGRs (n=19)
From LGRs (n=28)
Employment regulations
Regional
Both
Tripartism policy
Regional
Regional/Both
Security of Tenure (SOT) policy
Regional
Both
Labor education
Regional
Both
Social welfare benefits
Federal
Both
Livelihood
Both
Regional
Emergency Employment
Both
Both
Anti-child Labor Program
Both
Both
Programs for Vulnerable Workers
Both
Regional
Supervision of POLOs
Federal
Both
Regulation/supervision of overseas recruitment agencies
Federal
Both
Overseas employment facilitation
Federal
Both
Overseas workers’ welfare programs
Federal
Both
Reintegration programs
Federal
Both
Maritime training, assessment, and research
Federal
Both
Philippine Journal of Labor Studies: Vol. I No. 2
81
 Government Sector (from HGRs vis-à-vis from LGRs)
Identical preference for governance set-up. Whether from HGRs or from LGRs, survey participants
from the government sector prefer the pertinent governance set-up, as shown hereunder:
Preferred Governance set-up
Exclusive Regional
Exclusive Federal
Shared responsibility
Labor and employment area/s
•
Employment facilitation programs
•
Strikes and lockouts
•
Employment regulations
•
Labor education
•
Workers’ organization
•
Wage concerns
•
Employers’ organization
•
Productivity and gainsharing
•
Collective bargaining
•
Livelihood
•
Grievance machineries
•
Emergency Employment
•
Dispute resolution
•
Programs for Vulnerable Workers
•
Supervision of POLOs
•
Overseas employment facilitation
•
Regulation and supervision of
overseas recruitment agencies
•
Overseas workers’ welfare programs
•
Regulation and supervision of
practice of professionals
•
GLS & OSHS
Dissimilar preference for governance set-up. Although they share the same top choice of governance
set-up for some labor and employment areas, respondents from the government sector have varying
preferences per each area depending on what regional cluster they belong to:
Labor and Employment Areas
From LGRs (n=37)
Labor market information
Both
Regional
Tripartism policy
Both
Regional
Security of Tenure (SOT) policy
Both
Regional
Social welfare benefits
Both
Regional
Anti-child Labor Program
82
Government Sector (N=74)
From HGRs (n=37)
Both
Regional
Bilateral labor agreements (BLAs)
Federal
Federal/Both
FTAs with labor (services) provisions
Federal
Federal/Both
Reintegration programs
Both
Both
Maritime training, assessment, and research
Both
Federal
Labor and employment policy research
Both
Regional
Labor and employment policy advocacy
Both
Regional
Villanueva: Labor and employment governance in a ‘Federal Philippines’: A PolicyDelphi-Survey Study
 Regional Cluster Analysis
 High growth regions
Identical preference (i.e., top choice) for governance set-up across all three (3) stakeholder groups.
Survey participants from HGRs, irrespective of sectoral affiliation, favor the relevant governance
set-up as shown below:
Preferred Governance set-up
Exclusive Regional
Exclusive Federal
Shared responsibility
Labor and employment area/s
•
Collective bargaining
•
Dispute resolution
•
Grievance machineries
•
Wage concerns
•
Supervision of POLOs
•
•
Regulation and supervision of overseas recruitment agencies
Overseas employment
facilitation
•
Overseas workers’ welfare
programs
•
LMI
•
Policy research
•
OSHS
•
Policy advocacy
Same top choice for governance set-up for two (2) out of the three (3) sectors. In more than half
(17) of the 32 specific labor and employment areas, at least two (2) out of the three (3) sectors have
the same top choice of governance set-up:
High Growth Regions (N=77)
Labor and Employment Areas
LABOR
(n=21)
MANAGEMENT
(n=19)
GOVERNMENT
(n=37)
Employment facilitation programs
Both
Both
Regional
Employment regulations
Both
Regional
Regional
Regulation/supervision of practice of professionals
Workers’ organization
Regional
Both
Both
Both
Regional
Regional
Employers’ organization
Regional/Both
Regional
Regional
Strikes and lockouts
Regional/Both
Regional
Regional
Tripartism policy
Regional
Regional
Both
Labor education
Federal
Regional
Regional
General labor standards (GLS)
Federal
Both
Both
Productivity and gainsharing schemes
Regional
Regional
Social welfare benefits
Regional/Both
Both
Federal
Both
Livelihood
Both
Both
Regional
Emergency Employment
Both
Both
Regional
Anti-child Labor Program
Federal
Both
Both
FTAs with labor (services) provisions
Federal
Both
Federal
Reintegration programs
Federal
Federal
Both
Maritime training, assessment, and research
Federal
Federal
Both
Philippine Journal of Labor Studies: Vol. I No. 2
83
Dissimilar preference for governance set-up. As can be deduced from the previous tables presented
for HGRs, either all or at least two (2) out of the three (3) stakeholder groups in this regional cluster
share the same top choice of governance set-up for almost all (29) labor and employment areas.
For the remaining three (3) areas, survey respondents from the tripartite partners have divergent
preferences, as shown below:
High Growth Regions (N=77)
Labor and Employment Areas
LABOR
(n=21)
MANAGEMENT
(n=19)
GOVERNMENT
(n=37)
Federal
Regional
Both
Programs for Vulnerable Workers
Federal
Both
Regional
Bilateral labor agreements (BLAs)
Federal/Both
Both
Federal
Security of Tenure (SOT) policy
 Low growth regions
Identical preference (i.e., top choice) for governance set-up across all three (3) stakeholder groups.
Regardless of stakeholder group, survey respondents who hail from LGRs prefer the particular
governance set-up presented hereunder for nine (9) labor and employment areas:
Preferred Governance set-up
Exclusive Regional
Shared responsibility
Labor and employment area/s
•
Workers’ organization
•
Dispute resolution
•
Employers’ organization
•
Strikes and lockouts
•
Collective bargaining
•
Wage concerns
•
Grievance machineries
•
OSHS
•
Reintegration programs
Same top choice for governance set-up for two (2) out of the three (3) sectors. However, for the
majority of the specific labor and employment areas (21), the same top choice of governance set-up
was recorded for at least two (2) sectors among the tripartite partners in LGRs:
Low Growth Regions (N=88)
Labor and Employment Areas
Employment facilitation programs
Labor market information
Employment regulations
MANAGEMENT
(n=28)
GOVERNMENT
(n=37)
Regional
Both
Regional
Both
Both
Regional
Both
Both
Regional
Regulation/supervision of practice of professionals
Regional
Both
Both
Tripartism policy
Regional
Regional/Both
Regional
Both
Both
Regional
Security of Tenure (SOT) policy
Labor education
84
LABOR
(n=23)
Both
Both
Regional
General labor standards (GLS)
Federal
Both
Both
Productivity and gainsharing schemes
Federal
Regional
Regional
Livelihood
Both
Regional
Regional
Emergency Employment
Both
Both
Regional
Anti-child Labor Program
Both
Both
Regional
Programs for Vulnerable Workers
Federal/Both
Regional
Regional
Bilateral labor agreements (BLAs)
Both
Both
Federal/Both
Villanueva: Labor and employment governance in a ‘Federal Philippines’: A PolicyDelphi-Survey Study
FTAs with labor (services) provisions
Supervision of POLOs
Both
Both
Federal/Both
Federal
Both
Federal
Overseas employment facilitation
Both
Both
Federal
Overseas workers’ welfare programs
Both
Both
Federal
Maritime training, assessment, and research
Both
Both
Federal
Labor and employment policy research
Both
Both
Regional
Labor and employment policy advocacy
Both
Both
Regional
Dissimilar preference for governance set-up. For the remaining two (2) labor and employment areas,
the three (3) sectors have different top choices:
Low Growth Regions (N=88)
Labor and Employment Areas
Social welfare benefits
Regulation and supervision of overseas
recruitment agencies
LABOR
(n=23)
LABOR
(n=23)
LABOR
(n=23)
Federal
Both
Regional
Federal/Both
Both
Federal
B.3.2. Preference on governance set-up of labor and employment areas (Governmental functions)
When asked in terms of governmental functions, the preferred governance set-up of survey
respondents from tripartite partners among both high growth and low growth regions
changed for several labor and employment areas. There are those that were previously
deemed as either exclusive federal or exclusive regional government responsibilities that
became shared responsibilities between the two levels of government and vice-versa (i.e. from
shared responsibility to either exclusive federal or exclusive regional government domain).
Still, there are areas that, when asked in the general sense (i.e. considering all factors, should
a particular labor and employment area be exclusive federal, exclusive regional, or shared
responsibility?), survey participants had two (2) top choices out of the three (3) governance
set-up (i.e. federal/shared; regional/shared). Preference for some of these areas became
more vivid when the regional stakeholders were asked specifically on the delineation of
responsibilities with respect to governmental functions. In short, the tie for the top choice
of governance set-up was broken—the preference became either exclusive federal, exclusive
regional, or shared responsibility. The changes in preferences across all three (3) stakeholder
groups from HGRs and LGRs are summarized in the succeeding tables.
Philippine Journal of Labor Studies: Vol. I No. 2
85
 Labor Sector (from high growth regions)
Preferred governance set-up
Area of Concern
Govt. Functions
Federal
Shared
Labor and employment areas
• SOT policy
• Overseas employment facilitation
• Labor education
• Overseas workers’ welfare programs
• GLS
• Anti-child Labor Program
• Programs for Vulnerable Workers
• Reintegration programs
• Maritime training, assessment,
and research
• FTAs with labor provisions
• Regulation and supervision of
overseas recruitment agencies
• Regulation/supervision of practice of professionals
• Dispute resolution
Regio0nal
• Workers’ organization
• Livelihood
Regional
• Employers’ organization
• Productivity and gainsharing
scheme
Regional
Sha0red
Shared
Regional/Shared
• Strikes and lockouts
 Labor Sector (from low growth regions)
Preferred governance set-up
Area of Concern
Govt. Functions
Federal
Shared
Regional
Shared
Labor and employment areas
• GLS
•
Supervision of POLOs
• Employment facilitation programs
•
Dispute resolution
• Regulation and supervision of
practice of professionals
•
Strikes and lockouts
•
Tripartism policy
• Productivity & gainsharing
• Workers’ organization
86
•
Wage concerns
• FTAs with labor provisions
•
policy research
• Overseas employment facilitation
•
policy advocacy
Shared
Federal
0Federal/Shared
Federal
• Regulation and supervision of overseas recruitment agencies
Federal/Shared
Shared
• Programs for Vulnerable Workers
Villanueva: Labor and employment governance in a ‘Federal Philippines’: A PolicyDelphi-Survey Study
 Management Sector (from high growth regions)
Preferred governance set-up
Area of Concern
Govt. Functions
Federal
Shared
Labor and employment areas
• Social welfare benefits
• Reintegration programs
• Overseas employment facilitation
Regional
Shared
• Employment regulations
• SOT
• Strikes and lockouts
• Labor education
• Tripartism policy
Shared
Federal
• FTAs w/ labor provisions
Shared
Regional
• Livelihood
 Management Sector (from low growth regions)
Preferred governance set-up
Area of Concern
Govt. Functions
Shared
Regional
Labor and employment areas
• Emergency Employment
• Anti-child Labor
Program
 Government Sector (from high growth regions)
Preferred governance set-up
Labor and employment areas
Area of Concern
Govt. Functions
Federal
Shared
• Overseas employment facilitation
• Overseas workers’
welfare programs
Regional
Shared
• Employment facilitation programs
• Dispute resolution
• Employment regulations
• Labor education
• Workers’ organization
• Productivity and
gainsharing
• Employers’ organization

• Programs for Vulnerable
Workers
Government Sector (from low growth regions)
Preferred governance set-up
Area of Concern
Govt. Functions
Federal
Shared
Regional
Shared
Labor and employment areas
• Regulation/supervision of overseas
recruitment agencies
• Overseas workers’
welfare programs
• Overseas employment facilitation
• Maritime training, assessment, and research
• LMI
• Anti-child Labor
Program
• Strikes and lockouts
• Social welfare benefits
Federal/Shared
Federal
• policy research
• policy advocacy
• FTAs with labor provisions
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87
Results of the Policy Delphi and Stakeholder Perception Survey: Emerging Themes
As explained in the methodology portion, the analysis of emerging themes is anchored on concepts,
ideas, and principles related to objective factors or principles that policy and decision makers ought to
look into for the assignment of responsibility between the federal and regional governments—in terms
of area of concern and with respect to specific governmental functions. Based from these concepts, five
(5) overarching themes emerged: (1) good governance principles, (2) intergovernmental relations, (3)
economic considerations, (4) political considerations, and (5) implications (i.e., issues and concerns)
of focus area/functional assignment.
Figure 1. Emerging themes derived from explanations of experts and regional stakeholders
Good governance principles
Good governance is a widely-used term in the development literature albeit without an overarching
definition—many scholars and different multilateral development institutions offer various
characterizations of the concept (Gisselquist, 2009; Dam, 2001). Nonetheless, it may be characterized
as the type of governance that espouses meaningful and inclusive political participation, sound
public sector management, and effective political framework conducive to development (United
Nations Development Programme (UNDP), 2011; UN Economic and Social Council (UN ECOSOC),
2006). The Council of Europe (2018) and UNDP (1997, as cited in Graham, Amos, & Plumptre, 2003)
offer 12 and five (5) principles of good governance, respectively. For the study, these two (2) sets of
principles were merged to come up with eight (8) primary good governance principles with various
sub-principles where the extracted concepts from the respondent’s explanations can fit into.
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Villanueva: Labor and employment governance in a ‘Federal Philippines’: A PolicyDelphi-Survey Study
Figure 2. Concepts under the theme of good governance
Note: Excluding the theme itself (good governance principles), items in normal boldface are
concepts explicitly stated by respondents in their explanations. Those in italicized boldface
are concepts that represent the main idea of what is seemingly the same thought but were
expressed differently in various justifications.
Intergovernmental relations
Within the intergovernmental relations paradigm, the principle of subsidiarity that was mentioned by
at least two Policy Delphi panel members (from academe and labor sector) is arguably the single most
important concept relevant to assignment of functions/focus area. According to this principle, public
responsibilities ought to be carried out by authorities closest to the people (Ferrazzi and Rohdewohld,
2009). It calls for governmental concerns to be addressed via bottom up approach, rather than top
down—only when subnational government units prove ineffective in a particular responsibility should
the central government become involved. Literally meaning “to ‘seat’ (‘sid’) a service down (‘sub’) as
close to the need for that service as is feasible,” subsidiarity embodies the rationale for decentralization
(Ryan, 2011, p. 60; Ferrazzi and Rohdewohld, 2009, Vischer, 2001). Other important concepts under
the ambit of intergovernmental relations are as follows: coordination (administrative and economic)
and consultation between the federal and regional governments in the implementation of different
programs and projects; local access and higher government level recourse (particularly with respect
to dispute resolutions and grievance machineries); the need for equalization schemes and national/
central government aids for various regional governments in consideration of parity in regional
growth and development; and adoption of best practices between and among regional governments.
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Figure 3. Concepts under the theme of intergovernmental relations
Economic considerations
One of the primary motivations for the transition to a federal system of government is to spur
competition between and among different constituent units in a country—given their relatively
higher degree of self-governance in a federal system compared with a unitary set-up. Everything else
held constant, the presence of competition redounds to higher quantity and/or quality of goods and
services at lower prices in a market economy. In relation to the labor and employment sector, the
assignment of responsibilities between the federal and regional governments may be done in such a
way that it will reinforce or promote competition among businesses in various regions. Alternatively,
the concept of competition may be applied to the different regional governments in terms of best
practices in service delivery/provision and program administration relevant to labor and employment.
As Panel Member B aptly puts it: “regional governments should compete to provide the best labor
and employment incentives to workers and employers.”
Another economic concept mentioned in the explanations that inextricably relates to competition is
comparative advantage. Most often associated with trade theory, comparative advantage holds that
“each country (individual) will benefit if it specializes in the production and export (selling) of those
goods that it can produce at relatively low cost. Conversely, each country (individual) will benefit if
it imports (buys) those goods which it produces at relatively high cost.” (Samuelson and Nordaus,
2010, p. 342) Specifically, the cost cited here relates to the idea of opportunity cost—the economic cost
when we’re dealing with production particularly, or the forgone value of the next best alternative/s
due to a decision made, if generally speaking (Samuelson & Nordaus, 2010; Ehrenber & Smith, 2017).
Relative to the need for competition among regions, Panel Member C shares that “from an economic
competition perspective, states and regions must be able to craft employment programs that maximize
their comparative advantages and exploit unique skills market in their areas.”
Meanwhile, the concept of economies of scale was cited by one of the experts in relation to cost
effectiveness. Panel Member D argues: “Matching and placement could be made a shared responsibility.
For reasons of economies of scale, such as for example the Philjobnet and similar online facilities, this
would be more cost effective at national level. However, similar Regional Government facilities may
negotiate with their national counterparts to regionalize certain aspects of the facility, including the
cost of such facility.” In economic parlance, economies of scale (or increasing returns to scale) arise
“when an increase in all inputs leads to a more-than-proportional increase in the level of output” or
alternatively, when the average cost goes down as more units are produced (Samuelson & Nordaus,
2010, p. 111; Ehrenber & Smith, 2017).
The other three concepts—administrative cost, transactions cost, and labor mobility—were mentioned
in relation to the potential benefits and risks of a federal system of government. On the one hand,
administrative and transactions cost relate to the perceived benefit of a federal set-up: local access
to governmental documents and processes (that are previously only available at the national level)
lessens cost on the part of the citizens. On the other hand, labor mobility can be a concern in a federal
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Villanueva: Labor and employment governance in a ‘Federal Philippines’: A PolicyDelphi-Survey Study
set-up where policies and standards on various labor and employment areas might differ from one
constituent unit to another. As Panel Member G notes, “mobility of workers across various regional
territories require a national policy to ensure consistency, uniformity, and coherence in practice and
implementation.”
Figure 4. Concepts under the theme of economic considerations
Political considerations
Aside from economic considerations, political considerations also arose among the different
explanations offered by the respondents. Many respondents emphasize that if a particular labor and
employment area or concern is vested with national interest, if it involves national security, foreign
relations/policy/affairs, and compliance with international standards, it should be within the purview
of the federal government. Conversely, if the concern is confined within the regional or local context,
then the regional government ought to take responsibility.
Figure 5. Concepts under the theme of political considerations
Implications (issues and concerns)
Although federalism may be viewed as a strong form of decentralization that brings governance closer to
the people, respondents from both the Policy Delphi and survey pointed out several possible issues and
concerns that may arise in a set-up where constituent units are given higher degree of self-governance.
On top of the list is the so-called “race to the bottom”. As applied in the labor and employment sector
in the context of federalism, this entails the lowering of labor standards and compromising working
conditions by various regional governments to attract businesses/investments in their respective
jurisdictions. Klevorick (1996, p. 176) maintains: “A concern frequently expressed in policy discussions
of both federalism and international trade is that the decentralized units—states (constituent units) in
the first case, countries in the latter—will engage in interdependent behavior that will be detrimental
to all. (L)eft to choose their own individual policies without external constraints, the separate entities
will engage in a race to the bottom.” Providing more context to his claim, Klevorick (1996, p. 177)
further notes: “to attract mobile resources, especially firms, governments will choose policies—for
example, environmental standards, occupational health and safety standards, (and) competition
policies—that entail suboptimal requirements and afford their citizens too little protection—whether
from environmental hazards, unsafe or unhealthy working conditions, or cartel behavior. The idea
is that to render its country a hospitable location for business, a government would establish lax
standards to be imposed upon those it wishes to draw. In short, they will race to the bottom of the
domain of standards.”
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There is also the concern on local repression—the possibility of political capture at the local level given
the concentration of political power owing to the self-rule principle in federalism. Lastly, uniformity
or consistency in the observance/implementation of standards across the country is a primary concern
should some of the labor and employment areas be deemed as exclusive responsibility of regional
governments.
Figure 6. Concepts under the theme of implications (issues and concerns)
RECOMMENDATIONS
A. For policy/decision makers
The end goal of this working paper is to outline an ideal labor and employment governance set-up
in a ‘Federal Philippines’—drawing from the perspectives and preferences of various stakeholders to
delineate responsibilities between the federal government and regional governments in terms of focus
area and specific governmental functions. As such, the researcher does not leave out any possible
option that emanated from the research paper. Instead, all alternatives preferred by the respondents,
whether from experts/informed advocates or from representatives of tripartite partners in select
regions, are hereby recommended to be considered by policy/decision makers—subject to their due
diligence and proper discernment.
Moreover, due to the complexity of the results, particularly those coming from the survey, the
recommendations bank on a “status quo approach” where the focus is on identifying labor and
employment areas that can possibly be devolved completely to regional governments.

Preference of informed advocates/experts:8
Governance set-up
Labor and Employment Area
Exclusive Regional
• Productivity and Gainsharing Schemes
Exclusive Federal
• Labor and employment areas under migration and development, save for
reintegration program which can be a shared responsibility with greater
localization.
Shared Responsibility
• All other labor and employment areas
On the one hand, policy/decision makers can adopt, fully or partially, the preference of Policy Delphi
panel members. As can be gleaned from the table above, the preference of informed advocates does
not deviate much from the existing governance set-up for the labor and employment sector: most
of the focal areas are shared responsibility between the federal and regional governments and areas
under migration and development are generally within the ambit of the central government. Only
productivity and gainsharing schemes is considered by the experts to be an exclusive jurisdiction
of the regional governments. Hence, concerned government officials can look into the feasibility of
completely devolving the aforesaid area to regional governments in a federal system.
8
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Based from results on the preference of experts on specific labor and employment areas across governmental functions
Villanueva: Labor and employment governance in a ‘Federal Philippines’: A PolicyDelphi-Survey Study

Preference of representatives from regional tripartite partners:9
Governance Set-up
Labor and Employment Area
•
Exclusive Regional
Shared/Exclusive Federal
•
•
•
•
•
•
•
•
Employment facilitation programs
Employment regulations
Workers’ organization
Employers’ organization
Collective bargaining
Grievance machineries
Dispute resolution
Strikes and lockouts
Tripartism policy
•
•
•
•
•
•
•
•
Labor education
OSHS
Wage concerns
Productivity & gainsharing
Livelihood
Emergency Employment
Anti-child Labor Program
Programs for Vulnerable
Workers
All other labor and employment areas
On the other hand, policy/decision makers may consider the preferred governance set-up of
representatives from tripartite partners in select high growth and low growth regions. Aside from
productivity and gainsharing scheme, which was deemed as an exclusive regional government
responsibility by the Policy Delphi panel members, there were 16 other labor and employment
areas that survey respondents from tripartite partners prefer to be exclusive jurisdiction of regional
governments. All in all, more than half (53.12%) of the 32 labor and employment areas explored in
this paper are preferred by select regional stakeholders to be exclusive domain of constituent units. The
17 specific areas come from four (4) out of the six (6) main labor and employment domains, namely:
Employment (2/4), Industrial and Labor Relations (8/9), Labor Standards and Working Conditions
(3/5), and Social Protection for Vulnerable Workers (4/4). Same with the summarized preferences of
Policy Delphi panel member, government officials may explore the possibility of completely assigning
exclusive responsibility on the 17 labor and employment areas to regional governments in a federal
set-up.
9
Based from results on the preference of survey respondents on specific labor and employment areas across governmental functions; preference on exclusive
regional government responsibility is top choice in at least one (1) stakeholder group in either the HGRs or LGRs.
Philippine Journal of Labor Studies: Vol. I No. 2
93

Recommendations on several specific labor and employment areas
Aside from considering the preferences of experts and regional stakeholder as is, the researcher humbly
offers some recommendations for several specific labor and employment areas:
L & E Area
Employment Facilitation
Recommendations
• Retain shared governance set-up but make way for greater flexibility for
differences in local contexts and needs.
Reintegration Programs
Research & Advocacy
 Consider having ILS regional counterparts.
• In explaining his/her preference for a shared governance set-up for labor and
employment policy research and advocacy, Panel Member B contends: “Since
there are federal and local labor and employment policies, policy research
(and advocacy) should be the responsibility at both federal and regional
levels of government.”
• However, in the current scenario, policy research and advocacy for the
sector is only lodged at the national level—particularly at the Institute for
Labor Studies (ILS). Hence, it pays to have ILS regional counterparts which
can delve into researches relevant to the specific needs, peculiarities, and
demands within their respective regions while ILS can focus on studies that
are national in scope.
• Ideally, the proposal is to have ILS Regional Offices with allocated budget
and manpower complement. However, considering the feasibility of the
recommendation given government budget constraints, an alternative
proposal is to ensure that each DOLE Regional Office (RO) has its own
research and advocacy unit, at the very least. Therefore, a preliminary action
point is to have an inventory of DOLE ROs with research units. ILS can
provide technical assistance (i.e., in terms of conduct of policy researches)
to help improve the quality of studies produced by those existing DOLE RO
research units and guide DOLE ROs that are about to establish their own
research units.
Livelihood
Emergency Employment
• Consider the possibility (and implications) of completely devolving responsibility
to regional governments.
Programs for Vulnerable
Workers
BLAs
FTAs with labor (services)
provisions

• Provide for a mechanism for multi-stakeholder consultations across different
regions in negotiating BLAs and FTAs with labor (services) provisions; OR
• Consider the possibility of adopting Canada model (provinces enter into BLAs,
not federal government)
Stakeholders’ preferences vis-à-vis principles to observe for area/functional assignment
Lest we forget, this working paper also offers principles and concepts to observe when dealing with
area/functional assignment between the two (2) tiers of government. These principles and concepts
serve as guide in considering the preferences of stakeholders presented in the decision-making of
policy-makers—thus, contributing objectively to their proper discernment.
For instance, plainly following the principle of subsidiarity, most—if not all—labor and employment
areas ought to be devolved to the regional governments. However, there are other factors to consider,
for example, the concept of economies of scale. It may be good to bring governance closer to the people
in the context of empowerment, but we also have to take into account the cost of implementation—
we might actually forego the economies scale (therefore, lose out on cost-savings) present in the
implementation at the national level or through a shared governance scheme by having each regional
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Villanueva: Labor and employment governance in a ‘Federal Philippines’: A PolicyDelphi-Survey Study
government have their own individual systems. A relevant case is that of LMI.
We also have to take into account efficiency and effectiveness. In which governance set-up (i.e.,
exclusive federal, exclusive regional, or shared) will implementation and provision of a particular
labor and employment area be the most efficient? The most effective? Can we achieve both efficiency
and effectiveness in a specific governance set-up or is there a trade-off? If there’s a trade-off, what is
the second-best alternative?
Another aspect to look into is the promotion of competition among regional governments by assigning
several labor and employment areas as their exclusive domain, relative to the possible adverse
implication of race to the bottom and dissolution of social cohesion. In the case of areas within the
ambit of industrial and labor relations, as well as those under the domain of labor standards and
working conditions, an exclusive regional governance set-up will ideally spur competition among
constituent units—different policies on these areas among regions will either attract businesses or drive
them away. However, policy makers and concerned senior officials ought to be wary of the danger
of race to the bottom characterized by non-compliance to labor standards and inhumane working
conditions. Unhealthy competition among regions may also compromise our goal of social cohesion
within the country. According to the UN Department of Economic and Social Affairs (2012), social
cohesion is “the glue that holds society together.” It necessitates trust between and among people and
various institutions, and equality of opportunity for social and economic participation and to get
ahead. If regions fiercely compete with each other without looking for areas for possible cooperation,
then the key values of social cohesion—social inclusion, social capital, and social mobility—will be
compromised to the detriment of the whole country.
Not to be forgotten in this discourse are international labor standards to which the Philippines
conform to. These international conventions set limit on the degree of devolution that the Philippine
government may take in terms of several labor and employment areas. For example, the Philippines
has ratified conventions related to freedom of association and protection of the right to organize (ILO
Convention No. 87), right to organize and collective bargaining (ILO Convention No. 98), child labor
(ILO Convention No. 182), employment policy (ILO Convention No. 122), tripartite consultation
(ILO Convention No. 144), and protection of wages (ILO Convention No. 95), among others. The
Philippines ought to enforce the provisions in these conventions across all its regions. Thus, assigning
the relevant labor and employment areas as exclusive responsibility to regional governments—from
policy-making to provision/administration—may imperil uniform implementation within the country
as there is the possibility of some regions going against the tenets of such international agreements.
Lastly, at the heart of federalism is the recognition of cultural diversity and eccentricities of different
constituent units. In light of this, the concept of flexibility and the idea of localization within the
labor and employment sector arise. While these considerations may be applicable to certain areas
like employment facilitation programs and reintegration programs, they may not be ideal for others,
such as GLS and OSHS where we want to observe uniformity—consistent implementation across all
regions or constituent units within the country.
In sum, all concepts, ideas, and principles that fall under the five (5) emerging themes identified from
the explanations of experts and regional stakeholders ought to be taken into account in the assignment
of focal area/functions between the federal and regional governments—in relation to the labor and
employment sector in the context of federalism. As can be observed in the previous discussions, these
concepts and principles are intricately intertwined. Hence, they should not be considered as mutually
exclusive from one another, but rather, always in relation to each other.
Philippine Journal of Labor Studies: Vol. I No. 2
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B. For fellow researchers
Based from how this research panned out, the table below outlines the proposed recommendations
for further studies:
Concern
Recommendation
Policy Delphi Method
• Refine the processes and components; more panel members involved with
assurance of commitment from inception up to the final stage.
Stakeholder Perception Survey
• Aim to reach quota (sampling) of respondents; conduct in other regions
or better yet, all regions.
Labor & Employment Areas
• Develop a more thorough list
Shared governance within a particular
governmental function
• Further explore the sharing of responsibilities between federal and regional government if the preference is “both” for a particular government
function.
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Villanueva: Labor and employment governance in a ‘Federal Philippines’: A PolicyDelphi-Survey Study
Exploring the Case of Job Orders and Contract of Service Workers in the
Government
Ivan Cassidy F. Villena
ABSTRACT
The study focuses on exploring the different aspects surrounding the employment of job orders (JO) and
contract of service (COS) workers in the government, particularly on their working conditions including their
rights at work and present situation. Section II provides a brief overview of employment in the government.
In 2018, the public sector employs 2.5 million workers or 6.2 percent of the total employment (41.2 million
workers) in the Philippines. These workers are task to discharge services essential for the implementation of
policies, programs and projects of the government for the benefit of the public. Section III provides relevant law,
policies, and legislations relevant to employment in the public sector as well as governing JOs and COS working
arrangement. The Philippine Constitution enshrines security of tenure for both private and public workers. For
government workers, the Civil Service Commission is the central personnel agency, in which its issuances governs
the public sector workers. Section IV discusses the different issues and concerns of JO and COS workers based
on different studies. According to literature, the hiring of temporary workers has an impact on productivity
and job satisfaction. The results of the survey-interview with JO and COS workers are presented according
to themes based on the different aspects of employment in the government. These results were summarized in
Section VI of the study as follows: (1) while there are various motivations that drives an individual to work as
JO or COS worker, to be a regular employee is the main goal; (2) the lack of employee-employer relationship
with the hiring agency gives rise to lack of social protection making their access to social security programs
as self-initiatory (i.e. voluntary contribution); (3) while JO and COS workers are hired for a specific job and
period, their services are indispensable to their employer (agencies); and (4) JO and COS workers identify their
present employment status as “job order”, even if some of them are hired as contract of service workers; and (5)
there are identified gaps in the implementation of the present circular governing JOs and COS workers. Finally,
Section VII recommends measures to improve the present or future rules and regulations on the employment
of JOs and COS workers to secure a full and productive regular employment in the public sector and for the
promotion of their welfare (i.e. access to social security benefits).
Keywords: Contract of Service Workers, Job Orders, Social Justice, Self-determination
INTRODUCTION
One of the pressing labor issues confronting the country is the continued existence of job
contractualization. Not only in the private sector, contractualization in government service is also
present. There are government casuals, job-order workers, contractuals, project-based and fixed-term
employees and the so-called consultants who do not have any security of tenure. According to the
Civil Service Commission (CSC), based on July 2016 data, there are 592,1621 workers or almost onefourth of the 2.4 million workers in the bureaucracy are under fixed-term arrangement. Presumably,
this number is expected to rise, as the number of those eligible for career service increases every year.
In 2017, CSC released its rules and regulations governing job orders (JO) contract of service (COS)
workers in the government through Joint Circular No. 1 s. 2017 (or Circular). The Circular was signed
jointly with the Commission on Audit (COA) and the Department of Budget and Management (DBM)
clarifying the nature of COS and JO, while addressing the issue of lack of social protection benefits
and obscure accountability. However, Section 11.0 (Transitory Provisions) of the Circular has been
contested by debates because the renewal of existing contracts of JO and COS is until 31 December
2018 only. This means starting 2019, the Government is still allowed to hire JO and COS workers,
institutionally or individually, but now through private contractors or service providers, which, at
present, is governed by the Department of Labor and Employment’s (DOLE) rules and regulations
on contracting and subcontracting.
1 The figure includes Contract of Service workers.
Philippine Journal of Labor Studies: Vol. I No. 2
99
The Circular defines Job Order as to “piece work (pakyaw) or “intermittent or emergency jobs of short
duration and for a specific piece of work.” In consonance with the 2016 Revised Implementing Rules
and Regulations of Republic Act No. 9184, otherwise known as the Government Procurement Reform
Act, these workers are hired to render services not exceeding six (6) months, and being paid on a daily
or hourly basis. On the other hand, the Circular also defines Contract of Service as the “engagement
of the services of an individual, private firm, other government agency, non-governmental agency or
international organization as consultant, learning service provider or technical expert to undertake
special project or job within a specific period.” Moreover, “the term of contract between the agency
and the individual contractor shall have a maximum period of one (1) year, renewable at the option
of the Head of the procuring entity, but in no case, shall exceed the term of the latter.”
Prior to the Circular, there are pertinent laws, rules, and regulations governing JO and COS workers.
One of them is the Revised Omnibus Rules on Appointments and Personnel Actions. Rule XI, Section
2(a) states that contract of service “covers lump sum work or services such as janitorial, security, or
consultancy services where no employer-employee relationship exist”. On the other hand, Section 2(b)
of the same rule maintained that “job order covers piece of work or intermittent job of short duration
not exceeding six (6) months on a daily basis.”
These workers (JO and COS), unlike those who hold regular positions (plantilla), are not covered by
Civil Service laws including its rules and regulations. Because of their exemption in such laws and
policies, their services rendered to their employer, regardless of the number of years, are not credited
as government service. However, they perform functions intended to be discharged by regular workers
(by virtue of their appointment). This set-up is a deviation from the governing rules promulgated
by the CSC2. Nonetheless, they are strictly bound to adhere with the Code of Conduct and Ethical
Standards for Public Officials and Employees.
While there are many issuances governing JO and COS worker, the lack of security of tenure remains
a central issue, unlike their regular counterparts who have the mantle of protection guaranteed by
Law3. This said protection can be found in Section 3 of Article XIII of the 1987 Philippine Constitution
which states that, the “State shall afford full protection to labor, local and overseas, organized and
unorganized, and promote full employment and equality of employment opportunities for all.4 Since
this constitutional provision does not mention the type of employment arrangements are guaranteed
to be protected, it is presumed that this should be interpreted in its literal meaning, applying the verba
legis or the plain meaning rule in interpretation of statutes5.
Given these circumstances encompassing the situation of JO and COS workers, the study is deemed
significant to contribute to evidence-based policy in accordance with the constitutional provision of
the State of “providing full protection to labor” whether in the public or private sector. Likewise, the
study intends to recommend or propose possible interventions to improve the working conditions of
JO and COS workers engaged in various branches of the government and its instrumentalities. The
researcher believes that providing decent work is not just a mandate vested to a single entity, but it is
a collective responsibility of all branches of the government, in adherence to the principle of Social
Justice6. Hence, this study is undertaken to explore the employment of JO and COS in the government.
2 CSC Memorandum Circular No. 38 s. 1993.
3 Republic Act No. 6656, otherwise known as an Act to Protect the Security of Tenure of Civil Service Officers and Employees in the Implementation of Government
Reorganization
4 Lopez, et.al vs MWSS (G.R. No. 154472, June 30, 2005), the Supreme Court has used this time-honored principle mentioned in the preceding paragraph as its basis
of its decision to recognize the petitioners as regular employees of the respondent, a government owned and controlled corporation (GOCC). Also pronounced in this
case is the “repeated rehiring” which indicates the necessity and desirability of their services, wherein in the said case some of the petitioners have been employees of
the respondents for more than decade. To cut the story short, the Supreme Court emphasized the fact that protection to labor extends to all, including those in the
public sector.
5 Suarez, R. (2007). Statutory Construction. Rex Bookstore Publishing. Manila, Philippines
6 Calalang vs. Williams, G.R. No. 47800, December 2, 1940
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Villena: Exploring the Case of Job Orders and Contract of Service Workers in the Government
RESEARCH PROBLEM AND OBJECTIVES
Approximately, there are 600,000 JO and COS who are not considered as part of the government service.
Consequently, these workers are not afforded the rights and benefits compared to other government
personnel with an employer-employee relationship. Nevertheless, many still opted to be employed
under a JO and COS work arrangement.
Generally, the study seeks to explore the issues, concerns, and circumstances surrounding JO and
COS workers. Specifically, it aims to achieve the following objectives:
1.
To determine the factors that motivate people to apply or be employed as JO and COS
workers;
2.
To identify the issues, concerns, and challenges surrounding the implementation of rules
and regulations governing the employment of JO and COS; and
3.
To provide a comprehensive analysis in the legal and policy framework governing the
issuance of JO or COS workers and accordingly to recommend policy initiatives and
specific proposals (e.g. policy amendments or enactment of new laws) that will enhance
existing or future laws and issuances.
METHODOLOGY
Data gathering. Both primary and secondary data were used in this study. The researcher gathered
information from sources such as government websites, administrative data, and previous studies to
gain broad understanding of the research problem. To validate the initial review of existing literature,
a stakeholder’s forum was conducted to solicit inputs from social partners including the CSC which is
considered as the government’s central personnel agency. The forum also strengthened the operational
framework of the study and firmed up the questionnaire for the survey-interview.
After the review of existing literature and administrative data, a survey was conducted to JO and COS
workers and Human Resource Management Officers (HRMOs), who are all employed in the national
government agencies (NGAs). The researcher intentionally excluded respondents who are regular
employees and exercising control and supervision (i.e. Division Chief, Director) over the performance
of employees to be part of the survey, since the intention of the study is limited only on exploring the
present situation of JOs and COS workers. After the survey, focus group discussion and/or interviews
followed to discuss their answers.
Research sample and sites. The number of respondents and the regions were determined after
consultations and meetings with appropriate government agencies, through their representatives, which
has the jurisdiction over the affairs and performances of JO and COS workers in the government.
Selected public sector unions (PSUs) and non-governmental agencies (NGAs) also provided statistics/
information on agencies where there is large employment of JO and COS workers.
These data7 were then subjected to stratified random sampling with the following parameters: (1)
NGAs and regional counterparts are the top three (3) agencies with the most number of JO and COS
workers; and (2) the regions identified are those with the highest concentration of JO and COS workers.
Consequently, the survey was conducted in the following regions: (1) National Capital Region (NCR);
(2) Region III (Central Luzon); (3) Region IV-A (CALABARZON); (4) Region VI (Western Visayas);
(5) Region XI (Davao Region); and (6) Region XII (SOCCKSARGEN).
A total of 170 JO and COS workers employed in three (3) selected national government agencies
(NGAs) and one (1) constitutional commission were the study’s sample. Table 1 presents the
disaggregation of the total number of respondents by region and agency:
7 The data that served as the basis for the research sample are extracted from Civil Service Commission’s (CSC) Inventory of Government Human Resource System
database (www.ighrs.csc.gov.ph).
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101
Table 1. Number of Respondents by Region and Agency
Regions
Agency
NCR
III
IV-A
VI
XI
Total
XII
M
F
M
F
M
F
M
F
M
F
M
F
M
F
A
7
7
7
3
8
2
6
4
8
2
4
1
40
19
B
6
5
8
2
7
3
6
4
7
3
-
-
33
17
C
6
4
8
2
-
-
7
3
6
4
-
-
27
13
D
11
9
-
-
-
-
-
-
-
-
-
-
11
9
Sub total
30
25
23
7
15
5
19
11
21
9
4
1
112
58
Total
55
30
20
30
30
5
170
Research Instrument. The questionnaire (See Annex No. A) is designed specifically to be completed
without the intervention of the researcher in-charge while collecting the data. To effectively gather
information, the questionnaire will consist of questions carefully worded and constructed in accordance
with the research’s general and specific objectives.
The questionnaire is consisted of seven (7) parts, namely: (1) profile of the respondent; (2) driver,
aspirations, and motivations; (3) hiring and selection; (4) working conditions; (5) supervision and
management; (6) working relations and environment; and (7) policy recommendations.
Gender consideration. The researcher ensured that there is gender balance in the research sample. Series
of surveys with the JO and COS workers themselves using self-administered survey questionnaires
covering equal number of women and men respondents. However, because of circumstances which
are beyond the control of the researchers such as respondents’ time availability and workload, most
of the respondents who participated in the survey are male (66 percent).
Overview of Employment in the Public Sector
Government employees or “civil servants” are those class of workers who discharge services essential for
the implementation of policies, programs and projects of the government for the benefit of the public.
Essentially, government employees are employed in the division, subdivision, and instrumentalities
of the government (i.e. NGAs including the judiciary, legislative, and the constitutional commissions,
GOCCs).
In terms of functions, there are two classification of government employees. First are the “bureaucrats”
or those officials of the government appointed by the President to lead and oversee the daily
administrative activities of a certain department. The second are the civil servants, whose primary
responsibility is to implement and deliver the basic public services to the citizens, under the supervision
of these officials.
In the 2018 Annual Labor and Employment Statistics8, the public sector employs 2.5 million workers
who worked in the government or government corporations, or 6.2 percent of the total employment
(41.2 million workers) and the total labor force in the Philippines.
Table 2 presents the total number of regular, non-career, and JOs/COS workers in the government
grouped by major subdivisions. Majority (69.2%) of the regular (Career) and non-career employees
are found in NGAs. However, majority of the JOs/COS workers are found in LGUs (69.6%). Overall,
almost 2.5 million government workers, in which the JOs/COS only accounts for 26.4 percent or more
than a quarter of the total workforce are in the public sector.
8 The annual labor and employment statistics used the average estimates of labor and employment indicators from the Labor Force Survey rounds conducted by the
Philippine Statistics Authority (PSA). Accessed on https://psa.gov.ph/content/2018-annual-labor-and-employment-status.
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Villena: Exploring the Case of Job Orders and Contract of Service Workers in the Government
Table 2. Number of Regular (Career), Non-career, and JOs/COS in the Government by Major Subdivision: 2017
Regular (Career) and
Non-career
JOs/COS
1,270,494
127,782
Government Owned and Controlled Corporations
(GOCCs)
74,511
32,914
State Universities and Colleges (SUCs)
63,041
30,896
Local Water Districts (LWDs)
17,475
8,396
Subdivision
National Government Agencies (NGAs)
Local Government Units (LGUs)
Total
409,597
457,079
1,835,118
657,067
Review of Policy and Legislative Framework
This section seeks to discuss the relevant law, policies, and legislations relevant to employment in the
public sector as well as governing JOs and COS working arrangement.
The 1987 Philippine Constitution upholds “social justice” by recognizing labor as the “primary social
economic force” of the country and the state’s duty “to protect their rights and promote their welfare”
(Article II, Section 18). The Constitution guarantees the worker’s right to security of tenure, humane
conditions of work, and a living wage (Article XIII, Section 3), which covers both the public and
private sectors. The civil service embraces all branches, subdivisions, instrumentalities and agencies
of the government, including government-owned or controlled corporations. Appointments in the
civil service are of two types: (1) appointments based on merit9 and fitness to be determined as far as
practicable by competitive examinations (i.e. civil service examinations), or called the “competitive
positions”; and (2) appointments to positions which are policy-determining, primarily confidential,
or highly-technical, or classified as “non-competitive positions.” These “competitive positions” are
grouped into three levels: (1) positions requiring less than four (4) years of collegiate studies (subprofessional); (2) positions requiring at least four years of collegiate studies (professional); and (3)
positions in the Career Executive Service.
The Constitution also affirms that no officer or employee of the civil service shall be removed or
suspended except for cause provided by law (Article IXB, Section 2(2). With this, Republic Act (RA)
No. 6656 or “An Act to Protect the Security of Tenure of Civil Service Officers and Employees in
the Implementation of Government Reorganization” aims to protect the security of tenure of civil
service officers and employees in the Government. Under Section 2 of RA 6656, it emphasizes that a
civil service officer or employee shall not be removed from the service, except for a valid cause and
after complying with its substantive and procedural due process (notice and hearing). A valid cause
for removal exists when: (1) pursuant to a bona fide reorganization, a position has been abolished or
rendered redundant; (2) there is a need to merge, divide, or consolidate positions in order to meet
the exigencies of the service; or (3) other valid causes provided in the Civil Service Law. Essentially,
RA 6656 reiterates the state’s duty to respect the rights of every employees in the government to the
due process of law before terminating or dismissing them based on valid causes found in the law.
While government sector can hire and appoint individuals for regular positions, government agencies,
including GOCCs, have been authorized to enter contracts with government entities, private firms
or individuals and non-government organizations for services related to their respective functions
9 The civil service laws of the country are founded on the belief that promotion and hiring of government employees shall be based on their ability to perform. These
laws intend to establish a merit system of fitness and efficiency as the basis of appointment, not on political considerations, partisanship and personal favoritism (Meram
vs. Edralin, G.R. No. 71228, 24, September 1987 citing Gervais v. New Orleans Police Department, 77 So 2d. 393)
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and operations, whether on part-time or full-time basis. Executive Order No. 292, or the Revised
Administrative Code of 1987 is the primary law that authorizes the government or any of its branches
or instrumentalities including GOCCs on the employment of JO and COS workers. Under Section 58,
“Agencies may enter into contracts with individuals or organizations, both public and private, subject
to provisions of law and applicable guidelines approved by the President: provided, that contracts
shall be for specific services which cannot be provided by the regular staff of the agency, shall be for a
specific period of time, and shall have a definite expected output; provided, further, that implementing,
monitoring and other regular and recurring agency activities shall not be contracted for, except for
personnel hired on an individual and contractual basis and working as part of the organization, or
as otherwise may be approved by the President: Provided, finally, that the cost of contracted services
shall not exceed the amount that would otherwise be incurred had the work been performed by
regular employees of government, except as may be authorized under this section.” It emphasizes that
those contracted activities or services shall be for specific period of time (fixed) and these activities
contracted are not those regularly performed by the agency’s regular employees.
In 1998, the CSC issued Memorandum Circular No. 40 or the Revised Omnibus Rules on
Appointments and Other Personnel Actions referring employment under COS and JOs work
arrangement are not considered government services. COS and JOs refer to employment as follows:
a)
The contract covers lump sum work or services such as janitorial, security or consultancy
services where no employer-employee relationship exist;
b) The job order covers piece work or intermittent job of short duration not exceeding 6
months on a daily basis;
c)
The COS and JOs are not covered by CSC Laws, Rules and Regulations, but covered by
COA rules; and
d) The employees involved in the contracts or job orders do not enjoy the benefits enjoyed
by government employees, such as PERA, COLA and RATA.
This was reiterated in 2002, when the CSC issued Resolution No. 020790 regarding Policy Guidelines
for Contract of Services. Section 1(3) of the said resolution states that, “the contract of services and
job order are not covered by Civil Service law, rules and regulations, but covered by Commission on
Audit (COA) rules.” Though COS and JO workers are not within the jurisdiction of the CSC, the
contracts which govern their employment shall be reviewed and audited by the latter (Sections 5 and 9).
However, the proliferation of individual JO and COS workers in the government and their involvement
even in the performance of regular agency functions have been observed in the recent years. There
are cases that agencies are directly hiring individual workers on COS or JO to perform specific jobs
or to supplement their current manpower. This give rise to the issues of lack of social protection for
the workers and inequality of benefits, and the obscure accountability of JO/COS workers due to lack
of employee-employer relationship with the hiring agency. To address this, a joint circular was issued
to prescribe the rules and regulations governing COS and JO workers in the government.
The CSC-DBM-COA Joint Circular No. 1, s. 2017 clarifies the nature of COS and Job Order (pakyaw)
and it covers almost all government entities, which avail of the services of COS and JO workers. At
present, this is the governing rules for JO and COS workers. The Joint Circular No. 1 s. 2017 defines
the following:
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Villena: Exploring the Case of Job Orders and Contract of Service Workers in the Government
a)
Contract of Service refers to the engagement of services of individual private firm,
other government agency, non-governmental agency or international organization as
consultant, learning service provider or technical expert to undertake special project
or job within specific period. Meanwhile, a Contractor or Service provider refers to any
individual, government agency, private or non-government entity, duly-registered and
recognized by authorized government agencies to provide consultancy;
b) Institutional contract refers to the agreement between the government agency and
contractor or service provider duly-registered and recognized by authorized government
agencies to provide service such as consultancy, and other support services;
c)
Job Order refers to piece work (pakyaw) or intermittent or emergency jobs such as
manual/trade and crafts services such as carpentry or plumbing, clearing of debris,
etc.; and
d) Support services may include janitorial, security, driving, data encoding, equipment
and grounds maintenance and other services that support the day to day operations
of the agency.
Essentially, JO and COS workers are not covered by the Civil Service law and rules but governed
by a contract (memorandum of agreement) thus, they are not creditable as government service. In
hiring of contract of service workers, Section 7.1 states the conditions on hiring contract of service
workers. It states that “hiring under contract of service shall be limited to consultants, learning service
providers, and/or other technical experts to undertake special project or job within a specific period.
The project or job is not part of the regular functions of the agency, the expertise is not available in
the agency, or it is impractical or more expensive for the government agency to directly undertake
the service provided by the individual or institutional contractor.”
Similarly, Section 7.2 of the Circular lays down the conditions to take into consideration on hiring
job orders. It states that, “hiring of job order workers shall be limited to emergency or intermittent
work, such as clearing of debris on the roads, canal, waterways, etc. after natural/man-made disasters/
occurrences; other trade and crafts, and manual tasks such as carpentry, plumbing, painting, electrical,
and the like which are not part of the regular functions of the agency.”
Based on the aforementioned provisions, it is implied that a government agency can only engage
the services of JO and COS workers if there is an emergency or intermittent work that need to be
undertaken and when there is a lack of highly technical personnel who will take part in a special project
of job. Accordingly, job orders require low- and middle-level skills while contract of service workers
are those “expert” who possessed highly-technical knowledge. To conclude, government agencies
hire job orders and contract of service workers to augment their workforce in order to maintain the
continuity of provision of public services.
The Joint Circular also differentiated the compensation of JO and COS workers. Job order workers
receive wages equivalent to daily wage/salary of comparable positions in government and a premium
of up to 20 percent of such wage/salary. Their wages/salaries shall be charged against the Maintenance
and Other Operating Expenses (MOOE) in the approved agency budget. On the other hand, contract
of service workers received wages/salaries which are equivalent to the prevailing market rates,
subject to the provision of Republic Act No. 9184 or Government Procurement Reform Act and
its Implementing Rules and Regulation. Their wages/salaries are also charged against the agency’s
MOOE, but their enrollment to social benefit programs (i.e. Social Security Services, PhilHealth, and
PAG-IBIG Fund) is a prerogative of the individual (as self-employed).
Philippine Journal of Labor Studies: Vol. I No. 2
105
The Government Procurement Policy Board (GPPB) in its policy opinion dated 21 November 2012
sheds light regarding the preceding provision. Expressly stated in the opinion is that, the Republic Act
No. 9184 applies only to the engagement of individuals or a firm for the purpose of providing “nonpersonal services.” In this case, the employer-employee relationship exists between the contracting
firm and the individual workers, not with the procuring entity (government agency). The same
policy opinion also explained the rule on the engagement of personnel who will provide “personal
services.” The GPPB opined that in case a government agency wants to engage individuals to perform
services under job order or contract of service, where the selection and evaluation process consider
the individual’s qualification for personal service, the ensuing arrangement partakes the nature of
hiring personnel rather than procurement of services. Hence, the RA 9184 and its IRR do not apply
in this specific arrangement.
In 2017, the Philippine government has ratified ILO Convention No. 151 or Labour Relations (Public
Service) Convention, an international treaty that seeks to provide adequate protection to the right of
civil servants to self-organization. Noteworthy, the Philippines is the first country in the Asia-Pacific to
concur in the ratification of the said Convention. ILO Convention No. 151 aims to “promote collective
bargaining for public employees, as well as other methods allowing public employees’ representatives
to participate in the determination of their conditions of employment.” Likewise, it reiterates that
disputes “shall be settled through negotiation between the parties or through independent and impartial
machinery, such as mediation, conciliation and arbitration.” With the country’s ratification of ILO
Convention No. 151, it now operates to guarantee decent work and trade union rights “to all persons
employed by public authorities.” Specifically, it intends to provide a guaranteed protection of the rights
of civil servants to organize (Articles 4 and 5) and procedures for determining terms and conditions
of employment. In exercising the right to self-organization, there is the enjoyment of “complete
independence” of public organizations (unions) from public authorities. Public organizations shall
enjoy “adequate protection against any acts of interference” by a public authority in their establishment,
functioning or administration. Through social dialogue processes enshrined in ILO Convention No.
151, JOs and COS workers in the public sector could have a least be provided with adequate protection.
Table 2 provides a comparative analysis of laws and issuances as it examined significant areas such as
hiring and selection, working condition, among others, particularly on the 1987 Revised Administrative
Code and CSC issuances. Based on the table, JO and COS as a form of an employment arrangement
govern by contracts and the period of employment last only for a specific period meaning, it is “fixed”
- the engagement and termination of employment must be made known to the JO or COS worker.
Additionally, all the policies do not provide any social protection mechanisms to JOs and COS workers.
Their access to social security programs have become “self-initiatory” or voluntary, because JO and
COS work arrangement is not creditable as government service.
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Villena: Exploring the Case of Job Orders and Contract of Service Workers in the Government
Table 2. Comparative analysis of policies governing employment of JO and COS workers
Area
Definition of
a JO and COS
worker
Revised
Administrative Code
of 1987
Refers to any type of
employment that is
governed by special
contracts as “noncareer” service,
and performs task/
functions not the same
as those discharge by
regular employees.
CSC Memorandum
Circular No. 40, 1998
CSC Resolution No.
020790 (2002)
Section 2 (a), Rule XI S e c t i o n 1 r e f e r s t o
defines contract of service employment described as:
workers as “lump sum
work or services such a.
C ontract covers
as janitorial, security
“lump sum work
or consultancy services
or services such as
w h e r e n o e mp l o y e r
janitorial, security,
employee exist.”
or consultancy
w h e r e
n o
S ection 2 (b) of the
employer-employee
same rules defines job
relationship exists
orders as “piece work or
between the
intermittent job of short
individual and the
duration.”
government.”
b.
Job orders covers
piece work or
intermittent job
of short duration
not exceeding six
months and pay is
on a daily basis.”
Hiring and
Selection
Duration of
Employment
Under S ection 58, No provision
it emphasizes that
government agencies
may only hire
contractual personnel
including job orders
and contract of
service workers
when the agency
itself cannot provide
the services needed
in the daily course
of its administrative
op erat ion and t he
services should be the
same as those perform
by agency’s regular
employees.
Joint Circular Act
No. 1 s. 2017, as
amended
Section 5 defines the
following:
5.1 Contract of
ser vice workers as
those workers whose
“engagement of services
of an individual,
private firm, other
government agency,
n on - g ov e r n m e nt a l
agency or international
organization as
consultant, learning
ser vice provider or
technical expert to
undertake special
project or job within a
specific period.”
5.4 Job order refers to
piece work (pakyaw)
or inter mittent or
emergenc y jobs of
short-duration and for
a specific piece of work.
S e c t i on 3 e x p l i c it l y
states that, no contracts,
memorandum of
agreement (MOA), or job
order shall contain any
provisions which allow
job orders or contract
of service workers “to
perform work or regular
function that is necessary
and ess ential to t he
agency concerned or
work also performed by
the regular personnel of
the hiring agency.”
On Section 5, the hiring
of contract of workers
shall be limited to
consultants, learning
service providers, and/
or ot her te chnica l
experts to undertake
special project or job
w it hin a sp e cif ie d
period.
It does not specify No provision for contract The employment of job
t h e d u r a t i o n o f of service workers, but order shall not exceed six
employment1
for job orders, it shall not (6) months.
exceed six (6) months.
No specific period of
employment mentioned
for contract of service
workers.
S e c t i on 6 . 2 s t at e s
that the p erio d of
employment of
contract of ser vice
workers shall be for a
maximum period of
one (1) year, renewable
at the discretion of the
Head of the agency, but
in no case, exceed one
(1) year.
Similarly, the hiring
of job orders shall be
limited to emergency
or intermittent jobs.
Section 5 states that, the
services of job orders
are for “short-duration”
and for a “specific piece
of work.”
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107
Terms and
Working
Conditions
No provision
No provision
On S ection 3 of the
resolution, it prohibits
any agencies to include
stipulations in the
contract or agreement
that directs job orders
or contract of service
workers to “report to the
office and render service
du r i ng t h e a ge n c y ’s
prescribed office hours”
or forty (40) hours a week.
The Circular does not
contain any provisions
on the working conditions of job orders
or contract of service
workers.
Section 6.1.4 states that,
workers hired under
institutional contract
of service are entitled to
social security benefits
to be provided by the
contractor or service
provider.
H o w e v e r, S e c t i o n
6.1.4 states that workers hired under “institutional contract of
service” are entitled
to the “compensation
and benefits compliant
with existing labor law,
including the necessary
social security and other benefits mandated
by law” to be provided
by the contractor or
service provider.
Social Security
Benefits
No provision
No provision
No provision
Supervision
and Management
No provision
No provision for job order
arrangement, however,
there is
“no employer-employee
relationship” exists in a
contract of service work.
The Resolution prohibits No provision
agencies to control and
supervise the conduct and
performance of job orders
and contract of service
workers.
Issues and Concerns of JOs and COS Workers
On the nature of employment
The Philippine Constitution affirms that labor as a primary social economic force, and the State shall
protect the rights of workers and promote their welfare. Aside from affording protection to labor,
promoting full employment, and ensuring equal work opportunities, it is the right of a worker to
security of tenure based on social justice principle.
There are several jurisprudences that tackle this in relation to the right of a worker to security of
tenure. The provision on social justice (Article XII, Section 1) is the center of discussion in the case
of IMASEN Philippine Manufacturing Corporation vs, Alcon10. The main issue in the said case is
whether or not the phrase “the right of all the people to human dignity” cover the right of security
of tenure. The Supreme Court in its ruling laid the scope of social justice provision, wherein it stated
that “the law and jurisprudence guarantee to every employee security of tenure. This textual and the
ensuing jurisprudential commitment to ‘the cause and welfare of the working class proceed from the
social justice principles of the Constitution that the Court zealously implements out of its concern
for those with less in life.’”
Another case is the application of “four-fold test” to determine employer-employee relationship, such
as situation of contractual employees in MWSS (2005). The issue raised in the case of Lopez vs. MWSS
is whether or not the terminated collectors-contractors are employees of MWSS. The Court ruled in
10 G.R. No. 194884, 22 October 2014
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Villena: Exploring the Case of Job Orders and Contract of Service Workers in the Government
favor of the petitioners. The decision laid by the Court in the said case is founded on the policy of the
State to afford protection to labor. The Court, in the case at hand, stated “Protection to labor, it has been
said, extends to all of labor local and overseas, organized and unorganized, in the public and private
sectors. Besides, there is no reason not to apply this principle in favor of workers in the government.
The government, including government-owned and controlled corporations, as employers, should
set the example in upholding the rights and interests of the working class.” Obviously, in the said case,
it stresses that Section 3 of Article XIII applies to all kinds of labor, which includes those employed
in the public sector, whether temporary or permanent. Hence, there is importance of obtaining job
security on the part of the workers.
Indeed, job security is the top priority list of workers in terms of employment. During the stakeholders’
consultation, Social Welfare Employees Association of the Philippines (SWEAP) stated that JOs and
COS workers, because of their lack of security of tenure, fear that they would be laid off first, especially
those who discharge government frontline services. Further, the Department of Social Welfare and
Development (DSWD), “only 10 percent of agency’s workforce are permanent employees while 35
percent are casual and contractual who have no job security but are given benefits like their plantilla
counterparts (permanent).
Those JOs and COS workers in state colleges and universities have also encountered the same
sentiments. For instance, JOs are engaged to teach, perform research functions and conduct extension
work along with their regular counterparts. Since their employment are temporary and their services
are desirable to meet the needs of their respective colleges and universities, their contract are renewed
every semester, while the contracts of the rest of them such as research assistants, utility workers, and
other administrative personnel are renewed every six months.
It is observed that JOs and COS workers although their employment are temporary in nature, but
they attend flag ceremonies, covered by same memorandums as those received by regular employees,
and must observe civil service rules. As they say, “they follow the chain of command; in whatever
executive or local unit they have been ‘contracted’ to serve.”
On productivity and job satisfaction
In the study of Wandera (2011) about the effects of hiring staff on short-term employment in a
government agency, short-term employment results to: unscheduled turnover in an organization, low
staff morale, and low productivity. The study noted that the very nature of temporary employment
increase feelings of divided allegiance on the part of temporary workers. This had led to reduced level
of commitment and low productivity. Also, the study noted that the use of temporary workers is due
to the agency’s need to cut down costs of doing business as a result of difficult economic situations
facing the country and to competitively do business globally. Additionally, one of the policy initiatives
suggested by the author (Wandera) to increase the productivity and alleviate the motivational level of
temporary workers is to have them represented by workers’ organization and included in the collective
bargaining processes and agreements.
In another study, Abelido (2017) analyzed the job satisfaction and relative deprivation of the contractual
workers in the University of the Philippines-Los Baños. Most of the workers answered that they
“moderately satisfied” with their current jobs. In terms of gender, female workers have lower job
satisfaction as compared with male workers. On the other hand, those workers who have the highest
job satisfaction with their jobs are laborers and utility, while research assistant have the lowest job
satisfaction.
Similarly, the study of Booth, et.al (2000), where civil servants are among the respondents of the study,
concluded that temporary workers report lower levels of job satisfaction and receive less work-related
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109
training than their counterparts in permanent employment. However, the study provided evidence that
temporary jobs are a stepping stone to permanent work and the median time before such transition
is between 18 months and three and a half years.
In the study conducted by Lagura and LIgan (2018) wherein they facilitated an in-depth interview
and focus group discussion with job order street sweepers working in City Local Government Units
in Davao Region, their findings revealed that these workers are working with no security of tenure,
meagerly compensated, and do not receive benefits. Despite of them being deprived of the said benefits,
the workers are proud and satisfied in doing their job.
Meanwhile, the effect of giving fringe benefits to workers’ in the public sector is the objective of the
research by Kamau (2013). Based on the assessment conducted by the author, fringe benefits such as
health protection benefits exert influence on employees’ productivity. Same with the fringe benefits,
employment security of workers in the public sector have a positive effect on their productivity. Because
of these observations, the author recommends that the government should continue providing security
benefits and health protection benefits to all civil servants in order to encourage their productivity
and loyalty.
In 2017, President Rodrigo R. Duterte recognized the hard work and commitment of job orders and
contract of service workers through issuing Administrative Order No. 2 authorizing the grant of
gratuity pay not exceeding Php 2,000 each. According to the President, this issuance is a “well-deserved
recognition of their hard work.”
Thematic Results of Survey-Interview with JO and COS workers
Using the results of the survey-interview with JO and COS workers, themes are grouped based on the
different aspects of employment in the government.
Profile of the Respondents
Out of 170 total respondents, majority (65% or 112 respondents) of them are male. Only 58 respondents
are female. The average age of the respondents is 29 years old. Moreover, most of them (90% or 154
respondents) are college graduates, whom 36 respondents are licensed professionals (e.g. nurses,
engineers, and social workers). Their function can be group as administrative and technical from
NGAs. For those doing administrative functions, their common tasks are: (1) encoding; (2) preparation
of reports and memos; (3) updating of various records and documents (i.e. supplies logbook, flow
of communication documents, etc.); (4) support personnel to task designated to regular employees
(i.e. secretariat); and (5) secretarial tasks (i.e. making follow-ups). On the other hand, technical
functions include: (1) preparation of technical reports; (2) monitoring of programs; and (3) inspection
of materials, particularly to those engaged in fieldwork activities. All four (4) national government
agencies participated in the survey are unionized. However, majority (77%) of the respondents are
not members and not covered by the collective negotiation agreement (CNA).
Respondents were asked of their working arrangement in their respective agencies. Majority (79% or
135 respondents) of them considered their present arrangement under a “job order.” However, almost
all of them are governed by “contracts.” Majority of them (152 respondents or 89%) have signed an
employment contract and possessed copies of the same. It is important to note that the average number
of contract renewals is six (6) times, ranging from being renewed once to being renewed 20 times.
Given this situation, it disagrees with the definition provided by the policies on “job orders.” To reiterate,
job orders are defined as “piece work (pakyaw) or intermittent or emergency jobs” that involves
manual/trade and crafts services. The multiple renewal of contracts negates the impression that the
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Villena: Exploring the Case of Job Orders and Contract of Service Workers in the Government
respondents are piece or intermittent workers. Hence, “job order” is the common term of temporary
working arrangement in the government, where employment is due to contract renewals by the agency.
Drivers, Aspirations, and Motivations
“Public service” is the most common reason why a JO or COS worker aspires to attain regular
employment in the government. A large number of respondents (69% or 117 respondents) have
applied for a plantilla position (regular) in the agency where they are currently working. Most of
them cited, “to serve the public” as their main reason on why they applied for a plantilla position.
Other common motives include: (1) to have a stable career; (2) to gain relevant government working
experience; and (3) to receive high salary and benefits. However, there are respondents, who stated
that they preferred or directly applied as a JO or COS worker because of the following: (1) not eligible
during their application for a regular position; (2) no vacant plantilla positions; (3) no work experience;
and (4) working as JO or COS worker receives higher salary than those entry-level positions in the
private sector.
Regular employment in their present agency is another aspiration. Most of the respondents (154
respondent or 91%) intends to work as regular employees of their respective agencies. Given a chance,
they prefer ‘administrative’ position as point of entry to regular employment in the government. The
usual reasons why they opted to occupy administrative positions include: (1) they have already gained
working experience; (2) the duties and responsibilities are the same as what they are currently doing;
and (3) they have gained familiarity with their present function.
Hiring and Selection
JOs and COS workers are subjected to the same hiring and selection process as those undertaken by
the regular employees. When the respondents are asked to describe the hiring and selection process
that they hurdled before acquiring they present employment, they stated that they have gone through
the same scope of pre-employment examination and same interview process as those hurdled by the
regular employees.
There are factors that affect the probability of being hired as a regular employee. As stated by the
respondents, an applicant for a regular position can increase his/her chance to be hired as one, if
he or she: (1) possessed the required career service professional eligibilities; (2) has gained relevant
experience; and (3) is recommended by authorities or has “connection” in the agency where he or
she applied.
Employment Terms and Working Conditions
JOs and COS workers receive other forms of compensation aside from their salary. The average
monthly salary ranges from Php 10,000.00 to Php 20,000.00. There are few (9 respondents or .05%)
who receive other benefits such as groceries and cash gift. Almost half of them (82 respondents or
48%) render overtime services, averaging to 9 hours per week. Unfortunately, only few of them receive
payment to these overtime services. On the other hand, there are respondents (62 respondents or
36%) who work on holidays and receive payment for services rendered. All of the respondents do
not receive 13th month pay and do not accumulate leave credits. The findings on the provision of just
wages including 13th month pay and lack of overtime and holiday pay are aligned with the intention
of Joint Circular No. 1 s. 2017. However, the giving of other forms of compensation although the said
policy does not mandate agencies to do so has become somehow a voluntary initiative of the agency.
Lack of social protection benefits is prevalent among JOs and COS workers. Respondents were
asked of their entitlement to social security benefits guaranteed by the law to the workers. Majority
of them (155 respondents or 91%) responded in the negative, have written N/A (not applicable) or
Philippine Journal of Labor Studies: Vol. I No. 2
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‘No.’ Nevertheless, there are few respondents (15 respondents) who have social protection benefits,
primarily because of their initiative. This ‘initiative’ refers to the allotment of a portion of their salary
as payment for voluntary contribution to social security agencies such as SSS, PhilHealth, and PAGIBIG. Hence, their membership to social security is considered “self-employed”, consistent with the
intention of Joint Circular No. 1 s. 2017.
Lack of statutory and monetary benefits is the primary disadvantage of working as JO or COS
worker. Almost all of the respondents (163 respondents or 96%) have stated that the lack of statutory
and monetary benefits as the primary disadvantage of working as JO or COS worker. Other stated
disadvantages include “no employer-employee relationship”, “no health card”, and “no work, no pay
basis.” On the other hand, more than half or 52 percent (88 out of 170 respondents) stated that,
working as JO or COS worker is an advantage, because of “less work responsibilities.” According to
them, this is favorable especially to those who have other responsibilities which are not work related
such marital obligations and business activities. Also, they considered the entitlement to the full salary
(without deductions) as an advantage. This finding in particular is in line with Section 7.4 of Joint
Circular No. s. 2017, that the services of job orders and contract of service workers are not creditable
as government service.
Lack of funds hinders the regularization of JOs and COS workers. Respondents were asked if their
respective employers-agencies should regularize them. Almost all of them or 94 percent (160 out of 170)
of the respondents agreed that they should be regularized. This is due to their workload is equivalent
or more than their regular counterparts. However, they see this regularization impossible because of
current policies of the government on JOs and COS workers and due to lack of government funds.
Supervision and Management
Same performance evaluation instrument and metrics is used for JOs and COS workers and regular
employees. All of the respondents said that their work is under the control and supervision of a regular
employee with a salary grade (SG) ranging from SG18 to SG24. Likewise, the agency’s human resource
division imposes control and supervision over them. It also the former and the latter that imposes
disciplinary actions to the respondents. Meanwhile, the common instrument/form used to measure
and evaluate the performance of JOs and COS workers is the Individual Performance Commitment
Review (IPCR). The IPCR is the performance evaluation instrument/form that is being presently used
to measure and evaluate the performance of regular employees in the government.
Working Relations and Environment
There is a harmonious workplace despite of the difference in working arrangements between JOs
and COS workers and regular employees. Respondents were asked to rate their level of satisfaction
in their respective agencies. Majority of them (154 respondents or 90%) said that they are “completely
satisfied.” On the other hand, there are 149 JOs and COS workers (88%) who are “somewhat satisfied”
working with other employees.
Both the union and the agency have established initiatives specifically catering for JOs and COS
workers. While all participating agencies are unionized, only one (1) union provides programs and
services to JOs and COS workers. These are in the forms of: (1) provision of loans; (2) provision of
health maintenance organizations (HMOs); and (3) free civil service examination review sessions.
On the other hand, the initiatives common among the agencies they provide to JOs and COS
workers that contributes to their career growth and development are: (1) mentoring or coaching; (2)
inclusion to trainings and seminars; (3) equal and fair treatment; (4) conduct of meetings to hear out
concerns; and (5) encouragement to apply for a higher position, whether in the current agency or
other government institutions.
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JOs and COS workers are deprived of their right to self-determination. A large number of respondents
(142 respondents or 83%) stated that they do not participate in the agency’s decision and policymaking
process. Most of them (137 respondents or 80%) are not able to voice out their grievances and concerns.
Many of the respondents (152 respondents or 89%) are not provided with legal assistance when needed.
The said implications revealed by the results are somehow attributed on the non-membership of JOs
and COS workers to unions.
Analysis of the results of survey-interviews vis-à-vis CSC-DBM-COA Joint Circular No. 1 s.
2017 as amended
In order to gauge the effectiveness of the policies on governing the employment of JO and COS
workers, salient provisions of the CSC-DBM-COA Joint Circular, the presently governing policy have
been correlated to the results of the survey. Table 3 presents the intention of the salient provisions
(execution/implementation) and how these intentions are realized (practice):
Table 4. Joint Circular No. 1 s. 2017 vis-a-vis Results of the Survey
Area
Hiring and
Selection
Joint Circular No. 1 s. 2017
Section 5.1 states that consultants,
learning service providers or
technical experts are only those
who will be hired under a
contract of service arrangement.
Their engagement is only for a
specific project or undertaking,
and the commencement and
termination of their employment
are determined and known
to them at the time of their
engagement.
Section 5.4 states that job orders
should consist of employees
who are performing tasks/
functions that: (1) are paid by
results (pakyaw); (2) occurs
at irregular interval and are
seasonal in nature (sporadic);
and (3) emergency jobs. Job
order is a short-employment and
the employment is for a specific
project/work.
Duration of
Employment
Section 5.5.4 referred Job Order
as to piece work or intermittent or
emergency jobs. These jobs are of
short duration and for a specific
piece of work.
Section 6.2.1 states that the
duration of employment of
contract of service workers shall
not be more than one (1) year,
and it may be renewed at the
option of the head of the agency.
Practice
(based on survey-interview)
Gap Analysis
No respondents who function
as consultants, learning service
providers, or technical experts.
Most of them are engaged in
administrative and technical
functions.
In the “Definition of Terms” part
of the circular, no definition is
provided for consultant learning
service providers or technical
experts, and parameters/criteria,
wherein if such definitions are
provided would serve as basis
The tasks/functions performed of the agency in hiring the
by the respondents employed abovementioned workers.
under job order arrangements
are technical and administrative The circular did not provide a
functions, which are considered clear definition of what should
“core” functions of the agency constitute a “core” functions, or
where they presently working.
those functions which should not
be assigned to JOs.
There is multiple renewal of their
employment.
The circular does not mention
if an employment contract of a
JO could be renewed. However,
the multiple renewals rebut that
the services rendered by JO and
COS are piecework, intermittent
or emergency.
Both for COS and JOs, the average
number of times an employment
contract has been renewed is six
(6), and each renewed contract
that last for 1 year.
The Circular does not state or
emphasize how many months or
years to declare an employment of
JO to be one of a “short duration”
and renewable.
Unlike for JO, the circular
emphasizes that the employment
of COS worker must not exceed
one (1) year and expressly states
that the head of the agency who
serves as the employer of COS
workers may renew his or his
employment.
Philippine Journal of Labor Studies: Vol. I No. 2
113
Area
Payment of
Wages and
Salaries
Joint Circular No. 1 s. 2017
Section 6.2.2 states that the
services of individual contractor
or consultants shall be subject
to the pertinent provisions of
RA 9184 and its implementing
guidelines.
Practice
(based on survey-interview)
Gap Analysis
The average monthly salary
ranges from Php10,000.00 to
Php20,000.00. There are no
respondents who stated that they
are on a daily wage basis.
The payment is based on the
amount agreed on the contract,
not on the prevailing minimum
wage rates of the region.
There are respondents who are
COS workers who performs
functions which are necessary
and desirable to the ordinary
course of administrative
operations of an agency (i.e.
engineer, nurse, social worker).
There is a gap between the
practice and Circular, since the
latter only provides limitations
on hiring COS workers and
conditions which would serve
as basis of an agency to justify
its employment of COS workers.
Section 6.3.1 states that the
amount of compensation of
job orders are based on: (1) the
amount agreed by the parties
in a contract; or (2) on a daily
wage basis.
Conditions and
Limitations on
Hiring
Section 7.1 states that the contract
of service workers are those hired
who will serve in their respective
agencies as: (1) consultants; (2)
learning service providers; and/
or (3) other technical experts to
undertake a special project or job
within a specific period.
There are JO and COS workers
who performs functions that
are regularly performed by the
regular employees. Among these
functions are: (1) preparation
of memorandums and technical
reports; (2) monitoring of
agency’s programs; and (3)
inspection of materials.
Moreover, in case a contract of
service worker is a technical
expert, his employment is for a
specific project or undertaking,
in which it is not part of the
regular functions of the agency.
Likewise, he is employed for the
reason that the agency lacks the
necessary expertise or experts
to perform the function, or that
a particular function/service
became impractical or expensive
for the government agency to
directly undertake.
Examining the wordings of
Section 7.2, this Section is not
strict in enforcing its intent of
prohibiting agencies to assign
functions which are regularly
perform by regular employees to
JOs and COS workers.
S ec tion 7.2 states that no
contract of service workers or
job order workers should perform
f unc t ions w hich regu l arly
performed by the agency’s regular
and career employees.
Terms and
Conditions of
Employment
S ec tion 7.2 states that no
contract of service workers or
job order workers should perform
f unc t ions w hich regu l arly
performed by the agency’s regular
and career employees.
Almost all of the respondents
have stated that the lack of
statutory and monetary benefits
is the primary disadvantage of
working as job orders or contract
of service workers.
It is consistent with CSC
issuances that, there is no
employer-employee relationship
between the JO and COS
working and the hiring agency,
hence benefits are limited.
Section 7.4 states that the services
of job orders and contract of
service workers are not creditable
as government service. Similarly,
they do not receive the benefits
enjoyed by the government
employees (regular).
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Villena: Exploring the Case of Job Orders and Contract of Service Workers in the Government
Area
Joint Circular No. 1 s. 2017
Practice
(based on survey-interview)
Gap Analysis
Control and
Supervision
Section 7.3 states that no contract
of service workers or job order
workers should exercise control or
supervision over the performance
of regular and career employees.
No r e s p o n d e n t s e x e r c i s e
supervision or control over
the performance of regular
employees.
There is no gap since positions
with control and supervision
are usually lodged to regular
employees (ex. Division Chief,
immediate supervisor)
Transition
from JO or
COS worker
to regular
employee
Section 11. 2 states JO and
COS workers who are currently
employed at the time of the
approval of this issuance (Joint
Circular No. 1 s. 2017) shall be
given priority in filling vacant
appointive positions (regular
plantilla), provided that they
meet appropriate eligibility and
other qualifications required by
the existing Civil Service law
and rules.
Majority of the respondents aspire
to become regular employees of
their respective agencies where
they are presently working.
They consider their ‘working
e x p e r i e n c e’, a lt h ou g h n ot
creditable as government service,
as job order and contract of
service workers as their primary
advantage and ‘stepping stone’ to
acquire regular positions.
The circular does not pose a gap,
since it clearly mentioned that
JOs and COS workers are given
priority of appointment. The
problem however is it does not
provide parameters or criteria
which would help an agency that
employs JOs and COS workers
on choosing who among them
should be given the priority.
CONCLUSION
Notwithstanding the limited number of respondents interviewed and the existing laws and policies
governing JO and COS workers in government, relevant findings have resulted, particularly on their
employment arrangement.
“Regularization” is the main goal or a driver which motivates an individual to work as public servant
under a JO or COS work arrangement. Accepting a job as a JO or COS worker is a form of “stepping
stone” to acquire a regular employment, whether in the agency they are presently employed or in
another government institution. While these JO and COS workers were treated as government
employees in terms of duties and responsibilities, as well as supervision and discipline, they lack the
employer-employee relationship with the agency. Consequently, they lack the benefits being afforded
to a regular employee, and the possibility of improving their working conditions through unionism
and collective bargaining. Further, JOs and COS workers play an indispensable role in achieving the
mandates and in the implementation of programs and services of an agency. This is proved by the
functions or task entrusted by the agency to the JOs and COS workers, which are considered core
or necessary in the delivery of public services. Meanwhile, for JOs and COS, they perceived their
employment, even if they are under a COS worker arrangement, is that they are ‘job orders.’
Further, it seems that the various issues concerning JOs and COS workers emanates from the absence
of employer-employee relationship between the said class of workers and the agencies that employ
them. However, applying the test of determining employer-employee relationship, based on the
results of survey-interviews, the indispensability of services provided by JOs and COS workers to
their respective employers (agencies) could somehow lead to a conclusion the presence of employeremployee relationship. Their entitlement to the right to security of tenure is deemed given, based
on the fact that they are continuously and repeatedly hired which are indicative of the necessity and
desirability of their services to the normal course of administrative operations of the agencies.
Furthermore, the perception of the respondents of their working arrangement as “job order”, even if
they are employed as a COS worker, is indicative that they not fully aware of their status and duties as
a worker in the government sector. Because of them having no knowledge of their present situation
or on the facts that surround their employment, they could not assert their rights afforded to them by
the law, particularly those rights affecting their welfare (i.e. access to social security benefits).
Philippine Journal of Labor Studies: Vol. I No. 2
115
Looking on the existing laws and policies governing employment of JO and COS workers, it could
be categorized into two: (1) modes of hiring; and (2) guidelines on the scope of work. Also, there
is consistency in defining the nature and scope of JO and COS workers. Salient features include:
(1) the duration of employment of JOs and COS workers is either on a short-term basis or within
a specified period of time; (2) the nature of employment is merely contractual (due to contracts),
that could be renewed subject to the discretion of the head of agency; (3) there is emphasis on
the absence of employer-employee relationship between the JO or COS worker and the employeragency; and (4) the lack of provision extending access to social protection mechanisms or
entitlement to social security benefits except for those hired under “institutional contract of service.”
The challenges and concerns encompassing the different aspects relevant to the employment of
JOs and COS workers, whether it involves the legal and policy framework governing them or
their implementation in the public sector workplace, could serve as a good starting point to guide
and persuade policymakers in crafting laws promoting the right of temporary employees in the
public sector which include JOs and COS workers to equal employment opportunities, welfare,
self-organization, and self-determination. All this could be realized through adopting international
laws and conventions as part of the existing labor laws of the country. A good example for this is the
ratification of ILO Recommendation No. 198 (Employment Relationship Recommendation, 2006)
wherein the said recommendation mandates a country to implement a national policy that may serve
as a guide in establishing the existence of employment relationship, ensuring standards providing
protection applicable also to contractual arrangements, and affording “access to fair, inexpensive,
efficient procedures and mechanism for settling disputes” regarding the existence of employment
relationship. Doing so, could benefit a lot of JOs and COS workers (657,067 as of 2017) presently
employed in the public sector.
However, as alternative while looking forward for the ratification of the abovementioned ILO
recommendation, the country at present should harness the potential of public sector unions in
promoting the welfare of and creating full and decent employment for JOs and COS workers by
continuously crafting policies anchored on ILO Convention No. 151 (Labour Relations (Public
Service) Convention, 1978), ratified by the Philippines on 10 October 2017. Public sector unions
and the agencies where they are established should work closely together in transforming CNAs into
such extent that these will serve as an instrument in affirming that constitutionally guaranteed rights
such as the right to self-organization, security of tenure and basic social protection shall be given to
all types of working arrangements in the public sector – most importantly the JOs and COS workers.
Currently, the lack of security of tenure of employees under temporary working arrangements in the
public sector has been recognized by the legislative branch as one of the prevalent issues that need
to be resolved the soonest possible. Some legislators of the recently concluded 17th Congress have
proposed measures strengthening the right of temporary employees to security of tenure. Hence, these
are the measure proposed promoting and recognizing the right to security of tenure of temporary
employees in the government:
a) House Bill Nos. 1125, 2287, 2988, 3331, 4544, 4871, 4950, and 5094. The intention of
these bills is to institutionalize the right to security of tenure of casual and contractual
employees of the government, whether employed in the national government agencies
or local government units, who have served for substantial periods of time. The passage
of these bills could address the repetitive hiring of JOs and COS workers upon the
expiration of their period of employment;
b) House Bill No. 6406. These bills seek to remove JO and COS working arrangement as
a form of temporary employment in the public sector, but instead converting them to
“casual” status of employment (Section 13 of 6406). As stated in HB 6406, by making
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Villena: Exploring the Case of Job Orders and Contract of Service Workers in the Government
them as casual employees, their employment will become “regular” if they have worked
for a period of 5 years. If this bill will become a law, it will serve as an enabling legislation
which may strengthen the exercise of right to self-organization in the public sector –
increasing the number of public sector employees who can participate in collective
bargaining therefore they may have better benefits and working conditions;
c)
House Bill No. 6892. The bill seeks to the address the issue/concern in the employment
of JOs and COS workers which is the lack of monetary and statutory benefits. Section
4 of the bill enunciates that JOs and COS workers shall be entitled to receive insurance
benefits from the various social security programs of the government, 13th month pay,
productivity bonuses and such other privileges enjoyed and being received by regular
employees;
d) House Bill No. 7415. This bill intends to address the repetitive hiring and renewal of
employment contracts of non-regular employees in the public sector including JOs and
COS workers by providing “civil service eligibilities” of those who do not possess said
eligibility in order to increase their chance to acquire regular employment; and
e)
Senate Bill Nos. 283, 1184, and 1193. These bills propose to grant permanent and
regular employment to the temporary personnel in the public sector who have rendered
years of desirable and necessary work in their respective agencies. The passage of these
bill could serve as an instrument in recognition of the indispensability of services
provided by temporary employees in the delivery of public service, in which this is not
somehow appreciated by previous and present issuances on contractual employment
in the government.
RECOMMENDATIONS
Taking into account all the information gathered, the following are some proposed initiatives to
improve the present or future rules and regulations on the employment of JOs and COS workers in
the government:
1.
Amending the circular (Joint Circular No. 1 s. 2017, as amended) to conform with the present
situation of JOs and COS workers. Future amendments of the said circular or other future
circulars may consider the following:
•
Provide a clear and exact definition of learning service providers, consultants, and
technical experts, specifically on the nature and scope of their functions or tasks.
Additionally, it is suggested that the number of months must be specified which could
help determine whether the employment of job order is of short duration or not.
•
In terms of hiring under contract of service (Section 7), prior consultation between
the head of agency and representatives of public sector union can contribute to its
proper implementation in order to determine the necessity of JOs and COS workers in
a particular agency.
•
It could include provision/s intended to establish processes on prioritizing job orders
or contract of service workers in the appointment to regular positions, or alternatively
a new or separate circular similar to that previously proposed.
•
In order to transform the circular into a regulatory instrument that could provide social
protection to JOs and COS workers, it is important to include provisions mandating
employer-agencies to enroll JOs and COS workers in the state’s social security benefits
programs of the government such as SSS, PhilHealth, and HDMF (PAG-IBIG).
Philippine Journal of Labor Studies: Vol. I No. 2
117
2.
Formulation of system of equivalency. To fully support the JOs and COS workers on acquiring
regular employment and to also guide employer-agencies in hiring and selection of JOs and
COS workers, the executive or legislative branch of the government may undertake measures or
initiatives which would establish a system of equivalency that will serve as a guide of employeragencies in hiring and selection of JOs and COS workers based on their duties and responsibilities.
Furthermore, crafting of performance measurement instrument created exclusively for JOs and
COS workers could be taken into consideration to aid the proposed system of equivalency. The
institution of the said system and instrument could serve as mechanisms can somehow increase
the chance of JOs and COS workers to acquire regular employment.
3.
Mandatory pre-employment orientation of policies and guidelines on the employment of JOs
and COS workers. Through a conduct of orientation or any activities that may increase awareness
on the rights, welfare and employment status of JOs and COS workers could be jointly undertaken
by the government and public-sector unions. These orientations could serve as a venue to discuss
the purpose of the policies and guidelines to the newly-hired JOs and COS workers prior to their
deployment to their respective workplace.
4.
Recognition of the services of JOs and COS workers. The awards and recognition programs of
the government should take into consideration that all employees in the public sector, regardless
of their employment status, are entitled to due recognition and appreciation of their contribution
towards the improvement of public service. JOs and COS workers should be given the opportunity
to be qualified in the awards and recognition programs.
5.
Strengthen the role of public sector unions on improving the welfare and present situation of
JOs and COS workers vis-à-vis ILO Convention No. 151 (Labour Relations (Public Service)
Convention, 1978). With the Philippines ratification of ILO Convention No. 151, it highlights
the commitment of the government to serve as a model employer in the public sector. Anchored
on Article 5 (Protection of the Right to Organize) of the said Convention, proposed laws are the
following:
a.
b.
118
A law intensifying the complete independence of public sector unions from the control of
public authorities. Specifically, the proposed measure should contain provisions seeking to
afford public sector unions the complete prerogative/discretion, free from control of public
authorities, in which the law may allow them:
•
To include JOs and COS workers as its members and absolute freedom in crafting their
Collective Negotiation Agreement (CNA);
•
To use that independence to extend the coverage of established benefits under the CNA
to JOs and COS workers for the improvement of their welfare; and
•
To prohibit public authorities to exert influence to public sector unions on their right to
freely negotiate and establish initiatives and proposals, except if these are contrary to the
law, beneficial to its members which may include JOs and COS workers.
A law which would create capacity-building programs designed to increase the working knowledge
of public sector union officers and their members on crafting a CNA taking in consideration
the needs of JOs and COS workers. This proposed law as a complement to those previously
proposed could transform public sector unions as an important organization in the promotion
of JOs and COS workers’ right to full employment and in the improvement of their welfare.
Villena: Exploring the Case of Job Orders and Contract of Service Workers in the Government
REFERENCES
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and Relative Deprivation of Contractual Workers. A research presented at the DLSU Research Congress
2017. De La Salle University, Manila, Philippines.
Booth, A.L., Francesconi, M. and Frank. K. (2000). Temporary Jobs: Stepping Stones or Dead Ends?
Laboratorio R. Revelli Centre for Employment Studies. Retrieved 07 September 2018 from http://www.
laboratoriorevelli.it/_pdf/wp8.pdf
DeLoria, J.E. (2001). A Comparative Study of Employee Commitment: Core and Contract Employees
in a Federal Agency. A Dissertation submitted to the Faculty of the Virginia Polytechnic Institute and
State University. Fall Church, VA, USA.
Kamau, H.N. (2013). Fringe Benefits Effects on Employee Productivity in the Public Sector (A Case
of State Department of Water, Nairobi, Kenya). A Research Submitted to the School of Business
in Partial Requirement for the Award of Masters in Business Administration, (Human Resources
Management), Kenyatta University. Retrieved 10 September 2018 from http://ir-library.ku.ac.
ke/bitstream/handle/123456789/10176/Fringe%20benefits%20effects%20on%20employee%20
productivity%E2%80%A6..pdf?sequence=1&isAllowed=y
Lagura and Ligan (2018). What is Life for Job Order Street Sweepers in the City Government of Davao
Region? A Phenomenological Study. International Journal of Management Execellence. Volume 11
No. 1 June 2018. Retrieved 10 September 2018 from www.ijmeonline.com/index.php/ijme/article/
download/442/pdf_119
Wandera, H.T. (2011). The Effects of Short-term Employment Contract on an Organization: A Case of
Kenya Forest Service. International Journal of Humanities and Social Science. Vol. 1, No. 21 December
2011.
News Articles
Adan, W. (Mindanews) (2015). Turning point: Job Order: Injustice and Anomaly in Government Service.
Retrieved 10 September 2018 from http://www.mindanews.com/mindaviews/2015/01/turning-pointjob-order-injustice-and-anomaly-in-government-service/
Business World (2017). Gratuity pay granted to gov’t job order and contract workers. Retrieved 10
September 2018 from http://www.bworldonline.com/content.php?section=Nation&title=gratuity-paygranted-to-gov&8217tbr-job-order-and-contract-workers&id=140479
Pasion, P., (Rappler) (2017). Contractual frontliners fear losing jobs in proposed gov’t rightsizing. Retrieved
10 September 2018 from https://www.rappler.com/nation/177612-contractual-frontliners-vulnerablephilippine-government-rightsizing
Ople, T. (The Manila Times) (2017). Stop unfair labor practices in the government. Retrieved 10
September 2018 from https://www.manilatimes.net/stop-unfair-labor-practices-government
Legal Documents and Issuances
1987 Philippine Constitution
2016 Revised Implementing Rules and Regulations of RA 9184
Angel Abad vs. Herminio dela Cruz, G.R. No. 207422, 18 March 2015
Alexander Lopez vs. MWSS, G.R. No. 1544472, 30 June 2005
Cruz, I. (2012) Constitutional Law I and II. Rex Bookstore. Manila, Philippines
GPPB Policy Opinion No. PM 02-2012, 21 November 2012
Minutes of Deliberation of the Constitutional Commission, Volume II. Congress of the Philippines.
Revised Administrative Code of 1987 (Executive Order No. 292)
Revised Administrative Code of 1987 of the Civil Service Commission
House Bills and Resolutions (http://www.congress.gov.ph/legisdocs/)
Senate Bills and Resolutions (https://www.senate.gov.ph/lis/bill))
Philippine Journal of Labor Studies: Vol. I No. 2
119
Philippine Labor Market Situationer 2015 - 2017
Cesar A. Mansal
ABSTRACT
This Labor Market Situationer contains data and analyses of the results of the Annual Labor Force
Survey (LFS) of the Philippine Statistics Authority (PSA), covering years from 2015 to 2017. It contains
data on main labor market statistics such as the country’s working age population, those in the labor
force and not in the labor force, number of employed and unemployed persons, and employment
and unemployment rates.
The country’s working age population and persons in the labor force significantly increased between
2015 and 2016. However, there was a moderate drop between 2016 and 2017. Meanwhile, the number
of those who do not belong to the labor force continued to increase notably from 2015 to 2017.
From 2015 to 2016, the employment rate grew modestly by 0.8%, accompanied by a corresponding
drop in unemployment rate by -0.8%. From 2016 to 2017, however, employment rate declined by
-0.2%, partnered by a 0.2% increase in unemployment rate.
The last part of this situationer presents some employment challenges that hinder towards the
achievement of the decent work agenda of the Administration, followed by recommendations based
on the Philippine Development Plan (PDP) 2017-2022.
OVERVIEW
Introduction
The Philippine Labor Market Situationer contains data and analyses of the results of the Annual
Labor Force Survey (LFS) of the Philippine Statistics Authority (PSA), covering years from 2015 to
2017. This situationer used 2015 as the starting point as it builds on the most recent Labor Market
Factbook written by Atty. Mary Grace L. Riguer of the Institute for Labor Studies (ILS). The last part
of this journal presents some employment challenges that hinder towards the achievement of the
decent work agenda of the Administration, followed by recommendations based on the Philippine
Development Plan (PDP) 2017-2022.
Building blocks of the Philippine LFS
The major data sets that comprise the Philippine LFS are the working age population, employment data
(number of employed persons and employment rate) and unemployment data (unemployed persons
and unemployment rate). The working age population is further subdivided into those in the labor
force and those not in the labor force. The succeeding discussions will shed light on the definitions
of each term that will be used throughout article.
120
Mansal: Philippine Labor Market Situationer 2015 - 2017
Figure 1: Building Blocks of the Philippine Labor Force Survey
Further, it is important to note that all the above-mentioned labor market data sets are presented
vis-a-vis other variables to provide a clearer picture of the Philippine labor market. These variables
include gender, age group, and educational attainment, class of worker, occupation type, sectoral
classification and regional distribution.
Definition of Terms1
The PSA, in its technical notes, defines the following terms such as follows:
1.1.
Employed
Persons in the labor force who are: 1.) At work – those who did some work even for at
least an hour during the reference period; 2.) With a job or business but not at work –
those who have a job or business even though not at work during the reference period
due to reasons such as temporary illness/injury, vacation/leave of absence, bad weather,
strike/labor dispute, among others.
1.2.
Employment Rate
The proportion of total number of employed persons to the total number of persons
in the labor force.
1.3.
Full-Time Employment
A person who works 40 hours or more during the reference week.
1.4.
Labor Force
Refers to the population 15 years old and over who contribute to the production of
goods and services in the country. It is subdivided into those who are employed and
persons who are unemployed.
1.5.
Labor Force Participation Rate
The proportion of the total number of persons in the labor force to the total population
15 years old and over.
1.6.
Not in the Labor Force
Portion of the people 15 years and older who are neither employed nor unemployed (e.g.,
full-time students, stay-home housewives, retirees, disabled persons, seasonal workers).
1.7.
Part-Time Employment
A person who works less than 40 hours during the reference week.
1.8.
Reference Period
Time period where statistical results are collected and calculated, which under PSA is
1 All definitions were referenced from the Philippine Statistics Authority (PSA).
Philippine Journal of Labor Studies: Vol. I No. 2
121
seven days preceding the date of visit of the enumerator.2
1.9.
Underemployment
Refers to the employed persons who express the desire to have additional hours of work
in their present job or an additional job, or to have a new job with longer working hours.
1.10.
Underemployment Rate
The ratio of the total number of underemployed persons to the total number of employed
persons.
1.11.
Unemployed
Persons 15 years old and over as of their last birthday which are reported as:
• Without work – e.g., had no job or business during the basic survey reference period;
• Currently available for work – e.g., were available and willing to take up work in paid
employment or self-employment during the reference period; and
• Seeking work – e.g., had undertaken efforts to look for a job or establish business
during the survey reference period; or not seeking work due to the following reasons:
1.) tired/believe no work available; 2.) discouraged after looking for work within
the last six months prior to the interview date; 3.) awaiting results of previous job
application; 4.) temporary illness/disability; 5.) bad weather; and 6.) waiting for
rehire/job recall.
1.12.
Unemployment Rate
The proportion of the total number of unemployed persons to the total number of
persons in the labor force.
1.13.
Work
Any economic activity that a person accomplishes for pay in cash or in kind in any
establishment (e.g., office, farm, private home) for profit; or without pay in a family
farm or enterprise; or an
1.14.
Working Age Population
Also called “household population 15 years and over,” is defined as the population 15
years and over at a specified country and time. It is further categorized into persons in
the labor force and those not in the labor force.
1.15.
Youth not in education and not in employment
Total unemployed youth who are not presently attending school plus the total number
of youth not in the labor force who are not currently attending school, as a percentage
share of total youth household population.
Demographic Variables for the Labor Market Data3
This situationer uses the following demographic variables for subcategorizing the labor market data:
Table 1.1: Age Groups, LFS
Age Groups
15 – 24 Years
25 – 34 Years
35 – 44 Years
45 – 54 Years
55 – 64 Years
65 Years and Over
Age Not Reported
2 An enumerator is a person employed in taking a census of the population.
3 PSA Annual LFS Estimates for 2015, 2016 and 2017
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Mansal: Philippine Labor Market Situationer 2015 - 2017
Table 1.2: Educational Attainment Categories, LFS
Educational Attainment
Sub-Category
No Grade Completed
Elementary
Undergraduate
Graduate
High School
Undergraduate
Graduate
Post-Secondary
Undergraduate
Graduate
College
Undergraduate
Graduate
Table 1.3: Classes of Workers, LFS
Class of Worker
Wage and salary workers
Sub-Category
Worked for private household
•
Employed persons working in a private household, in cash or in kind (e.g., domestic
helper, household cook, gardener, family driver).
Worked for private establishment
•
Persons working in a private establishment for pay, in cash or in kind. It also
includes those working for a religious group, missionary, unions, and non-profit
organizations (e.g., public transport drivers on boundary basis, persons working
in public works projects on private contractors, cargo handlers in piers).
Worked for government/government-owned and controlled corporations
•
Persons working for the government or a government corporation or any of its
instrumentalities (e.g., GSIS, Supreme Court).
Worked with pay on own family-operated farm or business
•
Members of the family who receives cash or fixed share of the produce as payment
for his services in a farm or business operated by another member living in the
same household.
Employers
Persons who employ one or more paid employees in the operation of their businesses
or trades.
Unpaid Family Workers
Members of the family who assist another member in the operation of the family farm
or business enterprise and who do not receive any wage or salary for their work.
Self-Employed
Persons who operate their own businesses or trades and do not employ paid workers in
the conduct of their economic activities. It also includes those who worked purely on a
commission basis and do not have regular working hours are included.
Table 1.4: Sectoral Classifications, LFS
Major Industry Group
Sub-Category
Agriculture
•
•
Agriculture, Hunting and Forestry and Logging
Fishing and Aquaculture
Industry
•
•
•
Mining and Quarrying
Manufacturing
Electricity, Gas, Steam and Air Conditioning Supply Water Supply;
Sewerage, Waste Management and Remediation Activities
Construction
•
Philippine Journal of Labor Studies: Vol. I No. 2
123
Services
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Wholesale and Retail Trade; Repair of Motor Vehicles and Motorcycles
Transportation and Storage
Accommodation and Food Service Activities
Information and Communication
Financial and Insurance Activities
Real Estate Activities
Professional, Scientific and Technical Activities
Administrative and Support Service Activities
Public Administration and Defense; Compulsory Social Security
Education
Human Health and Social Work Activities
Arts, Entertainment and Recreation
Other Service Activities
Activities of Households as Employers; Undifferentiated Goods and
Services-producing Activities of Households for Own Use
Activities of Extraterritorial Organizations and Bodies
National Sumamry (2015 – 2017)4
Household Population 15 Years Old and Over
Definition. Refers to population of ages 15 – 64 years old at a specified time, and is also called
as working age population. It is further divided into persons in the labor force and persons not
in the labor force.
Trends and changes.
• Overall. The working age population increased from 64.9 million in 2015 to 68.3 million in
2016, recording a 4.9% growth rate. From 2016 to 2017, it grew again by 2.3% as it ascended
from 68.3 million to 69.9 million. Persons in the labor force climbed from 41.3 million in
2015 to 43.2 million in 2016, a 4.9% percentage increase. It was reduced, however, from 43.2
million in 2016 to 42.8 million in 2017, posting a negative growth rate of 0.9%. Those not
in the labor force continued to increase between 2015 and 2016 (from 23.6 million to 24.9
million) and between 2016 and 2017 (from 24.9 million to 27.1 million).
•
By sex. In 2016 and 2017, there were more males (34.2 million and 35.0 million respectively)
than females in the working age population. In the same years, more than half of the women
in the working age population were not in the labor force (17.3 million and 18.8 million
respectively).
•
Age group. From 2015 to 2017, persons with ages from 15 to 34 years old comprised the
largest proportions, making them the youngest and most productive sector of the working
age population.
•
Regional shares. From 2015 to 2017, the following regions consistently had the largest share
of pie among the people in the working age population: 1.) Region IV-A; 2.) National Capital
Region (NCR); 3.) Region III; 4.) Region VI; and 5.) Region VII.
4 All data in this Labor Market Situationer were referenced from the following: Philippine Statistics Authority (PSA) technical notes, Labor Force Surveys
(LFS), and PSA Annual Labor and Employment Estimates for 2015, 2016, and 2017.
124
Mansal: Philippine Labor Market Situationer 2015 - 2017
Table 2.1 Household Population 15 Years and Over 2015 – 2017 (in thousands except rates)
Indicators
Total
2015
2016
2017
64,936
68,311
69,891
3,375
1,580
4.9
2.3
43,200
42,800
1,858
-400
Change
Growth Rate (%)
Labor Force
41,342
Change
Growth Rate (%)
Not in the Labor Force
23,594
Change
Growth Rate (%)
4.3
-0.9
24,900
27,100
1,306
2,200
5.2
8.1
By Sex
Male
32,417
34,184
35,004
Female
32,519
34,127
34,887
15-24 Years
19,546
19,674
19,709
25-34 Years
14,870
15,097
15,586
35-44 Years
11,624
12,091
12,301
45-54 Years
8,961
9,768
9,994
55-64 Years
5,649
6,626
6,919
65 Years & Over
4,286
5,055
5,382
NCR
8,251
8,919
9,087
Cordillera Administrative Region (CAR)
1,188
1,211
1,241
Region I - Ilocos
3,587
3,417
3,470
Region II - Cagayan Valley
2,332
2,327
2,366
Region III - Central Luzon
7,282
7,555
7,752
Region IV A - CALABARZON
8,576
9,539
9,787
Region IV B - MIMAROPA
2,044
1,997
2,047
Region V - Bicol Region
3,972
3,904
4,017
Region VI - Western Visayas
5,359
5,249
5,354
Region VII - Central Visayas
5,074
5,083
5,193
Region VIII - Eastern Visayas
1,701
3,006
3,084
Region IX - Zamboanga Peninsula
2,294
2,503
2,559
Region X - Northern Mindanao
3,109
3,172
3,254
Region XI - Davao
3,182
3,355
3,438
Region XII - SOCCSKSARGEN
2,798
3,008
3,086
CARAGA
1,791
1,798
1,844
ARMM
2,398
2,266
2,311
By Age
By Region
Source: PSA Annual Labor and Employment Estimates for 2015, 2016, and 2017
Note: Details may not add up to totals due to rounding.
Philippine Journal of Labor Studies: Vol. I No. 2
125
Labor force and Labor Force Participation Rate
Trends and changes.
•
Overall. Between 2016 and 2017, the country’s labor force decreased by around half a million,
which translated to a reduced LFPR of around -2.3%. This means that some people in the
working age population (e.g., older age brackets) have lower employment participation.
•
By sex. In all the years from 2015 to 2017, there were more men (25.1 million, 26.5 million,
and 26.6 million respectively) in the labor force than women (16.3 million, 16.8 million, and
16.1 million respectively). This is attributable to the fact that more women discharge duties
that belong to those not in the labor force (e.g., housewives).
•
Age group. In the same inclusive years, about 50% of the country’s labor force is dominated
by members of the younger age groups, such as those from 15 – 24 years old and 25 – 34
years old.
•
Regional shares. From 2015 to 2017, the following regions constantly had the largest
proportion of persons in the labor force: 1.) Region IV-A (5.5 million, 6.1 million, and 6.2
million respectively); 2.) NCR (5.2 million, 5.6 million, and 5.6 million respectively); 3.)
Region III (4.5 million, 4.7 million, and 4.5 million respectively); 4.) Region VII (3.4 million
in all the inclusive years); and 5.) Region VI (3.4 million in 2015 and 2016, and 3.3 million
in 2017).
Table 2.2 Labor Force and Labor Force Participation Rate 2015 – 2017 (in thousands except rates)
Indicators
2015
2016
2017
41,342
43,361
42,775
63.7
63.5
61.2
Change
-0.2
-2.3
Growth Rate (%)
-0.3
-3.8
Total Labor Force
Labor Force Participation Rate (%)
By Sex
Male
25,062
26,521
26,648
Female
16,280
16,840
16,126
15-24 Years
8,516
8,412
7,913
25-34 Years
11,121
11,274
11,506
35-44 Years
9,178
9,583
9,496
45-54 Years
7,111
7,718
7,657
55-64 Years
3,845
4,466
4,491
65 Years & Over
1,571
1,865
1,711
5,193
5,613
5,552
By Age
By Region
NCR
CAR
126
797
800
778
Region I - Ilocos
2,199
2,119
2,045
Region II - Cagayan Valley
1,562
1,529
1,499
Region III - Central Luzon
4,476
4,693
4,548
Mansal: Philippine Labor Market Situationer 2015 - 2017
Region IV A - CALABARZON
5,528
6,125
6,235
Region IV B - MIMAROPA
1,340
1,305
1,309
Region V - Bicol Region
2,515
2,444
2,414
Region VI - Western Visayas
3,379
3,369
3,297
Region VII - Central Visayas
3,418
3,401
3,378
Region VIII - Eastern Visayas
1,069
1,874
1,860
Region IX - Zamboanga Peninsula
1,434
1,600
1,496
Region X - Northern Mindanao
2,107
2,115
2,076
Region XI - Davao Region
2,043
2,111
2,157
Region XII - SOCCSKSARGEN
1,820
1,933
1,919
CARAGA
1,159
1,143
1,145
1,187
1,066
ARMM
1,304
Source: PSA Annual Labor and Employment Estimates for 2015, 2016, and 2017
Note: Details may not add up to totals due to rounding.
Not in the Labor Force
Trends and changes.
•
Overall. The number of people not in the labor force augmented from 2015 to 2017; increased
by more than a million between 2015 and 2016, and two million between 2016 and 2017.
•
By sex. During the years under consideration, more than half of those people who were
not in the labor force are women (16.2 million, 17.3 million, and 18.8 million respectively).
•
Age group. About half of the people not in the labor force were within the age group 15 –
24 years old, followed by those in the 25 – 34 years old. This means that most the people
who were neither employed nor unemployed were in their younger and productive ages,
comprising the majority of the people not in the labor force.
•
Regional shares. From 2015 to 2017, the following regions constantly had the largest share of
pie among the people in the working age population (not in particular order): 1.) Region IV-A
(3.0 million, 3.4 million, and 3.6 million respectively); 2.) NCR (3.1 million, 3.3 million, and
3.5 million respectively); 3.) Region III (2.8 million, 2.9 million, and 3.2 million respectively);
4.) Region VI (2.0 million, 1.9 million, and 2.1 million respectively); and 5.) Region VII (1.7
million both in 2015 and 2016, and 1.8 million in 2017).
Philippine Journal of Labor Studies: Vol. I No. 2
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Table 2.3 Not in the Labor Force 2015 – 2017 (in thousands except rates)
Indicators
Total
2015
2016
2017
23,594
24,950
27,116
1,356
2,166
5.4
8.0
Change
Growth Rate (%)
By Sex
Male
7,355
7,663
8,325
Female
16,239
17,287
18,791
15-24 Years
10,995
11,277
11,823
25-34 Years
3,751
3,817
4,122
35-44 Years
2,430
2,495
2,847
45-54 Years
1,864
1,996
2,305
55-64 Years
1,817
2,146
2,413
65 Years & Over
2,760
3,219
3,661
NCR
3,057
3,306
3,535
CAR
391
410
463
1,388
1,298
1,425
Region II - Cagayan Valley
769
798
867
Region III - Central Luzon
2,806
2,862
3,204
Region IV A - CALABARZON
3,047
3,413
3,552
By Age
By Region
Region I - Ilocos
Region IV B - MIMAROPA
705
692
738
Region V - Bicol Region
1,457
1,461
1,603
Region VI - Western Visayas
1,980
1,880
Region VII - Central Visayas
1,656
1,683
1,815
Region VIII - Eastern Visayas
632
1,132
1,224
Region IX - Zamboanga Peninsula
860
903
1,063
Region X - Northern Mindanao
1,002
1,057
1,178
Region XI - Davao Region
1,139
1,244
1,281
Region XII - SOCCSKSARGEN
978
1,075
1,167
CARAGA
633
655
699
1,094
1,079
1,245
ARMM
Source: PSA Annual Labor and Employment Estimates for 2015, 2016, and 2017
Note: Details may not add up to totals due to rounding.
128
Mansal: Philippine Labor Market Situationer 2015 - 2017
Employment and Employment Rate
Trends and changes.
•
Overall. The number of employed persons increased by more than two million from 2015 to
2016, which resulted to a modest improvement in the employment rate by 0.8%. However,
the number of employed persons decreased by more than half a million from 2016 to 2017,
resulting to a -0.2% decline in the employment rate. This was caused by the resulting decline
in the number of employed persons in the agriculture sector (from 11.1 million in 2016 to
10.2 million in 2017) and services sector (from 21.1 million in 2016 to 22.7 million in 2017).
•
By sex. There was a moderate improvement of more than half a million in the number of
employed females between 2015 and 2016. However, said development was offset by a sudden
decline of about half a million of employed women between 2016 and 2017. Meanwhile, the
number of employed males continued to rise across the three-year rounds (23.4 million in
2015, and 25.0 million in 2016 and 2017).
•
Age group. The age group 25 – 34 years old generated the most number of employed persons
from 2015 to 2017. It was followed by the age group 35 – 44 years old. It may also be worthy
to note that the values decreased as we go up to the older age brackets. These signified that
the Philippines has a young and productive population of employed persons.
•
Education. Across the years under consideration, these was a significant employment growth
rates for those with elementary, high school, post-secondary and college education. Said
growth rates however were negative for those with no grade completed.
•
Regional shares. From 2015 to 2017, the following regions constantly had the biggest
proportion of employed people: 1.) Region IV-A (5.1 million, 5.7 million, and 5.8 million
respectively); 2.) NCR (4.8 million, 5.2 million, and 5.1 million respectively); 3.) Region III
(4.1 million, 4.4 million, and 4.2 million respectively); 4.) Region VII (3.2 million for all
the years under consideration); and 5.) Region VI (3.2 million for 2015 and 2016, and 3.1
million for 2017).
•
By industry. In all the years under consideration, significant employment expansions were
observed in the industry sector (6.3 million, 7.1 million, and 7.4 million respectively) and
the services sector between 2015 and 2016 (from 21.1 million to 22.8 million respectively).
However, employment losses occurred as a result of the decline in the agriculture sector in
all years from 2015 to 2017 (11.3 million, 11.1 million, and 10.2 million respectively) and
services sector between 2016 and 2017 (from 22.8 million to 22.7 million).
•
By class of worker. From 2015 to 2017, there is a notable increase in the number of selfemployed (10.7 million, 11.1 million, and 11.2 million respectively) and employer (1.2
million, 1.4 million and 1.5 million respectively) categories of workers. The number of wage
and salary workers increased from 2015 to 2016 (23.0 million to 25.3 million) but eventually
decreased from 2016 to 2017 (25.3 million to 25.2 million) due to a corresponding decline
in the private household workers (from 2.1 million to 1.9 million).
•
By occupation. All throughout the years under consideration, employment gainers by
occupation were as follows: (1) Farmers, forestry workers and fishermen (5.0 million, 5.1
million, and 5.4 million respectively); (2) Sales workers (4.9 million, 5.9 million, 6.1 million
respectively); (3) Trades and related workers (2.6 million, 2.9 million, and 3.2 million
respectively); (4) Plant and machine operators (2.1 million, 2.3 million, and 2.5 million
respectively); (5) Professionals (2.0 million in 2015 and 2016, and 2.1 million in 2017); and (6)
Philippine Journal of Labor Studies: Vol. I No. 2
129
Technicians and associate professionals (1.0 million, 1.3 million, and 1.5 million respectively).
Their huge gains offset the losses among the laborers and unskilled workers (12.2 million,
11.3 million, and 10.5 million respectively); officials of the government, corporate executives,
managers and supervisors (from 7.0 million in 2016 to 6.5 million in 2017); clerk (from 2.5
million in 2015 to 1.8 million in 2016); and armed forces and special occupations (116 000,
82 000, and 81 000 respectively).
Table 2.4 Employed and Employment Rate 2015 – 2017 (in thousands except rates)
Indicators
2015
2016
2017
38,741
40,998
40,334
93.7
94.5
94.3
Change
0.8
-0.2
Growth Rate (%)
0.8
-0.2
Employed Persons
Employment Rate (%)
By Sex
Male
23,406
25,035
25,047
Female
15,335
15,963
15,287
15-24 Years
7,245
7,257
6,776
25-34 Years
10,344
10,577
10,769
35-44 Years
8,910
9,348
9,236
45-54 Years
6,935
7,544
7,502
55-64 Years
3,758
4,387
4,396
65 Years & Over
1,550
1,845
1,694
577
574
599
By Age
By Educational Attainment
No Grade Completed
Elementary
10,583
11,148
10,717
Undergraduate
5,227
5,793
5,763
Graduate
5,356
5,355
4,954
High School
Undergraduate
4,841
5,240
5,264
Graduate
11,078
11,790
11,429
Post-Secondary
Undergraduate
264
255
226
1,566
1,759
1,682
Undergraduate
3,558
3,877
4,171
Graduate
6,275
6,354
6,248
22,973
25,255
25,209
Graduate
College
By Class of Worker
Wage and Salary Workers
Private Household
1,976
2,091
1,936
Private Establishment
17,666
19,679
19,764
116
123
121
With Pay (Family Oriented Activity)
130
Mansal: Philippine Labor Market Situationer 2015 - 2017
Worked for Gov’t/Gov’t Corp
3,216
3,321
3,388
Employer
1,201
1,394
1,492
Unpaid Family Worker
3,874
3,280
2,420
Self-Employed
10,693
11,110
11,213
Officials of the Government and Special Interest
Organizations corporate Executives Managers
Managing Proprietors and Supervisors
6,276
7,011
6,494
Professionals
1,976
1,968
2,138
Technicians and Associate Professionals
1,046
1,312
1,533
Clerks
2,479
1,804
2,299
Service Workers and Shop and Market Sale
Workers
4,920
5,945
6,050
Farmers Forestry Workers and Fishermen
4,998
5,125
5,445
Trades and Related Workers
2,596
2,870
3,186
Plant and Machine Operators and Assemblers
2,092
2,255
2,541
Laborers and Unskilled Workers (Elementary
Occupations)
12,242
11,274
10,527
116
82
81
-
1,435
-
NCR
4,752
5,239
5,141
CAR
759
765
745
Region I - Ilocos
2,014
1,988
1,864
Region II - Cagayan Valley
1,512
1,482
1,452
Region III - Central Luzon
4,126
4,383
4,247
Region IV A - CALABARZON
5,085
5,687
5,800
Region IV B - MIMAROPA
1,296
1,252
1,247
Region V - Bicol Region
2,373
2,331
2,303
Region VI - Western Visayas
3,195
3,208
3,119
Region VII - Central Visayas
3,215
3,234
3,224
Region VIII - Eastern Visayas
1,011
1,790
1,778
Region IX - Zamboanga Peninsula
1,384
1,540
1,437
Region X - Northern Mindanao
1,989
2,004
1,966
Region XI - Davao
1,925
2,016
2,052
Region XII - SOCCSKSARGEN
1,756
1,854
1,843
CARAGA
1,092
1,086
1,087
ARMM
1,259
1,140
1,029
By-Occupation
Armed Forces and Special Occupations
Others
By Region
Philippine Journal of Labor Studies: Vol. I No. 2
131
2015
2016
2017
11,312
11,070
10,245
Agriculture Hunting and Forestry
9,956
9,799
2,305
Fishing and Aquaculture
1,317
1,271
307
6,276
7,134
7,381
232
205
202
3,216
3,403
3,469
Electricity, gas stream, and air conditioning
supply
77
82
81
Water supply, sewerage, waste management
and remediation activities
39
82
81
2,712
3,362
3,549
21,191
22,796
22,708
Wholesale and Retail Trade; Repair of Motor
Vehicles and Motorcycles
7,322
8,036
7906
Transportation and Storage
2,789
3,034
3146
Accommodation and Food Service Activities
1,795
1,763
1734
Information and Communication
387
369
403
Financial and Insurance Activities
504
533
524
Real Estate Activities
194
205
202
Professionals, Scientific and Technical
Activities
194
205
242
Administrative and Support Service Activities
1,123
1,353
1,492
Public Administration and Defense;
Compulsory Social Security
2,092
2,214
2,420
Education
1,278
1,312
1,210
Human Health and Social Work Activities
504
492
12,585
Arts, Entertainment and Recreation
349
369
323
2,479
2,911
2,702
232
0
0
0
0
KEY SECTORS
Agriculture
Industry
Mining and quarrying
Manufacturing
Construction
Services
Other Service Activities
Activities of Household as Employers;
Undifferentiated Goods and Service-producing
Activities of Household for Own Use
Activities of Extraterritorial Organizations and
0
Bodies
Source: PSA Annual Labor and Employment Estimates for 2015, 2016, and 2017
Note: Details may not add up to totals due to rounding.
132
Mansal: Philippine Labor Market Situationer 2015 - 2017
Full-time and part-time employment
Trends and changes.
Table 2.5.1 Full-Time and Part-Time Employment 2015 – 2017 (in thousands except rates)
2015
2016
2017
Employed Persons
Indicators
38,741
40,998
40,334
Full Time (worked 40 hours and over)
24,407
27,239
26,314
2,832
-925
Change
Growth Rate (%)
10.4
-3.5
13,760
14,020
Change
-573
260
Growth Rate (%)
-4.2
1.9
Part Time (worked less than 40 hours)
14,333
Source: PSA Annual Labor and Employment Estimates for 2015, 2016, and 2017
Note: Details may not add up to totals due to rounding.
Full-time work
•
Overall. Between 2015 and 2016, full-time workers increased by almost three million (from
24.4 million to 27.2 million). In 2017 however, it decreased by almost a million (from 27.2
million to 26.3 million).
•
By sex. There were more male workers (14.8 million, 16.8 million and 16.4 million
respectively) who worked full time than female workers (9.6 million, 10.4 million, and 10.0
million respectively) during all the years under consideration.
•
Regional shares. The top regions with the biggest share of full-time workers from 2015 to
2017 were the following: 1.) NCR (3.9 million, 4.5 million, and 4.3 million respectively); 2.)
Region IV-A (3.6 million, 4.3 million, and 4.2 million respectively); and 3.) Region III (3.0
million, 3.3 million, and 3.1 million respectively).
•
By industry. Among the three biggest industries, the services sector had the largest proportion
of full-time workers, although the number declined from 2016 to 2017 (from 17.4 million
in 2016 to 17.1 million in 2017, while 2015 recorded 15.9 million). It was followed by the
industry sector (4.9 million, 5.9 million, and 5.8 million respectively) and the agriculture
sector (3.7 million, 4.0 million, and 3.3 million), both of which experienced the same decline
as well in full-time workers from 2016 to 2017.
•
By class of worker. From 2015 to 2017, the wage and salary workers comprised the largest
numbers of full-time workers (17.5 million, 19.9 million and 19.4 million respectively) due
to the corresponding huge number of full-time workers in the private establishments (13.5
million, 15.7 million, and 15.4 million respectively). It was followed by those who were
self-employed (5.2 million, 5.7 million and 5.5 million respectively), unpaid family workers
(1.1 million, 1.0 million, and 632 thousand respectively), and employers (586 thousand, 681
thousand, and 737 thousand respectively).
Philippine Journal of Labor Studies: Vol. I No. 2
133
Table 2.5.2 Full-Time Employment 2015 – 2017 (in thousands except rates)
Indicators
2015
2016
2017
24,407
27,239
26,314
Male
14,836
16,834
16,350
Female
9,571
10,404
9,964
Agriculture
3,685
3,950
3,342
Industry
4,857
5,856
5,815
Service
15,865
17,433
17,130
Wage and Salary Workers
17,451
19,857
19446
Private Household
1,391
1,443
1289
Private Establishment
13,497
15,662
15394
73
109
79
2,490
2,642
2684
586
681
737
Unpaid Family Worker
1,123
1,035
632
Self-Employed
5,248
5,666
5500
Officials of the Government and Special
Interest Organizations corporate Executives
Managers Managing Proprietors and
Supervisors
4,466
4,930
4,631
Professionals
1,708
1,689
1,842
FULL TIME
By Sex
By Industry
By Class of Worker
With Pay (Family Oriented Activity)
Worked for Gov’t/Gov’t Corp
Employer
By-Occupation
Technicians and Associate Professionals
757
1,008
1,184
Clerks
2,245
1,689
2,105
Service Workers and Shop and Market Sale
Workers
3,588
4,522
4,500
Farmers Forestry Workers and Fishermen
1,464
1,580
1,553
Trades and Related Workers
2,001
2,315
2,447
Plant and Machine Operators and
Assemblers
1,733
1,879
2,052
Laborers and Unskilled Workers
6,370
6,374
5,947
98
82
79
-
1,171
3,859
4,475
Special Occupation
Others
By Region
NCR
CAR
Region I - Ilocos
489
507
515
1,264
1,286
1,199
Region II - Cagayan Valley
822
850
846
Region III - Central Luzon
3,042
3,328
3,136
Region IV A - CALABARZON
3,591
4,285
4,199
Region IV B - MIMAROPA
Region V - Bicol Region
134
4,328
Mansal: Philippine Labor Market Situationer 2015 - 2017
656
667
656
1,208
1,209
1,226
Region VI - Western Visayas
1,884
1,975
1,938
Region VII - Central Visayas
1,918
1,994
1,966
Region VIII - Eastern Visayas
495
982
924
Region IX - Zamboanga Peninsula
750
873
798
Region X - Northern Mindanao
1,123
1,180
1,157
Region XI - Davao
1,223
1,375
1,366
Region XII - SOCCSKSARGEN
869
996
958
CARAGA
601
623
570
ARMM
614
634
531
Source: PSA Annual Labor and Employment Estimates for 2015, 2016, and 2017
Note: Details may not add up to totals due to rounding.
Part-time work
•
Overall. Part-time workers decreased between 2015 and 2016 (from 14.3 million to 13.8
million) and then increased from 2016 to 2017 (from 13.8 million to 14 million).
•
By sex. Similar with the trends observed in the full-time workers, there were more male
workers (8.6 million, 8.2 million and 8.7 million respectively) who worked part time than
female workers (5.8 million, 5.6 million, and 5.3 million respectively) from 2015 to 2017.
•
Regional shares. The top five regions with the biggest share of part-time workers from 2015
to 2017 were the following: 1.) Region IV-A; 2.) Region VII; and 3.) Region VI.
•
By industry. Among the three biggest industries, the agriculture sector had the largest
proportion of part-time workers, although the number declined from 2015 to 2017 (7.6
million, 7.1 million, and 6.9 million respectively). It was followed by the services sector
which was characterized by rising rates from 2015 to 2017 (5.3 million in 2015 and 2016,
and 5.6 million in 2017). Finally, it was followed by the industry sector (1.4 million, 1.3
million, and 1.5 million).
•
By class of worker. From 2015 and 2017, the wage and salary workers comprised the largest
numbers of part-time workers (5.5 million and 5.8 million respectively) resulting from the
huge proportion of part-time workers in the private establishments (4.2 million, 4.0 million,
and 4.4 million respectively), although its number declined in 2016 (from 5.5 million to 5.4
million) due to the corresponding drop in the private establishment (from 4.2 million to 4.0
million). It was followed by those who are self-employed (5.4 million both in 2015 and 2016,
and 5.7 million in 2017), unpaid family workers (2.7 million, 2.3 million, and 1.8 million
respectively), and employers (635 thousand, 698 thousand, and 763 thousand respectively).
Philippine Journal of Labor Studies: Vol. I No. 2
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Table 2.5.3 Part-Time Employment 2015 – 2017 (in thousands except rates)
Indicators
2015
2016
2017
14,333
13,760
14,018
Male
8,571
8,201
8,716
Female
5,763
5,559
5,302
Agriculture
7,602
7,124
6,915
Industry
1,428
1,294
1,547
Service
5,303
5,338
5,558
5,500
5,384
5,763
581
659
621
PART TIME
By Sex
By Industry
By Class of Worker
Wage and Salary Workers
Private Household
Private Establishment
4,173
4,024
4,381
With Pay (Family Oriented Activity)
31
26
42
Worked for Gov’t/Gov’t Corp
704
668
710
Employer
635
698
763
Unpaid Family Worker
2,739
2,260
1,789
Self-Employed
5,440
5,424
5,705
1,837
2,063
1866
Professionals
291
273
302
Technicians and Associate Professionals
274
284
353
Clerks
248
124
192
Service Workers and Shop and Market Sale
Workers
1,327
1,407
1568
Farmers Forestry Workers and Fishermen
By-Occupation
Officials of the Government and Special
Interest Organizations corporate Executives
Managers Managing Proprietors and
Supervisors
3,544
3,533
3872
Trades and Related Workers
602
563
756
Plant and Machine Operators and
Assemblers
351
369
504
5,837
4,899
4592
28
15
7
-
236
-
NCR
893
764
813
CAR
270
258
230
Region I - Ilocos
750
702
665
Laborers and Unskilled Workers
Special Occupation
Others
By Region
Region II - Cagayan Valley
690
632
605
Region III - Central Luzon
1,083
1,055
1,110
Region IV A - CALABARZON
1,493
1,403
1,601
Region IV B - MIMAROPA
Region V - Bicol Region
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640
585
591
1,166
1,121
1,078
Region VI - Western Visayas
1,310
1,233
1,181
Region VII - Central Visayas
1,297
1,239
1,258
Region VIII - Eastern Visayas
517
809
854
Region IX - Zamboanga Peninsula
634
666
639
Region X - Northern Mindanao
866
824
808
Region XI - Davao
702
641
686
Region XII - SOCCSKSARGEN
887
858
885
CARAGA
491
463
517
ARMM
645
506
498
Source: PSA Annual Labor and Employment Estimates for 2015, 2016, and 2017
Note: Details may not add up to totals due to rounding.
Underemployment
Trends and changes.
•
Overall. The number of underemployed persons increased from 2015 to 2016 (from 7.2
million to 7.5 million) and then decreased again from 2016 to 2017 (from 7.5 million to 6.5
million). Nonetheless, the underemployment rate continued to drop throughout the years
under consideration (18.5, 18.3, and 16.1 respectively), a positive signal for the labor market.
•
By sex. There are more underemployed males (4.9 million, 5.2 million and 4.5 million) than
females (2.3 million in 2015 and 2016, and 2.0 in 2017) from 2015 to 2017.
•
Regional shares. In 2015, Region VIII had the highest underemployment rate at 31.7%
followed by the Region V at 31.5%. In 2016, the pattern was reversed, with Region V having
the highest unemployment rate at 30.3% followed by the Region VIII at 29.7%. During 2017,
Region V remained as the region with the highest underemployment rate at 27.6%, followed
by Region IV-B at 23.7%.
•
By industry. From 2015 to 2016, the service sector (from 3.0 million to 3.3 million) had the
highest underemployment rate, followed by the agriculture sector (from 2.9 million to 2.8
million), then the industry sector (from 1.3 million to 1.4 million). On the other hand, from
2016 to 2017, the agriculture industry (from 2.8 million to 2.5 million) topped the major
sectors, followed by the services sector (from 3.3 million to 2.3 million), and finally, by the
industry sector (from 1.4 million to 1.7 million).
•
By occupation. In terms of occupations, unemployment was most observable among the (1)
Laborers and unskilled workers (2.7 million, 2.5 million, and 2.1 million respectively); and
(2) Farmers, forestry workers and fishermen (1.3 million in 2015 and 2016, and 1.1 million
in 2017)
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Table 2.6 Underemployed and Underemployment Rate 2015 – 2017 (in thousands except rates)
Indicators
2015
2016
2017
Underemployed
7,180
7,513
6,506
Underemployment rate (%)
18.5
18.3
16.1
Change
-0.2
-2.2
Growth Rate (%)
-1.1
-13.7
By Sex
Male
4,897
5,176
4,466
Female
2,283
2,337
2,040
Agriculture
2,908
2,842
2,537
Industry
1,271
1,354
1,711
Service
3,001
3,283
2,258
Officials of the Government and Special
Interest Organizations corporate Executives
Managers Managing Proprietors and
Supervisors
969
1,112
898
Professionals
151
165
169
Technicians and Associate Professionals
172
195
195
Clerks
237
165
221
Service Workers and Shop and Market Sale
Workers
696
856
826
Farmers Forestry Workers and Fishermen
1,285
1,315
1,106
Trades and Related Workers
560
563
638
Plant and Machine Operators and
Assemblers
337
346
397
2,728
2,547
2,056
14
15
7
-
225
-
Underemployed
474
458
479
Underemployment Rate
10.0
8.8
9.3
Underemployed
158
177
110
Underemployment Rate
20.8
23
14.8
By Industry
By-Occupation
Laborers and Unskilled Workers
Special Occupation
Others
By Region
NCR
CAR
Region I - Ilocos
Underemployed
340
346
370
Underemployment Rate
16.9
17.5
19.9
Region II - Cagayan Valley
Underemployed
168
190
197
Underemployment Rate
11.1
12.7
13.6
Region III - Central Luzon
138
Mansal: Philippine Labor Market Situationer 2015 - 2017
Underemployed
555
706
485
Underemployment Rate
13.5
16.1
11.4
Region IV A - CALABARZON
Underemployed
925
887
810
Underemployment Rate
18.2
15.5
14
Region IV B - MIMAROPA
Underemployed
269
273
296
Underemployment Rate
20.8
21.8
23.7
Underemployed
749
705
637
Underemployment Rate
31.5
30.3
27.6
Underemployed
681
618
521
Underemployment Rate
21.3
19.1
16.7
Underemployed
592
477
566
Underemployment Rate
18.4
14.8
17.5
Region V - Bicol Region
Region VI - Western Visayas
Region VII - Central Visayas
Region VIII - Eastern Visayas
Underemployed
321
535
403
Underemployment Rate
31.7
29.7
22.6
Region IX - Zamboanga Peninsula
Underemployed
256
346
249
Underemployment Rate
18.5
22.4
17.3
Underemployed
496
559
365
Underemployment Rate
24.9
27.9
18.6
Underemployed
365
339
365
Underemployment Rate
18.9
16.7
17.8
Underemployed
407
440
331
Underemployment Rate
23.2
23.8
17.9
Region X - Northern Mindanao
Region XI - Davao
Region XII - SOCCSKSARGEN
CARAGA
Underemployed
286
304
251
Underemployment Rate
26.2
27.8
23.1
140
154
72
Underemployment Rate
11.1
Source: PSA Annual Labor and Employment Estimates for 2015, 2016, and 2017
Note: Details may not add up to totals due to rounding.
13
7
ARMM
Underemployed
Philippine Journal of Labor Studies: Vol. I No. 2
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Unemployment and Unemployment Rate
Trends and changes.
•
Overall. The number of unemployed persons (from 2.6 million to 2.4 million) declined from
2015 to 2016, resulting to a corresponding drop as well in the unemployment rate (from
6.3% to 5.5%) during the said years. From 2016 to 2017, however, the number of unemployed
persons and unemployment rate increased moderately from 2.36 million to 2.44,5 and from
5.5% to 5.7%, respectively.
•
By sex. There were more unemployed men (1.7 million, 1.5 million, and 1.6 million
respectively) than women (950 thousand, 877 thousand, and 840 thousand) from 2015 to 2017.
•
Age group. The age group 15 – 24 (1.3 million, 1.1 million, and 1.3 million respectively)
recorded the most number of unemployed persons followed by those in the 25 – 34 years
old bracket (801 thousand, 692 thousand, and 801 thousand respectively).
•
Education. There is a notable number of unemployed persons per educational level, with
those in high school level (1.2 million, 1.0 million, and 1.1 million respectively) having the
highest numbers.
•
Regional shares. In 2015, the NCR topped as the region with the highest unemployment
rate, at 8.5%. In 2016, the Region IV-A has the highest rate at 7.2%, and in 2017, the Region
I recorded the highest unemployment rate at 8.9%.
Table 2.7 Unemployment and Unemployment Rate 2015 – 2017 (in thousands except rates)
Indicators
Unemployed
Unemployment rate (%)
2015
2016
2017
2,602
2,363
2,441
5.5
5.7
Change
6.3
-0.8
0.2
Growth Rate (%)
-14.5
3.5
1,700
1,486
1,601
950
877
840
15-24 Years
1,274
1,137
1,275
25-34 Years
801
692
801
35-44 Years
270
255
271
45-54 Years
161
172
161
55-64 Years
75
85
75
65 Years & Over
16
24
16
By Sex
Male
Female
By Age
By Educational Attainment
No Grade Completed
Elementary
9
16
16
314
304
326
5 Note: The two figures were rounded off to two decimal places for comparison of differences, although technically, both can be rounded off to 2.4 million under one decimal
place.
140
Mansal: Philippine Labor Market Situationer 2015 - 2017
Undergraduate
150
151
168
Graduate
164
153
159
1,160
1,011
1,070
Undergraduate
288
273
285
Graduate
872
738
785
209
200
203
31
28
24
High School
Post-Secondary
Undergraduate
Graduate
178
172
179
908
832
825
Undergraduate
340
328
346
Graduate
568
504
479
NCR
441
374
411
CAR
38
35
33
Region I - Ilocos
185
131
181
Region II - Cagayan Valley
50
47
47
Region III - Central Luzon
350
310
302
Region IV A - CALABARZON
444
438
435
Region IV B - MIMAROPA
44
53
63
Region V - Bicol Region
142
113
110
Region VI - Western Visayas
184
162
178
Region VII - Central Visayas
203
167
154
Region VIII - Eastern Visayas
58
84
82
Region IX - Zamboanga Peninsula
50
60
59
Region X - Northern Mindanao
118
111
110
Region XI - Davao
118
95
105
Region XII - SOCCSKSARGEN
64
79
76
CARAGA
66
57
58
ARMM
46
47
37
NCR
8.5
6.6
7.4
CAR
4.8
4.5
4.3
Region I - Ilocos
8.4
6.3
8.9
Region II - Cagayan Valley
3.2
3.1
3.2
Region III - Central Luzon
7.8
6.6
6.6
8
7.2
7.0
Region IV B - MIMAROPA
3.3
4.1
4.8
Region V - Bicol Region
5.6
4.7
4.6
Region VI - Western Visayas
5.4
4.9
5.4
Region VII - Central Visayas
5.9
5
4.5
College
No. of Unemployed
Unemployment Rate
Region IV A - CALABARZON
Philippine Journal of Labor Studies: Vol. I No. 2
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Region VIII - Eastern Visayas
5.4
4.5
4.4
Region IX - Zamboanga Peninsula
3.5
3.9
4.0
Region X - Northern Mindanao
5.6
5.3
5.3
Region XI - Davao
5.8
4.5
4.9
Region XII - SOCCSKSARGEN
3.5
4.2
4.0
CARAGA
5.7
5.1
5.1
ARMM
3.5
3.8
3.4
Source: PSA Annual Labor and Employment Estimates for 2015, 2016, and 2017
Note: Details may not add up to totals due to rounding.
Youth Not in Employment and not Involved in Further Education or Training (NEET)
Trends and changes.
•
Overall. The number of youth not in employment and not involved in further education or
training (NEET) eased by about 85,000 between 2015 and 2016, and about 80,000 between
2016 and 2017. The decline in figures signifies a better labor market that provides employment
opportunities for the country’s young population.
•
By sex. In all the years under consideration, there were more females (2.7 million, 2.8 million,
and 2.7 million respectively) to have been NEET than males (1.7 million, 1.6 million, and
1.5 million respectively).
Table 2.8 8. Youth Not in Employment and not Involved in Further Education or Training 2015 – 2017
(in thousands except rates)
Indicators
Total
2015
2016
2017
4,439
4,354
4,274
Change
-85
-80
Growth Rate (%)
-2.0
-1.9
By Sex
Male
1,695
1,558
1,545
Female
2,744
2,796
2,729
Source: PSA Decent Work Statistics for 2015, 2016, and 2017
Note: Details may not add up to totals due to rounding.
Employment Challenges
1.
The number of women that are not part of the labor force remain high. Across the years shown
in this labor market situationer, females who were not part of the labor force constituted more
than twice the male people not in the labor force. This means that there remains a disparity in
terms of better access to employment opportunities between men and women.
2.
The number of employed persons in the agriculture sector continues to decline. From 2015 to
2017, people who were employed in the agriculture sector such as hunting, forestry, fishing, and
aquaculture decreases. 2016 to 2017 had witnessed how such decline in this sector resulted to
significant losses in the total number of employed persons and employment rate in 2017.
3.
142
There might be an imminent threat of rising number of unemployed persons and unemployment
rate in the future. This is supported by their increasing values from 2.36 million to 2.44 million
Mansal: Philippine Labor Market Situationer 2015 - 2017
(unemployed persons) and 5.5 to 5.7 (unemployment rate) from 2016 to 2017. This might be
resulting from low employment opportunities for female workers (by gender); older age brackets,
such as those from 55 – 65 years old and over (by age); no grade completed and elementary level (by
educational attainment); and some regions such as Cordillera Administrative Region (CAR), Region
II, and Region IV-A.
4.
Youth unemployment remains a challenge in the economy. Data from 2015 to 2017 revealed that
working age persons who belong to the age bracket 15 to 24 years old have the highest proportion
of unemployed people and unemployment rate. This means that the youth sector needs more
interventions such as assistance for school-to-work transition, provision of access to employment
opportunities, among others.
5.
Amid declining trend in underemployment rate, the number of underemployed persons in the
country remain high. In fact, the number of underemployed persons rose in 2015 from 7.2 million
to 7.5 million, although it fell again in 2017 at 6.5 million. Such types of workers look for additional
jobs or hours of work because either they are poorly paid in their respective workplaces, there is
an existing job and skills mismatch, no available regular or full-time employment, among others.
6.
More than 1/3 of the total number of employed persons from 2015 to 2017 are still part-time
workers. This is manifested in 2015 were there are 38.8 million employed persons with 14.3 million
part-time workers; 41.0 million employed persons in 2016 with 13.8 million part-time workers;
and 40.3 million in 2017 having 14.0 million part-time workers. Soaring part-time employment in
the country’s labor market system contributes to underemployment as employees are not working
within their desired capacity and matched skills.
RECOMMENDATIONS AS HIGHLIGHTED IN THE PDP 2017-2022
1.
PDP Chapter 8: Expanding Opportunities in Agriculture, Forestry, and Fisheries (AFF)
•
•
•
•
•
2.
PDP Chapter 9: Expanding Economic Opportunities in Industry and Services through Trabaho at Negosyo
•
•
•
•
3.
Support linkages between micro, small and medium enterprises (MSMEs) and large corporations
to facilitate increased participation of the former in global value chains.
Develop more inclusive business models and social enterprises.
Streamline and simplify loan processes for MSMEs, cooperatives, and OFs.
Provide financial literacy training for MSMEs, cooperatives, and OFs and their families.
PDP Chapter 10: Accelerating Human Capital Development
•
•
•
•
•
4.
Accelerate construction of disaster- and climate-resilient small-scale irrigation systems and
improve existing ones
Expand AFF-based enterprises through new and innovative production and marketing schemes.
Strengthen community-based enterprises in upland areas.
Organize small farmers and fisherfolk into formal groups and farms into clusters to create
economies of scale (the lessening of costs due to an increased level of production).
Provide non-farm livelihood options, especially to seasonal farm and fishery workers, whose
incomes are irregular and who are vulnerable to shocks.
Implement programs that encourage women to participate in the labor market.
Strengthen the inclusion programs to reach stakeholders outside the formal education system
Enhance community-based training for special groups.
Provide access to quality and relevant Technical-Vocational Education and Training (TVET)
opportunities
Expand access to higher education.
PDP Chapter 11: Reducing Vulnerability of Individuals and Families
Philippine Journal of Labor Studies: Vol. I No. 2
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•
Adopt and institutionalize the social protection floor.
REFERENCES
(2016). 2015 Annual LFS Estimates Tables. Quezon City: PSA. Retrieved from http://www.psa.gov.ph/
content/2015-annual-lfs-estimates-tables
(2017). 2016 Annual LFS Estimates Tables. Quezon City: PSA. Retrieved from https://psa.gov.ph/
content/2016-annual-lfs-estimates-tables
(2018). 2017 Annual LFS Estimates Tables. Quezon City: PSA. Retrieved from http://www.psa.gov.ph/
content/2017-annual-lfs-estimates-tables
Bersales, L. G. (2015). 2015 Annual Labor and Employment Status (Preliminary results of the 2015
annual estimates). Quezon City: PSA. Retrieved from https://psa.gov.ph/content/2015-annuallabor-and-employment-status-preliminary-results-2015-annual-estimates
Bersales, L. G. (2017). 2017 Annual Labor and Employment Status. Quezon City: PSA. Retrieved from
https://psa.gov.ph/content/2017-annual-labor-and-employment-status
(n.d.). Decent Work Statistics. Quezon City: PSA. Retrieved from http://dews.psa.gov.ph/Resources/
Summary/ELEMENT%202_summary.pdf
(2017). Philippine Development Plan 2017-2022. Pasig City: National Economic and Development
Authority.
(2011). Primer on Labor Force Survey (LFS). Quezon City: Bureau of Labor and Employment Statistics
(BLES), National Statistics Office (NSO).
Recide, R. S. (2016). 2016 Annual Labor and Employment Status. Quezon City: PSA. Retrieved from
https://psa.gov.ph/content/2016-annual-labor-and-employment-status
Riguer, M. G. (2015). Philippine Labor Market Factbook 2013-2015. Manila: Institute for Labor Studies.
(n.d.). Technical Notes on the Labor Force Survey. Quezon City: PSA. Retrieved from https://psa.gov.
ph/article/technical-notes-labor-force-survey2012-08-16-1659
(n.d.). Transforming Our World: The 2030 Agenda for Sustainable Development. United Nations.
144
Mansal: Philippine Labor Market Situationer 2015 - 2017
National Green Jobs Human Resource Development Plan 2019-2022
Employment Research Division
INTRODUCTION
Background
1.
The formulation of the National Green Jobs Human Resource Development Plan 2019-2022 (NGJ
HRD 2019-2022) follows the series of eight (8) multipartite consultations1 organized by the
Department of Labor and Employment (DOLE) in performance of its mandate under the Republic
Act (R.A.) No. 10771 or the Philippine Green Jobs Act of 2016.
2.
The primary objective of the NGJ HRD 2019-2022 is to enable and sustain “the transition into a
green economy and the generation of green jobs toward more employment and equal opportunities
and the promotion of social justice and workers’ welfare.” R.A. 10771 also mandates that “programs,
projects, and activities pertaining to basic, higher and technical-vocational education and training,
database that identifies and links green job opportunities with private and public entities, and
information on knowledge and skill requirements of a green economy” be included as well in
the Plan.
3.
NGJ HRD 2019-2022 is an evolving document. It attempts to capture the country’s challenges
and current initiatives of shifting to green economy. The Plan provides the broad direction for
the creation and sustaining of green jobs, and serves as a roadmap for stakeholders in developing
and sustaining human resources to ensure just transition, anticipate green skills, and minimize
the risks.
The National Development Framework
4.
The Philippine Green Jobs Act of 2016 is the first piece of legislation in the country designed
specifically to generate, sustain and incentivize “green jobs.” The law lays down the principles in
which the law shall be implemented:
• Affirm labor as a primary social economic force in promoting sustainable development;
•
Afford full protection to labor, local and overseas, organized and unorganized;
•
Promote full and productive employment and equality of employment opportunities for
all; and
•
Promote the rights of the people to a balanced and healthful ecology in accord with the
rhythm and harmony of nature.
5.
Guided by these principles, the law shall: provide fiscal and non-fiscal incentives; develop human
resources and ensure that workers’ rights and welfare are promoted and protected; and engage
government institutions to provide enabling environment for the creation and sustaining of green
jobs.
6.
The law defines green jobs as “employment that contributes to preserving or restoring the quality
of the environment” and that they are also “decent jobs that are productive, respect the rights of
workers, deliver a fair income, provide security in the workplace and social protection for families,
and promote social dialogue.”
1 The formulation of the National Green Jobs Human Resource Development Plan was spearheaded by the Institute for Labor Studies (ILS) of DOLE in consultation
with stakeholders from different government agencies, private sector, labor groups, the academe and non-government organizations, with support from the Interational
Labour Organization (ILO).
Eight multipartite consultations were conducted. The first consultation was with representatives of government agencies mandated by R.A. 10771 to perform specific
roles in implementing the law. Seven consultation sessions were conducted with stakeholders from key employment generating sectors – agriculture, manufacturing,
solid waste management, energy, tourism, transportation, construction, mining and quarrying – and the education, health and financial institutions.
Philippine Journal of Labor Studies: Vol. I No. 2
145
7.
The concept of green jobs has two dimensions. One is the environmentally sustainable activities,
products and services which fall into one or more of the following: mitigation actions (activities,
products and services to reduce emissions of greenhouse gases); adaptation to climate change
and disaster risk management; protection of the ecosystems and habitats and prevention of
land degredation from human activities; efficiency of water and natural resource management;
pollution prevention and control; environmental compliance; education and training; and public
awareness.
8.
The other dimension is the concept of decent work, with the following parameters aligned with
fundamental ILO conventions, the Labor Code of the Philippines, and existing Department
Orders promulgated by DOLE: a) rules and regulation on minimum wage, where these are applied
(formal sector); b) freedom of association and the effective recognition of the right to collective
bargaining; c) elimination of all forms of forced and compulsory labour; and d) elimination of
discrimination in respect of employment and occupation.
9.
The law primarily recognizes that green jobs are created when business enterprises adopt processes,
produce products and services that conserve and manage the environment, and improve human
well-being and social equity. To encourage business enterprises to generate and sustain jobs, the
law provides fiscal and non-fiscal incentives: special deduction from taxable income equivalent to
50% for skills training and research and development expenses, and tax and duty free importation
of capital equipment.
10. The law further recognizes that green jobs are created when all sectors – both public and private
– take on a whole-of-society approach to pursue a sustainable and green economy. The law
identified and laid down the mandates of 21 government agencies, including DOLE, to contribute
in generating and sustaining green jobs.
11. The prospects of creating jobs are addressed in the Philippine Development Plan (PDP) 2017-2022.
The PDP outlines the government’s medium-term policy priorities in achieving more inclusive
growth.
Other relevant concepts: Sustainable development and the need for just transition
12. Sustainable development is “development that meets the needs of the present without compromising
the ability of future generations to meet their own needs” (United Nations General Assembly,
1987, p. 43). This is “a framework for the integration of environment policies and development
strategies” (United Nations General Assembly, 1987). In practice, sustainable development requires
the elimination of fragmentation; that is, environmental, social, and economic concerns must be
integrated throughout decision making processes in order to move toward development that is
truly sustainable.
13. Just transition may simply mean a pathway toward sustainable development where no one is left
behind. A just transition means that the burden and the benefits of change will not be placed
disproportionately on a few.
14. The ILO offers guidelines on Just Transition which identify key areas to be considered to manage
the process of structural change toward a greener economy in an inclusive and equitable manner,
anchored on decent work principles and core labour standards:
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•
Policy coherence and institutional arrangements for mainstreaming sustainable development
and ensuring stakeholder dialogue and coordination between policy fields;
•
Establishing mechanisms for social dialogue throughout policy-making processes at all levels;
•
Employment-centred macroeconomic and growth policies;
•
Environmental regulations in targeted industries and sectors;
Employment Research Division: National Green Jobs Human Resource Development Plan 2019-2022
•
Creating an enabling environment for sustainable and greener enterprises;
•
Skills development to ensure adequate skills at all levels to promote the greening of economy,
including education;
•
Occupational safety and health policies to protect workers from occupational hazards and risks;
•
Social protection policies to enhance resilience and safeguard workers from the negative
impacts of climate change, economic restructuring and resource constraints; and
•
Labour market policies that actively pursue job creation, limit jobs loss and ensure that
adjustments related to greening policies are well managed.
These guidelines offer a policy framework to help countries manage the transition to an
environmentally sustainable economy, that promotes quality job creation, social inclusion
and poverty eradication. This is also an important tool that can assist countries in meeting the
national commitments made under the Paris Agreement on climate change, together with the
2030 Sustainable Development Agenda.
CHALLENGES AND CURRENT INITIATIVES IN THE PROMOTION OF GREEN JOBS
Education and Training System
Challenges
Infrastructure: Faculty, facility, and technology development
15. At the tertiary level, there is insufficiency of qualified environmental education (EE) faculty in
most provincial universities. Faculty members of provincial universities lack personal financial
resources to undergo advanced training on EE (e.g., pursuing post-graduate degrees) while
scholarship availability is sparse. In cases where there are experts in universities, they are underutilized and unable to assist in the solving of regional environmental problems for want of
trained staff and equipment.
16. Meanwhile, mainstreaming programs on Disaster Risk Reduction (DRR) and Climate Change
Adaptation (CCA) suffer from lack of focus and permanency of personnel. Personnel handling
DRR and CCA are detailed from different offices in the department, who have their regular
workload (Ofreneo, n.d.).
17. Many colleges and universities with environmental education programs do not have adequate
facilities and equipment to support their programs. On the other hand, technical and vocational
training schools suffer from limited resources, such as new buildings, state-of-the-art equipment
and other facilities, which hinder the implementation of new programs. Further, course
offerings in higher educational institutions need to be updated in order to be responsive to the
emerging needs and global trends (e.g., 4th Industrial Revolution, 21st Century Skills, Renewable
Engineering, Sustainability Management, Sustainable Development). As such, pursuing green
skills mapping would be crucial in identifying curricular offerings that need to be formulated
and/or scaled up.
18. There is also a need to clarify on the kind of investments and strategic priorities needed for the
science and technology (S&T) human resource development. It may be noted that there are
several laws in place to access scholarships and Student Financial Assistance (StuFAPs) for S&T
courses.
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Awareness and coordination
19. There is still a general lack of awareness on the concept of education for sustainable development.
Media coverage of environmental problems is not widespread. The lack of green mindset of general
public greatly contributed to the serious environmental problems of improper waste disposal,
denudation of forest, depleting fish stocks, unsustainable consumption lifestyle, minimal public
engagement in energy and water resources conservation advocacies and practices, and the lack
of preparedness and adaptability to climate change.
20. Within the formal and non-formal environmental education system, there is a need to further
mainstream the concept of green jobs. The lack of common understanding and appreciation of
the concept of green jobs results in unclear policy directions and guidelines/operational plans
within the technical and vocational education and training (TVET) sector. The mainstreaming
of green jobs will further be hindered by the tedious process of changing the curriculum. While
the current vocational-training courses have started to integrate the environmental component,
it is worthy to note that the decent work concept is not yet included.
21. Responsive labor market institutions and training institutions involve coordination among
stakeholders. At present, there is limited linkages among relevant institutions. For instance, close
linkage between the Department of Education (DepEd) and the Department of Environment
and Natural Resources (DENR) regional offices concerning EE is inadequate. Support for EE
from public/private sector policy makers and administrators at all levels is lacking as well. The
coordination between government organizations and non-government organizations (NGOs)
for EE implementation also needs to be strengthened.
Resource allocation for research and development
22. The transition toward greening requires the allocation of resources for the identification of evolving
skills needs and for the review and alignment of occupational skills and training programs. At
present, funds to support EE research and development are lacking which explains the insufficient
database essential to monitoring EE and firming up the framework for greening TVET. While
there are data and information available in terms of gross value added (GVA) and employment,
these are still quite broad in relation to the goal of determining more specific jobs and skills
requirements for the green subsector. Research and consultation need to be pursued to align
occupational skills and training programs.
Linking supply with industry demand
23. To promote skills development for green jobs in the country, it necessitates skills needs assessment,
labour market information, and core skills development, in collaboration with industry and
training institutions. A system to institutionalize green skills anticipation and development of
labor market information on green jobs and skills are steps toward such alignment.
24. With law requiring for the integration at all levels of basic, tertiary, and technical-vocational
education, the three national educational authorities—DepEd, Commission on Higher Education
(CHED), and Technical Education and Skills Development Authority (TESDA)—still have to
place greater effort with this integration mandate. Moreover, monitoring of implementation of
EE policies, including regular evaluation of the EE policies and programs of the three education
agencies, are needed. Research studies may also be conducted to analyze how EE classes affected
the career choices or career paths of the students after graduation.
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Current Initiatives
Supporting policies on environmental education and skills development
25. There are state-led efforts geared toward the formulation of numerous policies and strategic
framework and action plans regarding Environmental Education. One notable initiative was
the formulation of the National Strategy on Environmental Education (NSEE) in 1989 which
defined the country’s goals, strategies, and programs related to environmental education. NSEE
enabled the incorporation of environmental education as part of other subjects such as science,
social studies, geography, civics, and moral education2, but not as a distinct and separate subject.
26. The NSEE was further strengthened by the enactment into law of Republic Act (RA) No. 9512
or the “National Environmental Awareness and Education Act of 2008” in 2008 which provided
the policy framework for incorporating environmental awareness into the country’s educational
system. RA 9512 mandated all relevant agencies to integrate environmental education into
public and private school curricula for all levels, including barangay day care, preschool, nonformal, technical-vocational, professional, indigenous learning, and out-of-school youth (OSY)
courses or programs. Based from this law, DENR facilitated the creation in 2009 of an interagency committee on Environmental Education composing of government agencies and private
organizations.
27. Meanwhile, Executive Order (EO) No. 483 was passed to explicitly support lifelong learning
programs for sustainable development. The EO centers on the roles of educational agencies,
namely, DepEd, TESDA, and CHED, and the designation of a Lifelong Learning Laboratory in
the Philippines.
28. On the other hand, the growing concern on the country’s vulnerability to earthquakes and
typhoons and impact of climate change led to the passage of RA no. 10121, otherwise known
as the “Philippine Disaster Risk Reduction and Management Act of 2010.” The law calls for
mitigation and adaptive response and mainstreaming in the EE.
29. With respect to the policy aspect of greening skills development, the National Technical Education
and Skills Development Plan (NTESDP) provides for the development and implementation of
programs intended for green jobs through development of new Training Regulations (TRs);
capability building of trainers and administrators; and linking with local and international
agencies in the design, implementation, and monitoring of “green skills” programs.
Curriculum development for primary, secondary, and tertiary education and technical and
vocational education
30. In the last two years, DepEd has introduced the K-12 Educational System (K-12) which brings
with it the application of spiralling curriculum concept by educational psychologist Jerome C.
Brunner. This spiralling curriculum seeks to integrate different branches of natural science at
heightened degree of difficulty at each level of education until 12th grade. (Raborar, 2016).
31. Further, the Bureau of Curriculum Development of DepEd has made progress in developing
Standards for Environmental Education in the K-12 Curriculum. The curriculum has integrated
environmental literacy, biodiversity, climate change, and disaster risk reduction in various
learning areas (e.g., in Science, Health, Araling Panlipunan, Edukasyon sa Pagkakatao, Edukasyong
Pantahanan at Pangkabuhayan).
32. Within the higher educational institutions, ESD has progressed from social marketing through
alliance-building in pushing for eco-friendly and disaster risk reduction programs. To elevate
social awareness and preparedness to a more academic level, curricular review and development
activities were pursued. Some universities have been moving forward, but slow, in studying
2 In basic education, moral education is now the Edukasyon sa Pagpapakatao, while geography, social studies and civics is collectively called Araling Panlipunan.
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theories for sustainable development for practical applications. The National Service Training
Program (NSTP) is a platform whereby ESD is instituted formally in tertiary education (Balanay
& Halog, 2016).
33. On the aspect of vocational skills training, TESDA has initiated the inclusion of environmental
component. To respond to environmental problems, TESDA developed skills training for solid
waste management, integrated pest management, and recycling. Training courses were offered
as well on how to conduct emissions testing and how to do retrofitting/conversion for vehicles
shifting to cleaner LPG/CNG fuel in support to the Clean Air Act.
34. Likewise, TESDA has established Green Technology Center (GTC) which offers various green
skills training courses as a response to emerging green industry personnel needs. These courses are
integrated in technical-vocational curriculum. GTC is involved in the greening of TRs; assessment
and certification; and training of trainers on green technologies such as renewable energy, efficient
energy use and management, water and wastewater treatment, waste management recovery and
recycling and environmental consultancy and green ICT.
Greening the training regulations
35. In transitioning toward a green economy, TESDA develops TRs as part of its national standards
setting function for the TVET sector. These standards are used to determine the readiness and
capacity of the workers for certain trades.
36. As of 2017, TESDA has “greened” 33 out of 246 TRs which included Pest Management, Photovoltaic
Technician, Hydrophonics, Vertical Gardening, Carbon Emissions Technician, and Seaweed
Farming. TESDA developed 20 TRs with green competencies, which is 7.5% of all the TRs in
TESDA.
37. Most of the TRs for qualifications are industry-driven in the sense that the industries themselves
request for TR development. These TRs are developed in partnership with industry experts.
Aside from partnership with industries, there are also TRs that are developed in partnership with
other government agencies. For instance, TESDA consulted with the solid waste management
stakeholders specifically the National Solid Waste Management Commission (NSWMC), Solid
Waste Association of the Philippines (SWAPP), and other land fill operators regarding the
development of qualifications and standards for specific skills requirements for solid waste
management. On the other hand, TESDA tied up with the Department of Agriculture (DA)
and has promulgated some TRs pertaining to farming. Likewise, TESDA also worked with
Department of Tourism (DOT) for standards setting. Meanwhile, TESDA has a programme with
the Department of Energy (DOE) to integrate the use of energy-efficient lighting in the TR for
electrical installation and maintenance qualifications. Lastly, partnership with the DENR focused
on qualifications related to refrigeration and air-conditioning, in accordance with the Montreal
Protocol and the Clean Air Act (RA No. 8749).
Professional development
38. Green professionals are needed in both green and greening industries as well as in green advocacy
work. The greening process certainly needs the guiding hand of experts such as environmental
engineers, biodiversity scientists, and climate change researchers, among others.
39. In the construction sector, for example, certification training program for Green Professionals are
offered by the Philippine Green Building Council (PHILGBC). The BERDE Professionals Basic
Training Course is designed to provide robust understanding of the BERDE Green Building Rating
System and prepare them to be Certified BERDE Professionals (CBP). CBPs are individuals who
have the expertise to assist project proponents pursue BERDE Green Building Certification.
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The Private Sector
40. Enterprises are viewed as one solution to addressing widespread poverty and promoting inclusive
growth. It can create solutions for wealth, jobs, and social empowerment. In the context of
shifting to green development, enterprises need to be capacitated to meet green standards in their
processes, products, and services to be competitive. But this would require a level of support to
enterprises-physical and social infrastructure; a level playing environment; access to financing;
skills, knowledge, and technology development to help them produce, innovate and gain market
access.
Challenges
Lack of professionals and workers with green skills and competencies hinders the expansion of the
green economy
41. As the country transitions into a greener economy, new employment positions may be created
or previous jobs may be transformed to supply the demand in emerging green industries or in
traditionally brown industries but using green processes. As new technologies are developed,
some employment positions may become obsolete and need to be replaced (Renner, et. al., 2008;
Cruz, 2009). The extent of these gains and losses remains to be the primary question that needs
an empirical evaluation.
42. The lack of a uniform definition of green skills present difficulties in forecasting employment
trends and corresponding skills requirements. At present, there is no comprehensive listing of
green occupations in the country. There is also scant information regarding clearly defined job
opportunities requiring green skills needed by private enterprises. A systematic way of identifying
the required green skills is still in the process of evolution. A database on green jobs is currently
being undertaken by the DOLE in partnership with ILO under the Just Transition Project.
Current regulatory environment constraints the competitiveness of Philippine enterprises
43. According to the Global Competitiveness Index 2018, the Philippines ranked 56th out of 140
countries. The ranking shows that the country underperforms in enterprise development,
particularly in, starting a business, dealing with construction permits, registering property,
getting credit, protecting investors paying taxes, enforcing contracts, and resolving insolvency.
The difficulty in doing business in the country discourages start-up investors and encourages
entrepreneurs to stay “underground” leading to higher extortion fees, red tape, and inadequate
facilities. The creation of a competitive business environment will not only increase efficiency
and productivity but also create a transparent and level playing field that will benefit exporters,
MSMEs, and the Filipino consumers (Schumacher, 2016).
Inefficient infrastructure services, internal conflicts, and the impact of climate change hamper labor
productivity of enterprises
44. While labor productivity spurs economic growth, it is hampered by inefficient infrastructure
services particularly energy, logistics, transportation, and communications. For example, having
affordable mass transport such as metro rail transit and bus rapid transit systems will raise
productivity and improve the welfare of commuters (Bank, 2017). Another hindering factor to
productivity is the impact of climate change. Typhoons disrupt working days, affect the health of
workers, and cause stress due to traffic congestion. We cannot also ignore the fact that some areas,
particularly in Mindanao, have lingering issues on peace and order. This hinders the expansion
of businesses in those parts of the country, drastically affecting business decisions to innovate
and go green.
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Lack of sustainable actions for enterprises to go green
45. There is a larger market for “non-green” products because of its cheapness, e.g. organic products
incurring higher labor cost is set to a higher price; low-cost housing consumers prefer traditional
technology; motorists still relying on diesel rather than alternative renewable energy; Filipino
consumers have the habit of buying goods in small packets (tingi-tingi) and adopt the throw-away
lifestyle, among others. All these reflect that Filipino consumers are not yet fully conscious of the
need for sustainable consumption.
46. There is a lack or absence of locally-sourced green construction materials. For example, SMEs
are constrained in the operational aspect (e.g. manufacturing companies having higher turnover
of products but no defined recycling process or system; mining companies needing adequate
processing facilities; and road and port congestion leading to greater consumption of fuel), scarcity
of supplies of raw produce or materials, and technologies relating to agro-production and climate
change adaptation to address shortages of agricultural green products.
47. Enterprises have a limited budget to invest in green technologies and skills training. The lack of
financial support and credit opportunities impedes SMEs to comply with the requirements of
the Green Jobs Law due to high accreditation costs. For instance, farmers in upland areas face
difficulty in marketing and labelling of organically produced agricultural products. Hence, the
need for technical assistance on marketing and packaging of new and unique products is necessary
for SMEs to expand.
Current Initiatives
Integrating green strategies in the industry roadmaps
48. Today, enterprises are driven by global markets to follow the sustainable development path. The
worldwide industrial development and the opening of the national market through ASEAN
integration are increasingly becoming the main drivers for Green Economic Development (GED).
In a common effort, the Philippine industries and government have formulated sectoral roadmaps
to define a well-focused simulation and promotion of an industry driven GED. The Industry
Roadmap Project of the Department of Trade and Industry-Board of Investments (DTI-BOI)
has considered the pursuit of green growth in terms of green processes and the manufacturing
of green products. This project is integrated into the roadmaps of the automotive manufacturing
and auto parts sector; pulp and paper; plastic; mass housing; and the copper and furniture sectors.
Building for Ecologically Responsive Design Excellence (BERDE) program
49. There has been a growing movement toward green initiatives which are institutional and primarily
private-led. In the construction sector, the private sector has worked toward the dual green building
certification from the US Green Building Council’s Leadership in Energy and Environmental
Design (LEED) program, as well as from the Philippine Green Building Council’s Building for
Ecologically Responsive Design Excellence (BERDE) program.
Greening efforts in the manufacturing sector
50. In manufacturing, the development of environmental standards for industry and products, and
compliance to international market requirements have driven industrial leaders to adopt processes
such as life-cycle-analyses and carbon reduction to earn a good standing on major markets. On
the other hand, the food subsector utilizes biomass as a source of energy while the beverage
subsector has established environmental metrics.
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Current initiatives by DOLE, DTI and DOST on enterprise development
51. The advancement of competitiveness and productivity of enterprises has been facilitated by the
government through policies and programs supporting increased efficiency and productivity for a
positive business climate. For instance, DOLE has developed a wage system where minimum wage,
as a safety net, is set through a tripartite process. Wages above the minimum based on productivity
are set through industry and enterprise collective bargaining or negotiations. The DOLE’s Bureau
of Working Conditions (BWC) has been advocating alternative-work arrangements that assist and
guide employers and employees who opt to adopt a mutually acceptable compressed workweek
suitable to the requirement of the businesses. The National Wages and Productivity Commission
(NWPC) of DOLE implements the Productivity Toolbox, a ladderized, needs-based package of
interventions designed to assist and capacitate workers in Micro, Small and Medium Enterprises
(MSMEs) to improve their productivity (e.g. time and motion studies and an award system that
recognizes the best productivity). Moreover, entrepreneurs also receive training from the DTI’s
Bureau of Micro, Small and Medium Enterprise Development (BMSMED) through its Roving
Academy and one-on-one mentoring through the Negosyo Centers. Likewise, the DOST Regional
Offices in collaboration with the DOST-Industrial Technology Development Institute provides
technical trainings on resource efficiency and cleaner production, energy conservation, efficiency,
management and audit measures, and waste management under the Small Enterprise Technology
Upgrading Program (SETUP) – DOST’s flagship program to improve MSME productivity and
competitiveness.
Corporate social responsibility, greening value chains, and the emergence of social enterprises
52. The rapid integration of economies and global markets has spurred the importance of linking
enterprises to the market, and the government plays an important role in providing a viable
policy infrastructure and support programs over the years. For instance, several government
agencies have been promoting green products and services through the conduct of trade shows
and travel fairs as well as marketing assistance like packaging and common service facility. One
concrete example is the development of the Philippine Green Pages (PGP), the first and only
eco-resource publication for finding the best green business, products, and services offered in
the market. It provides a listing of producers, distributors, and suppliers, which are selected for
their green attributes and sustainable green business practices. Another approach to strengthening
market linkage is the emergence of social enterprise (e.g. Human Nature) and the creation of
entrepreneurship networks (e.g. Philippine Center for Entrepreneurship (PCE) which creates “Go
Negosyo Communities”) where various sectors gather for networking, mentoring and cooperation
that drives SMEs to international competitiveness. Nonetheless, there is still a need to formulate a
program that shall provide a conducive space for sharing of best practices toward green economy.
This may greatly benefit MSMEs which have yet to fully actualize the integration of green jobs in
their workplaces.
53. As the environmental crisis becomes more alarming, the public and private sector are giving
attention in greening the value chain which is an important channel in integrating green growth
issues into private sector development efforts. For example, the Philippine tourism is prioritizing
climate change adaptation and mitigation strategies through its project Transforming Tourism
Value Chains in Developing Countries and Small Island Developing States (SIDS) to accelerate
efficient resources and low carbon development. The project aims at reducing GHG emissions
and improving resource efficiency in key tourism sector value chains with high resource use i.e.
accommodation, food & beverage, and meetings, incentives, conferences and events (MICE).
54. With the voluntary inclusion of the environment as part of a company’s responsible approach
to business activity, these companies do not only contribute to environmental protection and
resilience to climate change but also fosters good public relations and brand reputation. In
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the Philippines, some business enterprises have established foundations (e.g. Lopez Group
Foundation Inc., BPI Foundation, and Johnson& Johnson Philippines) whose mission is to launch
or support programs concerning climate change. Other foundations invest their fund on disaster
preparedness, relief, and response (e.g. Andres Soriano Foundation, Coca-Cola Foundation
Philippines, and One Meralco Foundation) while some foundations support programs focusing
on environmental protection (e.g. UCPB-CIIF Foundation and PTC-CSJ Foundation Nestle
Philippines).
55. With the growing boundaries of eco-markets, consumers need to distinguish between the
company’s brand, green image, and its internationally certified product designation. Differentiating
“green” products in the marketplace has the potential to increase the market value and share
for producers who can participate, thus contributing to economic growth while improving
environmental practices and helping ensure the long-term sustainability of the resource (Green
Growth). In the Philippines, there is only one existing environmental labelling program - the
National Ecolabelling Programme - Green Choice Philippines (NELP-GCP). The GCP is a Type
1 environmental labelling program which follows the guiding principles defined in ISO 14024. It
is a voluntary program which awards an environmental label to products and services that meet a
set of predetermined requirements or criteria for a product or service developed by the program.
The Public Sector
56. The Philippines have adequate enabling policies, plans, and programs that could help facilitate
the implementation of Green Jobs Act of 2016. However, despite these enabling mechanism,
government and social partners admit that the enforcement of environmental and labor laws is
weak due to lack of policy coherence, limited budget and human resources, and lack of political
will.
57. Promotion of policy coherence and strengthening good governance play a crucial role in
creating an enabling environment toward a sustainable and greener economy. While there exist
a multitudinous government policies, plans, and programs, they, however, need to be further
reviewed, amended, and revised, as necessary, to harmonize with the Philippines’ national plans
and policies and other international agenda and conventions.
Challenges
Harmonizing conflicting policies in land use
58. Some provisions of existing laws, especially on land use contradict each other. For instance, Section
20 of the Local Government Code (LGC) of 1991 provides for the conversion of agricultural land
for housing purposes which becomes an of issue food and housing insecurity. More so, some
local government units (LGUs) in the same manner, issue ban on open-pit mining, invoking their
authority over local development and local resources. In the process, this gets in conflict with the
provisions of the 1995 Mining Act (RA 7942) that opens the industry to new mining investments
and provides legal guidelines and mechanisms for such undertakings.
59. Another land use issue pertains to strengthening the implementation of “No-Build-Zones” Policy
among LGUs to prevent the construction of schools and houses (often dwelled by informal
settlers) located in danger zones - along the fault line, or critical watersheds or storm surge threats.
Such practice of unending cycle of demolition, clearing, and relocation have not only rendered
vulnerability to communities, but have also claimed lives and destroyed properties, especially
from the ranks of the poor and vulnerable groups.
60. Land reform is a critical policy intervention in the agrarian and urban sector which has a long
contentious history in the country even during the Hispanic Period. The implementation of the
program is continually hampered by a number of unresolved land use and ownership issues. In
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the process of greening the economy to provide green jobs especially in the agriculture sector,
such issue must be addressed first through mechanisms and harmonizing policies and regulations.
61. In relation to that, sugar lands and other irrigable lands are presently converted into biofuel
areas. The people’s access to food and ownership and control of land has been sapped by massive
crop and land use conversion from staple food production to oil palm. In the process, peasants
and indigenous peoples were left landless and deprived of livelihood. Further, this will result in
massive destruction of forests and loss of biodiversity.
62. Similar conflict arises out as well of provisions in the Mining Act and the National Integrated
Protected Areas System (NIPAS) Act (RA 7586). The former allows the government to grant
mineral exploration permits in areas of which some have also been identified as protected areas
under the NIPAS Act.
63. In terms of governing authority in some rural areas, there is a need to reconcile the interest of
barangay captains and tribal leaders. The Indigenous Peoples Rights Act (RA 8371 or IPRA)
provides for the protection of indigenous peoples’ rights to their ancestral lands. Thus, tribal
chieftains assert mining areas as private properties (covered by a Certificate of Ancestral Domain
Title [CADT]) within their territories over which they exercise full authority as tribal leaders.
On the other hand, the barangay captain, whose barangay covers a substantial part of the CADT
area, asserts authority over the barangay on the basis of political authority as bestowed by the
Local Government Code.
Greening the public procurement
64. In the country’s just transition toward a greener economy, there is a need to rationalize existing
procurement rules and procedures as to make it aligned with the green procurement framework
of the government. This can be accomplished by a supplemental legislation to the existing RA 9184
otherwise known as the “Government Procurement Reform Act,” and mandate the Government
Procurement Policy Board to formulate the Procurement Manual on sustainable and green
procurement that shall set forth the guidelines, product lists, and instruments that will be used
in the process.
Ensuring green jobs in public construction projects
65. The projects under the Administration’s Build, Build, Build (BBB) Program must be implemented
with a balanced consideration of the environmental protection. The processes (e.g., digging,
stockpiling supplies) that are entailed in the massive construction of the projects in the pipeline
of the government must be undertaken with environmental measures so as to not compromised
the country’s natural habitat and elements.
Involving the local government units in national greening efforts
66. Sustainable development cannot be achieved solely at the national government level as green
jobs to be created and sustained initiatives need to be mainstreamed in existing structures and
mechanisms, both in the public and business sector. Moreover, green jobs will only be realized
when convergent action starts at the local level to improve the well-being of local communities.
Current Initiatives
67.
The Administration crafted the Philippine Development Plan, the government’s economic strategy
blueprint until 2022, which has integrated actions that promote the country’s transition into a
greener economy in its sectoral plans. The PDP mainstreamed the green growth principles in:
• Public planning (governance, Chapter 5);
•
Giving incentives to green manufacturing to shift toward more efficient technologies, and
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fully implementing the Green Jobs Act (industry and services, Chapter 9);
•
Promoting green spaces in urban areas (urban planning, Chapter 20);
•
Strictly implementing the Green Building Code (infrastructure, Chapter 19);
•
Preparing faculty, facilities and curriculum related to knowledge and skills requirement of
a green economy (education and training, Chapter 10); and
•
Promoting sustainable consumption and production, and expanding sustainable resourcebased enterprises (environment, Chapter 20).
These plans are further integrated in other sectoral development plans, such as the Labor and
Employment Plan by the Department of Labor and Employment (DOLE), the Agriculture and
Fisheries Modernization Plan by the Department of Agriculture (DA), and the Industry Roadmap
Project of the Department of Trade and Industry (DTI). (PIDS, 2017)
68. Aside from these national and sectoral development plans, the Philippines has a comprehensive
legal and regulatory regime committed to environmental protection, natural resource management
and social development which would facilitate the creation of green jobs such as follows:
•
Climate Change Act was enacted to systematically integrate the concept of climate change
in the policy formulation and development plans of all government agencies and units.
Subsequently, the National Framework Strategy on Climate Change 2010-2022 laid its
commitment toward ensuring and strengthening the adaptation of the country’s natural
ecosystems and human communities to climate change. Under its Paris Agreement on
Climate Change (PACC) the government has put forward its intended Nationally Determined
Contribution (NDC) of lowering greenhouse gas emissions in (in CO2 equivalent) by seventy
per cent in 2030, conditional on available financial resources. The reduction will come from
climate change mitigation measures in the energy, transport, waste, forestry and industry
sectors.
•
Other major environmental legislations are the Clean Air Act of 1999 (R.A. 8749); the
Agriculture and Fisheries Modernization Act of 1997 (R.A. 8435); Solid Waste Management
Act of 2000 (R.A. 9003; Electric Power Industry Reform Act (EPIRA) of 2001 and R.A. 9275
(Philippine Clean Water Act of 2004).
69. The Philippines, recognizing the importance of international cooperation in achieving its national
development goals, had signed other international and regional agreements such biodiversity,
hazardous chemicals and wastes, ozone-depleting substances, persistent organic pollutants. These
international arrangements and assistance help drive the country to shift to a green economy.
70. Some programs and green initiatives have also been implemented to promote sustainability such
as follows:
156
•
Public Utility Jeepney (PUJ) Modernization Program. The government launched this
program which intends to place a 15-year age cap on jeepneys, after which they will be
replaced with cleaner options depending on their route operational characteristics.
•
National Organic Agriculture Program. The DA promotes this program, which was reported
to have increased organic farming practitioners all over the country from 8,980 in 2011 to
43,470 in 2016. However, for farmers in upland areas, some challenges still exist in expanding
organic agriculture such as lack of financial and technical capability of the small farm holders,
problem of marketing and labeling of organic products, and the quality of the organically
produced agricultural products.
•
ANAHAW-Philippine Sustainable Tourism Certification. Beginning January 2018, the
Department of Tourism and Center for Appropriate Technology (GrAT), through the Zero
Carbon Resorts for Sustainable Tourism Project (ZCR), launched this program to mainstream
Employment Research Division: National Green Jobs Human Resource Development Plan 2019-2022
the advancement of energy efficiency and reduced greenhouse gas emissions and operational
costs in the business operations of the tourism sector. This project is built on the success of
ZCR in implementing the green hotel certification through the Zero Carbon Awards with
more than 300 establishments participating since 2015.
•
Securities and Exchange Commission (SEC) Memorandum Circular No. 4, s. 2019. This
issuance requires publicly listed companies to disclose their non-financial performance
in economic, environmental, and social terms starting 2020. This information, which is
submitted together with the company’s annual report, must conform to the prescribed
template and guidelines following globally accepted frameworks on sustainability reporting.
•
Green, Green, Green. This is a unique government assistance program which started in 2018
as a component of the Duterte administration’s Build, Build, Build program. It aims to render
the country’s 145 cities more livable and sustainable through the development of public
open spaces; enhancement of country’s streetscape by maximizing underutilized spaces;
improvement of connectivity and accessibility of transport and walkways; and supporting
urban biodiversity.
•
Mainstreaming Green Growth in Development Planning Project. Implemented from
2016 to 2018 by the NEDA, through the help of Global Green Growth Institute (GGGI),
this project aimed to promote climate change resilience and inclusive growth through the
institutionalization of green growth tools and guidelines in local and sectoral planning. It
developed a Green Growth Planning Toolkit (pilot-tested in DTI and provinces of Bataan
and Dinagat Islands) and a training module that guides DTI in mainstreaming green growth
into the provincial MSME development action plans.
•
Promotion of Green Economic Development (ProGED). Undertaken by the GIZ from
2013 to 2016, the project aimed at greening and streamlining supply chains of MSMEs via
information awareness, business facilitation between green service providers and end users,
and creation of green business guidelines, among others.
•
BERDE Certification. The Philippine Green Building Council also conducts training
programs for professionals who provide assistance to project developers that are trying to
secure BERDE Certification.
•
PESO Employment Information System (PEIS). The PEIS is an online public registry of active
manpower and interested employers. It is intended to facilitate employment and address
issues on skills mismatch. The platform also guides the DOLE in determining additional
intermediary services needed to increase employability of the enrolled users.
71. At the national level, with the recognized National Voluntary Green Building Rating System
by the Philippine government, several national agencies have been using BERDE as a guide in
developing policies and programs for green building and sustainability for the building sector.
At the local level, a few local governments have incorporated BERDE as part of their policy to
ensure the environmental performance of projects within their jurisdictions.
72.
For instance, the Province of Cebu has established its green and resilient building program that
requires all provincial government buildings to be designed, constructed, and operated as green
buildings. They also recognized BERDE as a tool for measuring the performance of buildings.
73.
At the city-level, Quezon City, Mandaluyong City, Manila City, Pasig City and Mandaue City
have established their own green building policies, identifying their own requirements and
incentives for green buildings for their cities. Mandaue City and Pasig City uses BERDE as their
tool to measure the performance of the design, construction, and operations of buildings in
their cities. Buildings in planned unit developments are required to have BERDE Certification.
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Financing the Just Transition Toward a Green Economy
Challenges
Limited scale of green financing
74. In the Philippines, green finance is already available but limited in scale. One form of green finance
is through credit. Land Bank of the Philippines (LBP), Development Bank of the Philippines
(DBP), Bank of the Philippine Islands (BPI), Banco de Oro (BDO), Metrobank (MBC), China
Bank (CBC) and BPI Globe BanKo have climate finance products. Some other thrift and rural
banks, local institutions, engage in financing green micro-investments, such as fuel efficient stoves
or solar home systems (SHS).
75. Other banks are concerned with environmental issues but they do not offer their SME clientele
a specific green product. They finance green projects that result in more sustainability, without a
special green facility. Very few, certainly less than ten percent of the more than 500 other banks,
join in this effort. Green lending with green products is still an exception. This can be due to
high real or perceived risks, including political and regulatory risk, technology risk, and credit
and market risk.
76. Stakeholders on the financial sector are concerned about the bankability of MSMEs and the
riskiness of lending to MSMEs. The stakeholders also pointed out the inadequacy of government
policies to address the specific economic concerns of MSMEs. One recent development on this
issue, though, is the enactment of R.A. No. 11057 or the Personal Property Security Act in August
2018, which provides a legal framework that will govern the use of movable collateral. This can
expand the range of properties that can be used as loan collaterals by MSMEs to enable them to
obtain credit from banks.
Information gaps
77. Small and Medium Enterprises (SMEs) have inadequate information on climate finance, about
banks, investment as well as finance opportunities to make right choices. SMEs experience
difficulties to follow general banking procedures as well as specific program requirements to
meet eligibility criteria. SMEs are also insufficiently informed on the influence of environment on
their business and the way their business processes affect the environment. Consequently, SMEs
lack the appreciation of adopting green technologies and hold the view that creating a “green”
organization are expensive. Many SMEs doubt about the savings potential of green investments.
78. Banks need to widen their internal capacity-building activities to undertake green financing. Some
banks are still insufficiently prepared to assess loan applications on green projects. The difficulty
is partly due to lack of clarity of on what is, and what is not green. This increases search costs for
investors, banks and companies looking to invest. Hence, internal budgeting, accounting and
performance measurement functions struggle to allocate capital toward green projects and assets.
Current Initiatives
Existing sources of green financing
79. Green financing to SMEs could be used in several ways. The first is for conventional SMEs looking
to improve their environmental performance, such as through energy efficiency (EE) investments.
The second is for SMEs looking to expand their sales of green goods and services, which could
be related to emerging green innovation in areas such as renewable energy (RE) or agriculture.
The third relates to agricultural smallholders, who play a key role in many aspects of agricultural
supply chains.
80. Green finance may be sourced from various institutions. As of 2017, there are eleven (11)
institutions which provide multilateral and bilateral financial assistance in the country. These
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Employment Research Division: National Green Jobs Human Resource Development Plan 2019-2022
are the World Bank (WB), Asian Development Bank (ADB), Japan International Cooperation
Agency (JICA), Japan Bank for International Cooperation (JBIC), United States Agency for
International Development (USAID), Kreditanstalt fur Wiederaufbau, International Finance
Corp. (IFC), Korea International Cooperation Agency, Federal Republic of Germany, Australian
Aid and International Fund for Agriculture Development.
81. Other sources of green finance include the government, carbon funds and other funds such as
the Asian Clean Energy Fund at ADB. NGOs finance small appliances, for example, fuel efficient
stoves or low capacity SHSs. Venture capital providers and energy service companies (ESCOs)
play rather insignificant roles at present.
82. Another source is accessing the Green Climate Fund, a financial mechanism under the UN
Framework on Climate Change which assist developing countries in their climate change
adaptation and mitigation strategies.
83. The People’s Survival Fund (PSF) is another source to finance some aspects of just transition.
PSF was created by Republic Act 10174 to enable the government to address the problem of
climate change. PSF is an annual fund intended for local government units and accredited local/
community organizations to implement climate change adaptation projects that will better equip
vulnerable communities to deal with the impacts of climate change.
84. Pursuing partnership with the private sector and corporate foundations for information and
education campaign, capacity building, training and educational facility improvement and
materials will partly support financing of the just transition. A recent example of a high level
of corporate responsibility is the Filipino-Chinese Chamber of Commerce move to invest their
money in establishing the Green Technology Center of TESDA.
85. The DOST’s Small Enterprise Technology Upgrading Program (SETUP) provides InnovationEnabling Fund (iFund) to MSMEs to acquire technology and adopt innovation.
Incentives for greening work processes
86. According to the Green Jobs Act of 2016, “…GFIs shall, in consultation with the BSP, provide
preferential financial packages to business enterprises that create green jobs.” It can be done to
promote sustainable practices in various enterprises. Also, the government has given incentives
schemes to different sectors, aside from the Green Jobs Act:
•
CLIMA. For the manufacturing sector, the Board of Investments (BOI), under the 2017
Investment Priorities Plan, crafted Climate Incentives for Manufacturing (CLIMA), an
incentives scheme to encourage the manufacturing industry and its sub-sectors to help
promote energy efficiency and conservation. Under the scheme, qualified projects will
be granted capital equipment incentives and Income Tax Holiday (ITH). Firms may
avail of capital equipment incentive between 1 to 10 percent of capital equipment cost
in import duty exemption if the installation of new equipment qualifies for registration
as a modernization project and if the potential annual saving of energy consumption is
at least 1,000,000 kilowatt-hours per year. Firms may also avail of ITH equivalent to 50
percent of the cost installed new energy efficient and reckoned one year after installation
of said equipment.
•
Renewable Energy Act of 2008. The law provides fiscal incentives to accelerate the
development and commercialization of renewable energy resources in the Philippines.
The incentives include an income tax holiday for the first seven-years of commercial
operations, low corporate tax of 10 percent for the subsequent 25 years, 10-year dutyfree import of machinery, equipment and materials; and zero percent value-added tax
(VAT) rate; special realty tax rates on equipment and machinery; Cash incentive given to
RE developers for missionary electrification among others. Since the law was passed in
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159
2008, renewable energy projects increased from 22 to 406, either already built or being
constructed. However, the Federation of Philippine Industries gave its feedback that the
country’s feed-in tariff, offered as an incentive for developers of clean energy projects,
actually made electricity in the archipelago more expensive. Also, since the rates for
clean energy projects are locked in for 20 years, users in the country would not be able
to enjoy the fall in prices, even if renewable energy technology gets cheaper. In this sense,
the private sector has been subsidizing renewable energy.
•
160
LGU incentives. Incentives for business establishments for their environmental practices
are provided by some local government units. To cite some cases, the Batangas City
government launched a project called Incentive Program for Eco-Business District to
give recognition to enterprises that practice environmental initiatives. Apart from the
recognition, they will also award monetary prizes. Also, it provides incentives for business
establishments whose project or building is certified as “Green,” with a 5-percent discount
on business permit and 15-percent off for real-property taxes. To date, about 70 percent
to 80 percent of the more than 6,000 business locators in Batangas City are compliant
with Environment Code or E-Code and City Environment Certificate or CEC. Batangas
City is one of the pioneers of E-Code in the Philippines.
Employment Research Division: National Green Jobs Human Resource Development Plan 2019-2022
STRATEGIC ACTION PLAN TO PROMOTE GREEN JOBS
Overall Goal for 2019-2022: Just transition of the Filipino workforce toward an environmentally sustainable and climate resilient development pathway that
creates green jobs
Objective
Strategy
Success
Indicator/s
Lead Government
Agency
Co-lead
Government
Agencies
1
EDUCATION AND SKILLS DEVELOPMENT FOR GREEN JOBS
1.1
Ensure that the education a.)
and skills development
system is able to develop
the skills needed for greener economy and society
Introduce, integrate, and
mainstream environmental
awareness, sustainable
development, and decent
work in early childhood
education curricula,
policies, and programs
DepEd (for primary
and secondary
education),
CCC, DOLE,
DENR, DOST
b.)
Build on, heighten, and
reinforce environmental
awareness, sustainable
development, and decent
work in tertiary education
and continuing professional
education curricula,
policies, and programs
CHED (tertiary
education),
CCC, DOLE, DENR,
DOST
Update training regulations
to reinforce environmental
awareness, sustainable
development, and decent
work in technical and
v o c at i o n a l e d u c at i o n
system
TESDA
c.)
Potential Tripartite/
Social Partners
Timeline
2019
2020
2021
2022
PRC (professional
regulations)
CCC, DOLE, DENR,
DOST
Philippine Labor Review: Vol. I No. 2
161
d.)
Foster and expand
enterprise-based trainings,
apprenticeships, and
community-based trainings
for existing and emerging
green sectors to promote
sustainable practices and
use of green technologies
and skills development
strategies
TESDA
D OLE, DTI, DABAFS, DOST
e.)
De velop and supp or t,
through public and
private employment
service providers, tailormade courses, training,
and learning systems for
those who are at risk of job
displacement as a result
of greening, including
youth, women and migrant
workers, workers in the
informal sector, indigenous
peoples, older persons,
persons with disability,
and learners in difficult
circumstances (displaced,
in conflict areas, etc.)
DepEd (for alternative learning
systems),
DOLE, DTI, DOST
Mobilize public and private
f u n d i ng for g re e n i ng
the education and skills
development system by
ensuring timely, innovative,
and accessible financing
for faculty development,
scholarship for students,
special training packages,
development of Centers of
Excellence and Specialized
Tr a i n i n g C e n t e r s ,
upgrading of facilities and
equipment, among others.
DOF, BSP, GFIs,
DBM, SEC, Insurance Commission
f.)
162
CHED (tertiary
education),
TESDA (technical
and vocational
education)
PRC (professional
regulations)
Employment Research Division: National Green Jobs Human Resource Development Plan 2019-2022
DepEd (for primary
and secondary
education),
CHED (tertiary
education),
TESDA (technical
and vocational
education)
PRC (professional
regulations)
Industry associations,
community-based enterprises
2
EMPLOYMENT FACILITATION FOR GREEN JOBS
2.1
Improve labor market a.)
information system
necessary for the creation
and sustaining of green
jobs
Strengthen national
capacities for identifying
and anticipating skills needs
by establishing a statistical
system for green jobs and
a green jobs or careers
database
DOLE
D e p E d, C H E D,
TESDA, PRC, DENR,
DTI, PSA
b.)
Establish platforms for
dialogue and cooperation
at sectoral level between
education and training
institutions, and employers
and industries to discuss
current and future green
skills requirements, and
to ag re e p at hw ay s i n
developing and sustaining
skills for green jobs
DOLE
DTI
Promote an ef f i ci ent a.)
and effective deliver y
of employment services
that respond to the
needs of enterprises and
workers in the transition
to environmentally
sustainable economies
and extends outreach to
those outside of the formal
labour market
Strengthen Public
Employment Ser vice
Offices (PESOs) to further
d e vel op t h e i r rol e a s
transition agents for green
jobs, including providing
information, guidance,
matching ser vices and
training
DOLE
DILG
b.)
Strengthen career guidance
program for green jobs
DOLE
DepEd, CHED
c.)
Integrate and mainstream
green jobs in c urrent
employment facilitation
strategies by holding green
jobs fairs regularly
DOLE
DTI
2.2
Industry Associations,
Indust r y Tr ip ar t ite
Councils
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163
d.)
Integrate green jobs
parameters in public works
and public employment
programmes such as “Build,
Build, Build”
DPWH
DOLE, DOF
3
HARMONIOUS, SAFE, AND PROGRESSIVE WORKPLACE
3.1
Promote sound industrial
relations necessary for the
creation and sustaining of
green jobs
a.)
Promote institutionalized
labor-management
cooperation at workplace or
enterprise level by fostering
a culture of dialogue,
knowledge sharing and
mutual advice aimed at
improving resource and
energy efficiency, reducing
waste, and applying safe
and clean technologies
and working methods
that promote productive
employment and decent
work
DOLE
DTI, DOST
3.2
Foster safe and healthy
environment in the workplace
a.)
Improve policy coherence
in occupational safety
and health (OSH) and
cooperation among
occupational health and
environmental agencies or
other relevant institutions
with regard to regulation
and enforcement
DOLE-OSHC
DA-BAFS
b.)
Develop and intensif y
awareness of OSH standards
for green technologies,
green work processes and
new materials related to
green transition
DOLE-OSHC
DA-BAFS
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Employment Research Division: National Green Jobs Human Resource Development Plan 2019-2022
Industry Associations,
Indust r y Tr ip ar t ite
Councils
c.)
Promote the use of
appropriate prevention,
prote c t ion and s afet y
processes and strengthen
government capacity to
enforce laws at national and
subnational level in relation
to situations which pose an
imminent threat of major
accidents or risks
DOLE-OSHC
d.)
Establish, promote or
provide for the setting
u p o f j o i n t w o r k e r s’
a n d e m p l o y e r s’ O S H
committees in the
workplace and consider
the introduction of issues
related to the environment
DOLE-OSHC
e.)
Promote adequate OSH
training in green jobs for
workers and for employers,
members of OSH
committees and labour
inspectors
DOLE-OSHC
f.)
Regulate and incentivized
enterprises to reduce,
minimize, and, eliminate
hazardous materials across
the supply chain of products
and production processes
DOLE-OSHC
g.)
Promote the inclusion of
OSH aspects in certification
programs for sustainability
DOLE-OSHC
DA-ATI
DA-BAFS
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3.3
166
h.)
Support technical assistance
to conduct research to
better understand the
range of OSH risks across
the life cycle of products,
new technologies and jobs,
and use this knowledge to
improve prevention and
safety in the workplace
DOLE-OSHC
i.)
Address the OSH impacts
of informality, and facilitate
t he t ransit ion toward
the formal economy, in
activities related to the
greening of the economy,
such as materials recovery
and recycling, through
training, capacity building,
certification and, if
necessary, legislation
DOLE-OSHC
Strengthen capacity for a.)
labor inspection of green
jobs
Introduce and mainstream
green jobs in labor
inspection system for the
purpose of regulating the
availment of incentives and
ensuring green jobs content
pursuant to the National
Green Jobs HRD Plan
DOLE-BWC
b.)
Provide adequate capacity
to labor inspectors to
monitor compliance of
enterprises that sell green
goods and services or utilize
green technologies
DOLE-BWC
Employment Research Division: National Green Jobs Human Resource Development Plan 2019-2022
DA-BAFS
DA-ATI
c.)
Formulate labor inspection
system or approach and
integrate green jobs in the
approach for hard-to-reach
sectors such as mining,
agriculture, solid waste
management, and t he
informal sector
DOLE-BWC
4
SOCIAL PROTECTION FOR ALL AND IMPROVED RESILIENCE OF VULNERABLE SECTORS
4.1
Strengthen minimum social protection floors for
green transition
a.)
Establish and/or enhance
unemployment protection
policies and programs for
workers in the formal and
informal sector who will
be affected by impacts of
climate change and the
green transition
DA
N u m b e r o f D O L E - B W S C , SSS, DSWD
p o l i c i e s a n d DOLE-ECC
pro g r a m s
developed/
e n h a n c e d f or
the protection of
workers affected
by climate
change and green
transition
N u m b e r
of workers
provided with
assistance
b.)
Develop innovative
financing models to fund
an d au g m e nt c u r re nt
unemployment insurance
schemes
Insurance Commis- SSS, GSIS, DOF
sion
Philippine Labor Review: Vol. I No. 2
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168
c.)
Ensure that the livelihood
and
emergency
employment programs
also enhance resilience to
climate change, rehabilitate
natural resources and
create new productive and
sustainable assets that are
environmentally-friendly
N u m b e r DOLE-BWSC
of workers
provided with
assistance
d.)
Formulate adequate,
accessible, and innovative
social protection measures
for hard-to-reach sectors
t hat are of te n hard ly
hit by climate change
such as such as mining,
agriculture, fishing, solid
waste management, and the
informal sector
DOLE-BWSC
Employment Research Division: National Green Jobs Human Resource Development Plan 2019-2022
DSWD, DENR
DA