I.

International Labor  Setting International Labor Standards:

The ILC adopts Conventions and
Organization (ILO) Recommendations that set minimum
standards of basic labor rights.
A. Overview  Electing the Governing Body: Members
elect the ILO's Governing Body, which
1. Historical Background functions as the executive council.
 Approving the Budget and Work
The International Labor Organization (ILO) was Program: The conference approves the
established in 1919 as part of the Treaty of ILO's biennial program and budget.
Versailles, which formally ended World War I. The
devastating effects of the war highlighted the need 2. Governing Body
for social justice and improved labor conditions to
achieve lasting peace. The founders believed that The Governing Body is the executive arm of the
universal and lasting peace can only be ILO and meets three times a year. It comprises 56
accomplished if it's based on social justice. titular members (28 governments, 14 employers,
and 14 workers) and 66 deputy members. Key
Initially, the ILO was affiliated with the League of responsibilities include:
Nations, the precursor to the United Nations. After
World War II, in 1946, the ILO became the first  Policy Direction: Setting the strategic
specialized agency of the United Nations. Its objectives and policies of the ILO.
unique tripartite structure, which brings together  Program and Budget Approval:
governments, employers, and workers' Submitting proposals to the ILC for
representatives, allows it to address labor issues approval.
comprehensively and democratically.  Supervising the Office's Work:
Overseeing the activities and administration
2. Purpose and Mission of the International Labor Office.

The primary mission of the ILO is to promote rights 3. International Labor Office
at work, encourage decent employment
opportunities, enhance social protection, and The International Labor Office is the permanent
strengthen dialogue on work-related issues. The secretariat of the ILO, responsible for:
organization aims to ensure that economic growth is
inclusive and equitable, providing fair opportunities  Implementing Decisions: Executing the
and conditions for all workers worldwide. policies and programs decided by the
Governing Body and ILC.
B. Structure  Research and Information: Conducting
studies, collecting data, and publishing
The ILO's tripartite structure is unique within the reports on labor issues.
UN system and ensures that the views of all  Technical Assistance: Providing support
stakeholders are represented in its decision-making and expertise to member states to implement
processes. ILO standards and programs.

1. International Labor Conference (ILC) C. Key Agendas and Initiatives

The ILC, often referred to as the "world 1. Decent Work Agenda

parliament of labor," meets annually in Geneva.
Each member state sends a delegation consisting of Launched in 1999 by the ILO's Director-General,
two government delegates, an employer delegate, the Decent Work Agenda aims to promote
and a worker delegate, each with individual voting opportunities for all to obtain decent and productive
rights. The conference's main functions include: work in conditions of freedom, equity, security, and
human dignity. It encompasses four strategic unable to earn sufficient income, and older
objectives: persons.

 Employment Creation: Generating quality 4. Elimination of Child Labor

jobs that provide adequate incomes.
 Rights at Work: Ensuring recognition and The ILO has been at the forefront of efforts to
respect for the rights of all workers. eradicate child labor through:
 Social Protection: Extending social security
and promoting safe working environments.  Conventions and Protocols: Establishing
 Social Dialogue: Encouraging discussions international standards, such as Convention
between employers, workers, and No. 138 on the minimum age for
governments to address labor issues. employment and Convention No. 182 on
the worst forms of child labor.
This agenda has been integrated into various global  International Programs: Initiating the
initiatives, including the UN 2030 Agenda for International Programme on the
Sustainable Development, particularly Elimination of Child Labor (IPEC), which
Sustainable Development Goal 8, which promotes works with governments, employers,
sustained, inclusive, and sustainable economic workers, and civil society to eliminate child
growth, full and productive employment, and decent labor.
work for all.  Awareness Campaigns: Promoting global
awareness and advocacy to change attitudes
2. Global Employment Agenda and behaviors towards child labor.

The Global Employment Agenda focuses on 5. Promotion of Fundamental Principles and

addressing unemployment and underemployment Rights at Work
by:
The ILO promotes four core labor standards:
 Analyzing Labor Markets: Understanding
the dynamics and challenges of global and  Freedom of Association and the Right to
local labor markets. Collective Bargaining: Ensuring workers
 Policy Development: Assisting countries in can form and join unions and negotiate
creating policies that promote job creation collectively.
and workforce development.  Elimination of Forced or Compulsory
 Targeted Programs: Implementing Labor: Prohibiting all forms of forced
initiatives aimed at vulnerable groups, such labor.
as youth, women, and persons with  Abolition of Child Labor: Eradicating
disabilities. child labor, especially in its worst forms.
 Elimination of Discrimination in
3. Social Protection Floors Employment and Occupation: Promoting
equal opportunities and treatment in the
The Social Protection Floors initiative promotes workplace.
the establishment of nationally defined sets of basic
social security guarantees to ensure that everyone These principles are encapsulated in the
has access to essential health care and basic income Declaration on Fundamental Principles and
security. Key components include: Rights at Work (1998), which obliges all ILO
member states to respect and promote these rights.
 Healthcare Access: Ensuring all individuals
have access to necessary health services D. Conventions and Recommendations
without financial hardship.
 Income Security: Providing basic income 1. Conventions
support for children, persons of working age
ILO Conventions are international treaties that, creation, rights at work, social protection,
upon ratification by member states, become legally and social dialogue.
binding. As of 2024, the ILO has adopted over 190  Disaster Response: Providing support in
conventions covering a wide range of labor issues. rebuilding livelihoods affected by natural
Some notable ones include: disasters like Typhoon Haiyan.

 Convention No. 87 (1948): Freedom of

Association and Protection of the Right to
Organize. II. Labor Code of the
 Convention No. 98 (1949): Right to
Organize and Collective Bargaining. Philippines
 Convention No. 100 (1951): Equal
Remuneration for Men and Women Workers A. Overview
for Work of Equal Value.
 Convention No. 111 (1958): Discrimination 1. Historical Context
(Employment and Occupation).
 Convention No. 155 (1981): Occupational The Labor Code of the Philippines was
Safety and Health. promulgated on May 1, 1974, by then-President
Ferdinand Marcos through Presidential Decree No.
2. Recommendations 442. It consolidated and codified existing labor and
social laws to create a comprehensive legal
Recommendations are non-binding guidelines that framework governing employment practices and
provide detailed directions on implementing the labor relations in the country.
principles set out in conventions or address issues
not covered by them. They serve as guidance for The code was enacted during a period of martial
national policy and legislation. Examples include: law, aiming to promote economic development and
social justice by balancing the interests of workers
 Recommendation No. 202 (2012): Social and employers.
Protection Floors Recommendation, which
provides guidance on establishing B. General Provisions
comprehensive social security systems.
 Recommendation No. 204 (2015): 1. Coverage
Transition from the Informal to the Formal
Economy, offering strategies to formalize The Labor Code applies to all employees and
informal employment. employers, whether agricultural or non-agricultural,
with certain exceptions:
E. ILO and the Philippines
 Government Employees: Those employed
The Philippines has been an active member of the by the government and its political
ILO since 1948 and has ratified numerous subdivisions, including government-owned
conventions, including all eight fundamental and controlled corporations, are covered by
conventions. The ILO has supported the Philippines the Civil Service Law.
in various initiatives such as:  Members of the Armed Forces: Military
personnel are governed by military laws and
 Combating Child Labor: Implementing regulations.
programs to reduce child labor, especially in  Domestic Helpers and Family Members:
hazardous industries. Specific provisions apply to domestic
 Promoting Decent Work: Assisting in workers (kasambahay), and family members
developing the Philippine Decent Work working within the family enterprise may
Country Program, focusing on job have different regulations.
2. Basic Rights of Workers  Payment of Wages: Wages must be paid
directly to the employee in cash, legal
The code enshrines several fundamental rights for tender, and at regular intervals not exceeding
workers: 16 days.
 Prohibitions on Wage Deductions:
 Right to Self-Organization: Workers can Deductions are only allowed in specific
form and join labor unions for collective cases, such as for insurance premiums,
bargaining and mutual aid. union dues, or authorized by law or
 Security of Tenure: Employees cannot be collective agreements.
dismissed without just or authorized cause
and due process. 4. Holiday Pay
 Just and Humane Conditions of Work:
Employers must provide safe working  Regular Holidays: Employees are entitled
conditions, fair wages, and reasonable to 100% of their daily wage even if they do
working hours. not work. If they work on a regular holiday,
 Equal Work Opportunities: they receive 200% of their daily wage.
Discrimination based on gender, race, creed,  Special Non-Working Days: No work, no
or political affiliation is prohibited. pay principle applies unless there's a
favorable company policy or collective
C. Employment Terms and Conditions agreement. If worked, employees receive an
additional 30% of their daily wage.
1. Working Hours
5. Leaves
 Normal Working Hours: The standard is 8
hours per day, excluding meal periods.  Service Incentive Leave (SIL): Employees
 Overtime Work: Work performed beyond 8 who have rendered at least one year of
hours must be compensated with an service are entitled to 5 days of paid leave
additional 25% of the regular hourly rate annually.
on ordinary days and 30% on rest days and  Maternity Leave: Female workers are
holidays. entitled to 105 days of paid maternity
 Night Shift Differential: Employees leave, with an additional 15 days for solo
working between 10:00 PM and 6:00 AM parents. They also have the option to extend
are entitled to an additional 10% of their for an additional 30 days without pay.
regular wage.  Paternity Leave: Married male employees
are entitled to 7 days of paid leave for the
2. Rest Periods first four deliveries of their legitimate
spouse.
 Meal Breaks: Employees are entitled to at  Parental Leave for Solo Parents: An
least a 1-hour unpaid meal break after 5 additional 7 days of paid leave annually
consecutive hours of work. under the Solo Parents' Welfare Act.
 Rest Days: A minimum of 24 consecutive  Leave for Victims of Violence Against
hours of rest per week, usually on Sundays, Women and Children: 10 days of paid
unless otherwise agreed upon. leave for female employees who are victims
of violence under the Anti-Violence
3. Wages Against Women and Their Children Act.

 Minimum Wage: Set by the Regional D. Employee Welfare

Tripartite Wages and Productivity Board,
considering the cost of living and other 1. Occupational Health and Safety
socio-economic factors.
Employers are mandated to ensure a safe and o Closing or Cessation of Operation
healthy workplace by: o Disease: When an employee's
continued employment is prohibited
 Providing Safety Equipment: Supplying by law or is prejudicial to his health
necessary protective gear and ensuring or that of his co-employees.
machinery and equipment are safe to use.
 Conducting Training and Drills: Due Process: Employers must observe procedural
Regularly training employees on safety due process by providing notice and hearing before
protocols and conducting emergency drills. termination.
 Compliance with Standards: Adhering to
standards set by the Occupational Safety Separation Pay: Depending on the cause,
and Health Center (OSHC) and the employees may be entitled to separation pay
Department of Labor and Employment ranging from half-month to one-month salary for
(DOLE). every year of service.
 Reporting and Investigations: Promptly
reporting workplace accidents and E. Labor Relations
conducting investigations to prevent
recurrence. 1. Right to Self-Organization

2. Social Welfare Benefits Workers have the right to form and join labor
unions of their choosing without interference from
Employees are entitled to various social benefits: employers or the government. This right is
protected under the constitution and labor laws,
 Social Security System (SSS): Provides ensuring workers can collectively bargain for better
benefits for retirement, disability, maternity, terms and conditions.
sickness, and death.
 PhilHealth: Offers health insurance 2. Collective Bargaining
coverage for medical and hospitalization
expenses. Collective Bargaining Agreements (CBA) are
 Home Development Mutual Fund (Pag- negotiated between the employer and the duly
IBIG Fund): Provides housing loans and recognized labor union. CBAs cover:
savings programs.
 Wages and Benefits
Employers are required to register their employees  Working Hours and Conditions
and make regular contributions to these agencies.  Grievance Mechanisms
 Dispute Resolution Procedures
3. Termination of Employment
CBAs are valid for 5 years, with economic
Termination can occur due to: provisions subject to renegotiation after 3 years.

 Just Causes (Employee's Fault): Such as 3. Strikes and Lockouts

serious misconduct, willful disobedience,
gross and habitual neglect of duties, fraud,  Strikes: Workers may stage strikes in cases
or commission of a crime against the of unfair labor practices or deadlocks in
employer or his family. CBA negotiations. Procedures include filing
 Authorized Causes (Economic or Business a notice of strike, cooling-off periods, and
Reasons): conducting a strike vote.
o Installation of Labor-Saving  Lockouts: Employers may declare a lockout
Devices following similar procedures if workers
o Redundancy commit unfair labor practices or in case of
o Retrenchment to Prevent Losses bargaining deadlocks.
Prohibition of Illegal Strikes/Lockouts: Strikes or  Endo (End of Contract) Practices: Efforts
lockouts not complying with legal procedures are to eliminate contractualization and provide
deemed illegal, potentially resulting in termination job security.
or legal sanctions.  Gig Economy: Addressing labor rights and
protections for freelance and gig workers.
F. Dispute Resolution  Telecommuting Act (Republic Act No.
11165): Establishing policies for remote
1. National Labor Relations Commission work arrangements.
(NLRC)

The NLRC is a quasi-judicial body tasked with

resolving labor disputes, including: Conclusion

 Unfair Labor Practices Understanding the International Labor

 Termination Disputes Organization and the Labor Code of the
 Wage Claims Philippines is crucial for appreciating the
 Enforcement of Labor Standards development and enforcement of labor standards
that protect workers' rights and promote fair
The commission conducts hearings and issues employment practices. The ILO sets the global
decisions, which can be appealed to the Court of framework and standards for labor rights, while the
Appeals and, ultimately, the Supreme Court. Labor Code operationalizes these principles within
the Philippine context, addressing the unique
2. Voluntary Arbitration economic, social, and cultural factors influencing
labor relations in the country.
Parties may opt for voluntary arbitration to resolve
disputes more amicably and expediently. An These institutions and legal frameworks continue to
impartial arbitrator or panel examines the case and evolve, responding to emerging challenges such as
renders a binding decision. This method is globalization, technological advancements, and
encouraged for its efficiency and less adversarial changing workforce dynamics to ensure that labor
nature. rights are upheld and that work remains a source of
dignity and economic prosperity for all individuals.
G. Updates and Amendments

The Labor Code has undergone several amendments

to adapt to changing labor landscapes:

 Republic Act No. 6727 (1989): Instituted

the Wage Rationalization Act, creating
regional wage boards.
 Republic Act No. 10361 (2013): Known as
the Batas Kasambahay, providing labor
standards for domestic workers.
 Republic Act No. 10151 (2011): Allowed
night work for women, subject to safety
measures.
 Republic Act No. 11058 (2018):
Strengthened compliance with
Occupational Safety and Health
Standards.

Current Issues and Reforms: