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Before
I talk about the various ways the workers and their
organizations promote compliance to labor standards, I
will discuss first the Philippine setting and the present
labor standards compliance situation.
Compliance
to labor standards is usually used interchangeably with
social compliance (SC), social accountability (SA), the
practice of corporate social responsibility (CSR),
compliance with ILO conventions on labor standards, and
the like. This is because compliance to labor standards is always a
major component of the various social accords.
Presence of multiple sets of standards
Being
a developing country, the Philippines has several sets of
labor standards because of its segmented economy and
industrial relations system.
Our country has a shrinking formal sector whose
wage and salaried employees (around 18% of employed labor
force in 2003) are covered by legislated labor standards
set under the various ILO conventions.
In the private sector, the labor standards are
mostly stipulated in the Labor Code of the Philippines,
the Social Security System, PhilHealth, Pag-ibig Fund and
Employees Compensation Commission.
In the government sector, the labor standards are
governed by the Civil Service Laws and the Government
Service Insurance System.
The
increasing informal sector where workers are mostly not on
a formal labor-management relations (such as unpaid family
workers, self-employed or own-account workers, piece rate
and other local and overseas contractual workers) are
directly or indirectly covered by several laws affecting
informal sector workers. Among these laws include the Barangay Micro-Business
Enterprise (BMBE) Law,
Cooperative Code of the Philippines, Cooperative
Development Authority (CDA) Law, Local Government Code,
laws governing the Overseas Workers’ Welfare
Administration (OWWA) and the Philippine Overseas
Employment Administration (POEA), Comprehensive Agrarian
Reform Law (CARL), Agriculture and Fisheries Modernization
Act, Magna Carta for Small Farmers, Social Amelioration
Program in the Sugar Industry, Small and Medium
Enterprises Development Council (SMED), Social Reform and
Poverty Alleviation Act, certain provisions of the Labor
Code of the Philippines, SSS, PhilHealth, and Employees
Compensation Commission Law (Tolentino, Sibal and
Macaranas 2001).
Bach
Macayara (2005) noted: “The framer of the [Labor] Code
at that time simply ignored the fact that in those
developed countries, many of their workers already joined
their formal sector of the economy; whereas in the
Philippines, a large majority of our workers were still
with the informal sector. As a consequence, we have a
Labor Law that was focused on protecting the smaller
segment of the workforce in the formal sector.
Nonetheless, we consoled ourselves with the thought that
as “economic development deepens, most of our workers
will eventually end up with the formal sector of our
economy” an assumption that now appeared premature as
this was reversed when globalization was introduced”.
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