5
Protecting Workers Rights in Crisis Situations
Given the current global situation and the Philippine experience during the worst
of the pandemic, the purpose of this report is to help make sure that the necessary
measures are in place to avoid the tragic human toll in future emergency situations.
Among the many lessons we have learned from dealing with COVID-19 is that
social security and public well-being are crucial determinants of development and
resilience. Simply put, there can be no economic activity, much less growth, when
huge sections of the population are vulnerable to health emergencies or other
shocks.
As noted by the Concluding Observations on the combined fifth and sixth periodic
reports on the Philippines by the Committee on Economic, Social and Cultural
Rights (CESCR), the country has around 75% of its total workforce in the informal
economy, without any access to labor rights and protection, together with the
prevalence of contractual work arrangements.15 Another issue area is the absence
of a national minimum wage, and the chronically low wages suffer due to the "lack
of genuine and effective participation of workers in the wage-setting process"—
demonstrated by a abysmally low "floor wage"16 and the fact that only a small
section of the workforce is covered by the minimum wage.17
Specifically, the report also raises its concern about:
"the precarious working conditions in sweatshops, which are often
excluded and hidden from labour inspections, where workers, mostly
women, are subjected to exploitation with pay below the minimum
wage, long working hours, and unsafe and unhealthy working
conditions, and where they are exposed to occupational accidents,
abuse and extra demands"18
It is crucial to ensure that citizens' social and economic rights are protected,
especially during crises. One area that must be the focus of monitoring is
compliance with labor rights and standards. As we have seen, employment
security is one of the first to be severely compromised by the ongoing pandemic.
Yet, for many workers, access to healthcare is directly tied to their employment
and ability to provide for their families. This is also one vulnerable area for abuses
15
U.N. Economic And Social Council, Concluding Observations On The Combined Fifth And
Sixth Periodic Reports Of The Philippines ¶ 27 E/C.12/PHL/CO/5-6 (October 26, 2016).
16 Id. at ¶ 29.
17 Id.
18 Id. at ¶ 27.