catalytic
industries,
adjustments,
industries
support
industries
undergoing
and
overseas
employment.
,
Rural Development - This addresses the need
in _ national
countryside
the
to mainstream
development
through
addressing
the
skills
requirements of economic activities in the rural
areas, especially in pursuing technology-based
agriculture and fishery development.
Social
Integration
- This
focuses
on
the
development of para-professional and other social
development workers to facilitate the delivery
and accessibility of social development services;
provision of wider range of economic and social
alternatives
to
poor
and
other
Filipinos; and development
and personal skills.
disadvantaged
of intangible
decision said that Art. 7 of the ICESCR “impregnably
institutionalizes in this jurisdiction the long honored
truism of equal pay for equal work. Persons who work
with substantially equal qualifications, skill, effort and
responsibility, under similar conditions should be paid
similar salaries. This rule applies to the School, its
international character notwithstanding.”
3.b, Non-discrimination regarding vocational
guidance and training
179. Philippine laws and policies on technical
vocational guidance and training, employment
occupation apply to all persons regardless
race or ethnic origin, color, sex and religion.
and
and
of their
social
3.c Preference for employment of Philippine
nationals
180. The
Bia. Discrimination at work
1175. As a rule, there
‘restrictions
practices
persons or
‘color, sex,
are no
distinctions,
exclusions,
or preferences in law, in administrative
or in practical relationships,
between
group of persons on the basis of race,
religion, political opinion, nationality or
preference
for employment
of a Philippine
national over an alien is not considered discriminatory
both in law and practice, owing to the nationalization
policy of the Constitution and to the realities of the
employment market.
Question No. 4. Part of the working population which
holds more than one full-time job
social origin.
L 76. The only exception is Art. 40 of the Labor Code
which regulates the entry of foreign nationals into
he employment market. More specifically, Art. 40
requires non-resident aliens seeking admission into
he Philippines for employment purposes to obtain
an alien employment permit from the DOLE. The
ee
of the permit is subject to the “labor market
it ;
that is, only after determination of the nonay ailability of a Filipino who is competent, able and
willing to perform the service required of the alien at
the time such service is needed.
177. To allow it to fulfill its commitments to the
different multilateral institutions, such as the World
Trade Organization, the Association of Southeast Asian
Nations
and Asia-Pacific Economic Cooperation, the
Government is exploring the possibility of liberalizing
Art. 40
in
industries
or occupations
where
and banking industries, as well as in business and the
Professions.
School
Alliance
of Educators
¥. Quisumbing, (G.R. No. 128845, 1 June 2000),
the Supreme
Court
of the
Philippines
182. More than 50 per cent of women works full time
or worked less than 40 hours per week. In 1989, the
proportion of women working full-time was 62 per
cent and in 1999, the rate shrunk to 60 per cent. The
visibly underemployed women increased from 36.4
per cent in 1989 to 38.1 in 1999.
Question No. 5. Changes in legislation and policies
affecting the right to work
the
expertise of a foreign national is needed, specifically
in the maritime, air transport, telecommunication
‘178. In International
181. There is no available information on the
proportion of the working population that holds
more than one full-time job in order to secure for
themselves and their families an adequate standard
of living. An inference, however, can be drawn from
the incidence of underemployment, which as of 1999
stands at 22.3 per cent.
declared
discriminatory the grant of higher salaries for foreign
hires to the prejudice of local hires. The Court in its
183. The three major laws passed during the reporting
period which affected the right to work are as follows TESDA law, the Dual-Tech Law, and the Migrant Workers
Act. The Supreme Court has consistently upheld as
a valid exercise of police power the regulation by
the Government of the outflow of overseas Filipino
workers. In 1989, in one case, the Supreme Court
sustained a ban imposed by the Secretary of Labor
against the deployment of domestic helpers abroad
as this was done to safeguard the welfare of this
PHILIPPINE GOVERNMENT'S 2ND TO 4TH PERIODIC Report 81