Carolyn Sobritchea

ADB National Consultant ILO and ADB regional Workshop Promoting Gender Equality in the Labor market for more inclusive Growth 17 18 June 2013 manila

The views expressed in this paper are the views of the author and do not necessarily reflect the views or policies of the Asian Development Bank (ADB), or its Board of Governors, or the governments they represent. ADB does not guarantee the accuracy of the data included in this paper and accepts no responsibility for any consequence of their use. The countries listed in this paper do not imply any view on ADBs part as to sovereignty or independent status or necessarily conform to ADBs terminology.

 Legal

framework for promoting gender equality in the labour market Policy framework for promoting inclusive growth in the labour market Key findings on gendered analysis Legal and policy recommendations made for:

promoting and expanding decent work in the formal sector Promoting transition from Informal to formal sector Enforcing and improving employment policy

Philippine Constitution provides for equality between women and men; with a provision adopting generally accepted principles of international law as part of the law of the land; Ratification of the UN Convention on the Elimination on All Forms of Discrimination Against Women (CEDAW) and subsequently, its Optional Protocol; Ratification of 34 ILO Conventions including 8 Fundamental Conventions and 2 Priority Conventions; Legislation on fundamental labour rights in the

Labor Code; Women in Development and Nation Building Act; Magna Carta of Women; Act amending Labor Code on collective bargaining and grievance machineries). Act Providing Assistance to Women Engaging in Micro and Cottage Business Enterprises..; the National Dairy Development Act of 1995 and the Agriculture and Fisheries Modernization Act of 2004, the Social Reform and Poverty Alleviation Act of 1997

Laws providing for financial assistance to engage in economic production

 Other

work.

important laws affecting womens

The right of women to apply for, hold, and own land in their names finds support in the Comprehensive Agrarian Reform Law of 1988; Anti-Violence Against Women And Their Children Act Of 2004 provides for a sanctions against economic abuse Maternity and paternity leave privileges to harmonize work with family responsibilities; The Solo Parent Law ; The Anti- Sexual Harassment Law The law requiring the establishment of day-care centers in every village

The Philippine Development Plan 2012-2016 is the main policy for development and includes employment priorities which include that:

Urban bias in program design to be reduced to favor more rural, agribased initiatives; Gender issues in work and in workplaces are to be adequately addressed; Access to capital, to common resources, technology for the vulnerable groups are to be greatly improved; Labor market intermediation aided by technology to increase geographic, occupational and social mobility, are to be promoted; Mechanisms to facilitate transit of small-scale entrepreneurs from the informal to the formal sectors; Social protection as it positively impacts on equity, redistribution and social justice contributes to sustainable growth in the long-term; given differing work and representation requisites, human resource systems are to be available for both domestic and overseas workers; (Source: Republic of the Philippines. 2011. Philippine Development Plan, 2011-2016. Manila)

Specific policies concerning women

The 2009 Magna Carta of Women (RA 9710) declares as a State policy the full integration of womens concerns in the mainstream of development; GAD Mainstreaming Mechanism (a) Creation of a Gender and Development (GAD) Focal Point within an agency, tasked to advocate, coordinate, guide and monitor the development of a plan, as well as related programs, activities and projects; (b) Preparation and implementation of a GAD Plan and allocation of at least 5% of the total budget appropriation for gender-related activities as provided in the Women in Development and Nation-Building Act ( RA 7192) and in the General Appropriations Act of 1995; and (c) Submission of the annual GAD accomplishment report highlighting the results and impacts of gender-related programs and services.

1.

Decent wage
Salary standardization or merit promotions is lacking in competency or adequacy to determine decent wage. There is a need for a more comprehensive job evaluation scheme that cuts across industries and sectors; There is a need to review the Salary Standardization Law so that work for women is appropriately analysed and evaluation methods that are free from gender bias are applied. Need to enact/amend laws to conform to the international standards of equal pay of work of equal value.

2. Education and technical skills for women

There

is a need to encourage target industries through programs and industries to promote employment of women; There is a need to strengthen current programs in skills development/practical training for women to enter jobs that are currently male-dominated;

3. Access to employment

There has been an increase of contract workers and the decline of permanent workers. This practice deprives workers security of tenure in their jobs; While there are guidelines on contract employment, there is a need for periodic monitoring to ascertain legitimacy of the service in accordance with existing laws.

4. Working conditions Policies in pursuing gender balance in the workplace must be realized by encouraging more active participation of the private sector. There is a need to increase and enhance social protection especially of women Laws with remaining discriminatory provisions should be amended.

5.

6.

Complaints and grievances There is a high backlog of cases in labor courts; There is a need to improve the mechanisms to speed up the process of dispute resolution. Unionization/union participation Unionization has declined in recent years which therefore weakened the bargaining position of workers; There is a need to review and amend the provision on unionization of the labor law to ensure more and better participation of women workers

B. Promoting Transition from the Informal to Formal Sector 1. Accreditation of informal jobs. Laws aimed to standardize accreditation of informal jobs with minimal cost should be enacted; 2. Basic social services Make available to informal workers, especially to women all social services provided to those in the formal sector

 Capital

resources Strengthen current efforts of making capital resources available especially to women in the informal sector; C. Promoting Decent Work in the Informal Sector The right to labour should be recognized in workers engaged even in unregistered business right to social protection, right to training and development and the right to file complaints against abuses.

 Ensuring

effective monitoring and compliance of laws in the labour market. Standardized contract on employment Tax incentives and related measures can be promoted to increase female participation in the labour force.

 Inclusive

growth is defined to be sustained growth that massively creates jobs, draws the majority into the economic and social mainstream and continuously reduces mass poverty. There is a need, therefore, to address the gender biases in the labor market through legal and policy reforms and enhancement of current efforts in promoting genderresponsive employment programs and services.

THANK YOU