IR 204 - Reviewer
IR 204 - Reviewer
Group 1: Decent Work, Labor Market Governance & Occupational Safety & Health:
A. Decent Work:
- Work that is meaningful and productive, pays a living wage, provides benefits and social protections, and is protected by strong labor laws
guarantee workers’ rights, including freedom of association (the right to join and be represented by a union)
4 Features:
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1. Employment Opportunities 1. Employment opportunities: 1. Involuntary unemployment and poverty;
2. Adequate earnings and productive work a. Active labor market interventions aimed at 2. Abuse of rights at work and forced child labor exists;
3. Decent working time enhancing employment – facilitating access to 3. Basic income is missing, and the workplace anxiety
4. Combining work, family and personal life employment opportunities depression and exhaustion are common place;
5. Work that should be abolished 2. Adequate Earnings and Productive Works: 4. Workers and employers are either not organized to
6. Stability and Security at work 3. Decent working hours: make their voice heard or have obstacles to effective
7. Equal opportunity and treatment a. 8 hrs of work a day dialogue; and
8. Safe work environment b. Work beyond 8 hrs = overtime 5. Life at work cannot be property balanced with the claims
9. Social security 4. Flexible Working Arrangements: of the family.
10. Social dialogue, employers’ and workers’ representation a. Maternity Leave
b. Paternity Leave
c. Solo-Parent Leave
Labor Law & Regulatory Environment Labor Administration Industrial Relations Social Dialogue
▪ Policies, laws, and other forms of ▪ Labor Inspection ▪ Labor market governance is unlikely to ▪ On-going negotiation, consultation or
regulations that establish the parameters ▪ Occupational Safety and Health improve if the tripartite constituents do exchange of information between LMG:
of LMG; ▪ Labor Dispute Settlement not meaningfully participate in the
▪ Labor market operates more effectively process.
when supported by laws, policies, and ▪ Art. 275- Labor Code PH – declaring
institutional arrangements that promotes a tripartism as a state policy. Towards the
transparent stable and predictable end, Workers & Employers shall be
investment climate. represented in decision and policy making
▪ When undertaking reform of the national bodies of the government
policies, internationally recognized labor
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standards contained in conventions should
serve as the minimum for setting
standards.
3 Main Importance of OSH Deficiencies in the Implementation of OSH Risk Assessments & Recommendations
1. The Maintenance and promotion of workers’ health and ❖ Leadership and mindset & corporate commitment ✓ Process safety
working capacity. ❖ Life cycle approach to OSH, investment in infrastructure and ✓ Mechanical integrity and quality assurance
management systems ✓ Capability development
2. The improvement of working environment and work to
❖ Regulatory framework and compliance ✓ Development of corporate safety standards and audit
become conductive to safety and health.
❖ Awareness, Education and Training protocols
3. Development of work organizations and working cultures in a ❖ Use of Technology as a Strategic Enabler ✓ Incident investigation
direction which supports health and safety at work. ✓ Contracted safety management
Workplace Hazards:
- Occupational hazard that involves - Biological substances that pose a threat to the - Occupational hazard caused by exposure to - Stress, violence, and other mental or
environmental hazards that can cause harm threat to the health of living organisms, chemicals in the workplace. workplace stressors.
with or with contact. humans.
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Group 2: Precarious Work
▪ Lacks Labor Market Security ▪ Precarious Workers do not have adequate income-earning 1. DOLE Integrated livelihood Program (DILP) –
opportunities provides capability-building on livelihood formation,
enhancement and restoration for the self-employed,
▪ Lacks Employment Security ▪ Precarious Workers have no protection against loss of
unpaid family workers in the informal economy and to
income-earning work, and they have no opportunity to
the long-term unemployed poor.
continue working in an enterprise.
2. Self-Employed Kaunlaran Program (SEA-K) –
▪ Precarious Workers have no security of tenure which, in provides activities for the enhancement of
result, they have weak protection against unfair or arbitrary socioeconomic skills of poor families to establish and
dismissal, and have no representation. self-manage a sustainable community based credit-
organization for the entrepreneurial development.
▪ Lack of Job Security ▪ Precarious workers will have a difficulty to pursue a line of 3. Integrated Services for Livelihood Advancement of
worker in conjunction with his or her interest, training and the Fisherfolks (ISLA) – assists fisherfolks in making
skills. their livelihood undertakings grow into viable and
▪ Lack of Work Security ▪ Precarious workers are more likely to be engaged in a sustainable business – improving their income to be
dangerous and hazardous working conditions same as the minimum wage earners.
4. Cash-for-Work Program (CWP) – provides financial
▪ Lack of Skill Production Securiy ▪ Most precarious workers have no access to basic education support to disaster victims, displaced or distressed
as well as vocational training to develop capacities and persons in exchange for the services and involvement in
acquire the qualifications need for socially and
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economically valuable occupations the undertaking restoration & rehabilitation services.
5. Out-of-School Youth Serving Towards Economic
▪ Lack of Income Security ▪ Precarious workers have no assurance to incur stable
Recovery Program (OYSTER) – provides livelihood and
income earned or social security and other benefits.
employment opportunities/assistance for the
▪ Lack of Representation Security ▪ Precarious workers do not have voice in the workplace due marginalized out-of-school yout of the country.
to their temporary status, low trade union density
NOTE:
➢ Companies are skirting their legal obligations to workers by replacing permanent jobs with contract and temporary work.
➢ Precarious workers (Casual, Contractual, Project-based, Seasonal, Apprentice/Learners) are those who fill permanent job needs but are denied permanent employee rights.
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● Family members who work without pay in a farm or business operated by the family.
Human Trafficking
- The process of receiving people from a community/country of original wherein they will be transported to the destination where they are being
exploited for labor, prostitution, domestic servitude and other forms of exploitation.
Purpose:
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Human Trafficking vs. Migrant Smuggling:
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Human Trafficking:
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What is a Child?
- Work that:
o Is mentally, physically, socially or morally dangerous and harmful to children; and
o Interferes with their school by:
▪ Depriving them of the opportunity to attend school;
▪ Obliging them to leave school permanently; or
▪ Requiring them to attempt to combine school attendance with excessively long and heavy work.
Child Labor:
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● Parent’s Educational Status ● It acts as a barrier to achieve “Education for 1. ILO C138: Minimum Age
● School quality all” 2. ILO C182: Worst forms of Child Labor
● Poverty ● It lowers the enrollment ratio 3. RA 9231: Anti-Child Labor Law
● Household production ● Employment pattern tends to be gender-
● Age specified
● Siblings ● High prevalence of respiratory, digestive and
● History conditions, also mental illness of the child
● Technology ● Poor physical health or long term health
problems of the child
● Prone to physical injuries or exposure to
hazardous working conditions.
● Growth deficiency
● Exposure to STD/HIV
What is a Youth?
- The period of a person’s growth from the onset of adolescence towards the peak of mature, self-reliant and responsible adulthood.
- Ages 15-30 years old
Challenges:
National policies and programs relating to the youth decent work deficit:
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7. National Technical Education and Skills Development Plan (2011-2016)
8. Technical Education and Skills Development Authority (TESDA) leads and coordinates a number of “Enterprise-Based Programs”
9. TESDA’s Enterprise-Based Programs include the Apprenticeship Programme
10. Training for Work Scholarships
Migration Immigration
Movement of people to a new area or country in order to find work for better International movement of people into a destination country
living.
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Theories of International Migration:
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Rise in
unemployment/underemployment
• Evaluation of place utilities and disutilities • Weak immigration law system (no boundaries control)
NOTES:
- Chain migration is the social process by which immigrants from a particular town follow other from that town to a particular city or neighborhood, whether in an immigrant-receiving country or in a
new, usually urban, location in the home country.
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- Family reunification is a recognized reason for immigration in many countries because of the presence of one or more family members in a certain country, therefore, enables the rest of the divided
family or only specific members of the family to immigrate to that country as well.
• Family reunification laws try to balance the right of a family to live together with the country's right to control immigration. However, how this balance looks like, e.g. which members of the
family can be reunited, differs largely between countries.
REMITTANCE:
- the money and goods that are transmitted to the household by the migrant workers working outside of their origin communities, either urban or
abroad.
Theories of Remittance:
1. Altruism – to help the family 2. Insurance – to secure from adverse risks 3. Investment – to earn more income
Outcomes of Remittance:
Determinants Effect
POSITIVE OUTCOMES Poverty An increase in remittances is a decrease in the country’s poverty rate.
Health Reduces infant mortality & child health by raising household incomes & raising the knowledge of the mother
Education Household receiving more income tend to invest in pursuing better education, thus reducing illiteracy.
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NEGATIVE OUTCOMES Inequality An increase in remittance, increases also InEquality because of the cost to migrate to another country.
Investment Most household receiving income spends on “Status-oriented” products such as jewelries, gadgets, car
Labor Supply Reduces labor force in the sending country.
Local workers opted to leave country due to the competitive wage offers abroad.
Overseas Migration:
Determinants Effects
POSITIVE OUTCOMES Pressure off the Loss or relieves pressure in an over-crowded market.
domestic market
Decrease of the labor pool in the sending country, help alleviate unemployment and increase the incomes of the
remaining workers.
Remittance It helps reduce poverty; It increases a country’s creditworthiness & increase access to international capital
markets which can finance local development project.
Increase Human Individuals left their home country to increase their education & skills.
Quality
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NEGATIVE OUTCOMES Generates Labor An increase in overseas migration leads to an decrease of skilled laborers of the sending country
Shortage
Generates Social Absence of one family member, particularly the parent, affect the children.
Cost
• 1951 UN Convention relating to the status of refugees and its 1967 Protocol
• 1990 UN Convention for the protection of the rights of all migrant workers and members of their families
• 2000 UN Protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the UN Convention against transnational crime
• 2000 UN protocol against the smuggling of migrants by land, sea and air, supplementing the UN Convention against trans-national organized crime
• Convention concerning Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers (Entry into force: 09 December 1978)
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DOMESTIC LAWS RELATED TO MIGRATION AND THE MIGRANTS WORKS
▪ Labor Code of the Philippines (PD 442) (with provisions on Overseas Employment, 1974
REPUBLIC ACT NO. 8042 Migrant Workers and Overseas Filipinos Act of 1995
• An act to institute the policies of overseas employment and establish a higher standard of protection and promotion of the welfare of migrant workers, their families and overseas Filipinos in distress, and
for other purposes.
Globalization - is the increasing interaction of people through the growth of the international flow of money, ideas and culture. It involves goods and
services, and the economic resources of capital, technology and data.
● KOF Index of Globalization - which measures three important dimensions of globalization: economic, social, and political.
● Enabling Trade Index - measures the factors, policies and services that facilitate the trade in goods across borders and to destination.
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Positive vs. Negative Outcomes of Globalization:
POSTIVE NEGATIVE
a. Market Efficiency - a. Outsourcing
b. Increased competition b. Dissolving Culture
c. Stabilized security c. Evolving Disease
d. More wealth equality d. Incompetent Labor
Employment The utilization of more efficient technology means that industries have to down size or right ● Strengthening of employers organizational
capability to provide cooperation and
Relations size their operations. mutual reinforcement among its members
to cushion the impact of competition coming
Labor Relations The impact of globalization and free trade on labor relations in the Philippines is also profound.
from foreign sources. The concept of regular
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employment should be expanded to include
other types of employment relations.
Additional Notes:
● Opposition to capital market integration - Increasing integration of financial markets between countries leads to the emergence of a global capital marketplace or a single world market.
● Anti-corporatism and anti-consumerism - Corporatist ideology, which privileges the rights of corporations over those of natural persons, is an underlying factor in the recent rapid
expansion of global commerce.
● Global justice and inequality - The global justice movement is the loose collection of individuals and groups—often referred to as a "movement of movements"—who advocate fair trade
rules and perceive current institutions of global economic integration as problems.
● Social inequality -The economies of the world have developed unevenly, historically, such that entire geographical regions were left mired in poverty and disease while others began to reduce
poverty and disease on a wholesale basis.
ASEAN INTEGRATION:
ASEAN – Association of South East Asian Nations
Members:
- Brunei Darussalam - Myanmar
- Cambodia - Philippines
- Indonesia - Singapore
- Laos PDR - Thailand
- Malaysia - Vietnam
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ASEAN being a community revolving on ideals of peace and security , the Treaty of Amity and Cooperation (TAC) fosters harmonious relations between
ASEAN member-states (and other external parties) and the 2002 COC in SCS and Declaration of the COC in SCS provides guidelines between ASEAN and
China in the treatment of the disputed area.
4 Pillars Objective
o Single market and production base o Create an open and integrated where there are more product choices at:
o Competitive economic region competitive prices, help businesses explore other markets and extend
their reach at little cost using simplified cross-border trading and
o Equitable economic development improved investment climate.
o Integration into global economy o It also aims to be inclusive and equitable with efforts concentrating on
helping small and medium enterprises as well as newer ASEAN members,
and to be integrated to the global economy through farsighted free-trade
and encompassing economic partnerships and cooperation.
Business Process Outsourcing – a subset of outsourcing that involves the contracting of the operations and responsibilities of a specific business process to
a third-party service provider.
The diagram shows the industry being divided into services that can be provided across all
sectors (horizontal services) and services that are industry-specific (vertical services). Firms
under the horizontal services tend to be process experts and cover general support activities
which include tasks ranging from repetitive transactional processes to transformational
operations that depend on analytical skills (Stark et al. 2013), whereas those in the vertical
chains require knowledge and expertise specific to in the industry, that may have little or
limited application in other industries. Horizontal services are further subdivided into
information technology, knowledge, and business processes. ITO is reported to cover a full
range of low-, mid-, and high-value activities while KPOs embody high value-added content.
BPOs are shown to cover mostly activities within the low and middle segments of the offshore
services chain. By categorizing services this way and indicating the human capital required at
each level of the chain, developing countries are given instruments through which they can
determine how and where to participate in the value chain, given the current educational level
of their workforce. They can opt to develop strategies and implement policies to build their
human capital for those services segments that they wish to provide and concentrate on
(Gereffi and Stark 2010).
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BPO Challenges:
Challenges/Determinants Effects Policies
Skills Shortage Expanding BPO Sector in the PH threatens • DOLE OSH in call centers
concominant skills shortage • HB 8711 Ensuring the welfare and protection of
BPO workers
High turnover of BPO workers putting further • RA 10151An act allowing the employment of Night
strain on employers’ ability to train workers for workers
higher value added activities • Public-private partnership (PPP) between IBPAP
and the Technical Education and Skills Development
BPO sector employee health and well-being Employees report high-stress work environments Authority (TESDA).
with detrimental impacts on health • Aiming to reduce recruitment costs and promoting a
steadier supply of BPO employees, IBPAP has
High incidence of HIV/AODS among BPO workers designed a national competency test
• Private sector initiatives
Gender Pay Gap More than 50% of workers are women but they • Telework from home provisions for workers with
tend to be concentrated on low paid, low-skilled children
work • Dialogue between single parents and executives
• Promote compliance with OSH and general labour
Workers’ voice, collective bargaining anf Trade union activite almost non-existent in the standards
ability to organize BPO sector, although in theory thay can organize. • Improve employee health and wellness
• Government efforts to reduce the incidence of
o they feel that their current job is not part of their lifetime career;
o they are discouraged from unionizing by their employers;
HIV/AIDS among BPO workers
o they tend to solve issues with HR on an individual basis;
o they underestimate market power; they are intimidated by the complexity of
employment agreements; they feel that unions are “something for blue-collar
workers”; and they share a prevailing antipathy for unions.
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Group 8: Discrimination in Labor Market:
Discrimination - Any distinction, exclusion or preference made on the bases of race, color, sex, religion, political opinion, national extraction or social
origin, which has the effect of nullifying orimpairing equality of opportunity or treatment in employment or occupation. (Art. 1 (1-a), ILO C-111)
Direct Discrimination – occurs when a prohibited ground is explicitly used for job-releated differential tretment in laws, rules or practices.
Indirect Discrimination – it cannot be justified by the inherent requirements of the job. It may involve certain requirements (Physical height or dress code),
conditions (working hours) or practices (blaming ofr common incidents) that have a disaproportionately negative impact on members of a certain group,
such as women, ethnic or religious groups.
• The gender pay gap seems to favor women in the • Targeting the macroeconomic environment and
Philippines, but averages mask disparities between informal economy
the sexes in pay differentials among various • Supporting the formalization of informal economy
occupational groups.
• Republic Act No. RA 7877, Anti-Sexual Harassment
• Women are often discriminated against because of Act of 1995
their sex, marital status, or family responsibilities.
Women in comparison to men, continue to be • Republic Act No. 9292, Anti-Violence Against
disadvantaged and vulnerable to exploitation and in Women and their Children
need organization, representation and social
protection. Given that an increasing number of the • Republic Act 9710, An Act Providing for the Magna
national workforce women, issues directly relevant Carta of Women
to women, which include maternity and family
responsibilities, working conditions, rights of non-
• Joint Memorandum Circular- Guidelines on the
permanent and vulnerable workers and Localization of Magna Carta of Women
employment discrimination, should be given more
attention.
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HEALTH Discrimination arises when an employment- • Tulong Alalay sa Taong May Kapansanan (TULAY)
related exclusion or disadvantage is based on a
• Support services to PWDs, of the Department of Labor
perception that persons with disabilities or health and Employment (DOLE)
conditions, unable to perform a job or too costly to
employ without such perception being supported • Assistance package for PWDs of the Department of Trade
and Industry (DTI)
by the facts of a particular situation.
• Philippine National Skills Competition for PWDs of the
Technical, Education and Skills Development Authority
(TESDA)
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AGE • Training – Older job seekers are costly to • Republic Act No. 10911 also known as Anti-
train Age Discrimination in Employment Act
• Outward appearance – young job seekers • Department Order No. 170 – Implementing
tends to be more pleasant and eager to finish Rules and Regulations of RA No. 10911
the job on time Otherwise Known as the “Anti-Age
Discrimination in Employment Act”
• Adaptation to technology – older workers
have difficulty to utilize the latest work-
gadgets.
• Health Benefits – older workers are prone to
easy sickness.
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