participation of workers in the wage-setting process. It is also concerned that the two-tier wage system bases the so-called “floor
wage” on the poverty threshold, which is much lower than the minimum wages, and that the level of wages set through the system is
generally low, particularly in the agricultural and fishery sectors. It is further concerned that the minimum wages cover only 13 per
cent of the workforce and that a number of sectors are exempt from minimum wages. In addition, the Committee is concerned at the
insufficient level of the minimum wages, the large number of complaints concerning non-compliance with the minimum wages, and the
lenient and non-dissuasive punishment given to employers found to be in breach of the minimum wage rules (arts. 7 and 8).
30. Drawing the State party’s attention to the Committee’s general comment No. 23 (2016) on the right to just and
favourable conditions of work, the Committee recommends that the State party:
(a) Review the Wage Rationalization Act of 1989 with a view to reinstating the national minimum wage;
(b) Take all measures necessary to ensure the genuine and effective participation of workers in tripartite bodies;
(c) Take the steps necessary to ensure that all workers are covered by minimum wages, that minimum wages are
regularly adjusted to the cost of living, and to reinforce employers’ compliance with the minimum wages through labour
inspections and complaint mechanisms, ensuring that those who fail to pay minimum wages are sanctioned with penalties
commensurate with the offence;
(d) Review the two-tiered wage system with a view to ensuring that the floor wage is no lower than the minimum wage,
which should ensure that workers and their families have an adequate standard of living.
Right to social security
31.The Committee is concerned that, despite the increase in recent years, the level of public spending on social protection remains
low. It is also concerned that the Social Pension for Indigent Senior Citizens covers only 28.5 per cent of the statutory pension age
population and that the amount of the benefit is insufficient (500 pesos or about US$ 10 per month) to ensure an adequate standard
of living for the beneficiaries and their families. It is further concerned at the absence of unemployment benefits (arts. 9 and 11).
32. The Committee recommends that the State party:
(a) Increase the budget allocation for social protection;
(b) Expand the coverage of the Social Pension for Indigent Senior Citizens to all those of statutory pension age, increase
the amount of the benefit and regularly review and adjust it with a view to ensuring an adequate standard of living for the
beneficiaries and their families;
(c) Establish unemployment benefits;
(d) Establish a nationally defined social protection floor with a view to providing a basic set of universal essential social
guarantees, taking into account the Committee’s general comment No. 19 (2007) on the right to social security, as well
as its statement on social protection floors: an essential element of the right to social security and of the sustainable
development goals (2015).
Protection of family, mothers and children
33.The Committee reiterates its concern that certain provisions of the Revised Penal Code and the Code of Muslim Personal Laws
are in violation of the Covenant and that they are in conflict with the Magna Carta of Women, particularly concerning early marriage,
polygamy and divorce. It is also concerned at the absence of legislation providing for divorce and the delay in adopting legislation to
amend the Family Code (arts. 3 and 10).
34. The Committee recommends that the State party review the Revised Penal Code and the Code of Muslim Personal
Laws with a view to prohibiting early marriage and polygamy and to bringing the two Codes in line with the Magna Carta
of Women and international human rights standards. It also recommends that the State party expedite the adoption of
legislation that provides for divorce.
Birth registration
35.While welcoming Presidential Proclamation No. 1106 of 2015, the Committee remains concerned at the low level of birth
registration among indigenous children, Muslim children and children of overseas Filipino workers, which has a direct impact on their
enjoyment of economic, social and cultural rights (art. 10).
36. The Committee recommends that the State party take all steps necessary to ensure that all children, including
indigenous children, Muslim children and children of overseas Filipino workers, are registered, including through the
implementation of Presidential Proclamation No. 1106 of 2015 and through diplomatic relations with countries of
destination of overseas Filipino workers.
Economic exploitation of children
37.The Committee reiterates its concerns that an estimated 1.5 million children between the ages of 5 and 14 are engaged in child
labour and that half of them are working in hazardous or dangerous conditions and are exposed to various forms of sexual and
economic exploitation. It is also concerned that most of those children are out of school and are engaged in the mining and agricultural