REPUBLIC OF THE PHILIPPINES DEPARTMENT OF INFORMATION AND COMMUNICATIONS TECHNOLOGY PHILIPPINES DIGITAL INFRASTRUCTURE PROJECT P176317 Labor Management Procedures (LMP) Final March 2024 1 Table of Contents Table of Contents 2 List of Tables 3 Abbreviation and Acronyms 4 Glossary 6 1. Introduction 8 2. Overview of National Labor Laws and Environmental and Social Standard 2 Requirements 11 2.1 Labor Terms and Conditions 11 2.2 Safety and Health at the Workplace 17 3. Description of Project Workers 19 3.1 Description of Project Workers 19 3.2 Time frame for labor needs 21 4. Assessment of the Main Labor Risks 22 5. Roles and Responsibilities 25 6. Project Policies and Procedures 27 6.1 Procedures 27 7. Terms and Labor Conditions of the Project 34 8. Management of Contractors and Subcontractors 37 9. Workers’ Grievance Redress Mechanisms 38 Annex 1: Requirements of ESS2 and Philippines Labor Legislation 42 Annex 2: Sample Grievance Reporting Form for Workers 73 Annex 3: List of Common Occupational Risks 75 Annex 4: Labor Risk Reporting Template 76 Annex 5: Code of Conduct 77 Annex 6: Labor Section Clause for Contractors for the Execution and Supervision of Work 81 Annex 7: Management of Workers’ Camps 83 Annex 8: SEA/SH Rating of Project 85 2 List of Tables Table 1 Type and anticipated numbers of project workers 20 Table 2 Numbers of Project Workers per Project Phase 21 Table 3 Roles and Responsibilities 26 Table 4 Mitigation Measures for identified risks 29 Table 5 Contacts for complaints, claims, labor inquiries or suggestions 38 Table 6 Competent Authorities to receive complaints 39 Table 7 GAP analysis ESS2 and Philippines labor regulations 43 Table 8 Requirement of ESS2 and Philippines labor regulations 53 Table 9 Philippine and International Rules on Working Conditions and Benefits 62 Table 10 Philippine Rules on Safety and Health at Work 65 Table 11 Sample grievance reporting form 73 Table 12 List of Common Occupational Risks 75 Table 13 Labor Risk Management Reporting Template 76 3 Abbreviation and Acronyms ACR I-CARD Alien Certificate of Registration Identity Card AO Administrative Order BIR Bureau of Internal Revenue CERT Cyber Emergency Response Team CoC Code of Conduct COS Contract of Service CRR Company Rules and Regulations CSC Civil Service Commission CSS Cloud Computing Services DICT Department for Information and Communications Technology DOLE Department of Labor and Employment DTI Department of Trade and Industry E&S Environmental & Social EHSG Environmental, health and Safety Guidelines ESS Environmental and Social Standard ESF Environmental and Social Framework EO Executive Order FO Fiber Optic FOC Fiber Optic Cable GoP Government of the Philippines GRM Grievance Redress Mechanism HDD Horizontal Direct Drilling ICT Information and Communications Technologies ILO International Labor Organization IPRA Indigenous Peoples’ Rights Act IXP Internet Exchange Point JO Job Order KHz Kilohertz LGU Local Government Unit LMP Labor Management Procedures MC Memorandum Circular MTCS Multi-Tier Cloud Security NBP National Broadband Plan NCERT National Computer Emergency Response Team NGA National Government Agencies NGCP National Grid Corporation of the Philippines NGFW Next Generation Firewalls NLRC National Labor Relations Commission NSOC National Security Operations Center OHS Occupational Health and Safety O&M Operation and Maintenance PD Presidential Decree PDO Project Development Objective PERA Personnel Economic Relief Allowance PEZA Philippine Economic Zone Authority 4 PIU Project Implementation Unit PLNC Pacific Light Cable Network PNP Philippine National Police POP Point of Presence PPE Persona Protective Equipment PPP Public Private Partnership PWD Persons with Disabilities RA Republic Act RS Repeater Station SEA Sexual Exploitation and Abuse SeNA Single Entry Approach SH Sexual Harassment SEC Securities and Exchange Commission SM FOC Single Mode Fiber Optic Cable SOC Security Operations Center SSS Social Security System VPN Virtual Private Network WB World Bank 5 Glossary Borrower: is the recipient of financing and who assumes the commitments to comply with the environmental and social standards of the World Bank for an investment project. Central functions of a Project: they constitute the production processes or essential services for a specific activity without which the Project cannot continue. Child labor: it will be all that work carried out by a child who does not have the minimum age established in ESS2, so that he cannot be employed or contracted in connection with the project. The labor management procedures will specify the minimum age for employment or recruitment in the project, which will be 14 years unless national laws stipulate a higher age. Community Workers: Projects may involve the use of community workers in various circumstances, such as when labor is provided by the community as a contribution to the Project or when projects are designed and carried out in order to foster development driven by the community and provide a social safety net or specific assistance in fragile and conflict-affected situations. Contracted worker: is the employee by a third party to perform a job or provide services related to the core functions of the Project; in this case, the third party exercises control over the work, working conditions and treatment of the Project worker. Contractor: the company that enters into a contract with the borrowing entity. Direct worker: one with whom the Executing Unit has a direct contractual employment relationship, in which the Executing Unit exercises specific control over the work, working conditions and treatment of the Project worker. The worker is employed or contracted by the Executing Unit, receives his payment directly from it and is subject to its control and daily instructions. Discrimination: any distinction, exclusion, restriction or preference based on certain grounds - such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or any other social condition - and whose purpose or result is to nullify or impair the recognition, enjoyment or exercise, under conditions of equality, of the human rights and fundamental freedoms of the people 1 belonging to the Project. Forced labor: the extraction of work or services from any person by means of enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom, abuse of authority or moral ascendancy, debt- bondage or deception including any work or service extracted from any person under the menace of penalty.2. Gender: refers to a set of socially ascribed characteristics, norms, roles, attitudes, values and expectations identifying the social behavior of men and women, and the relations between them 3. 1According to the case of Gonzales Lluy et al. V. Ecuador before the Inter-American Court. Sentence of September 1, 2015. It should be noted that sexual orientation should also be considered a prohibited motive. 2 RA 10364 3 Sec. 5 (d), RA 11313 6 Gender Identity: it is the internal and individual experience of gender as each person feels it, which may or may not correspond to the sex assigned at birth, including the personal experience of the body (which may or may not involve the modification appearance or bodily function through medical, surgical or other means, provided that it is freely chosen)4. Indirect employer refers to any person, partnership, association or corporation which, not being an employer, contracts with an independent contractor for the performance of any work, task, job or project. Primary purveyor: those people who, on a continuous basis, directly provide goods or materials essential for the central functions of the Project. Public spaces refer to streets and alleys, public parks, schools, buildings, malls, bars, restaurants, transportation terminals, public markets, spaces used as evacuation centers, government offices, public utility vehicles as well as private vehicles covered by app-based transport network services and other recreational spaces such as, but not limited to, cinema halls, theaters and spas.5 Sex: refers to the biological differences between men and women, their physiological characteristics, the sum of the biological characteristics that defines the spectrum of people as women and men or the biological construction that refers to genetic characteristics, hormonal, anatomical and physiological on the basis of which a person is classified as male or female at birth6. Sexual assault: an act by any person by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.7 Sexual Exploitation and Abuse (SEA): SEA is is the exploitation of a vulnerable position, differential power or trust for sexual purpose; or actual or threatened sexual physical intrusion. Sexual harassment (SH): an act or a series of acts involving any unwelcome sexual advance, request or demand for a sexual favor, or other verbal or physical behavior of a sexual nature, committed by a government employee or official in a work-related, training- or education- related environment. Support services may include janitorial, security, driving, data encoding, equipment and grounds maintenance and other services that support the day-to-day operations of the agency. Third Parties: May include contractors, subcontractors, brokers, agents, or intermediaries. 4 Inter-American Court of Human Rights. Advisory Opinion N ° 24 of November 24, 2017. Likewise, this definition is in accordance with the Good Practice Note. Non-Discrimination: Sexual Orientation and Gender Identity (SOGI) from the World Bank. 5 Sec. 3 (g), RA 11313 6 Inter-American Court of Human Rights. Advisory Opinion No. 24 of November 24, 2017. 7 Sec. 2, RA 8353 7 1. Introduction The Labor Management Procedures (LMP) have been prepared for the Philippines Digital Infrastructure Project, which will be implemented by the Republic of the Philippines through the Department of Information and Communications Technology (DICT) at the national level in the Philippines and, specifically, in Region XI (Davao) and Region XIII (Caraga) in Eastern Mindanao. The total cost of the Project is USD 300 million, financed by the World Bank. The Project Development Objective is to improve broadband connectivity in the Philippines, encompassing a strategic approach that targets several critical areas of infrastructure and security enhancement. While international connectivity (submarine cables and corresponding landing stations) is relatively strong in Philippines because of its strategic geographic location, the Project will contribute to the activation of the entire government broadband backbone from the north to the south by connecting to two main international landing stations in Baler and Davao City. Additionally, support will be provided for the development of domestic fiber optic submarine/protective routes, connecting numerous islands across Luzon, Visayas, and Mindanao, thereby enhancing the backbone network’s resilience. Investments in the middle-mile and last-mile connectivity will connect public institutions, schools, and hospitals in Eastern Mindanao to improve broadband access in areas with strong, unmet connectivity needs. Open access arrangements will enable the private sector to leverage government infrastructure to further extend broadband connectivity to unserved and underserved households in targeted areas. The Project consists of five components: Component 1: Completing the National Fiber Backbone: This component is strategically designed to implement and finalize the remainder of the National Fiber Backbone (also called Extension and support full operationalization of the entire National Fiber Backbone network. DICT has entered into a Memorandum of Understanding (MOU) to receive 2 Tbps of international operating capacity from a consortium operating the international cable landing station in Baler, Luzon, in Northeast Philippines. Additionally, DICT has plans to formalize an MOU with Converge ICT for an Indefeasible Right of Use (IRU) for two cores of the Bifrost cable system to be connected to the Davao landing station by the third quarter of 2024. Both stations interface with the nationwide Optical Power Ground Wire (OPGW) backbone, managed by the National Grid Corporation of the Philippines (NGCP), a privately-owned entity, which functions as the Transmission System Operator (TSO). Capitalizing on these private sector contributions, DICT has signed an agreement with NGCP, securing for DICT an indefeasible right of use (IRU). Establishment of domestic submarine and protective routes entails leasing and activating two fiber-optic cores of submarine dark fiber cable owned by private providers. The initiative also encompasses the acquisition and setup of essential equipment to connect the privately-owned submarine cable landing stations to the nearest NGCP substations and DICT POPs. Project financing will cover the following: of two cores of NGCP’s backbone. The National Broadband Plan (NBP) envisions utilizing NGCP’s fiber optic network to establish a robust fiber backbone connecting the two international landing stations in the north and the south. Activities associated with this project, as illustrated in Figure 3, involve activating two dark fibers at 37 NGCP substations and constructing 37 DICT equipment shelters in proximity to the NGCP substations. Moreover, the project requires the installation of a total of 32 km of underground Fiber 8 Optic Cable (FOC) to establish connections between the NGCP substations and the DICT equipment shelters. Component 2: Enhancing Middle-Mile Broadband: This component will bolster middle-mile connectivity at the provincial and municipal levels, especially in underserved areas of Regions XI (Davao) and XIII (Caraga) in Mindanao. The network architecture in this component comprises Levels 1 and 2 of the middle mile and will be energy-efficient and climate-resilient. Level 1 involves the installation of underground FOC links to connect DICT equipment shelters to 32 DICT Points of Presence (PoP) spread across Regions 6, 7, 8, 9, 10, 11, and 13. Out of these, 7 DICT PoPs are in Region XI, while 5 are in Region XIII. The cumulative length of the FOC being installed underground for Middle Mile Level 1 is 930 km. Middle Mile Level 2 involves linking 12 Municipal Points of Presence (mPoPs) in Regions XI and XIII to the DICT PoPs set up in Middle Mile Level 1, either through aerial FOC or microwave links. Out of these 12 mPoPs, 5 will be connected using aerial FOC, while 7 will utilize microwave links. Additionally, 8 of these mPoPs will be situated in Region XI and the remaining 4 in Region XIII. For Middle Mile Level 2, the total length of the aerial FOC is 43 km. Component 3: Boosting Last-Mile Broadband: To complement investments in middle-mile intervention areas, this component is focused on enhancing last-mile connectivity in Regions XI and XIII of Mindanao. This subcomponent falls under the scope of the government’s “Free WiFi” program, depicted as Access Network Level 1 in Figure 2. It aims to provide energy-efficient, climate-resilient connectivity to public facilities, referred to as beneficiary sites. These include government offices, barangay halls, public schools, hospitals, libraries, public transportation terminals, plazas, rural health units, tourism sites, among others. This component will connect 772 beneficiary sites in Regions XI and XIII. Connections will be established using underground or aerial FOC, or microwave links, depending on the site's significance and geographical characteristics. In total, 38 km of underground FOC, 1,379 km of aerial FOC, and 532 microwave units will be installed. Component 4: Enhancing Network Security in the Philippines: This component aims to bolster cybersecurity measures in the Philippines through strategic investments. This component will prioritize securing and protecting Critical Information Infrastructures (CII), with targeted investments in the cybersecurity framework for both the government broadband network, established by Component 1,2&3, In addition, this component will enhance the capabilities of the existing national and regional Security Operations Center (NSOC) and establish two National Computer Emergency Response Teams (NCERT) along with regional CERTs. Subcomponent 4(a): Enhancing Security for Governmental Critical Information Infrastructures (CII): This subcomponent seeks to secure the national broadband network established by Component 1 and fortify the government cloud computing infrastructure developed by Component 3. Subcomponent 4(b): Establish and Fortify a Network of CERTs and SOCs: This subcomponent aims to establish and strengthen a network of Computer Emergency Response Teams (CERTs) and Security Operations Centers (SOCs). The activities include setting up two National Computer Emergency Response Teams (NCERTs) and regional CERTs. This process will require a needs assessment, securing of employment funding, provision of cybersecurity training, development of Standard Operating Procedures, and the establishment of Key Performance Indicators. Simultaneously, there will be improvements to the national Security Operations Center (NSOC) and regional SOCs. 9 Subcomponent 4(c): Facilitate a Robust Cybersecurity Policy and Legal Framework : This subcomponent will dedicate funding for the enactment of the “Cybersecurity Act” and support key policy reforms including mandatory disclosure of cyber incidents, rigorous standards for ISPs, transparent research protocols, and adoptive mechanisms to update the legal framework for evolving cyber threats. Subcomponent 4(d): Enhance Cybersecurity Awareness and Education: This subcomponent aims to allocate dedicated funding for DICT workforce security training and public cybersecurity awareness campaigns, especially for women and girls. Activities will include specialized annual training sessions for DICT personnel, ranging from basic cyber hygiene to advanced threat countermeasures. Subcomponent 4(e): Strengthen International Cooperation: This subcomponent will support the Government of Philippines’ active involvement in international forums to strengthen international cooperation for cybersecurity. Component 5: Project Management Support: The Project Implementation function within DICT is at an early stage of maturity and needs to grow in capability to support the development of the whole agency. This component will finance the Borrower’s project management and coordination capacity, including procurement, financial management (FM), monitoring and evaluation (M&E), as well as environmental and social (E&S) management. Specifically, this component will include the following: (a) Operating and staff costs of the Project Implementation Unit (PIU), including the recruitment of expert consultants in key areas, such as project management, technical advice, and support to implementation; (b) support for citizen engagement activities throughout the project, including regular stakeholder consultations and a grievance redress mechanism (GRM); (c) M&E work; (d) quality assurance to ensure adherence to best practices on procurement related to technology, facilitate on-the-job learning, and transfer competencies. (e) Information systems for enhancing DICT's transparency and efficiency. The Project will address the environmental and social aspects through the World Bank’s Environmental and Social Stands (ESSs) approach/framework as well as Philippine law and regulations. The standard of Labor and Working Conditions (ESS2) is one of the World Bank Environmental and Social Standards. ESS2 requires the Borrower to develop Labor Management Procedures (LMP). The LMP was prepared by the DICT based on the Environmental and Social (E&S) Assessment undertaken. The LMP aims to: (i) identify the main labor requirements and risks associated with the project and help the project implementing agency to determine the resources necessary to address project-related labor issues; and (ii) enable different project-related parties, for example, staff of the Project Management Unit, contractors and sub-contractors and project workers, to have a clear understanding of what is required on a specific labor issue; and iii) set out measures to prevent and address harassment, intimidation and/or exploitation. 2. Overview of National Labor Laws and Environmental and Social Standard 2 Requirements The LMP has been prepared in accordance with the applicable Philippine laws and regulations, international agreements and conventions on labor matters ratified by the Philippines. It includes ILO conventions, and the ESS2 of the World Bank’s Environmental and Social Framework (ESF) on labor management. It serves to provide for the minimum working conditions for implementation of the Project, 10 and aims to address labor risks and issues that may arise during Project implementation. In cases of discrepancy between the Philippine laws and regulations and ESS2, the more stringent prevails for the purposes of Project implementation. It should be noted that Philippine labor legislation includes the requirements of ESS2 (see Annex 1). Likewise, full protection of workers is enshrined, and labor rights are guaranteed in the Constitution of the Republic of the Philippines from 1987, which implies that the rights of the workers are given recognition in the highest hierarchy of laws in the Philippine legal system. 2.1 Labor Terms and Conditions This Project will hire workers under the following contracting modalities: Direct Workers Direct workers are people employed or engaged directly by the Borrower, whether government employees or experts hired to provide technical support. This may be done through the following working arrangements. Individual Contract of Service: Individuals may be engaged by the government as consultants/contractors to undertake special tasks within a specific period under a Contract of Service (COS). 8 The term of contract between the agency and the individual contractor shall be for a maximum period of one (1) year, with renewal as an option, but shall in no case exceed the term of the latter. Individuals hired through COS shall be paid wages equivalent to the daily wages/salary of comparable positions in government and a premium of up to 20% of such wage/salary. The premium payment may be paid monthly, in lump sum or tranches (i.e. mid-year and year-end payments) as may be stated in the agreement or contract with the agency However, payment of services of persons engaged through RA 9184 shall be subject to the provisions of the said law and its IRR. 9 Individuals hired through the COS have the option to enroll themselves in social benefit program through the Social Security System (SSS), PhilHealth and Pag-IBIG Fund as self-employed members.10 Under the Omnibus Rules on Appointments issued by the Civil Service Commission (CSC), a contractual appointment is issued to a person whose employment in the government is in accordance with a special contract to undertake local or foreign-assisted projects or a specific work or job requiring special or technical skills not available in the employing agency, to be accomplished within a specific period. Job Order: A Job Order (JO) refers to piece work (pakyaw) or intermittent or emergency job, such as clearing of debris on the roads, canals, waterways, etc. after natural/ man-made disasters/occurrences and other manual/trades and crafts services such as carpentry, plumbing, electrical and the like. These jobs are of short duration and for a specific piece of work.11 The services of a JO worker is either paid according to an agreed contract amount for the piece of work or on a daily wage basis. Individuals hired 8 Par.5.1, CSC-COA-DBM Joint Circular No. 1, Series of 2017. COS also covers the hiring of private firm, other government agency, non-governmental agency or international organization as consultant, learning service provider or technical expert to undertake special project or job within a specific period. 9Par. 11.5 and 11.6, CSC-COA-DBM Joint Circular No. 1, Series of 2018 10 Par. 8.0, CSC-COA-DBM Joint Circular No. 1, Series of 2017 11 Par. 5.4, CSC-COA-DBM Joint Circular No. 1, Series of 2017 11 through JO shall be paid wages equivalent to the daily wages/salary of comparable positions in government and a premium of up to 20% of such wage/salary. 12 Workers under both contractual modalities are not considered government workers13. The CSC-COA-DBM Joint Circular No. 1, Series of 2017, as amended, governs JO and COS workers in the government. Under Section 77 of the Local Government Code of 1991, the local chief executive may employ emergency or casual employees or laborers paid on a daily wage or piecework basis and hired through job orders for local projects authorized by the Sanggunian concerned, without need of approval or attestation by the CSC.14 Limitations under COS/JO arrangements15 ● Hiring under COS shall be limited to consultants, learning service providers, and/or other technical experts to undertake a special project or job within a specific period. The project or job is not part of the regular functions of the agency, or the expertise is not available in the agency, or it is impractical or more expensive for the government agency to directly undertake the service provided by the individual contractor; ● Hiring of JO workers shall be limited to emergency or intermittent work, such as clearing debris on the roads, canals, waterways, etc. after natural/man-made disasters/occurrences; other trades and crafts, and manual tasks which are not part of the regular functions of the agency; ● COS and JO workers should not, in any case, be made to perform functions which are part of the job description of the agency’s existing regular employees. The services of the COS and JO workers are not covered by the Civil Service law and rules thus, not creditable as government service. They do not enjoy the benefits enjoyed by government employees, such as leave, Personnel Economic Relief Allowance (PERA), Representation and Transportation Allowance (RATA) and thirteen months pay. Government Workers: Government employees may be assigned or detailed and be part of dedicated officials and staff of the Project. These personnel shall remain subject to the existing terms and conditions and working arrangements of the government. They are subject to the relevant provisions of EO 292, s. 1987, and the CSC rules and regulations. Contracted Workers This refers to people employed through third parties to perform work related to core functions of the project, regardless of location. Third parties may include contractors, subcontractors or intermediaries. Institutional Contract of Service: Contractor or service providers may be engaged by the government agency through an institutional COS to provide services such as janitorial, security, consultancy, and other support services. It covers lump sum work or services to perform janitorial, security, consultancy, and 12 Par. 9.0, CSC-COA-DBM Joint Circular No. 1, Series of 2017 13 Revised Omnibus Rules on Appointments and other Personnel Actions and Civil Service Commission (CSC) Memorandum Circular No. 15, Series of 1999 14 Sec. 2, CSC RESOLUTION NO. 021480 re: Clarifications on Policy Guidelines for Contracts of Service 15 Par. 7.0, CSC-COA-DBM Joint Circular No. 1, Series of 2017 12 other support functions for a maximum period of one (1) year subject to the provisions of RA 9184 and pertinent budgeting, accounting and auditing rules and regulations.16 The contractor or service provider should meet the following requirements: 1. Duly registered with the Department of Labor and Employment (DOLE); 2. Duly registered with the Bureau of Internal Revenue (BIR); 3. For sole proprietorship, duly registered with the Department of Trade and Industry (DTI). For corporations and partnerships, duly registered with the Securities and Exchange Commission (SEC); and 4. Must be an active employer registered with the following agencies: a. Social Security System (SSS), b. Home Development Mutual Fund (Pag-IBIG Fund), and c. Philippine Health Insurance Corporation (PhilHealth). Workers hired through institutional contract of service shall remain employees of the contractor or service provider.17 The discipline of workers under an institutional contract of service shall be the responsibility of the contractor or service provider. The head of the procuring entity may report to the contractor or service provider any misconduct or wrongdoing of the said worker/s.18 The contractor or service provider shall be responsible for providing the workers with compensation and benefits compliant with existing labor law19 including the necessary social security and other benefits mandated by law in addition to the direct compensation as payment for their services.20 Contracting and subcontracting arrangements are permitted under the Philippine labor laws and must follow the rules regarding observance of workers' rights to fair and humane work conditions, security of tenure, self-organization, and collective bargaining, and the other requirements of Presidential Decree No. 442 (1974), as amended, or the Labor Code of the Philippines, including compliance with Occupational Health and Safety (OHS) standards.21 Labor-only contracting is illegal.22 Philippine laws and regulations recognize the following types of employment for the private sector 23: a. Regular employment covers employees who perform activities that are usually necessary or desirable in the usual business or trade of the employer . b. Other employment arrangements include24: 16 Par. 6.1.1, CSC-COA-DBM Joint Circular No. 1, Series of 2017 17 Par. 6.1.2, CSC-COA-DBM Joint Circular No. 1, Series of 2017 18 Par. 6.1.3, CSC-COA-DBM Joint Circular No. 1, Series of 2017 19 Title II (Wages), Book 3 (Conditions of Employment) of the Labor Code, as amended. 20 Par. 6.1.4, CSC-COA-DBM Joint Circular No. 1, Series of 2017 21 DOLE DO 198, s. 2018 22 There is “labor-only” contracting where the person supplying workers to an employer does not have substantial capital or investment in the form of tools, equipment, machineries, work premises, among others, and the workers recruited and placed by such person are performing activities which are directly related to the principal business of such employer. In such cases, the person or intermediary shall be considered merely as an agent of the employer who shall be responsible to the workers in the same manner and extent as if the latter were directly employed by him. (Art. 106, Labor Code) 23 To ascertain the existence of an employer-employee relationship, the four-fold test shall apply to wit: (1) the selection and engagement of the employee; (2) the payment of wages; (3) the power of dismissal; and (4) the power to control the employee’s conduct or the so called “control test”. Under the control test, an employer-employee relationship exists where the person for whom the services are performed reserves the right to control not only the end achieved, but also the manner and means used to achieve that end. David vs. Macasio, G.R. No. 1954661, July 2, 2014 24 The requisites for each must be met. If not, the arrangement is disregarded, and the employee is deemed a regular employee. 13 i. Project worker - workers whose period of employment has been fixed for a specific undertaking, the completion of which has been determined at the time of the engagement. It is not sufficient that an employee is hired for a specific project or phase of work. There must also be a determination of, or a clear agreement on, the completion or termination of the project at the time the employee is engaged. The services of project employees are subject to: (a) mutual agreement between the parties, free consent coterminous with the project. ii. Seasonal worker - the work is to be performed only at a certain time of the year and the employment is for the duration of the that time of the year. iii. Casual worker - engagement is to perform work that is merely incidental to the business and done for a definite period made known to the employee at the time of engagement. iv. Fixed period employment - the beginning and termination dates of employment have been set before employment relationship; or (b) the parties dealt with each other on equal terms. Some relevant provisions of the Presidential Decree No. 442 (1974), as amended and renumbered, or the Labor Code of the Philippines, on terms and conditions of employment are provided below: Wage and Welfare a. Employees shall receive their wages by means of legal tender, at least once every two weeks or twice a month at intervals not exceeding sixteen (16) days. b. In a contracted work, employees of the contractor and of the latter’s subcontractor, shall also be paid in accordance with the Labor Code. In the event that the contractor or subcontractor fails to pay the wages of his employees, the employer or indirect employer shall be jointly and severally liable with his contractor or subcontractor to such employees to the extent of the work performed under the contract, in the same manner and extent that he is liable to employees directly employed by him. The wage paid by the employers to the workers shall not be lower than the prescribed minimum wage set by the Regional Tripartite Wages and Productivity Boards. Working time, Rest Days and Holidays a. The normal work hours for every employee shall not exceed eight (8) hours a day. Rest periods of short duration during working hours are counted as hours worked. b. If all or any part of the employee’s working hours falls within 10:00 PM to 6:00 AM, he/she shall be entitled to a night shift differential in addition to the regular wage. If the work performed exceeds the normal working hours, he/she shall be given overtime pay. c. It is the right of every employee for a rest period not less than twenty-four (24) consecutive hours after every six (6) consecutive normal workdays. d. Compensation shall be given for work performed during holidays and rest days. Equal Rights a. Workers shall have the right to self-organization and to form, join, or assist labor organizations of their own choosing for purposes of collective bargaining. b. Minimum employable age is 18 years old. Persons of age 15 to 18 can be employed given that they work in non-hazardous environment. 14 Gender discrimination in employment and labor relations shall be prohibited. Male and female employees are entitled to equal compensation for work of equal value and access to promotion and training opportunities. All workers to be employed by the contractor will comply with RA 6685, which states that all private contractors and subcontractors who have been awarded national and local public works25 projects, including foreign-assisted projects, by the National Government or any local government unit, must employ 50 percent unskilled and 30 percent skilled laborers from the unemployed bona fide and actual residents in the province, city and municipality who are ready, willing and able as determined by the governor, city mayor or municipal mayor concerned where the projects are to be undertaken. Likewise, vulnerable workers such as women, persons with disabilities (PWD), children of working age, and Indigenous Peoples, who will be engaged by the Project will be protected under the applicable provisions of the Labor Code, RA 8173 or the Indigenous Peoples’ Rights Act (IPRA) and other laws and guidelines. Annex 1 shows the list of Philippine and international regulations on labor conditions and benefits according to the contracting modality. Primary Supply Workers and Third-Party Providers Primary supply workers are people engaged by companies that supply the IT equipment and cables as well as construction materials, including security personnel. PIU has oversight of the implementation of the LMP requirements in this category. PIU will undertake the following measures: Procure supplies from legally constituted suppliers. The legal registration ensures that the company is legally obliged to comply with all applicable labor laws in the Philippines including the Labor Act, which makes it possible to assume mainstreaming of the labor laws within the supplier’s firm. This will include ensure evidence of certificate of incorporation; tax clearance; value added tax certificate; registration of supplier with regulatory body for the goods or services where required. The PIU will make a physical check on the supplier’s labor management system, including parameters such as: ● employee contracts, including screening and verification system for security personnel. ● occupational safety and health. ● any past work-related environmental or occupational incidents. ● workers committee in place. The PIU will further ensure: ⮚ Product quality certification and environmental rating where required. ⮚ Undertaking to take back waste for reuse, for example containers and packaging where applicable. 25Public works projects referred to include national, provincial, city, municipal, and barangay projects including but not limited to roads, schools, power and water systems, piers, airports and similar projects. 15 ⮚ Possibility of training in safe use of product by community users where applicable. ⮚ Where potential child labor or forced labor or serious safety risks are identified in a specific sector or industry, in connection with the supply of goods, a mapping exercise should be conducted to identify suppliers relying on such goods. ⮚ Where it is not possible to identify specific primary suppliers, the mapping should identify general industry labor issues relating to the supply of the respective goods. Further, suppliers or Third-Party Providers, bidders are required to provide two declarations: a Forced Labor Performance Declaration (which covers past performance), and a Forced Labor Declaration (which covers future commitments to prevent, monitor and report on any forced labor, cascading the requirements to their own sub-contractors and suppliers). 2.2 Safety and Health at the Workplace To guarantee safety and health at work, DICT will adopt labor and occupational practices for the Project, which are in accordance with RA 11058, CSC-DOH-DOLE Joint Memorandum Circular No. 1, s. 2020 and other applicable Philippine regulations, the World Bank Environmental, Health, and Safety General Guidelines26 and the Environmental and Social Standard 2 on Labor Management in the World Bank’s Environmental and Social Framework. The list of Philippine standards on health and safety at work can be found in Annex 1 Under RA 11058, or An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof, the State guarantees a safe and healthy working environment for employees by providing protection from all possible dangers in the workplace. It applies to all organizations, projects, sites, or any place where work is being done, including Philippine Economic Zone Authority (PEZA) businesses, but not including the public sector. According to Chapter III of the RA 11058, the following are the duties of every employer, contractor or subcontractor, and any person who manages, controls or supervises the work: a. Equip a place of employment for workers free from hazardous conditions that are causing or are likely to cause death, illness or physical harm to the workers; b. Provide complete job safety instructions and proper orientation to all workers including, but not limited to, those entering the job for the first time and to those relating to familiarization with their work environment; c. Inform the workers of the hazards associated with their work, health risks involved or to which they are exposed to, preventive measures to eliminate or minimize the risks, and steps to be taken in case of emergency; d. Use only approved specific industry set of standards of devices and equipment for the workplace as applicable; 26. The guides can be found at the following link: https://documents.worldbank.org/en/publication/documents- reports/documentdetail/157871484635724258/environmental-health-and-safety-general-guideline 16 e. Comply with OHS standards including training, medical examination, and when necessary, provisions on protective and safety devices such as Personal Protective Equipment (PPE) and machine guards. Training for workers shall include health promotion, hazards associated with their work, health risks involved or to which they are exposed to, preventive measures to eliminate or minimize risks, steps to be taken in case of emergency, and safety instructions for the jobs, activities and tasks to be handled by workers; f. Make arrangements for workers and their representatives to have the time and resource to participate actively in the processes of organizing, planning and implementation, monitoring, evaluation and action for improvement of the OHS management system; and, g. Provide, when necessary, for measures identifying trainings and drills, evacuation plans, etc., or deal with emergencies, fires and accidents including first-aid arrangements. To comply with the OHS standards, every employee/worker shall: a. Participate in the capacity building activities on safety and health and other OHS related topics and programs; b. Proper use of all safeguards and safety devices furnished for workers’ protection and that of others; c. Comply with instructions to prevent accidents or imminent danger situations in the workplace; d. Observe prescribed steps to be taken in cases of emergency including participation in the conduct of national or local disaster drills; e. Report to their immediate supervisor or any other responsible safety and health personnel any work hazard that may be discovered in the workplace. Employees shall have the following common rights: a. To refuse to work without threat or reprisal from the employer if an imminent danger situation exists. b. To report accidents, dangerous occurrences, and hazards to the employer, to DOLE, and to other concerned competent government agencies. c. To receive personal protective equipment, to be provided by their employer, contractor or subcontractor, free of charge, for any part of the body that may be exposed to hazards, and other lifeline. d. To receive information on workplace conditions, risks that can impose danger to health, industrial dangerous and poisonous factors. The IRR of RA 11058 requires all employers, contractors or subcontractors, if any, to submit to DOLE all safety and health reports, and notifications such as but not limited to annual medical report, OHS Committee Report, employer’s work accident/injury report and annual work accident/injury exposure data report. For the public sector, CSC-DOH-DOLE Joint Memorandum Circular No. 1, s. 2020 provides for the OHS Standards for the Public Sector, including JO and COS.27 It provides for reasonable working conditions in the workplace; emergency preparedness; establishment of an OHS Program; provision of support facilities; strict enforcement of the rules on working hours, break and leave privileges; reporting requirements; monitoring and evaluation. It mandates the Head of the Agency to ensure comprehensive dissemination of OHS information through a Communication Plan which includes the publication of 27to be observed by National Government Agencies, LGUs, Government-owned and Controlled Corporations with Original Charters and State Universities and Colleges 17 pertinent OHS information in the agency website and other communication materials and the establish of feedback mechanism. The agency, through its Human Resource Office, shall maintain and keep an accident or illness record which shall be open at all times for inspection by authorized personnel which shall contain the following information: a. date of accident or illness; b. name of injured/ill employee, age and sexual orientation; c. occupation/position of the employee; d. cause of accident/illness; e. extent and nature of disability/injury; f. duration of disability/injury; g. extent of damage, including actual medical cost; h. corrective action/s on OSH related findings which caused illness/accidents to be undertaken or was undertaken. Other applicable CSC issuances are as follows: a. Memorandum Circular No. 08, Series of 2011 (Reiteration of the Physical Fitness Program “Great Filipino Workout”) – It directs all agencies to adopt “The Great Filipino Workout” in order to develop a healthy and alert workforce. Memorandum Circular No. 04, Series of 2003 (Promotion of Good Nutrition in the Bureaucracy) – It mandates the promotion of good nutrition of workers as an effective strategy to achieve and sustain increased organizational productivity. Moreover, both the public and the private sectors are mandated to implement policies and programs relative to the following: a. Prohibition of smoking at the workplace b. Workplace Policy and Program for a Drug-free Workplace c. Tuberculosis prevention and control in the workplace d. Workplace Policy and Education Program on HIV and AIDS e. Workplace Policy and Program on Hepatitis B f. Medical assistance and other benefits for employees Also, the Philippines abide by ILO Technical Convention C187 – Promotional Framework for Occupational Safety and Health Convention.28 Philippine laws also recognize the protection of maternity and paternity rights. Under RA 11210 a qualified female worker,29 regardless of civil status, employment status, and legitimacy of her child, whether in the public sector or in the private sector, including those in the informal economy, is entitled to paid leave benefit. This only counts for full time staff and not for consultants. Under RA 8187, paternity leave benefit is given to all married male employees, regardless of employment status, in the private or public sector. Moreover, in addition to leave privileges under existing laws, parental leave of not more than 7 working days every year shall be granted to any solo parent employee who has rendered service of at least one year.30 28 The convention entered into force for the Philippines on 17 June 2020. 29 Eligiblefemale worker in the public sector is any pregnant female worker in the government service, regardless of employment status and length of service under Sec. 1, Rule V of the IRR of RA 11210. A qualified female worker in the private sector is a worker with at least 3 monthly contributions in the 12-month period immediately preceding the semester of childbirth, miscarriage, or emergency termination of pregnancy; and has notified her employer of her pregnancy and the probable date of her childbirth under Sec. 1, Rule VI of the IRR of RA 11210. 30 Sec. 8, RA 8972 or the Solo Parents’ Welfare Act of 2000 18 3. Description of Project Workers 3.1 Description of Project Workers DICT Central Office organized a workshop with the staff of Regions XI and XII to assess and determine the project workers relevant to the project. As the final list of subprojects/activities has yet to be determined, the workshop derived the indicative type and number of project workers from the subprojects proposed by Regions XI and XIII (i.e., aerial and underground cabling and new tower installation. For Region XI, labor estimates were derived from the shortest and longest route for aerial and underground cabling. For Region XIII, similar labor estimates were generated, including new tower installation which is proposed only in this area. In total, estimates of project workers were generated for four aerial cabling, four underground cabling, and 1-2 new tower sub-projects. At this stage, the data generated are indicative and will be updated before construction activities commence for the whole project. The table below shows the total estimated number of workers (excluding primary supply workers) that are likely to be employed under the Project. The 10 sub-projects sampled yields about 312 project workers. Of these, 42 are direct workers (13%) assigned to the PMU and two PIUs; and 270 are contracted workers (87%). Of the latter, skilled workers comprise 53%. Table 1 Type and anticipated numbers of project workers Total Estimated Project Workers Underground Aerial Cabling New Towers (excluding primary supply PMU/PIU Cabling Total (4 subproj) (1-2 subprojs) workers) (4 subproj) Direct Workers 42 42 PMU 20 PIU 22 Contracted Workers 270 Skilled 61 67 14 142 Unskilled 62 44 22 128 Total 42 123 111 36 312 Source: DICT Regions XI, XIII The Project aims to recruit 10-15% female workers. As per the practice of DICT for this kind of sub-projects, women are employed for administrative work as well as permitting (acquisition of local permits) and monitoring work progress from construction up to operation and maintenance (O&M) stages. Direct Workers: In this category are those workers that have a direct contractual relationship with the DICT and will work directly in activities associated with the Project. In this Project, it is estimated that the DICT will contract app. 42 direct workers. Approximately 22 of these will be government workers assigned to the Project Implementation Unit and will fulfill key functions in project implementation. Approximately 50% of direct workers are likely to be employed on Individual Contracts of Service to deliver technical assistance and advisory work. 19 The Project is expected to hire a co-project manager to support a project manager seconded as a regular government staff. There will be existing government workers that will contribute a percentage of their time to the project and additional plantilla positions (government workers) be recruited by DICT. The following staff will be recruited: Long Term staff with specific technical expertise (Engineers, IT, Project Development and others), Cluster Project Managers; Human Resource and Administrative (Finance, Administration and Procurement). Alternatively, existing plantilla personnel with the required expertise may be assigned exclusively to work on the Project. Approximately 22 workers will assist with the implementation of subprojects at regional DICT offices. DICT, DENR-EMB and the LGUs may set up a Multisector Monitoring Team (MMT) in accordance with the EIS applicable for the project. The size of the MMT will be determined before project implementation. Contracted Workers: Workers under this category have a contractual relationship with DICT contractors. The project is expected to contract the following technical personel: Consultancy Firms to Conduct EIA and Design the DED, and Engineering firms to implement the ICT infrastructure requirment of the project. Public works implemented for the middle and end mile connectivity, as required by the Project, will require a variety of skilled and unskilled laborers that will be contracted by a contractor/construction company. The contractor has an obligation to recruit a certain percentage of local workers for the civil works. In construction, one work team could have a maximum of 15 members consisting of about 4-5 skilled and 8-10 unskilled workers. The category of contracted workers will also include janitorial and security services recruited by the government through an institutional contract of service. These will include providers of additional human resources like security personnel tasked to safeguard and report on security incidents in materials depots, construction work areas and workers’ camps. The engagement of military personnel is not envisaged for the project. Security personnel for the project will mainly consist of security guards delegated to workers’ camps which will be alternatively used as material depots especially for horizontal direct drilling (HDD) equipment for underground cabling. According to the regional DICT, workers’ camps may be needed for aerial and underground cabling subprojects with long alignments (i.e., the longest aerial cables are approx. 120km in Region 11 and 346km in Region XIII), and new towers. Primary Suppliers/Third Party Providers: This category includes primary supply workers that produce materials and technical equipment required for civil works. This stage of project preparation is too early to ascertain the primary supply workers for the project. The LMP will be updated before the start of construction to reflect the indicative numbers and the proper mitigation measures for them in accordance with ESS2. The project does not expect to hire community workers unless the need for this arises for certain subprojects passing through areas where communities may decide to provide labor as equity in, say, land clearing activities. This has been expressed in passing in one community consultation in Loreto, Agusan del Sur. The LMP will be updated accordingly once such subprojects qualify in the final list of funded projects and the use of community workers are found necessary in project implementation. 3.2 Time frame for labor needs It is estimated that the duration of the Project will be 4 years, with a start date of March 2024. 20 The Project includes the following phases: Project preparation phase, including a feasibility study and the preparation of Project level environmental and social framework documents; Project initiation phase including the preparation of concrete designs and sub-project specific E&S instruments (pre- construction); implementation phase of public works (construction); and closure of Project (operational phase). Table 2 Numbers of Project Workers per Project Phase Duration Workers Contracted Prelim Stage (month) Direct Workers* Total Pre- 12 months 20 43 63 Construction Construction 24 months 42 194 236 Operation 12 months 10 33 43 Total 48 months 42 270 Source: DICT-Regions XI and XIII. The table excludes estimates of primary supply workers to be provided once suppliers engaged are defined before construction. 4. Assessment of the Main Labor Risks To implement prevention and mitigation measures, DICT has identified the following risks that could violate the rights of Project workers, whether JO, COS, or workers of institutional COS/contractors or sub- contractors. Occupational health and safety risks for the Project occur mostly in Component 1,2&3 activities, which include the laying of cables and the construction of towers/masts. These risks include the following : ⮚ risks associated with the laying of underground laying of cables, for which workers will need to operate in confined spaces. This bears risks of noxious fumes, reduced oxygen, or fire. ⮚ risks associated with tower construction require working at heights., which bears risks of people and objects falling and causing serious injury and damage, particularly if no safety equipment is provided. ⮚ risks from handling construction equipment. For the laying of underground cables heavy machinery has to be employed for excavations; while for the construction of towers and masts, heavy machinery needs to be deployed for excavations and erection of the towers. This bears risks of workers getting crushed or run over, equipment transport accidents, using equipment before adequate training etc. ⮚ risks of exposure to existing utilities, such as aerial or buried high voltage electric transmission lines, which can lead to electrocution or serious injuries of workers. ⮚ Risk of eye damage due to exposure to laser light during cable connection and inspection activities, minute or microscopic glass fiber shards. ⮚ Risk of injury through noise and vibration linked to machinery. Excavation activities, for example, can cause significant noise and vibration at the worksite. ⮚ Risks through inadequate provision of personal protective equipment (PPE), which can lead to injuries of workers. ⮚ Risks through lack of understanding of EHS risks and impacts and of mitigation measures can lead to accidents and health impacts. 21 ⮚ In addition, there are risks of electrocution and drowning through flooding of trenches. The Project will comply with all national regulations regarding safety and health at work in accordance with RA11058, CSC-DOH-DOLE Joint Memorandum Circular No. 1, s. 2020 and other regulations indicated In Annex 1. Annex 1 contains the relevant Philippine regulations for each of the occupational hazards identified and mentioned above. The Project will further comply with the World Bank EHSG in view of the OHS risks. Labor influx: Subproject construction of towers/masts and underground and aerial cable laying may include app. 40-50 project workers at a time especially for cabling subprojects with long alignments that will require three work teams working in parallel. While unskilled laborers can be recruited from the subproject area, it is likely that skilled laborers are recruited from other areas and will therefore be creating labor influx into the communities at the subproject areas. Labor influx can increase risks of SEA/SH cases (see below), as well as increased transmission of diseases, such as HIV/AIDS, it can impact local services and economies, pose risks of social conflict, violations including inappropriate behavior and crime, and adverse impacts on community dynamics. The project will apply risk mitigation measures to prevent labor influx risks, including provision of training on Code of Conduct, sourcing of local workforce where possible, introduction of sanctions for workers involved in criminal activities, provision of services inside the workers’ camps. Setting up of workers’ camps may pose specific risks for local communities and the environment, which are closely related to labor influx risks. The project may require the setting up of workers’ camps, as cables need to be laid along existing roads and workers need to be accommodated along these roads. Living in camps may lead to social conflict among workers, theft, criminal behavior, risk of communicable diseases, inadequate waste disposal and creation of illegal waste sites, wastewater discharges, increased demand on freshwater sources, camp-related land-use, use of wood for fire, increased demand on natural resources. This LMP contains a specific camp management plan to mitigate the environmental and social risks related to the set-up of workers’ camps (see Annex 7). Discrimination: The risk of discrimination is relevant for all project workers under all components of the project. Any distinction or preference based on any feature, such as race, color, sex, language, religion, political opinion, national or social origin, sexual orientation, gender identity, and others, will be considered as discrimination. For this reason, the Project will not allow any acts that are discriminatory based on the provisions of the Labor Code and other applicable laws. In the specific context of the Project, possible situations of discrimination could arise in the selection of unskilled workers, for example. Misuse of labor contract: The Project will guarantee the correct relationship between its activities and its employment contract and the terms and conditions under national labor legislations. For this reason, the DICT will make unannounced visits to verify compliance with the conditions and benefits according to the corresponding Contracting Modality. If there is any case of misuse of labor contract, the contractor must guarantee that the corresponding rights of the worker are recognized, and that the labor contract is not contrary to law, morals, good customs, public order, or public policy.31 In the specific context of the Project, possible situations of misuse of the labor contract could arise in a service location worker being hired and required to fulfill actions that are typical for a payroll worker. 31 Art. 1306, Civil Code of the Philippines 22 Forced labor: All work required of an individual under threat of any penalty and that is not done voluntarily, that is, there is no consent, will be considered forced labor. The Project will not allow this type of act pursuant to the provisions of RA 10364, or the Expanded Anti-Trafficking in Persons Act of 2012 and ESS2 of the World Bank. In the specific context of the Project, possible situations of forced labor could arise in workers being requested to work longer than in their established contracts. Child labor is understood to be any physical, mental, social or moral activity that harms children, because it interferes with their education, prevents them from carrying out activities appropriate to their age, and limits their full development. Especially since the Project will be implementing construction work in remote areas, there is a likelihood that children of inappropriate age are recruited among the local labor force. The minimum age to work will be 14 years according to ESS2, but Art. 139 of the Labor Code establishes 15 years as a minimum age for non-hazardous work and 18 years as a minimum age for hazardous work32. For purposes of this Project, children under 15 years of age or any other form of child labor will not be employed. Likewise, minors under 18 years of age will not be employed in jobs that are dangerous to their health or to their physical, mental, moral or social development, in accordance with ESS233 In the specific context of the Project, possible child labor situations could arise where children under the defined age are recruited to deliver unskilled labor in excavations. Harassment in the workplace refers to any conduct that constitutes aggression or harassment against any worker and that results in mistreatment or humiliation, or threat to their employment situation. Harassment can occur in any situation in each of the project components. The Project is required to have an administrative policy and procedure for the prevention and punishment of harassment in the workplace. In the specific context of the Project, possible situations of workplace harassment could arise when a workers is transferred to a headquarters that is located at a greater distance from home. Sexual harassment: The Project will consider sexual harassment in the work-related environment34 as a serious offense under RA 7877, which vests upon the employer or head of office in a work-related environment the duty to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment. In addition, the 32 Art. 139, Labor Code indicates: ● employees may not be less than 15 years of age unless they are working directly under their parents or guardian and their work does not hinder their education. ● Persons between 15 and 18 years old may work for a certain number of hours and periods of the day. Regardless, no person below 18 years old may be employed in occupations that are considered dangerous. In addition, RA 9231 indicates that Children below 15 years old may be employed if: (1) the child works directly under his/her parents or guardian and the other employees are his/her family members as well; (2) the employer must guarantee the protection, safety, health, normal development, and morals of the child; (3) the employer must establish initiatives to safeguard against the exploitation and discrimination of the child, particularly in terms of system and level of remuneration, and length and arrangement of working hours; (4) the employer shall devise and execute a program for the child's training and skills acquisition; (5) acquire a work permit from DOLE 33See reference to EAS 2 paragraph 18 of the World Bank Environmental and Social Framework: Work considered dangerous for children are those that, due to their nature or the circumstances in which they are carried out, may endanger the health, safety or morals of children. Examples of hazardous work activities prohibited for children include the following: a) work exposed to physical, psychological or sexual abuse; b) work in underground areas, under water, or in heights or enclosed spaces; c) work with machinery, tools or equipment that is dangerous or that involves handling or transporting heavy loads; d) work in unhealthy environments in which the child is exposed to dangerous substances, agents or processes, or to temperatures, noise or vibrations that damage health, or e) work in difficult conditions, such as long hours, work at night or confinement in employer premises. 34 In a work-related environment sexual harassment is committed when: (a) the sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of said individual, or in granting said individual favorable compensation, terms, conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee; (b) the above acts wold impair the employee’s rights or privileges under existing labor laws; or (c) the above acts would result in an intimidating, hostile, or offensive environment for the employee. (Sec.3, RA 7877) 23 crime of gender-based sexual harassment in the workplace is also prohibited under Sec. 16, RA 11313 or the Safe Spaces Act.35 Employers or other persons of authority, influence or moral ascendancy in a workplace have the duty to prevent, deter, or punish the performance of acts of gender-based sexual harassment in the workplace. Employees and co-workers shall have the duty to: (a) refrain from committing acts of gender-based sexual harassment; (b) discourage the conduct of gander-based sexual harassment in the workplace; (c) provide emotional or social support to fellow employees, co- workers, colleagues or peers who are victims of gender-based sexual harassment; and (d) report acts of gender-based sexual harassment witnessed in the workplace.36 In the specific context of the Project, possible situations of sexual harassment could arise when workers start to wolf whistle at the workers who pass the site. Gender-based violence/Sexual exploitation and abuse (SEA): The Project will not tolerate any act of physical or psychological violence exercised against any person based on their sexual orientation or gender identity that negatively impacts their emotional, physical, social or economic well-being. The Project will promote respect for its workers by providing information on gender equality and diversity. In the specific context of the Project, possible situations of gender-based violence or SEA could occur when jobs are given in exchange for sexual favors, or women are penalized for provocative outfits; workers whistled upon entering work premises or lewd comment is uttered. Inequality of opportunities. In the Project, any differentiated treatment based on factors such as gender, sexual orientation, disability status, among others, will not be tolerated. Therefore, the Project must verify the salary scales, which should not have gender or any of the other factors as a differentiating reason, in accordance with the provisions of the Labor Code for private employment. On the other hand, EO 292, s. 1987 provides that appointments in the Civil Service shall be made only according to merit and fitness. Also, compensation of government employees is fixed by law. Moreover, RA 10524 states persons with disability shall not be denied access to opportunities for suitable employment. In the specific context of the Project, possible situations of unequal opportunities could arise when some positions are only filled with men without giving women any opportunity. Section 5: Equal Opportunity of Employment: At least one percent of all positions in all government agencies, offices or corporations shall be reserved for persons with disability. In the specific context of the Project, possible situations of unequal opportunities could arise when some positions are only filled with men without giving women an opportunity. The Executing Unit shall ensure equal employment opportunity principle based on gender, age, disability and ethnicity. To issue 35 It includes (a) acts involving any unwelcome sexual advances, requests or demand for sexual favors or any act of sexual nature, whether done verbally, physically or through the use of technology such as text messaging or electronic mail or through any other forms of information and communication systems, that has or could have a detrimental effect on the conditions of an individual’s employment or education, job performance or opportunities; (b) a conduct of sexual nature and other conduct-based on sex affecting the dignity of a person, which is unwelcome, unreasonable, and offensive to the recipient, whether done verbally, physically or through the use of technology such as text messaging or electronic mail or through any other forms of information and communication systems; (c) a conduct that is unwelcome and pervasive and creates an intimidating, hostile or humiliating environment for the recipient. It may also be committed between peers and those committed to a superior officer by a subordinate, or to a teacher by a student, or to a trainer by a trainee. 36 Secs. 17 & 18, RA 11313 24 guidelines, procedure, selection and appointment of posts that requires quota for women, person with disability and/or waving of certain requirement for Indigenous People. Violation of freedom to unionize. Freedom of association is the right of workers, whether in the private or public sector, to freely establish the organizations they deem appropriate in order to defend their labor interests. The Project will promote the free association of its workers and being part of any union activity may not be considered as a reason for dismissal as long as it is legitimate in accordance with the provisions of current legislation and ESS2. This freedom to unionize or organize is fully supported by the Philippine constitution, the Labor Code, and EO 292, s. 1987. In the specific context of the Project, possible situations of violation of freedom of association could occur where workers’ contracts are prematurely ended because they have joined a union, or holders of a JO or COS do not have a voice as they are not employees. DICT will provide quarterly reports to the World Bank related to the implementation and management of the risks identified in the Project. Likewise, it will report to the World Bank immediately and within 48 hours any case of fatality or severe accident in Project activities. For this, the PIU will be responsible for monitoring and verifying compliance with risk prevention measures. 5. Roles and Responsibilities A PIU will be established within the DICT. It will be responsible for the overall implementation of the Project. PIU responsibilities will include project management and coordination; procurement and contract management of goods, works, and services; financial management (FM), including disbursement processing and project audit; public relations; environmental and social (E&S) risk management; preparation of periodical reports; monitoring and evaluation (M&E) and the submission of results to the WB; and implementation of the Grievance Redress Mechanism. The PIU will be comprised of, inter alia, a project coordinator, technical advisor, procurement specialist, environmental specialist, and social specialist. See the Figure below for the overall institutional arrangements for the Project. All obligations on labor matters assumed by DICT will be transmitted, through contractual clauses, to contractors or third parties in order to guarantee compliance with the LMP. However, the responsibility to supervise and guarantee compliance will fall on the PIU within DICT. Regarding the Project, the institutions involved will assume the following responsibilities. DICT will be overall responsible for compliance with the LMP. Contractors or any other third-party implementers, e.g. those providing TA, will be responsible for the implementation of the LMP vis-à-vis their workers. Contractors will further be responsible to cascade LMP-related responsibilities to their respective sub- contractors. The responsibilities of the PIU and of the main stakeholders in key functions for the Project are shown below. Table 3 Roles and Responsibilities 25 Types of Institutions Responsible for Area Key functions related to LMP Involved DICT / PIU Responsible for complying with labor regulations and LMP Implementation of Responsible for monitoring and supervision of LMP entire project related issues vis-à-vis contractors and third-party providers Responsible for inclusion of LMP requirements into legal agreements with contractors and third-party providers Responsible for hiring and administering of Project workers Responsible for health and safety at the workplace Manage complaints or grievances of workers Disseminate the LMP among workers and carry out training Contractors / Responsible for complying with labor regulations and LMP Implementation of construction Responsible for hiring and administering of Project public works companies for workers excavations and Responsible for health and safety at the workplace, laying of cables / including provision of PPE, toolbox trainings etc.. connectivity Manage complaints or grievances of workers Disseminate the LMP among workers and carry out training Roll out LMP requirements to sub-contractors Third-Party Providers Responsible for complying with labor regulations and LMP Provision of Technical Responsible for hiring and administering of Project Assistance (TA) for the workers Project Responsible for health and safety at the workplace Manage complaints or grievances of workers Disseminate the LMP among workers and carry out training Suppliers Responsible for complying with labor regulations and LMP Provision of technical Responsible for hiring and administering of Project equipment and workers necessary post- Responsible for health and safety at the workplace installation services Manage complaints or grievances of workers for the project 6. Project Policies and Procedures DICT, as well as the contractors, subcontractors and other third-party providers will be governed by the agency’s regulatory instruments for managing health, safety and working conditions issues, in addition to national laws and regulations. ✔ Code of Conduct, DICT (see Annex 5). 26 ✔ Policy and administrative procedure for the prevention and punishment of sexual harassment, DICT. ✔ Company Rules and Regulations/Human Resources Manual, DICT. ✔ Internal Policy for Safety and Health at Work, DICT. 6.1 Procedures Procedures for Labor Treatment The hiring and termination procedures that will be taken into consideration for the Project are explained below: Labor hiring procedures: DICT will not hire people under the JO or COS arrangement who are disqualified from contracting with the Government. This can be verified through the submission of relevant government clearances from competent authorities such as the National Bureau of Investigation, Philippine National Police, Office of the Ombudsman, the courts. Compliance to CSC-COA-DBM Joint Circular No. 1, s. 2017 and RA 9184 and its IRR shall be strictly enforced. During the personnel selection process and the validity of the contractual relationship, DICT must comply, at least, with the following guidelines: 1. Use inclusive language in job advertisements, so that the application of people is not excluded due to their gender (male / female), origin (race, ethnicity), origin (nationality), age, physical condition (disability), and other similar circumstances. 2. Establish remuneration policies free of discriminatory components of all kinds and subject to the provisions of national laws and regulations. Determine the salary offer for the execution of the same job or the same function under the principles of equality, without discriminating between men, women or any other criteria of discrimination. 3. Do not limit or restrict work opportunities or permanence in work for women for reasons of maternity, breastfeeding or family responsibilities. 4. Do not associate jobs or work activities with social stereotypes related to gender, race, origin, or other similar ones. 5. Ensure the prohibition of child labor. During the job call process, DICT will prepare notices in accordance with applicable laws and regulations. During the selection process, applicants must submit the following documents: 1. Curriculum Vitae 2. Copy of any government-issued identification card or Alien Certificate of Registration Identify Card (ACR I-CARD), if applicable 3. Copy of the children´s birth certificates (when applicable) 4. Title, Diploma or Certificate of studies as appropriate 5. Work certificates 6. Police Clearance/National Bureau of Investigation Clearance 7. Declaration of having no impediment to contract with the state 27 In the case of contractors and subcontractors, DICT will monitor and supervise compliance with labor obligations in favor of workers, independently, and without prejudice, to the individual obligations that correspond to them in accordance with the Labor Code, labor regulations, and ESS2. The mandatory benefits for regular workers under Philippine laws include, among others, prescribed hours of work, holiday pay, overtime pay, premium pay, night shift differential and service incentive leave, employees, when applicable, are entitled to maternity leave, paternity leave, parental leave for solo parents, adoption leave, leave for victims of violence against women and their children, special leave for women who undergo gynecological surgery, 13th month pay, retirement pay and benefits, separation pay, benefits under the Employees’ Compensation Program, health insurance benefits, social security benefits and housing benefits. DICT has two essential obligations: i) guarantee compliance with current government regulations and the LMP document within its organization, and ii) supervise compliance with current labor regulations and the LMP of the organizations involved in the Project. To do this, it will carry out the verification on the following aspects: 1. JO and COS workers of the Project must be required to submit monthly accomplishment reports; 2. The workers will be evaluated according to the internal policy on performance monitoring/evaluation, in order to measure their performance, productivity and / or work behavior in the job assigned at the institution. 3. When the workers are foreigners, the employment contracts are submitted with The Bureau of Immigration or DOLE as part of their work permit application; 4. The workers will be given the normative and management instruments such as Company Rules and Regulations (CRR) or Human Resources Manual, Policy on the prevention on Sexual Harassment in the Workplace, the Internal OSH Program, the LMP and its Annexes. The workers will sign a receipt for these documents. 5. Orientation and training of personnel: DICT will be in charge of organizing and providing the corresponding instruction to hired personnel at the time of entry. Regarding training, DICT assumes the responsibility of continuously promoting the training of personnel. 6. In the case of contracted personnel (contractor and subcontractors), it will be subject to the provisions of the Internal OHS Program and the provisions for RA 11058 and the OHS Standards. 7. Probationary employment of contractors or subcontractors shall not exceed six months from the date the employee started working unless it is covered by an apprenticeship agreement stipulating a longer period. However, the probationary employee may voluntarily agree to an extension if it would afford the employee another chance to pass the standards for regularization after having initially failed the probationary period; 8. The disciplinary regime complies with the procedure established in their internal policy procedure, if any, and the provisions of the Labor Code and other applicable laws. Procedures for termination of the employment relationship: For this procedure, the provisions of the Labor Code and the individual contracts for the JO and COS workers, and the following aspects will be taken into consideration: 1. In cases of resignation, or voluntary withdrawal, the worker must provide notification in writing thirty days in advance; the term can be waived at the will of the company/executing unit. In case of mutual agreement, it must be in writing. 28 2. The dismissal will proceed only for just causes related to the capacity and conduct of the worker indicated in the applicable labor regulations. 3. DICT is obliged to comply with the legal dismissal procedure under applicable provisions of labor laws. This procedure will also be required of contractors and subcontractors in relation to their workers. Procedures for Managing Identified Risks The preventive and mitigation measures to address the risks identified in the Project will be: Table 4 Mitigation Measures for identified risks. Prevention and Mitigation Measure Identified Risk General OHS risks - Anchor all OHS requirements in all contractual agreements. - Ensure OHS requirements are included in BoQs and are costed in bidding processes. - Implement monitoring and supervision to assess compliance with OHS requirements. - Adopt and implement workers’ GRM. OH risks: operating in - Implement engineering measures to eliminate, to the degree confined spaces feasible, the existence and adverse character of confined spaces OHS risks: working in - Train workers and use temporary fall prevention devices, such as heights rails or other barriers able to support weight of 200 pounds. - Train workers and use personal fall arrest systems, such as full body harnesses and energy absorbing lanyards able to support 5000 pounds. - Use control zones and safety monitoring systems to warn workers of their proximity to fall hazard zones. - Install guardrails with mid-rails and toe boards at the edge of any fall hazard area. - Proper use of scaffolds and ladders by trained workers - Include rescue and/or recovery plans and equipment to respond to workers after an arrested fall. OHS risks from handling - Submit Safety and Health Program by the contractor to PIU for their construction equipment approval and for submission to DOLE . - The Safety and Health Program should include the risks assessments used as basis for the recommended safety and health programs: - Train workers appropriately on OHS risks, hazards and safe handling of equipment and procedures, based on EHS Guidelines on OHS37 37 IFC, Environmental, Health and Safety Guidelines, accessed at: https://www.ifc.org/wps/wcm/connect/topics_ext_content/ifc_external_corporate_site/sustainability-at ifc/policies- standards/ehs-guidelines 29 Prevention and Mitigation Measure Identified Risk - Provide appropriate PPE, continuous reminders to use PPE, use of signage and continuous supervision, based on EHS Guidelines on OHS OHS risks from exposure - Mark all energized electrical devices and lines with warning signs to existing utilities, such - Double insulating / grounding all electrical equipment used in has high voltage environments that are, or may become, wet. electrical transmission - Use equipment with ground fault interrupter (GFI) protected lines circuits. - Protect power cords and extension cords against damage from traffic by shielding or suspending above traffic areas. - Appropriate labeling of service rooms housing high voltage equipment (‘electrical hazard’) and where entry is controlled or prohibited. - Establish “No Approach” zones around or under high voltage power lines. - Conduct detailed identification and marking of all buried electrical wiring prior to any excavation work. OHS risks due to - Use machine guards or splash shields and/or face and eye exposure to lase light protection devices, such as safety glasses with side shields, goggles, (eye damage) and/or a full-face shield. - Frequent checks of equipment prior to use to ensure mechanical integrity. - Moving areas where the discharge of laser light can reasonably be predicted away from places expected to be occupied or transited by workers or visitors or PPE required for transients and visitors. - Provisions should be made for persons who have to wear prescription glasses either through the use of over glasses or prescription hardened glasses. OHS risks through noise - Select equipment with lower sound power levels. and vibration linked to - Install suitable mufflers on engine exhausts and compressor machinery components in cases where the service provider uses generators. - Provide fit to work PPEs (ear plug/earmuffs) for all workers involved in the areas with elevated noise levels. - Coordinate with the office users/staff as to determining timing and more importantly what specific noise controls and mitigations may be needed at the site. - Install acoustic enclosures and/or use vegetation as sound buffer for equipment casing radiating noise i.e. generator. - Use equipment that is/are in good working condition and are periodically maintained. 30 Prevention and Mitigation Measure Identified Risk OHS risks through lack of - Assess capacity of construction company on EHS/OHS. understanding of EHS - Train workers on EHS/OHS through toolbox talks. risks and impacts OHS risks of drowning - Install warning signs. through flooding of - Ensure monitoring of weather. trenches Labor influx - Set up local workforce minimum content for the contractors. - Disclose to community’s local workforce content requirement. - Investigate possibility of providing training to local communities on general jobs during the planning phase. - Maximize the use of local suppliers (for food, water, services etc.). Setting up of Workers’ - Creation of supervised leisure area in workers’ camp. Camps - Provide a suitable area for people to eat their food in the places where the Project is being executed. - Introduction of sanctions for workers involved in criminal activities. - Identification of authorized water sources and prohibition of other forms of use. - Sound practices for waste disposal. - Ensure workers’ camp and associated facilities are connected to septic tank or other wastewater systems. - Assess local water capacity and mitigation, as appropriate. - Consideration of use of rainwater where feasible - Avoiding contamination of fresh water sources. - Only wood from legal commercial sources is to be used on the project. - Use of wood for fuel prohibited. - Avoidance of deforestation around camp area. - Provide properly safe hygienic services, in good condition of use, that do not threaten the health or dignity of the workers, providing the necessary facilities for the safe access of personnel who have limitations in their movement. Violations of labor and - Ensure Workers’ GRM are provided and accessible. working conditions - Introduce transparent procedures for hiring and advertise job opportunities widely. - Provide training on LMP to Contractors and workers. Discrimination - Implement policy against discrimination. - Induction / training on LMP. - Adopt and implement workers’ GRM. Forced Labor - Comply with the minimum age set for all types of work (in compliance with national laws and ESS2) and document age of workers upon hiring. - Verify age of workers with communities where required. - Conduct a track record search of the contractors at the bidding process (record of health and safety violations, fines, consult public 31 Prevention and Mitigation Measure Identified Risk documents related to workers’ rights violations, GBV/SEA/SH issues etc.). - Raise awareness of communities/suppliers to not engage in child labor. Child Labor - Comply with the minimum age set for all types of work (in compliance with national laws and ESS2) and document age of workers upon hiring. - Verify age of workers with communities where required. - Conduct a track record search of the contractors at the bidding process (record of health and safety violations, fines, consult public documents related to workers’ rights violations, GBV/SEA/SH issues etc.) - Raise awareness of communities/suppliers to not engage in child labor Sexual Harassment (SH) - Require that all Project workers sign a Code of Conduct (CoC) listing sexual harassment as a violation. - Monitor the signing of CoCs by all workers. - Provide induction/training on CoC to all workers. - Adopt and implement workers’ GRM and Project GRM, both allowing for a secure, confidential, emphatic and survivor-centered filing of grievances related to SH Inequality of - Require that all Vacancy Announcements call for vulnerable groups Opportunities to apply or request application of specific identity groups. - Adopt and implement workers’ GRM and Project GRM (for individuals that have not been included in the workforce due to inequality of opportunities) Violation of freedom to - Implement policy against violation of freedom to unionize. unionize - Ensure all contractual agreements include provision on freedom to unionize. - Adopt and implement workers’ GRM and Project GRM and ensure that workers’ GRM include channels that allow aggrieved worker to report directly to the Project and circumvent employer where necessary Gender violence and SEA - Require that all Project workers sign a Code of Conduct (CoC) listing sexual harassment as a violation. - Monitor the signing of CoCs by all workers. - Provide induction/training on CoC to all workers. - Adopt and implement workers’ GRM and Project GRM, both allowing for a secure, confidential, emphatic and survivor-centered filing of grievances related to SH Misuse of contract - Adopt relevant regulations and include them in all contractual agreements. - Provide training / induction to project workers spelling out their specific duties and rights. 32 Prevention and Mitigation Measure Identified Risk - Adopt and implement workers’ GRM and Project GRM and ensure that workers’ GRM include channels that allow aggrieved worker to report directly to the Project and circumvent employer where necessary DICT, contractors, subcontractor, and suppliers and third-party providers will further comply with health and safety requirements at work established in RA 11058 and the OHS standards mentioned in Annex 1, subject to the provisions of the General Guidelines on Environment, Health And Safety of the World Bank Group38. In this sense, as a minimum and without being limiting, they will comply with the following: a. Provide adequate facilities with a safe infrastructure that do not endanger the life or physical integrity of workers and visitors, eliminating all roads and access that represent a danger or risk to life; b. Provide the necessary and appropriate work material, as well as communication networks for the performance of functions, such as connection and access to the Internet, fixed and / or cellular telephone networks, equipment and / or machines, office supplies, and safety equipment to carry out their tasks, such as PPE; c. Schedule medical examinations at the beginning, during and at the end of the employment relationship, being the DICT that will supervise compliance; and d. Guarantee the confidentiality of the information and documents provided by the worker, be they personal, family, health, economic, sexual, religious, or of any kind subject to the provisions of RA 10173 or the Data Privacy Act of 2012. 7. Terms and Labor Conditions of the Project The DICT, contractors, subcontractors, suppliers, and third-party providers will comply with the following labor provisions. Worker’s Age Under Article 137 of the Labor Code of the Philippines, persons below eighteen (18) years of age shall not be allowed to be employed in an undertaking which is hazardous or deleterious in nature as determined by the Secretary of DOLE. Moreover, persons between 15 and 18 years old may work for a certain number of hours and periods of the day only. Regardless, no person below 18 years old may be employed in occupations that are considered dangerous.39 According to ESS2, the work further must not interfere with the child’s education or be harmful to the child’s health or physical, mental, spiritual, moral or social development. The employer must conduct an appropriate risk assessment prior to work commencing and the PIU must conduct regular monitoring of health, working conditions, and hours of work. Under ESS2 of the World Bank the permissible working age is 14 years according to the ESS2 of the World Bank. In this sense, children under 14 years of age or any other form of child labor will not be employed in the Project. 38 These can be found at the following link: https://www.ifc.org/wps/wcm/connect/eb6fddc1-a3e3-4be5-a3da- bc3e0e919b6e/General%2BEHS%2B-%2BSpanish%2B-%2BFinal%2Brev % 2Bcc.pdf? MOD = AJPERES & CVID = jqeI7M5 39 Article 139, Labor Code 33 The Project will undertake necessary measures to avoid the hiring of workers under 14 years old. For this, DICT will cascade this requirement to all contractors and sub-contractors. Working Hours Under the Labor Code and other applicable regulations (in Annex 1 ), the normal hours of work of project workers shall not exceed 8 hours a day, exclusive of time for meals. If the worked performed exceeds the normal working hours, overtime pay shall be given. The schedule may be modified due to the need for service. Overtime work, referring to work done outside of working hours will be paid or compensated according to the corresponding work regime. In compliance with the Single Parent Act, flexible working hours will be provided to single parents with a fulltime contract. Under the law, telecommuting is a work arrangement that allows an employee work from an alternative workplace. An alternative workplace, under the revised rules, is “any location where work, through the use of telecommunication and/or computer technology, is performed at a location away from the principal place of business of the employer, including but not limited to the employee’s residence, co- working spaces, or other spaces that allow for mobile working” (Department Order No. 237, Telecommuting Act). Inclusive, respectful and equal treatment In labor relations, ethical, honest and fair behavior between workers and employers is necessary to achieve a harmonious coexistence in the workplace. In this sense, DICT and all other entities assume the social responsibility of recognizing, respecting and ensuring the protection of the inherent rights of all workers as individuals. Mechanisms will be implemented to prevent, in any of its forms, any discriminatory act, violence, SH, and / or any other workplace harassment, whether verbal, physical and / or psychological that occurs as a consequence of labor relations within the Project, including those acts that may occur as a result of the interaction among the workers, contractors, subcontractors and with the community (general population). To achieve these objectives, DICT consistent with the objectives of the National Government in preventing violence against women, the gender approach policy and respect for individual freedoms, will consider the following actions: a. Promotion of cooperative relations with the authorities (Philippine National Police, Civil Service Commission, Department of Labor and Employment, LGUs, among others) to ensure timely and diligent responses when filing complaints of harassment or gender violence. These measures seek to protect the vulnerable population; 34 b. Training of workers by informing them about current legislation and internal procedures regarding workplace sexual harassment, providing the necessary guidelines to prevent and punish harassment in the public and private sectors; c. Awareness of workers through the development of workshops and awareness-raising talks on prevention of SEA/SH approach; d. DICT will supervise the respect and observance of the current regulations on gender equality, hiring of foreign personnel, and people with disability (PWD); 40 e. Guarantee the right to confidentiality of the information obtained from the workers and medical examinations, and not to use said information to the detriment of the workers, subject to the provisions of RA 10173 or the Data Privacy Act of 2012; f. Rejection and sanction of the discriminatory treatment that stigmatizes workers with HIV / AIDS, implementing prevention and protection measures that protect them against situations of unjustified dismissal due to their physical condition in accordance with Republic Act No. 11166 or the Philippine HIV and AIDS Policy Act; and g. Rejection and sanction of acts of sexual harassment in the workplace, including respect of the right of those who identify themselves as a victim to go to the police, fiscal and / or judicial authorities in defense of their rights. All the aforementioned actions will be included in the Code of Conduct of the, which will comply with the minimum requirements established in Annex 5. The said Code of Conduct will be complied by contractors and subcontractors through its incorporation in their contracts under the Project. Workers’ Compensation Individuals hired through COS shall be paid by the prevailing market rates, subject to the provisions of Republic Act No. 9184 and its Implementing Rules and Regulations. On the other hand, individuals hired through job order shall be paid wages equivalent to the daily wages/salary of comparable positions in government and a premium of up to 20% of such wage/salary. Workers employed by the third parties shall be paid in accordance with the Labor Code. Minimum wage rates to be applied shall be those prescribed by the Regional Tripartite Wages and Productivity Boards. The remunerations will be made: a. Respecting the amounts established in the employment contracts and/or the law; b. Complying with the policies and legal provisions on non-discrimination in wages between men and women; c. Without applying adjustments or deductions not authorized by the worker or applicable law; d. On a monthly basis by means of an account payment, on the date established in the contract; and, e. With the delivery of the respective payment slip. f. Any claim regarding the payment of salaries of direct workers may be made administratively to the responsible area court in accordance with their contracts. For workers of the contractors or 40Under RA 10524, “At least one percent (1%) of all positions in all government agencies, offices or corporal ions shall be reserved for persons with disability: Provided, That private corporations with more than one hundred (100) employees are encouraged to reserve at least one percent (1%) of all positions for persons with disability.” 35 sub-contractors, any claim for payment of salaries shall be made before the DOLE in accordance with the Labor Code and other applicable laws. g. DICT, the contractor or sub-contractor, and other implementing entities will assume the timely payment of the social benefits generated (bonuses, unemployment, vacation, among others), in full and when appropriate. h. Likewise, the expenses generated by the provision of the services in connection with the Project will be assumed by their corresponding employers, which may include the following items: mobility, representation expenses, per diem, etc. Workers’ Contracts DICT will ensure that all contracts of JO and COS for the Project, including possible cases in which the hiring of a worker is financed directly with a budget from the World Bank, must be consistent with the LMP procedures and national regulations. Each worker must be hired according to the corresponding legal regime. Contracts must not be used to avoid the obligations under existing and applicable laws. The contract, written in a language known to the parties, shall be executed between the PIU and the direct worker that specifies the following: a. Parties to the contract, including the name of worker, age, citizenship, civil status, gender, and address; b. Premises with regard to the needed services, acceptance of the parties, qualifications of the worker, and attestation that the worker is not related within the fourth degree of consanguinity or affinity to the hiring authority and/or its representative, and that the worker has not been previously dismissed from government service by reason of administrative offense; and, c. Terms and conditions of the contract, including the hours and place of work, remuneration payable to the worker, job description, summary of deliverables, duration of contract, procedure for suspension or termination of contract, statement that there is no employer-employee relationship between the contracting parties. In addition to the written contract, an oral explanation of the provision stated therein shall be provided to the contracting worker who may have difficulty in understanding the provisions. The DICT shall ensure that the employment contract of workers of contractor and subcontractor and other entities shall include the following stipulations pursuant to DOLE DO 174, s. 2017: a. The specific description of the job or work to be performed by the employee; and b. The place of work and terms and conditions of employment, including a statement of the wage rate applicable to the individual employee. The contractor and subcontractor shall inform the employee of the foregoing stipulations in writing on or before the first day of his/her employment. Benefits of Contracts For direct workers under JO or COS arrangements, the provisions of their contract executed pursuant to CSC-COA-DBM No. 1, s. 2017 shall be strictly complied with. 36 Regarding the contracted workers: DICT will assume continuous supervision on contractors’ compliance with all labor regulations and conditions stipulated in this LMP, based on this it will schedule unexpected visits and / or periodically request information on the contracts subscribed, contributions made, and taxes paid to the Government. The workers are entitled to all the benefits under the Labor Code, as amended, and other applicable laws. All Project workers will have protection against arbitrary dismissal, discrimination, SH, workplace harassment, and acts of violence, according to the corresponding laws indicated in Annex 1 of this document. 8. Management of Contractors and Subcontractors Responsibility for compliance with the LMP will be cascaded down to every implementer; In other words, this will fall not only on the DICT, but also on the contractor, subcontractors, the primary suppliers or third parties in charge, which will be incorporated in the respective contracts. For the hiring of the workers of the contractors, subcontractors, and the primary suppliers or third parties that they hire, the same obligation applies with respect to compliance with the LMP and it Annexes, the ESF of the World Bank, and national and international regulations applicable to the Project workers. The scope and procedures of the LMP are not only exclusively for the DICT and the workers that it hires, but is also extended to the contractor companies (works executor), the work supervisor, subcontractors, primary suppliers, third parties, and all personnel related to the execution of the Project; therefore, it must be disseminated and enforced. 9. Workers’ Grievance Redress Mechanisms As per ESS2, a grievance mechanism will be provided for all direct and contracted workers to raise workplace concerns. All workers will be informed of the grievance redress mechanism at the time of recruitment and the measures put in place to protect them against reprisal for its use. The workers’ GRM will be easily accessible to all project workers. Since workplace concerns are usually different from issues raised by project-affected parties and other stakeholders, a separate mechanism from the Project GRM will be used to address them. DICT undertakes to implement and disseminate the mechanism for handling complaints and grievances for Project workers, which will be a transparent and timely procedure and will allow workers to raise complaints, claims, labor inquiries, or suggestions even anonymously. The grievance mechanism shall be made easily accessible to all Project workers. Regular meetings with the project workers to discuss any work-related issues and concerns will be conducted. Every grievance raised by a worker will be documented including the actions undertaken by the office to address such grievance. This mechanism will be replicated in contractor and subcontractor companies. Complaints about SEA/SH in the workplace shall be subject to the procedure outlined in RA 7877. Administrative cases on SH cases in the public sector is covered by CSC Resolution 01-0940. Government 37 workers’ complaints shall observe the grievance redress mechanism of the concerned agency pursuant to CSC No. 2, s. 2001. For other labor issues or complaints emanating from the implementation of the Project, this grievance mechanism will apply. Availing of the grievance mechanism process provided herein is without prejudice to the filing of appropriate complaint before the DOLE, CSC, or the proper courts and other competent authority. Elements of the workers’ GRM Submission of grievance: The means (face-to-face, virtual, telephone call) to make complaints, claims, work inquiries, or suggestions, the national DICT Office can be contacted as per the below table. This contact can be used by all workers, but contractors and suppliers and third-party providers are encouraged to provide internal workers’ GRM as well. Only if a worker wishes to escalate a grievance, the national DICT office should be contacted. Table 5 Contacts for complaints, claims, labor inquiries or suggestions Means Contacts Telephone No. Hours of attention: Email Email address: Website Webpage: In Person Office address Hours of attention: Direct contact: The procedure for the complaints and grievance mechanism will be as follows: 1. The worker will formulate the complaint, claim, labor consultation, or suggestion through the established means, which will be received, registered and evaluated by DICT. 2. DICT, after the corresponding evaluation, will give its answer or appropriate action. 3. In case the person who made the complaint or claim does not agree with the response, he/she may file a motion for reconsideration (MR) before the said Office. The person can address other mechanisms, such as the formal judiciary, at any time. 4. The MR will be grounds for re-evaluation of the first decision of DICT, which will issue a decision on the MR. 5. In case the person who made the complaint or claim does not agree with the decision on the MR, the procedure will be closed without any agreement. This person may follow the administrative procedure according to the nature of the complaint or claim. 6. In case the person who made the complaint or claim agrees with the decision, the agreement will be implemented after the corresponding negotiation in order to close the procedure. Logging of grievance: DICT will prepare a specific log where grievances are registered in writing and maintained as a database. Contractors should prepare their own logs for grievances filed internally and should report on types and trends of grievances to the PIU. The workers’ GRM will be broadly made available to all workers. Information capturing the length of time users can expect to wait for acknowledgement, response and resolution of their grievances will be 38 made available to every direct and contracted workers during the employment process. DICT and contractors must inform all workers of the DICT and contractors’ procedures, a reference should be included into respective contracts. Transparency about the grievance procedure will be provided to all workers. Information includes the governing structure and decision makers; and an appeals process (including the national judiciary) to which unsatisfied grievances may be referred when resolution of grievance has not been achieved (see table below). Every worker can further file a complaint with the competent authorities. The following Table presents the authorities according to their functions to receive specialized complaints: Table 6 Competent Authorities to receive complaints. N° Institutions Functions Civil Service CSC shall hear and decide administrative cases instituted by or 1 Commission brought before it, directly or on appeal.41 They take cognizance of complaints involving their respective 2 Head of Agency personnel.42 All agencies must establish a grievance mechanisms.43 They take cognizance of complaints involving their respective 3 LGU personnel.44 All agencies must establish a grievance mechanisms.45 The parties may agree to private arbitration, but this will not deprive 4 Private Arbitration Philippine labor courts or agencies of jurisdiction over certain labor disputes as provided by law The Labor Code requires parties to a CBA to establish a machinery for Grievance Machinery the adjustment and resolution of grievances arising from the 5 under the CBA interpretation or implementation of their CBA. The DOLE through its regional offices and attached agencies shall provide a speedy, impartial, inexpensive and accessible settlement of DOLE/SeNA Desk labor issues arising from employer-employee relations, including 6 Officers issues on OSH Standards, to prevent them from ripening into full blown labor dispute or actual labor case, of the Single Entry Approach (SeNA)46 Receive complaints of sexual harassment; Investigate sexual Committee on Decorum 7 harassment complaints in accordance with the prescribed procedure; and Investigation Submit a report of its findings with the corresponding 41 Revised Rules on Administrative Cases in the Civil Service 42 Revised Rules on Administrative Cases in the Civil Service 43 CSC Memorandum Circular 2, s. 2001 44 Revised Rules on Administrative Cases in the Civil Service 45 CSC Memorandum Circular 2, s. 2001 46 RA 10396 and DOLE Department Order No. 151-16, s. 2016 39 N° Institutions Functions (CODI) in Sexual recommendation to the disciplining authority for decision; and Lead in Harassment Cases the conduct of discussions about sexual harassment within the agency or institution to increase understanding and prevent incidents of sexual harassment. Labor Arbiters have original and exclusive jurisdiction to hear and decide the following cases involving all workers, whether agricultural Labor Arbiters/ or non-agricultural: unfair labor practice cases; termination disputes; National Labor claim for reinstatement; claims damages; cases arising from strikes 8 Relations Commission and lockouts; and all other claims arising from employer-employee (NLRC) relations. Cases decided by Labor Arbiters are appealable to the NLRC47. Philippine National Through the police stations, they intervene in the reception and 9 Police (PNP) processing of complaints, as well as in the investigation of crimes SEA/SH-related Grievances DICT and the contractors will ensure that the respective workers’ grievance handling mechanism responds appropriately to SEA/SH concerns. This includes the delivery of information on relevant legislation to survivors prior to any disclosure of case details. This will allow protect the survivor-centered approach from mandatory reporting. DICT and contractors will ensure that the GBV survivor has the freedom and right to report an incident to anyone: project staff, human resources, GBV case manager, etc... All recipients of the report should – with the survivor’s informed consent – report the case to the formal DICT or contractor workers’ grievance mechanism. Furthermore, a survivor should be able to ask someone else to act as a survivor advocate and report on her/his behalf. The grievance recipient will be responsible for the recording and registration of the complaint. Confidentiality: All grievance recipients and anyone handling the SEA/SH-related grievances must maintain absolute confidentiality in regard to the case and in a survivor-centered manner. Maintaining confidentiality means not disclosing any information at any time to any party without the informed consent of the person concerned. Informed Consent: The survivor can only give approval to the processing of a case when he or she has been fully informed about all relevant facts. The survivor must fully understand the consequences of actions when providing informed consent for a case to be taken up. Asking for consent means asking the 47 Art. 217, Labor Cod 40 permission of the survivor to share information about him/her with others (for instance, with referral services and/or PIU), and/or to undertake any action (for instance investigation of the case). Under no circumstances should the survivor be pressured to consent to any conversation, assessment, investigation or other intervention with which she does not feel comfortable. A survivor can also at any time decide to stop consent. If a survivor does not consent to sharing information, then only non-identifying information can be released or reported on. Awareness Raising: General awareness raising among staff in regard to SEA/SH will be conducted and all staff is expected to sign Codes of Conducts (CoCs) with reference to SEA/SH. 41 Annex 1: Requirements of ESS2 and Philippines Labor Legislation The Environmental and Social Standard 2 (ESS2) of the World Bank on labor and working conditions applies to all projects financed by the World Bank and aims to promote and protect safety and health, fair treatment, and non-discrimination and equal opportunities for Project workers, especially the most vulnerable. This ESS recognizes the importance of job creation and income generation in order to reduce poverty and foster inclusive economic growth. It also seeks to prevent the use of all forms of forced labor and child labor. On the other hand, it supports the principles of freedom of association and collective negotiation of the Project's workers in accordance with national laws. And finally, it provides Project workers with accessible means to raise concerns about labor and working conditions. In general terms, current Philippine regulations address most of the requirements considered in this standard. The requirements of ESS2 and Philippine labor regulations are detailed below. 42 Table 7 GAP analysis ESS2 and Philippines labor regulations National Labor Laws and Regulations Gaps ESS2 Requirements: 1. Terms and Conditions of Employment 1.1 Information and documentation sets out the rights of project workers under national labor and employment law, including rights related to hours of work, wages, overtime, compensation and benefits, non-discrimination and equal opportunity, workers’ organizations, protection from child labor and forced labor, grievance redress mechanisms, and occupational health and safety (OHS). ✔ Labor Code of the Philippines, as amended, and its IRRs - Prescribes the terms and conditions of The Philippines has not yet ratified ILO employment and other requirements, including rights of workers. Convention No. 81 (Labour Inspection Convention 1947), and instead observes ✔ EO 292, s. 1987 and its IRRs -The terms and conditions of employment of all government employees, compliance with general labor standards (GLS) shall be fixed by law. Those that are not fixed by law may be the subject of negotiation between duly and occupational safety and health standards recognized employees' organizations and appropriate government authorities. (OSH) that are monitored using the Labor Laws ✔ RA 11058 and DO 198, s. 2018. Provides for the rules on wages for the private sector, including Compliance System (LLCS). setting the minimum wage, forms, time and place of payment. ✔ RA 6727 (Wage Rationalization Act). RTWBPs are mandated to determine and fix wage rates in their respective regions. ✔ DOLE Department Order No. 237, or the Revised Implementing Rules and Regulations (IRR) of Republic Act No. 11165, also known as the Telecommuting Act. Telecommuting is a work arrangement that allows an employee work from an alternative workplace. ✔ JOINT CIRCULAR NO. s. 2022. Policies on the adoption of Flexible Work Arrangement for the Contract of Service (COS) and Job Orders (JO) in Government 1.2 Payment of project workers on a regular basis. Deductions from payment of wages made in accordance with national laws ✔ RA 6727 (Wage Rationalization Act). RTWBPs are mandated to determine and fix wage rates in their Republic Act 9184 of 2003 or the Procurement respective regions. Act also governs services rendered by contractual workers. It defines the services ✔ Labor Code of the Philippines, as amended, and its IRRs -Provides for the rules on wages for the rendered by JO/COS workers as either private sector, including setting the minimum wage, forms, time and place of payment. consulting services or non-personal or ✔ RA 11466, Modifies the salary schedule for civilian government personnel and authorities. contractual services. However, the work ✔ EO 292, s. 1987- Congress shall provide for the standardization of compensation of government undertaken by JO/COS workers can also be officials and employees. treated as “nonpersonal or contractual services,” subsumed under the category of “goods” and can be reported as MOOE. . 43 National Labor Laws and Regulations Gaps ✔ CSC-COA-DBM Joint Circular No. 1, s. 2017 - Individual COS shall be paid the prevailing market rates; The enrolment of the JO/COS workers to the individual hired as JO shall be paid wages equivalent to the daily wage/salary of comparable positions in social protection programs, such as Social government and a premium of up to 20% of such wage/salary. Security System (SSS), national health insurance program (PhilHealth), and housing ✔ Executive Order 292, Sec. 7-9, Chapter 2, Subtitle A, Title 1 - Both career and non-career service loan program (PAG-IBIG Fund) is voluntary, employees are entitled to government-mandated salaries and benefits. since these programs view JO/COS workers as ✔ Executive Order 292 or the Administrative Code of 1987 serves as the guiding framework for public self-employed. sector employment and civil service. ✔ Omnibus Rules on Appointments and Other Human Resource Actions (ORAOHRA CSC, 2018a), lays In contrast, salaries and benefits of down specific guidelines based on the general provisions in the EO 292. government employees—permanent, temporary, contractual and casual—are ✔ DOLE issued Department Order No. 18-A, dated 14 November 2011 `1st, it amended the rules charged to personnel services (PS), which are governing contracting and subcontracting arrangements to provide clarity about outsourcing in which workers predetermined through the salary were treated as subcontractors to avoid payment of benefits. 2nd, imposed penalties on employers and standardization laws revised periodically in subcontractors who repeatedly hire employees under rotating 5-month contract Congress (Source: Mangaoang 2021). Policy incentives on the long-term JO/COS workers to be government employees. 1.3 Project workers to be provided adequate rest periods of rest per week, annual holiday and sick leaves, maternity and family leave ✔ Labor Code of the Philippines, as amended, and its IRRs Provides for rules on working conditions and To widen the scope of collective bargaining to rest periods, holidays and service incentive leaves. include JO/COS workers as the principles is laid out in the ILO Convention No. 151 (Labor ✔ RA 11210 -Provides for 105 expanded maternity leave. Relations Public Service). These may help ✔ RA 8187 - Provides for paternity leave benefit for 7 days up to first 4 deliveries of his legitimate public sector unions in formulating collective spouse. negotiation agreements (CNAs) so they can be ✔ RA 8972 - Grants parental leave of not more than 7 days, and additional 15-days maternity leave for more capable of negotiating for higher wages, solo parent female worker. incentives and benefits for the JO/COS workers. The Philippines has ratified ILO Convention 151 ✔ EO 292, s. 1987 and Omnibus Rules Implementing Book V of EO 292. Provides for rules on leaves for but laws needs to be passed. the government personnel. ✔ CSC-COA-DBM Joint Circular No. 1, s. 2017. Contractual/casuals are entitled to benefits being enjoyed by regular employees (ORAOHRA 2017) but Per CSC DBM Joint Circular No. 1 s. 2012, contractual/casuals are excluded from the grant of step increment due to length of service 44 National Labor Laws and Regulations Gaps 1.4 Project workers to be provided written notice of termination of employment and details of severance payments in a timely manner. Wages earned, social security benefits, pension contributions and other forms of entitlements pain on or before termination and directly to project workers. There is evidence of payment for payments made for the benefit of project workers ✔ Labor Code of the Philippines, as amended, and its IRR. There is no dismissal without just cause for Services of COS and JO workers are not regular employees. Notice of termination is required and details of benefits to be received are prescribed. covered by Civil Service law; hence, they do not enjoy the benefits such as leave, and 13th ✔ EO 292, s. 1987 and Omnibus Rules Implementing Book V of EO 292. No officer or employee of the month pay. civil service shall be removed or suspended except for cause as provided by law and after due process. Administrative Order (AO) No. 3, which “authorizes the grant of gratuity pay to COS and JO workers in government for fiscal year 2022”. But this is a one-time gratuity pay not exceeding P5,000. ESS2 Requirements: II: Non-discrimination and Equal Opportunity 2.1 A non-discrimination policy exists, i.e., decisions made to the employment or treatment of project workers not made based on personal characteristics unrelated to inherent job requirements. Employment of project workers is based on principle of equal opportunity and fair treatment, and non-discrimination. ✔ 1987 Philippine Constitution. The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all. ✔ EO 292, s. 1987 and Omnibus Rules Implementing Book V of EO 292 appointments in the Civil Service shall be made only according to merit and fitness; government employees shall not be discriminated against in respect of their employment by reason of their membership in employees' organizations or participation in the normal activities of their organizations. ✔ CSC Memorandum Circular No. 3, s. 2001 provides for the revised policies on the merit promotion plan, which mandates that appointment in the government service is open to all qualified men and women according to the principle of merit and fitness. ✔ R 9710 - The State condemns discrimination against women in all its forms. Public and private entities and individuals found to have committed discrimination against women shall be subject to sanctions. ✔ RA 8371- the State is mandated to extend to ICC/IPs the same employment rights, opportunities, basic services, educational and other rights and privileges available to every member of the society, and the employment of any form of force or coercion against ICCs/IPs is dealt with by law. ✔ IRR of RA 10524, at least one percent (1%) of all regular and non-regular positions in all government agencies shall be reserved for persons with disability; 45 National Labor Laws and Regulations Gaps ✔ Republic Act No. 10911, the Anti-Age Discrimination in Employment Act, generally considers as unlawful acts which consider age as a determining factor in hiring, compensation and benefits, separation, and other aspects of employment. 2.2 Measures are in place to prevent and address harassment, intimidation and exploitation ✔ The Anti-Sexual Harassment Act of 1995 (Republic Act No. 7877) mandates employers to formulate House of Representatives adopted a resolution and adopt policies to prevent or deter the commission of acts of sexual harassment, among others. calling for the immediate ratification of International Labor Organization (ILO) ✔ The Safe Spaces Act (Republic Act No. 11313) imposes the duty on employers or other persons of Convention No. 190 which recognizes the right authority, influence or moral ascendancy in a workplace to prevent, deter or punish the commission of acts of of everyone to a violent-free workplace, gender-based sexual harassment in the workplace including gender-based violence and harassment (Jan. 2023) 2.3 There are appropriate measures for protection and assistance for vulnerable project workers such as women, persons with disabilities (PWDs), migrant workers, and children of working age in accordance with ESS2 ✔ In order to protect the workers from illegal recruitment, the Philippine Congress passed Republic Act R.A. 9231, does not provide clear parameters No. 8042 or The Migrant Workers and Overseas Filipinos Act of 1995 which, among others, defined illegal for intervention in the informal sector. The recruitment activities and put down the penalties on persons found guilty of it. Some Local Government provisions have been crafted primarily with the Units have Migrant Resource Centre. formal sector in mind (ILO 2019). ✔ RRI of Republic Act No. 9231 Amending R.A. 7610, as amended, not only defines work permit but as Short-term contracts can also be used as a well as (a) access to education, training and for working child; (b) access to immediate legal, medical and means to discriminate against women who psychosocial services. marry and/or become pregnant (ADB ILO 2013) ✔ Part of the RRI is the establishment of the National Vocational Rehabilitation Centers (NVRCs) and Area Vocational Rehabilitation Centers (AVRCs) to enhance the employability of PWD; refer trained PWDs Absence of policy incentives for an inclusive thru their NVRCs and AVRCs for job placement; and provide auxiliary aid to trained PWDs that will facilitate workplace. Currently, it is the advocacy of their employment (TESDA) private businesses to be disability inclusive employer. Code of practice on managing disability in the workplace (ILO) ESS2 Requirements: III: Worker’s Organization 3.1 There are laws that recognize workers’ rights to form and join workers’ organizations and to bargain collectively without interference 46 National Labor Laws and Regulations Gaps ✔ 1987 Philippine Constitution guarantees the rights of all workers to self-organization, collective JO/COS workers are usually exempted from the bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with collective negotiation agreements (CNAs), law. which should have culminate in increases in ✔ 1987 Constitution. Sec. 3, Article XIII provides: “The State shall promote the principle of shared benefits and incentives. responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.” ✔ Labor Code of the Philippines, as amended. It is unlawful to restrain, coerce, discriminate against or unduly interfere with employees and workers in their exercise of the right to self-organization. All employees have the right to self-organization and to form, join or assist labor organization of their own choosing for collective bargaining, including government employees. ✔ Labor Code, as amended by RA 6715 Article 211 of the Code provides, among others: to promote and emphasize the primacy of free collective bargaining and negotiations, including voluntary arbitration, mediation and conciliation, as modes of settling labor or industrial disputes, and; to provide an adequate administrative machinery for the expeditious settlement of labor or industrial disputes. ✔ EO 292, s. 1987 all government employees, including those in government-owned or controlled corporations with original charters, can form, join or assist employees' organizations of their own choosing for the furtherance and protection of their interests. ESS2 Requirements: IV: Child Labor 4.1 National Laws prescribe the minimum age of employment of children ✔ DOLE DO 65-04 Children below 15 years old who works must secure work permit; employers, workers and their organizations, professional organizations or business federations are encouraged to establish or adopt mechanisms to monitor their ranks and take corrective action against erring members. ✔ Omnibus Rules Implementing Book V of EO 292 Only 18 years and above is eligible for appointment, and submission of certificates and clearances is a must. ✔ RA 9231. Penalizes any person who employs a child below 15 years old, except in work allowed by law. 47 National Labor Laws and Regulations Gaps ✔ Labor Code of the Philippines, as amended. Employees may not be less than 15 years of age unless they are working directly under their parents or guardian and their work does not hinder their education; Persons between 15 and 18 years old may work for a certain number of hours and periods of the day. Regardless, no person below 18 years old may be employed in occupations that are considered dangerous 4.2 There are measures to ensure the protection and safety of children employed in accordance with the minimum age ✔ Section 12, Article VIII of R.A. 7610 (R.A. No. 7658). Prohibits employment of children below 15 except when employed directly by the child's parents or legal guardian, provided that the work does not endanger the child's health and morals, and that the child is provided with primary and/or secondary education. Also permits children to be employed in entertainment productions, provided a permit is secured from the DOLE Sector Specific Policies are: ✔ 2016-06-15 Department Order No. 156-16 Rules and Regulations governing the Working and Living Conditions of Fishers on board Fishing Vessels engaged in Commercial Fishing Operation. ✔ 1999-09-21 Department Order No. 04 on hazardous work and activities to persons below 18 years of age. ESS2 Requirements: V. Forced Labor 5.1 There are prohibitions against the use of forced labor, i.e., involuntary or compulsory labor such as indentured labor, bonded labor or similar labor-contracting arrangements that exacts labor from an individual under threat of force or penalty ✔ EO 292, s. 1987 all government employees, including those in government-owned or controlled corporations with original charters, can form, join or assist employees' organizations of their own choosing for the furtherance and protection of their interests. ✔ RA 10364 Expanded Anti-Trafficking. Prohibits any act that introduce match for money, profit, or material, economic or other consideration any person for purposes of forced labor, slavery, involuntary servitude or debt bondage. ✔ RA. 10361: An act instituting policies for the protection and welfare of Domestic Workers 5.2 There are regulations against the trafficking of persons ✔ Republic Act 9208 or the Anti-Trafficking in Persons Act of 2003, as amended by RA 10364 also known as the Expanded Anti-Trafficking in Persons Act of 2012. This law provided amendments to the definition of 48 National Labor Laws and Regulations Gaps trafficking, making it more specific to the acts that would constitute trafficking; separated the definition of forced labor and slavery; and defined involuntary servitude. ✔ RA No. 10364 also enumerated more circumstances that could be considered as trafficking in persons, and defined new circumstances that could be classified as attempted trafficking in persons. ESS2 Requirements: V1. Grievance Mechanism 6.1 Grievance Mechanisms are provided to address workplace concerns. ✔ Article 255 of the Labor Code of the Philippines states that an employee or group of employees may present their grievances to their employer at any time 6.2 Project workers are informed of grievance mechanisms at the time of recruitment and the measures in place to protect them against any reprisal for its use ✔ MC 02 2001 by CCC: Revised Policies on the Settlement of Grievances in the Public Sector. Each Government Agency is mandated to developed their own policies on Grievances. ✔ Grievance Machinery, pursuant to Rule XII of Omnibus Rules Implementing Book V of EO 292 6.3 The grievance mechanisms are designed to address concerns promptly, using an understandable and transparent process that provides timely feedback to those concerned in a language they understand, without any retribution, and will operate in an independent and objective manner. ✔ Article 255 of the Labor Code of the Philippines states that an employee or group of employees may present their grievances to their employer at any time. ✔ MC 02 2001 by CCC: Revised Policies on the Settlement of Grievances in the Public Sector. Each Government Agency is mandated to developed their own policies on Grievances. ✔ Grievance Machinery is required, pursuant to Rule XII of Omnibus Rules Implementing Book V of EO 292 6.4 The grievance mechanisms will not impede access to other judicial or administrative remedies that are available under national law, or through existing arbitration procedures, or substitute for grievance mechanisms provided through collective agreements ✔ Article 260 and Art. 261 of the Labor Code, as amended by Republic Act 6715. Art. 260 is emphatic on the duty of the parties to a collective bargaining agreement to establish a machinery for the adjustment and resolution of grievances arising from the interpretation and enforcement of the CBA and/or company personnel policies, and for the mandatory use of the said machinery. ESS2 Requirements: V11. Occupational Health and Safety 49 National Labor Laws and Regulations Gaps 7.1 OHS measures will take account of General and Industry-Specific Environmental Health and Safety Guidelines (EHSGs) ✔ RA 11058 State guarantees a safe and healthy working environment for employees by providing protection from all possible dangers in the workplace. It applies to all organization, projects, sites, or any place where work is being done. ✔ DOLE DO 198, s. 2018 Implements the provisions of RA 11058 and requires covered places to have OSH Program to ensure safe environment, including the provision of workers’ welfare facilities. ✔ CSC-DOH-DOLE Joint Memorandum Circular No. 1, s. 2020 provides for the OSH standards for the public sector 7.2 OHS measures will take account of General and Industry-Specific Environmental Health and Safety Guidelines (EHSGs) a. Identification of potential hazards to project workers, including those that are life-threatening ✔ RA 10396 and DOLE DO 151-16 provide a speedy, impartial, inexpensive and accessible settlement of labor issues arising from employer-employee relations, including issues on OSH Standards, to prevent them from ripening into full blown labor dispute or actual labor case, or the Single-Entry Approach (SeNA) ✔ EO 292, s. 1987 Each department or agency shall promulgate rules and regulations governing expeditious, fair and equitable adjustment of employees' complaints or grievances. ✔ CSC MC 2, s. 2001. All agencies must establish grievance machinery. The CSC issued policies on grievance in the public sector. 7.2 b. Provision of preventive and protective measures, including modification, substitution, or elimination of hazardous conditions, or substances ✔ RA 11058 State guarantees a safe and healthy working environment for employees by providing protection from all possible dangers in the workplace. It applies to all organization, projects, sites, or any place where work is being done. ✔ DOLE DO-13: Guidelines Governing Occupational Safety and Health in the Construction Company ✔ OCCUPATIONAL SAFETY AND HEALTH STANDARDS (As Amended, 1989). The following applies: RULE 1010 OTHER SAFETY RULES; RULE 1040 HEALTH AND SAFETY COMMITTEE; RULE 1080 PERSONAL PROTECTIVE EQUIPMENT AND DEVICE 7.2 c. Training of workers and maintenance of training records ✔ RULE 1030 TRAINING OF PERSONNEL IN OCCUPATIONAL SAFETY AND HEALTH 7.2 d. Documentation and reporting of occupational accidents, diseases, and incidents 50 National Labor Laws and Regulations Gaps ✔ RULE 1050 NOTIFICATION AND KEEPING OF RECORDS OF ACCIDENTS AND/OR OCCUPATIONAL ILLNESSES 7.2 e. Emergency prevention and preparedness, and response arrangements to emergency situations ✔ DOLE Safety Control Program; Emergency Preparedness Program: Training and Protocols 7.2 f. Remedies for adverse impacts such as occupational injuries, deaths, disability, and disease ✔ RULE 1960 OCCUPATIONAL HEALTH SERVICES ✔ Compliance to DOLE DO 224-21: Guidelines on Ventilation for Workplaces and Public Transport to Prevent and Control the Spread of COVID-19 7.3 Measures and procedures are in place to establish and maintain a safe working environment including that workplaces, machinery, equipment, and processes under their control are safe and without risk to health, including by use of appropriate measures relating to chemical, physical, and biological substances, and agents ✔ RULE 1060 PREMISES OF ESTABLISHMENT; ✔ RULE 1070 OCCUPATIONAL HEALTH AND ENVIRONMENTAL CONTROL; ✔ RULE 1090 HAZARDOUS MATERIALS; ✔ RULE 1100 GAS AND ELECTRIC WELDING AND CUTTING OPERATION; ✔ RULE 1120 HAZARDOUS WORK PROCESSES; ✔ Memorandum Circular No. 02, Series of 1998 - Technical Guidelines for Classifying 246 Hazardous and Non-Hazardous Establishments, Workplaces and Work Processes; and ✔ Compliance to DOLE DO 136-14: Guidelines for the Implementation of GHS in the Chemical Safety Program in the Workplace. 7.4 There are workplace processes in place for project workers to report work situations that they believe are not safe or healthy, and to remove themselves from a work situation which they have reasonable justification to believe presents an imminent or serious danger to their life or health. There are measures to protect project workers from retaliation, reprisal or negative action for such reporting or removal. ✔ If the Department of Labor and Employment (DOLE) determines that an imminent danger situation exists in the workplace that may result to death or illness, workers have to right to refuse work pursuant to R.A. 11058 (Act Strengthening Compliance with Occupational Safety and Health Standards). ✔ A Work Stoppage Order (WSO) shall be issued as soon as the imminent danger situation is confirmed to exist by the DOLE. Workers may validly refuse to work until the lifting of the WSO. The law affords protection to the safety officer and workers against retaliatory acts or reprisals. ✔ D.O. 198-18 includes a presumption that the employer is presumed a party at fault if the WSO was issued secondary to an imminent danger situation, which would imperil the lives of the workers 51 National Labor Laws and Regulations Gaps 7.5 Project workers are provided with facilities appropriate to their work, including access to canteens, hygiene facilities, and appropriate areas for rest. ✔ RULE 1960 OCCUPATIONAL HEALTH SERVICES ✔ Department Order No. 198 - Series of 2018 - Implementing Rules and Regulations of 420 Republic Act No. 11058 Entitled “An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof” ✔ Department Advisory No. 04 - Series of 2019 - Guide for Compliance of Establishments to 441 DO 198-1 ✔ Compliance to Joint Memorandum Circular (JMC) No. 1, s. 2020 – Occupational Safety and Health (OSH) Standards for the Public Sector 7.6 There are policies for providing accommodation services that protect and promote the health, safety, and well-being of project workers, and to provide access to services that accommodate their physical, social, and cultural needs ✔ Work Life Balance are internal policies both for the private and public sector. While existing ILO standards, most notably the ✔ DO 53-03: Guidelines for the Implementation of a Drug-Free Workplace Policies and Programs for the Workers with Family Responsibilities Private Sector A. Advocacy, Information, Education and Training B. Preventive Strategies C. Social Policy D. Convention, cover some of these issues, the Health Care Services E. Benefits and Compensation F. Monitoring and Enforcement G. Exemplary Practices ILO is extending its research and policy work to ✔ Department Order No. 73-05: Guidelines for the Implementation of Policy and Program on cover a broader range of work-life balance Tuberculosis (TB) Prevention and Control in the Workplace issues, in order to develop research-based ✔ Department Order No. 102-10: Guidelines for the Implementation of HIV and AIDS Prevention and policy advice and practical information that Control in the Workplace Program addresses modern realities and meets the ✔ Department Advisory No. 05-10: Guidelines for the Implementation of a Workplace Policy and needs of 21st Century families. Program on Hepatitis B ✔ Department Order No. 208-20: Guidelines for the Implementation of Mental Health Workplace Policies and Programs for the Private Sector ✔ Others: Nutrition and Physical Fitness, Smoking, Lactation Stations, Immunization 7.7 There is a system for regular review of OHS performance and the working environment, which include identification of safety and health hazards and risks, implementation of effective methods for responding to identified hazards and risks, setting priorities for taking action, and evaluation of results ✔ Compliance to JMC No. 1, s. 2020 – OSH Standards for the Public Sector ✔ Occupational Health Program and its Components (DOLE and OSCH) ✔ Implementation of Risk-Based Occupational Health Program 52 Table 8 Requirement of ESS2 and Philippines labor regulations Legal system ESS2 Binding Supervisory Observations PH Laws General Description international institution Theme Main Requirements regulations Labor Code of the Prescribes the terms and Philippines, as conditions of employment and No requirement under amended, and its other requirements, including national law that requires IRRs rights of workers employers to inform and Workers will receive document the terms and information and The terms and conditions of conditions of employment, documentation, employment of all government including the rights of establishing their rights employees, shall be fixed by law. DOLE workers, except OSH under national labor Those that are not fixed by law CSC EO 292, s. 1987 and X measures and the terms and laws, including rights may be the subject of negotiation Heads of its IRRs conditions of employment related to hours of between duly recognized Agency of contractor and sub- work, wages, overtime, employees' organizations and contractor’s employees, pay and benefits (para. appropriate government because the terms and 10). authorities. Labor Terms conditions of employment Information dissemination of and rights of workers are and Conditions RA 11058 and DO OSH for both private and public fixed by law. 198, s. 2018 sector is mandated. Labor Code of the Provides for the rules on wages Philippines, as for the private sector, including amended, and its setting the minimum wage, IRRs forms, time and place of payment Convention N° 100 on equal Workers will receive Modifies the salary schedule for DOLE National regulations address remuneration their payment in RA 11466 civilian government personnel DBM aspects of ESS2 of the ILO regular form (para 11). and authorities COA remuneration National Congress shall provide for the standardization of compensation EO 292, s. 1987 of government officials and employees 53 Legal system ESS2 Binding Supervisory Observations PH Laws General Description international institution Theme Main Requirements regulations Individual COS shall be paid the prevailing market rates; individual hired as JO shall be CSC-COA-DBM Joint paid wages equivalent to the Circular No. 1, s. daily wage/salary of comparable 2017 positions in government and a premium of up to 20% of such wage/salary Labor Code of the Provides for rules on working Philippines, as conditions and rest periods, amended, and its holidays and service incentive IRRs leaves National regulations address Convention N° working conditions on ESS2 Provides for 105 expanded RA 11210 183 on the breaks, except for JO and maternity leave DOLE protection of COS workers because they Workers will have Provides for paternity leave CSC RA 8187 maternity are not considered adequate weekly rest benefit employees of the periods, annual Grants parental leave of not government. vacation, and sick, more than 7 days, and additional RA 8972 maternity or family 15 day maternity leave for solo leave, as required by parent female worker national law and labor EO 292, s. 1987 and management Omnibus Rules Provides for rules on leaves for procedures (para 11). Implementing Book V the government personnel of EO 292 Services of COS and JO workers CSC-COA-DBM Joint are not covered by Civil Service Circular No. 1, s. law; hence, they do not enjoy the 2017 benefits such as leave and 13th month pay 54 Legal system ESS2 Binding Supervisory Observations PH Laws General Description international institution Theme Main Requirements regulations When required by There is no dismissal without just national laws and labor Labor Code of the cause for regular employees. management Philippines, as Notice of termination is required procedures, workers in amended, and its IRR and details of benefits to be the received are prescribed. National regulations address DOLE project will receive aspects of ESS2 termination No officer or employee of the timely notification of EO 292, s. 1987 and of employment. civil service shall be removed or termination of Omnibus Rules suspended except for cause as employment and details Implementing Book V provided by law and after due of severance payments of EO 292 process. (para 12). The hiring of workers The State shall afford full will be based on the protection to labor, local and principle of equal overseas, organized and opportunities and fair unorganized, and promote full 1987 Philippine treatment, and there employment and equality of Constitution will be no employment opportunities for all. discrimination in any of Convention N° the aspects of the It is a State Policy to encourage Non- 111 on employment hiring of workers based on their National regulations address discrimination discrimination, DOLE relationship, such as qualifications, abilities, skills, and aspects of equality and non- and equal employment CSC search and hiring, knowledge instead of their age; discrimination of the ESS2. opportunities and occupation. remuneration (including forbid the placement of wages and benefits), Labor Code of the unreasonable age restrictions on working conditions and Philippines, as employment; and support equal terms of employment, amended rights and treatments for all with access to training, job regards to compensation, assignment, promotion, benefits, and other employment termination of opportunities, age employment or notwithstanding. 55 Legal system ESS2 Binding Supervisory Observations PH Laws General Description international institution Theme Main Requirements regulations retirement, or Discrimination against women disciplinary practices employees with respect to terms (para 13). and conditions of employment solely on account of her sex is prohibited. appointments in the Civil Service shall be made only according to merit and fitness; government EO 292, s. 1987 and employees shall not be Omnibus Rules discriminated against in respect Implementing Book V of their employment by reason of of EO 292 their membership in employees' organizations or participation in the normal activities of their organizations. provides for the revised policies on the merit promotion plan, which mandates that appointment in the government CSC Memorandum service is open to all qualified Circular No. 3, s. men and women according to the 2001 principle of merit and fitness The State condemns discrimination against women in all its forms. Public and private R 9710 entities and individuals found to have committed discrimination against women shall be subject to sanctions. 56 Legal system ESS2 Binding Supervisory Observations PH Laws General Description international institution Theme Main Requirements regulations the State is mandated to extend to ICC/IPs the same employment rights, opportunities, basic services, educational and other rights and privileges available to RA 8371 every member of the society, and the employment of any form of force or coercion against ICCs/IPs is dealt with by law. guarantees the rights of all workers to self-organization, collective bargaining and 1987 Philippine negotiations, and peaceful In countries where Constitution concerted activities, including the national laws recognize right to strike in accordance with the rights of workers to law. form organizations, join It is unlawful to restrain, coerce, ILO Conventions organizations of their discriminate against or unduly N°s DOLE National regulations address choice and to negotiate interfere with employees and 87, 98 and 151 CSC aspects of ESS2 on unions. collectively without Union workers in their exercise of the interference, the project Labor Code of the right to self-organization. All will be carried out in Philippines, as employees have the right to self- accordance with those amended organization and to form, join or national laws (para 16). assist labor organization of their own choosing for collective bargaining, including government employees. all government employees, EO 292, s. 1987 including those in government- owned or controlled corporations 57 Legal system ESS2 Binding Supervisory Observations PH Laws General Description international institution Theme Main Requirements regulations with original charters, can form, join or assist employees' organizations of their own choosing for the furtherance and protection of their interests. Prohibits any act that introduce match for money, profit, or material, economic or other National regulations address Forced labor will not be ILO Forced Forced Labor RA 10364 consideration any person for DOLE aspects of forced labor of used (para 20). Labor purposes of forced labor, slavery, Head of the ESS2. Convention involuntary servitude or debt Agency bondage All parties hiring State guarantees a safe and workers will develop healthy working environment for and implement employees by providing procedures to maintain protection from all possible a safe work dangers in the workplace. It RA 11058 environment, including applies to all organization, verifying that projects, sites, or any place workplaces, machinery, where work is being done. Occupational equipment, and Implements the provisions of RA Health and processes under their 11058 and requires covered DOLE Safety (OSH) control are safe and do places to have OSH Program to National regulations address DOLE DO 198, s. 2018 CSC not present health risks, ensure safe environment, occupational health and Head of with inclusion of the use including the provision of safety aspects of ESS2. Agency of appropriate workers’ welfare facilities measures related to CSC-DOH-DOLE Joint chemical, physical and Memorandum provides for the OSH standards biological agents and Circular No. 1, s. for the public sector substances (para 26). 2020 58 Legal system ESS2 Binding Supervisory Observations PH Laws General Description international institution Theme Main Requirements regulations Project workers will be offered facilities appropriate to the circumstances of their work, including access to dining rooms, hygiene facilities, and appropriate rest areas (para 28). all issues arising from labor and employment shall be subject to mandatory conciliation- mediation; allows voluntary Processes will be arbitration between parties for established in the unresolved issues; parties to a workplace for workers collective bargaining agreement to report work shall establish a machinery to situations that they resolve grievances arising from consider unsafe or Labor Code of the Complaints and the interpretation or DOLE National regulations address unhealthy, and so that Philippines, as grievances implementation of their CSC aspects of mechanisms for they can withdraw from amended management collective bargaining agreement Head of handling complaints and a work situation that system and from the interpretation or Agency grievances of the ESS2. they consider, with enforcement of company reasonable justification, personnel policies; provides for to present an imminent labor arbiters to hear cases or serious danger to involving workers their life or their health provide a speedy, impartial, (para 27). inexpensive and accessible RA 10396 and DOLE settlement of labor issues arising DO 151-16 from employer-employee relations, including issues on OSH 59 Legal system ESS2 Binding Supervisory Observations PH Laws General Description international institution Theme Main Requirements regulations Standards, to prevent them from ripening into full blown labor dispute or acutal labor case, or the Single Entry Approach (SeNA Each department or agency shall promulgate rules and regulations governing expeditious, fair and EO 292, s. 1987 equitable adjustment of employees' complaints or grievances. All agencies must establish grievance machinery. The CSC CSC MC 2, s. 2001 issued policies on grievance in the public sector. Projects may involve the use of community workers in various circumstances, such as when labor is provided by the community as a There is need for further contribution to the clarity as regards volunteer project or when projects workers from the Community If community workers are hired are designed and community insofar as the workers as contractual workers by the carried out in order to applicability of labor and community or the political entity, foster community- x working condition laws, Labor laws will apply. driven development and rules and regulations. provide a social safety net or specific assistance in fragile and conflict-affected situations (para 34). 60 Legal system ESS2 Binding Supervisory Observations PH Laws General Description international institution Theme Main Requirements regulations Children below 15 years old who works must secure work permit; employers, workers and their organizations, professional organizations or business DOLE DO 65-04 federations are encouraged to establish or adopt mechanisms to DOLE The Borrower will monitor their ranks and take ILO Conventions assess whether there corrective action against erring N°s are risks of child or members. 29, 138 and forced labor (para 37). Only 18 years and above is 182. Omnibus Rules eligible for appointment, and Implementing Book V submission of certificates and of EO 292 clearances is a must. The work of minors under Penalizes any person who 14 years of age will not be Child labor employs a child below 15 years allowed for World Bank RA 9231 old, except in work allowed by projects, as ESS2 prevails law. Employees may not be less than 15 years of age unless they are working directly under their The minimum age for parents or guardian and their employment or work does not hinder their recruitment will be ILO Convention education; Persons between 15 specified, which will be N° 138 National DOLE Labor Code of the and 18 years old may work for a 14, unless national laws Philippines, as certain number of hours and stipulate a higher age amended periods of the day. Regardless, no (para 17). person below 18 years old may be employed in occupations that are considered dangerous 61 Table 9 Philippine and International Rules on Working Conditions and Benefits N° Theme Norm/Regulation Observations Recognize the following types of employment (Private): regular and alternative employment arrangements: Labor Code of the project, seasonal, casual, fixed period Philippines, as employment and probationary Contracting amended 1 employment; Art. 106 on contractor or modalities subcontractor; Art. 107 on indirect employer CSC-COA-DBM Joint Governs contract of service and job order Circular 1, s. 2017, workers in the government as amended Book Three, Title I, Art. 83 on normal hours of work; Art. 87 on Chapter I, Labor overtime work; Art. 88 on undertime; Art. Code 89 on emergency overtime work Offices and employees of all department and agencies, except those covered by special laws, shall render not less than 8 Omnibus Rules hours of work a day for 5 days a week or a Work Day, Implementing Book total of 40 hours a week. it shall be from 8 2 Schedule, Overtime V of EO 292, s. 1987 o’clock in the morning to 12 o’clock noon and from 1 o’clock to 5 o’clock in the afternoon on all days except Saturdays, Sundays and Holidays Administrative Code of the Rule XVII provides for government office Philippines of 1987 hours (EO 292) Book Three, Title I, Art. 84 on hours worked; Art. 85 on meal Chapter I, Labor periods Code 3 Breaks Book Three, Title I, Art. 91 /Art. 92 / Art. 93 on rest day, Sunday Chapter II, Labor and Holiday Work; Code Art. 99 on regional minimum wages; Art. Book Three, Title II, 100 on prohibition against elimination or Chapter II, Labor diminution of benefits; Art. 101 on payment Code by results 4 Minimum salary Art. 102 on forms of payment; Art. 103 on Book Three, Title II, time of payment; Art. 104 on place of Chapter III, Labor payment; Art. 105 on direct payment of Code wages Book Three, Title I, Art. 94 on right to holiday pay; Art. 95 on Holidays, Service Chapter II, Labor service incentive leave Incentive Leaves Code 5 and other Leave Omnibus Rules Rule XVI on leave of absence; monetization Privileges Implementing Book of leave credits; vacation and sick leave; V of EO 292, s. 1987 terminal leave 62 N° Theme Norm/Regulation Observations Compensation for Book Six, Title II, 6 Art. 302 on retirement benefits length of service Labor Code All “rank-and-file” employees of employers are entitled to a bonus called “13th month pay,” regardless of the amount of their monthly basic salary, their designation or Revised Guidelines employment status, and the method by on the which their salary is paid, provided they 7 Bonuses Implementation of have worked for at least one month during the 13th Month Pay a calendar year. The 13th month pay of a Law rank-and-file employee should be equivalent to at least 1/12 of the total basic salary that the employee earned within a calendar year RA 11210 or the recognizes the protection of maternity and 105-Day Expanded paternity rights for the public and private Maternity Leave sector Law female worker, regardless of civil status, employment status, and legitimacy of her child, in the public sector or in the private sector is entitled to paid leave benefit for IRR of RA 11210 105 days for live childbirth, and an additional 15 days paid leave if a solo Maternity and 8 parent; sixty (60) days paid leave for Paternity Benefits miscarriage and emergency termination of pregnancy Paternity leave benefit is given to all RA 8187 or the married male employees, regardless of Paternity Leave Act employment status, in the private or public of 1996 sector Parental leave of not more than 7 working RA 8972 or the Solo days every year shall be granted to any solo Parents’ Welfare parent employee who has rendered service Act of 2000 of at least one year Internal 9 x regulations Ministerial National measures against HIV and AIDS in 10 HIV Resolution 376- the workplace 2008-TR Art. 128 grants the Secretary of Labor or his Labor Code of the duly authorized representative to access Philippines, as employer’s records and premises at any 11 Labor inspection amended time of the day or night whenever work is being undertaken therein RA 11058 63 N° Theme Norm/Regulation Observations Reiterates the inspection and enforcement power of the DOLE under Art. 128 of the Labor Code; C029 - Forced Labor 01 February 1960, effective Convention, 1930. C087 - Freedom of Association and Protection of the 02 March 1960, effective Right to Organize Convention, 1948 C098 - Right to Organize and Collective Negotiation Convention, 1949 C100 - Equal Remuneration March 13, 1964, effective Convention, 1951 C105 - Abolition of International Forced Labor 01 February 1960, effective 12 Regulations - ILO Convention, 1957 C111 - Discrimination (Employment and 06 December 1960, effective Occupation) Convention, 1958 C138 - Minimum Age Convention, 1973 (N° 138), August 10, 1970, effective Specified Minimum Age: 14 C182 - Worst Forms of Child Labor November 13, 2002, effective Convention, 1999 MAS and its Environmental and 08 November 1945, effective Social Standards (EAS) 13 World Bank EAS 2 Environmental and Social Framework General Guidelines on Environment, Labor and Labor Conditions Health and Safety 64 Table 10 Philippine Rules on Safety and Health at Work ESS2 REQUIREMENTS IN Legal system OCCUPATIONAL SAFETY AND PH Regulations Contents HEALTH Every employer, contractor or subcontractor, if any, and any person who manages control or supervises the work being undertaken shall xxx allow workers and their safety and health RA 11058 representatives to participate actively in the process of organizing, planning, implementing and evaluating the program to improve the safety and health in the workplace; Identification of possible risks Every employer, contractor or subcontractor, for project workers, in if any, shall provide the workers adequate and particular life-threatening suitable information on the workplace ones. DOLE Department hazards and the risk posed on the safety and Order No. 198, s. health of the workers. 2018 Employee organization representative shall gather OSH related concerns/issues and elevate the same to the OSH Committee for discussion and appropriate action. CSC-DOH-DOLE For the public sector, establishment of a JMC 1, s. 2020 feedback mechanism which shall be utilized to enhance the OSH program Every employer, contractor or subcontractor, if any, and any person who manages control or supervises the work being undertaken shall xxx furnish the workers a place of employment free from hazardous conditions that are causing or are likely to cause death, illness or physical harm to the workers; inform the workers of the hazards associated with their work health risks involved or to which they are exposed to, preventive measures to eliminate or minimize the risks and steps to be taken in cases of emergency; RA 11058 use only approved devices and equipment for the workplace; comply with OSH Standards including training medical examination and where necessary provision of protective and safety devices such as PPE and machine Implementation of preventive guards. and protective measures, including the modification, Every worker shall participate in ensuring substitution or elimination of compliance with OSH Standards in the dangerous conditions or workplace. The worker shall make proper use substances. of all safeguards and safety devices furnished for the workers’ protection and that of others, and shall observe instructions to prevent 65 ESS2 REQUIREMENTS IN Legal system OCCUPATIONAL SAFETY AND PH Regulations Contents HEALTH accidents or imminent danger situation in workplace. Every employer, contractor or subcontractor, if any, shall provide his workers, free of charge, protective equipment for their eyes, face, hands and feet, and lifeline, safety belt or harness, gas or dust respirators or masks, and protective shields whenever necessary by reason of the hazardous work process or environment, chemical, radiological, mechanical and other irritants or hazards capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact. All PPE shall be of the appropriate type as tested and approved by the DOLE based on its standards. The usage of PPE in all establishments, projects sites and all other places where work is being undertaken shall be based on the evaluation and recommendation of the safety officer. DOLE Department All PPE must be of appropriate size, weight Order No. 198, s. and type to specific workers exposed to 2018 hazards from which PPE are meant to ensure effective protection. Issuance of PPE shall be supplemented by training on the application, use, handling, cleaning and maintenance of said PPE. All workers shall be provided access to training and education on chemical safety, electrical safety, mechanical safety, and ergonomical safety. Covered workplaces shall have a safety and health program including the following Training of project workers and guidelines or information: safety and health preparation of training records. promotion, training and education; conduct of RA 11058 toolbox meetings; among others. All workers shall undergo the mandatory 8 hours safety and health seminar as required by the DOLE which shall include a portion on joint employer-employee orientation. 66 ESS2 REQUIREMENTS IN Legal system OCCUPATIONAL SAFETY AND PH Regulations Contents HEALTH All personnel engaged in the operation, erection and dismantling of equipment and scaffolds, structural erections, excavations, blasting operations, demolition, confined spaces, hazardous chemicals, welding and flame cutting shall undergo specialized instructions and training on the said activities. All workers, including new hires, shall be provided training and information for all types of hazards in the workplace in a language and dialect that workers can understand. Training and information materials used shall be made readily available and accessible to workers. A re-orientation on safety and health for DOLE Department workers in high-risk establishments must be Order No. 198, s. conducted regularly, not less than once a 2018 quarter, and to be conducted immediately following any changes in the operations and production process. Appropriate training and certification by the TESDA, PRC or other government agency shall be a requirement for operators before use of equipment, if applicable. Employees shall participate in the OSH information and education program, trainings CSC-DOH-DOLE and other related initiatives of the agency to JMC 1, s. 2020 contribute to the improvement and sustainability of the same. The worker shall report to the supervisor any work hazard that may be discovered in the workplace. documentation of occupational accidents, illnesses and Covered workplaces shall have a safety and incidents, and the preparation health program including the following of the corresponding reports. guidelines or information: RA 11058 accident/incident/illness investigation, recording and reporting; among others. All employers, contractors or subcontractors, if any, shall submit all safety and health reports and notifications prescribed by the DOLE. All employers, contractors or subcontractors, Department Order in any, shall submit to DOLE all safety and No. 198, s. 2018 health records, and notifications such as but 67 ESS2 REQUIREMENTS IN Legal system OCCUPATIONAL SAFETY AND PH Regulations Contents HEALTH not limited to annual medical report (AMR), OSH committee report, employer’s work accident/injury report (WAIR), and annual work accident/injury exposure data report (AEDR) All work-related accidents, injuries or illnesses in the workplace, resulting to a disabling condition and/or dangerous occurrence must be periodically reported by the Human Resource Office of the respective government agency to the Safety and Health Committee copy furnished the Head of Agency. Where the accident/illness results in death or permanent total disability, a report must be submitted within 24 hours after its occurrence to the Safety and Health Committee and Head of Agency for appropriate action. The agency, through its Human Resource CSC-DOH-DOLE Office, shall maintain and keep an accident or JMC 1, s. 2020 illness record which shall be open at all times for inspection by authorized personnel which shall contain the following information: a) date of accident or illness; b) name of injured/ill employee, age and sexual orientation; c) occupation/position of the employee; d) cause of accident/illness; e) extent and nature of disability/injury; f) duration of disability/injury; g) extent of damage, including actual medical cost; h) corrective action/s on OSH related findings which caused illness/accidents to be undertaken or was undertaken. The agency through the Human Resource Office shall assist the employee for Employee Compensation claims with the GSIS. Every employer, contractor or subcontractor, if any, and any person who manages control or supervises the work being undertaken shall xxx provide, where necessary, for measures to Emergency prevention and deal with emergencies and accidents emergency preparedness and RA 11058 including first aid arrangements. response. The worker shall observe the prescribed steps to be taken in cases of emergency. 68 ESS2 REQUIREMENTS IN Legal system OCCUPATIONAL SAFETY AND PH Regulations Contents HEALTH Covered workplaces shall have a safety and health program including the following guidelines or information: emergency preparedness and response plan; among others. For the public sector, it provides for emergency preparedness, including the establishment of a risk reduction management system, training on disaster risk reduction management, provision of CSC-DOH-DOLE emergency supplies, use of duly certified first- JMC 1, s. 2020 aiders, and a MOA with the nearest government health facility. Heads of government agencies where the JO or COS employees are deployed shall only provide medical assistance in case of emergency. A worker may file claims for compensation benefit arising out of work-related disability or death. Such claims shall be processed independently of the finding of fault, gross negligence or bad faith of the employer in a proceeding instituted for the purpose. RA 11058 If stoppage of work due to imminent danger occurs as a result of the employer’s violation or fault, the employer shall pay the workers concerned their wages during the period of such stoppage of work or suspension of operations. Any employee or representative of employees Repair of adverse impacts such or any concerned person who believes that a as occupational injuries, violation of any of the provision of the deaths, disability or illness. standards threatens physical wellbeing, harm or poses imminent danger to life, may submit a request to address the issue/concern along CSC-DOH-DOLE with a narrative report regarding the JMC 1, s. 2020 violations to the agency Grievance Committee. If the Grievance Committee finds a reasonable ground that a violation has been committed or a danger exists, an immediate inspection or investigation shall be conducted. Covered workplaces shall have a safety and health program including the following 69 ESS2 REQUIREMENTS IN Legal system OCCUPATIONAL SAFETY AND PH Regulations Contents HEALTH All parties hiring project guidelines or information: statement of workers will develop and commitment to comply with OSH standards; implement procedures to RA 11058 general safety and health, including a drug- establish and maintain a safe free workplace; HIV and work environment, including AIDS/tuberculosis/hepatitis prevention and verifying that workplaces, control; OSH personnel and facilities; machinery, equipment, and provision and use of PPE; provision of safety processes under their control signage; dust control and management and are safe and do not pose regulations on activities such as building of hazards to health, including the temporary structures, and lifting and use of appropriate measures operation of electrical, mechanical, relating to chemical, physical communication systems and other and biological agents and equipment; provision of workers’ welfare substances. facilities; among others. Covered workplaces shall develop and implement a suitable OSH program in a format prescribed by the DOLE which shall be posted in prominent places. The DOLE shall prescribe a formal that should be accomplished by the employer, contractor or subcontractor, if any, in consultation with the workers and their representatives. DOLE Department Order No. 198, s. The OSH Program shall be communicated and 2018 DOLE be made readily available to all persons in the Department Order workplace. No. 198, s. 2018 The establishment shall ensure that the core elements of OSH program are integrated in the company OSH program such as management commitment and employee involvement, workplace risk assessment, hazard prevention and control, safety and health training and education and Osh program evaluation. For the public sector, it requires the establishment of minimum OSH Program. Agency heads shall ensure comprehensive dissemination of OSH information through a CSC-DOH-DOLE communication plan which includes the JMC 1, s. 2020 publication of pertinent OSH information in the agency website and other communication materials and the establishment of a feedback mechanism which shall be utilized to enhance the OSH program. 70 ESS2 REQUIREMENTS IN Legal system OCCUPATIONAL SAFETY AND PH Regulations Contents HEALTH The worker shall report to the supervisor any work hazard that may be discovered in the workplace. Workers and their representatives shall have the right to report accidents, dangerous occurrences, and hazards to the employer, to the DOLE and other concerned government agencies. RA 11058 The worker has the right of refusal to work without threat or reprisal from the employee Processes will be established in if as determined by the DOLE, and imminent the workplace for project danger situation exists in the workplace that workers to report work may result in illness, injury or death, and situations that they consider corrective actions to eliminate the danger unsafe or unhealthy, and for have not been undertaken by the employer. them to withdraw from a work situation that they consider, Reporting of accidents to DOLE may be made with reasonable justification, DOLE Department through any means of communication, to present an imminent or Order No. 198, s. including the DOLE hotline, whichever is most serious danger to them, their 2018 DOLE convenient to the worker. The same may be life or their health. Department Order reported to the nearest DOLE Regional, Field, No. 198, s. 2018 Provincial or Satellite Office having jurisdiction over the place of the incident. Employees shall report OSH related illness and accidents to the Management in order for the latter to act and provide the necessary CSC-DOH-DOLE intervention. JMC 1, s. 2020 Government employees must report to the Safety and Health Committee any work hazard that may be observed in the workplace. All establishments, projects, sites and all other places where work is being undertaken shall have the following welfare facilities in order to ensure humane working conditions: Project workers will be offered adequate supply of safe drinking water; facilities appropriate to the adequate sanitary and washing facilities; circumstances of their work, suitable living accommodation for workers, as including access to canteens, may be applicable; and separate sanitary, hygiene facilities, and RA 11058 washing and sleeping facilities for men and appropriate rest areas. women workers as may be applicable. In relation to the use of equipment, the employer, contractor or subcontractor, if any, must comply with the DOLE requirements in the different phases of the company or 71 ESS2 REQUIREMENTS IN Legal system OCCUPATIONAL SAFETY AND PH Regulations Contents HEALTH project operation including the transport to and from the establishment, project, site or place where work is being undertaken. Covered workplaces shall have qualified occupational health personnel such as certified first-aiders, nurses, dentists, and physicians duly complemented with the required medical supplies, equipment and facilities. The employer may not establish and hospital or dental clinic in the workplace where there is a hospital or dental clinic which is located not more than 5 kms away from the workplace, accessible in not more than 25 minutes travel time, and the employer has DOLE Department facilities readily available for transporting Order No. 198, s. workers to the hospital or dental clinics in 2018 DOLE case of emergency. Department Order No. 198, s. 2018 All establishments, projects, sites and all other places where work is being undertaken shall have the following free welfare facilities: adequate supply of safe drinking water; adequate sanitary and washing facilities; suitable living accommodation for workers, as may be applicable; and separate sanitary, washing and sleeping facilities for all gender as may be applicable; lactation station except those establishments as provided for under DOLE DO NO. 143-15; ramps, railings and the like; and other workers’ welfare facilities as may be prescribed by the OSH standards and other issuances. For public sector, support facilities shall be provided including, facilities to promote health and wellness; work assignments and good working atmosphere for pregnant women, older employees, differently abled CSC-DOH-DOLE and those with limited working abilities; and JMC 1, s. 2020 provision for lactation stations. The institutional contractors must ensure that their employees deployed in government agencies are provided with medical coverage. 72 Annex 2: Sample Grievance Reporting Form for Workers Table 11 Sample grievance reporting form RECEIPT FORM N ° __ Indicate Name of the Executing Unit: Indicate Project Name: REGISTRATION OF THE GRIEVANCE Date and time received Place received Name Party receiving it Position a) Verbal b) Telephone Letter (Registration N°. assigned) Means of reception a) Written E-mail: d) Office providing Permanent Attention e) [Indicate other means] I. PERSONAL DATA Does the person want to identify itself? Otherwise Yes No Name and surnames Address District Telephone E-mail [Add other information] II. INFORMATION ABOUT THE CASE 2.1 Type of case a. Grievance c. Query b. Claim d. Other 2.2 Subject of the case 2.3 Details of the grievance a. [Indicate topic.] b. [Indicate topic] 2.4. Request concerning the (indicate) grievance (indicate) 2.5 Documentation provided by the complainant (reports, photographs, (indicate) among others) (indicate) III. ADDITIONAL REMARKS 73 Name of the person responsible for case Name of the party presenting grievance Position Signature Position Signature The information contained in this form has been provided voluntarily and authorized by the above signer. The institution guarantees the confidentiality of the information registered and its use for the corresponding purposes. Note: A copy of this form is given to the person who filed the complaint. 74 Annex 3: List of Common Occupational Risks Table 12 List of Common Occupational Risks Risk of eye damage due exposure to to exposure to existing laser light Falls utilities, e.g. during cable different Fall of Tread Electric Falls Fire aerial or connection N° POSITION level (from objects or Blows on al same level hazard buried high and inspection working at landslides objects hazard voltage activities, heights) transmission minute or lines microscopic glass fiber shards 1 [Operations Manager] x x x x x 2 [Resident Engineer] x x x x x 3 [Project Chief] x x x x x 4 [Site Administrator] x x x x x 5 [Constructor] x x x x x x x x x 6 [Architect] x x x x x 7 [Site Manager] x x x x x 8 [skilled laborer working on site] x x x x x x x 75 Annex 4: Labor Risk Reporting Template Table 13 Labor Risk Management Reporting Template Offense Offending Committed company Date of Corrective N° Risk Sanction Follow-up – or infraction measures Detail institution [Sexual 1 Harassment] 2 [Discrimination] [Denaturalization 3 of Contract] [Others: (Place as 4 identified in the Project)] 76 Annex 5: Code of Conduct The minimum content of the Code of Conduct of the different parties involved in the Project that have workers covered by the Labor Management Procedure - LMP must include the following elements: I. INTRODUCTION DICT is in charge of executing the Philippines Digital Development Project, that is financed with resources from the World Bank, under its standards and approved policies. The DICT is the management document designed to treat risk situations and adverse impacts, related to labor and working conditions that arise around the Investment Project. This code is compatible with the specific environmental and social guidelines required of entities that carry out investment projects supported with World Bank financing. This labor management instrument complies with the commitment to develop the minimum concepts aimed at regulating the behavior required of workers and people linked to the execution of the Project, promoting an inclusive, respectful and equal treatment of workers among themselves, as well as with the community. Our workplace is an environment where unsafe, offensive, abusive, or violent behavior will not be tolerated and where everyone should feel comfortable raising issues or concerns without fear of retaliation. II. SCOPE The Code of Conduct is applicable to all workers of the Project up to the highest level and, without exception, to all workers of the contractor (work executor); supervisor workers, subcontractor workers and / or personnel hired by them related to the Project, either with or without a dependency relationship. The contractor, the supervisor and the work subcontractors are obliged to comply with the guidelines and procedures contained in this document, as well as to inform all their personnel, having to deliver the corresponding copy with the reception charge. The contractor and the supervisor are obliged to include in the contracts they sign with the subcontractors the clause of subjection to the Code of Conduct. III. DESCRIPTION OF THE PROJECT WORKERS Project workers consist of direct workers, contracted workers, and workers of primary suppliers, as defined in the Labor Management Procedures of the Project. IV. CONDUCT GUIDELINES 77 All workers on the Project contribute to generating positive labor relations through fair, dignified, inclusive, tolerant and equal treatment in the workplace, work site or public spaces related to the Project. They are obliged to the following: 1. Perform their duties with competence and diligence; 2. Comply with this Code of Conduct and with all applicable laws, regulations and other requirements, including requirements to protect the health, safety and welfare of other contractor personnel and any other person; 3. Maintain a safe work environment, taking into consideration the following: a. Ensure that workplaces, machinery, equipment and processes under the control of each person are safe and without health risks; b. Wear the required personal protective equipment; c. Use appropriate measures in relation to chemical, physical and biological substances and agents; and d. Follow applicable emergency operating procedures. 4. Report work situations that are not safe or healthy and move away from a work situation that is reasonably considered to present an imminent and serious danger to their life or health; 5. Treat other people with respect and not discriminate against specific groups such as women, people with disabilities, migrant workers or children; 6. Not engage in any form of sexual harassment, including unwelcomed sexual advances, requests for sexual favors, and other unwanted verbal or physical conduct of a sexual nature with another Contractor or Employee Personnel; 7. Not engage in sexual exploitation, which means any actual abuse or attempted abuse of someone in a vulnerable situation or anyone for sexual purposes; 8. Do not engage in sexual assault or harassment, which means any form of non-consensual sexual contact that does not result in or include penetration. Examples include: attempted rape, as well as unwanted kissing, fondling, or touching the genitals, breasts and buttocks; not engaging in any form of sexual activity with persons under the age of 18, except in the case of a pre-existing marriage; 9. Complete the relevant training courses to be taught in relation to the environmental and social aspects of the Contract, including those related to health and safety, sexual exploitation and sexual assault; 10. Report violations of this Code of Conduct; and 11. Not to retaliate against anyone who reports violations of this Code of Conduct or who makes use of the Grievance Mechanism for workplace complaints and claims. V. CASE REPORTING If anyone observes behavior that it is believed that may represent a violation of this Code of Conduct, or that may be a case for concern, this matter should be raised as soon as possible. This can be done in any of the following ways: 1. Contact [write the name of the Contractor's Social Expert with relevant experience in handling gender-based violence, or if such person is not required under the Contract, another person designated by the Contractor to handle these matters] by writing [indicate address] or by telephone [indicate telephone number] 78 2. [indicate other contact information] The identity of the person will be kept confidential. Anonymous complaints or allegations may also be made and given all due and appropriate consideration. [Indicate name of the Executing Unit] will take seriously all reports of possible misconduct, will investigate and take the appropriate measures. There will be no retaliation against anyone who in good faith raises a concern about any behavior prohibited by this Code of Conduct. Such retaliation would constitute a violation of this Code of Conduct. VI. CONSEQUENCES OF VIOLATION OF THE CODE OF CONDUCT Any violation of this Code of Conduct by Contractor Personnel can have serious consequences, including termination and possible referral to legal authorities. VII. FOR THE STAFF OF DICT I have received a copy of this Code of Conduct written in a language that I understand. I understand that, if I have any questions about this Code of Conduct, I can contact [Indicate the name of the contact person of the Executing Unit, with relevant experience in the management of gender- based violence] requesting an explanation. 79 Name of the worker of the Executing Unit: [Insert name] Signature: __________________________________ Date (day / month / Year): _____________________ Name of the representative of the Executing Unit: [Insert name] Signature: ___________________________________ Date (day / month / year): _____________________ Annex 6: Labor Section Clause for Contractors for the Execution and Supervision of Work CLAUSE [___] .- LABOR SECTION: COMPLIANCE WITH LABOR MANAGEMENT PROCEDURES AND LABOR PARTNER OBLIGATIONS: This contract is executed under the standards, conditions, guidelines and normative policies of the WORLD BANK, in accordance with the provisions of the “Loan Agreement” signed with the Republic of the Philippines. According to these parameters, THE CONTRACTOR carries out its activities subject to compliance with the obligations of a social-labor nature that will be demanded by DICT and the Philippine Government, according to the following specifications: 1. The Labor Management Procedures - LMP and its Annexes is applicable to THE CONTRACTOR, which is an integral part of this contract: a. THE CONTRACTOR shall comply with the provisions, conditions, rights and duties, according to the terms, manner, form and opportunity established under applicable Philippine laws. It must have an approved OHS Program, otherwise the OSH Program will apply and that the CONTRACTOR shall i) carry out occupational medical evaluations to personnel at the beginning, during, and at the end of the employment relationship; ii) equip the personnel on site with the respective materials, tools, supplies and uniforms, as well as the clothing and personal protective and safety equipment necessary for the provision of the service, where applicable; and iii) prepare an occupational health and safety plan consistent with the LMP and the regulations applicable to the Project, the World Bank Group General Guidelines On Environment, Health And Safety and the World Bank environmental and social standards. b. THE CONTRACTOR shall carry out its actions on labor matters in a manner consistent with the provisions of ESS 2, referring to labor and working conditions and the General Guidelines on Environment, Health and Safety of the World Bank Group. To do this, the contractor must prepare his own LMP document, consistent with this LMP document. The child labor and any form of forced labor are prohibited. The contractor will adopt a gender perspective to promote the employment of women and will keep records disaggregated by sex and disability status of its workers. c. THE CONTRACTOR will comply with the formalities, contracting procedures, conditions, recognition and payment of labor benefits in a timely manner, according to the corresponding labor regime regarding the activity. This includes, but is not limited to: registration with the Social Security System, PhilHealth, and making payments for withholdings and contributions by law, which includes Annual Income Tax Return. It will assume the payment of any sanction or fine that could be applied to DICT for the economic breach of the labor, social insurance, and / or tax obligations of the personnel it hires. d. THE CONTRACTOR shall comply with minimum quotas for hiring unskilled labor, which includes hiring at least [_] % of local labor and the hiring of women. 81 e. THE CONTRACTOR shall submit a statement on sexual exploitation and abuse, as part of its bidding documents, following the defined World Bank formats, included as part of the bidding documents. 2. THE CONTRACTOR shall designate a responsible Coordinator who will be in charge of managing and coordinating with the DICT, all matters concerning the labor requirements developed in this clause. 3. THE CONTRACTOR is obliged to apply, inform and enforce the Code of Conduct that is an integral part of this contract. This is applicable to the personnel who are hired, whether they are employees or not, for the immediate adoption of respectful behaviors inside or outside the work execution area, avoiding, rejecting and sanctioning all discriminatory acts, violence, harassment hostility / or intimidation, whether verbal, physical and / or psychological, against citizens and the general population, demanding respectful, tolerant, inclusive and equal treatment towards society, especially towards women, immigrant foreigners, people with disabilities, the LGBTQI population, and sex workers, among others. 4. THE CONTRACTOR shall comply with the visitorial or inspection requirements of DICT, providing: i) information requirements, ii) document review, iii) ocular inspection, iv) record of the occurrence of the visit, and v) training and awareness campaigns. The CONTRACTOR must sign the documents (minutes and / or records) that record the actions carried out in order to verify compliance with the obligations assumed in this contract, in accordance with the “Labor Management Procedures and its Annexes”. 5. THE CONTRACTOR must have the manual of internal mechanism that establishes the procedure for handling requests, complaints and grievances from its workers. This manual will include a specific mechanism to receive complaints about labor issues, according to the structure of the Complaints and Grievances Redress Mechanism established in the LMP, and they must inform workers, whether they are employees or not, by delivering and receiving the said document. The responsible coordinator must be designated and formally communicated to DICT. 6. THE CONTRACTOR shall incorporate in the contracts that it signs with the subcontractors and / or third parties that it hires for the purposes of executing this contract, as well as with the subcontractor and primary purveyors, the clause of subjection to the guidelines of the “Labor Management Procedures and its Annexes”, and in a manner consistent with the World Bank Group General Guidelines on Environment, Health and Safety. 82 Annex 7: Management of Workers’ Camps The Project will require the setting up of workers’ camps along the roadside or the transmission lines where new Fiber Optic Cables are laid, or transmission towers are constructed. At this point it is not known where the workers’ camps will need to be established. The following management considerations should be included into the construction companies’ contracts and should be monitored by the PIU. Workers’ Camp and Site Installation Requirement. Potential sites of workers’ camps will be discussed with and proposed by local communities and authorities during consultations. Construction camp sites will have to be approved by local authorities and agreed with local communities prior to their establishment. If additional camps and ancillary construction sites are selected, for following criteria must be used: ● Construction/installation sites, which include concrete mixing stations and asphalt stations as well as construction camps will minimize land occupation. ● Site offices shall be located at least 200 meters from any existing residential settlement camp facilities should not be located in steep slopes. ● Site offices, camps must be located at least 100 meters from any watercourses and be operated so that no pollutants enter the watercourses. Camp areas shall be located to allow effective natural drainage. ● All workers’ camps shall be zoned according to their use. For example, workers’ camp zone, sanitary facilities, offices, etc. ● The workforce shall be provided with safe, suitable and comfortable accommodations. They have to be maintained in clean and sanitary conditions. ● In every site, adequate and suitable facilities for washing clothes and utensils shall be provided and maintained for the use of contract labor employed therein. ● Potable water for human consumption shall be provided for at camps, site offices, and other areas. ● Consideration of use of rainwater where feasible, Avoiding contamination of fresh water sources. ● Drainage, wastewater treatment and solid waste disposal of the construction site shall follow national regulations and the mitigation measures presented in the Contractor’s Waste Management Plan. ● Firefighting equipment, fire extinguishers shall be available at every camp. ● Sanitary Facilities In every camp site should be separate and adequate lavatory facilities (toilets and washing areas) shall be provided for the use of male and female workers. Toilet facilities should also be provided with adequate supplies running water, soap, and toilet paper. Such facilities shall be conveniently accessible and shall be kept in clean and hygienic conditions. ● Where workers of both sexes are employed, there shall be displayed outside each block of latrine and urinal, a notice in the language understood by the majority of the workers “For Men Only” or “For Women Only” as the case may be. ● Sanitary arrangements, latrines and urinals shall be provided in every workplace on the following scale: Where female workers are employed, there shall be at least one latrine for every 25 females or part thereof; Where males are employed, there shall be at least one latrine for every 25 males or part thereof. ● At every construction camp, there must be at least one mobile septic tank. The wastewater from the tank shall not be discharged into any watercourses. The wastewater shall be periodically transported away by a water tank to the nearest treatment plant. ● Sewage tanks shall be designed and installed by the Contractor(s) in accordance with the National Design Code for construction of camps. ● Medical Facilities. A medical and first aid kit, medicine cabinets, condoms, etc., emergency phone number, phone number of the person in charge of safety, chief construction 83 supervision engineer, hotline shall be provided at each camp area. All consumables in the first aid kit should be checked and recharged regularly. ● Firefighting equipment. Fire-extinguishers must be provided and setup the safety instructions on fire prevention and emergency phone number at the site office, camp. ● A supervised leisure area should be provided in the workers’ camp. ● A suitable area for people to eat their food in the places where the Project is executed should be provided and the area should be kept clean. ● Avoidance of deforestation around camp area. Further measures for the avoidance of environmental and social risks include: ● Introduction of sanctions for workers involved in criminal activities. ● Only wood from legal commercial sources to be used on the project. ● Use of wood for fuel is prohibited. 84 Annex 8: SEA/SH Rating of Project 85