From Core To Periphery
From Core To Periphery
From Core To Periphery
Recent Developments
in Employment Relations in the Philippines
* The authors’ affiliations are, respectively, the UCLA Anderson School of Management, the Cornell
School of Industrial and Labor Relations, the University of the Philippines School of Labor and Industrial
Relations, and the Employers Confederation of the Philippines. E-mail: [email protected],
[email protected], [email protected], and [email protected]. We thank Emily Lau, Faye Casem,
and Irish Erro for excellent research assistance.
I R, Vol. 42, No. 3 (July 2003). © 2003 Regents of the University of California
Published by Blackwell Publishing, Inc., 350 Main Street, Malden, MA 02148, USA, and 9600 Garsington
Road, Oxford, OX4 2DQ, UK.
368
Recent Developments in Employment Relations in the Philippines / 369
and the recent regional economic crisis, factors that have affected the Phi-
lippines to a great extent, given that it is one of the more open economies
in Southeast Asia.
We argue that the sharpening of the competitive environment as a
function of greater internationalization of markets has negatively affected
the workforce in the Philippines. The primary evidence cited in support of
this proposition includes the growing percentage of workers who are leaving
formal-sector employment for the informal sector through subcontracting and
casualization and stagnation in real wages despite overall economic growth.
We examine employment relations practices in a number of key industries
and firms with the objective of understanding the mechanisms by which
these effects of economic integration are generated (summarizing the
findings from Kuruvilla et al. 2000). We will take a detailed look at how
employment relations are changing and attempt to understand why they are
changing. We also will look at institutions in the labor market that tradi-
tionally work to protect workers (government policy and trade unions) and
examine why these institutions have worked or not worked.
We find that while some firms are pursuing functional flexibility and
more cooperative employment relations,1 the logic of competition primarily
has induced firms to adopt practices that promote numerical flexibility: cut
labor, restructure their business, and subcontract such that a core-periphery
workforce is created; otherwise cut labor costs and pursue anti-union pol-
icies. The imperative to restructure the activities of firms has come from a
number of directions, notably increasing competition from neighboring
countries, the ratification of various international standards and conven-
tions, and the lower productivity in some sectors relative to other ASEAN
countries, coupled with the gradual erosion in the competitive advantage
coming from lower labor costs. One of the most pervasive forms of numer-
ical flexibility is labor-only contracting, the prevalence of which has grown
in recent years despite its being formally illegal.2 In addition, the regional
economic crisis in Asia has only accelerated these trends (see Erickson and
Kuruvilla 1998; Esguerra et al. 1999; Legardo and Ortiz 2000).
We argue that the labor movement in the Philippines has been hampered
in its efforts to effectively counter employer strategies by its low density, its
1
For example, changes in work organization and the work process, investments in training and skills
development, performance-based pay, and enhancing worker involvement in production decisions.
2
The nonpermissible hiring of workers through agencies is popularly called labor-only contracting,
which is defined as follows: when a subcontractor does not have substantial capital or investment in the
form of machinery or equipment but recruits workers in the name of the subcontractor to do work that
is directly related to the principal business or operations of the employer in which workers are habitually
employed.
370 / CHRISTOPHER L. ERICKSON ET AL.
3
For an historical account of U.S. involvement in the Philippines, see Karnow (1989).
Recent Developments in Employment Relations in the Philippines / 371
TABLE 1
A A G R GNP, 1946–2000
Year GNP
1946 –1950 17.2
1951–1955 9.3
1956 –1960 5.0
1961–1965 5.5
1966 –1970 4.8
1971–1975 6.5
1976 –1980 6.3
1981–1985 −1.7
1986 –1990 5.4
1991–1995 2.9
1996 –2000 2.8
S: NEDA statistical compilations.
status within the framework of U.S. colonial rule. A key early part of the
system was establishment of the Court of Industrial Relations (CIR), which
was mandated to compulsorily hear both industrial and agrarian disputes.
Following the Japanese occupation during World War II, the Philippines
gained independence. Table 1 provides gross national product (GNP) growth
rates for the various stages of Philippines development since World War II,
and Table 2 provides unemployment rates and wages since 1970.
Economic growth was high in the immediate postwar period due to the
extensive rebuilding after the war (Manila was considered the second most
damaged capital after Warsaw). This was a period of import-substitution
industrialization: Import and foreign-exchange controls were instituted, and
industries imported semifinished products and industrial parts for local
assembly and distribution. There also was a rise in industrial disputes dur-
ing the immediate postwar period; to deal with these disputes, the state
passed the cornerstone of Philippine IR legislation, the Industrial Peace Act
of 1953, based largely on the NLRA in the United States and designed to
promote bilateral collective bargaining.
A balance-of-payments crisis emerged in the late 1950s, which was
addressed by applying an International Monetary Fund (IMF) stabilization
program for the first time: currency devaluation, export orientation, and
removal of import and foreign-exchange controls. However, a high tariff
system also was instituted. In the early 1960s, the Philippines was widely
considered to be the second most developed country in Asia, after Japan. And
while not spectacular, growth continued through the 1960s (see Table 1).
The export-oriented industrialization strategy intensified in the 1970s.
This strategy, which was influenced heavily by World Bank structural
372 / CHRISTOPHER L. ERICKSON ET AL.
TABLE 2
U R W
4
Note, however, that this mechanistic view of export-oriented industrialization covers a complex
range of investment and exports in the Philippines. There are many industries and firms that have
deepened their investment in manufacturing to produce more higher-quality, skill-intensive, value-added
products, (e.g., both the electronics and garment industries are more skill-intensive now than previ-
ously). Yet the majority of firms continue to capitalize on the low-wage aspect given the fact that this
is the aspect that management has relative control over (compared with other costs of business such as
power rates, shipping costs, etc.).
374 / CHRISTOPHER L. ERICKSON ET AL.
TABLE 4
SELECTED LABOR FORCE STATISTICS, 1998 –2000 (IN THOUSANDS AND PERCENTAGES)
Selected Variables April 1998 April 1999 April 2000
Labor force (£000) 32,111 33,444 32,874
Class of worker (percent)
Wage and salary 49.4 48.2 50.6
Own account 37.2 36.6 37.4
Unpaid family workers 13.4 15.1 12
Industry (percent)
Agriculture 37.5 41.0 37.3
Industrial
Mining and quarrying 0.5 0.4 0.4
Manufacturing 10.2 9.4 9.7
Electricity, gas, and water 0.5 0.5 0.5
Construction 6.1 5.4 5.5
Services
Wholesale and retail 15.9 15.4 16.4
Transportation 6.7 6.5 7
Financing 2.4 2.4 2.6
Community 20.2 19.0 20.6
Unemployment rate 13.3 11.8 13.9
Underemployment rate 21.0 22.7 25.1
S: National Statistics Office.
The Structure of the Philippine Labor Force. Table 4 shows the basic
structure of the Philippine labor force, and Table 5 presents sectoral employ-
ment shares for selected Asian countries. As the tables suggest, much of the
workforce is engaged in services and agriculture. While the economic devel-
opment strategy is predicated on attracting foreign direct investment
in manufacturing for exports (see above), the share of manufacturing in
terms of employment has not increased appreciably in recent years, and the
share in “industry” is now below many other Asian nations (see Table 5).
5
ECOP is composed of 600 corporations and 56 industry associations and chambers of commerce.
Philexport has more than 2000 members, which are majority small to medium-sized enterprises. PCCI
has more than 100,000 direct and indirect members.
Recent Developments in Employment Relations in the Philippines / 377
TABLE 5
E S S A C:
P S 1980, 1990, 1998
Agriculture Industry Services
6
Note as well that the OFW phenomenon can operate as a peculiar type of “automatic stabilizer”
during times of crisis. For example, when the peso plunged with the other Southeast Asian currencies
in the late 1990s, the value in pesos of a given remittance from dollars or yen nearly doubled.
7
Ofreneo and Fernando (1993).
378 / CHRISTOPHER L. ERICKSON ET AL.
TABLE 6
P E H T/C L S P,
E S, 1990
TABLE 7
A P E S
1. Percent share of establishments with subcontractors
1994 21.0%
1995 24.1%
2. Distribution of subcontractors
Companies 82.0%
Individuals 15.0%
3. Jobs contracted
Security services 34.4%
Maintenance/janitorial 22.6%
Production process 32.2%
4. Subcontracting by industry
Manufacturing 35.3%
Trade 13.3%
Services 13.0%
5. Number of subcontractors/establishment
Manufacturing: 3 per firm
6. Subcontracting by type of firm
Export-oriented firms 40.7%
Non-export-oriented firms 21.0%
7. Subcontracting by ownership
Foreign firms 43.0%
Domestic firms 21.0%
382 /
F C S
CHRISTOPHER L. ERICKSON
Industry Competition Competition Steadily growing Steady growth, Deregulated Domestic market
features increases as MNCs increases as a market for autos, foreign-dominated, industry, stable focus, industry
enter the market. function of and sharp increase largest exporter markets, but characterized by
The Montreal deregulation in the players in of the Philippines. unstable raw low yields and low
protocol forces in 1994. the market, leading material costs productivity, ravaged
restructuring. to intensive (oil prices). by E1 Nino.
competition.
(Number) and (1) Largest firm (2) Premier (3) The oldest, (3) High-end firm (1) The largest (1) Largest refiner of
features of with 56% market banks, the (Mitsubishi), the that is “best oil firm in the sugar, but cost of
firms studied share that is largest most successful company to work Philippines, has production higher
declining. recently (Toyota), and a for” and two other been recently than imported sugar.
ET AL.
privatized. domestically firms. privatized.
owned firm.
IR/HR Greenfield strategy. Restructuring Rationalization Nonunion high- Major Restructuring to cut
strategy to cut costs, and restructuring. performance organizational refining costs.
redeployment. workplace and work
practice at high- restructuring.
end firms.
Work Movement from Movement Mitsubishi follows Autonomous Continuous-process Continuous
organization Tayloristic to toward team- more Tayloristic teams at industry. process industry,
changes team-based. based work, systems, while high end, multiskilling
slower in the Toyota follows Tayloristic at common, reducing
erstwhile team-based low end. job classifications.
public-sector production systems.
bank.
TABLE 8
C
/ 383
384 / CHRISTOPHER L. ERICKSON ET AL.
U.S.-style HR practices. However, the electronics industry all over Asia has had
a strong history of benchmarking with leading firms, and as such, their HR
practices tend to be rather similar as long as the technology used is similar.
The other example is a more “global” strategy where there is a mix of
foreign and domestic practices. We can see this in the Japanese-owned auto-
mobile industry in particular. For instance, while Toyota has introduced its
HR practices in the Philippines, Mitsubishi Motors Philippines tends to
have developed more localized IR and HR practices. Both, however, have
their fair share of labor disputes elevated not only to the Office of the
Secretary of Labor but also to the higher courts.
There is also a pressure to shift from traditional paternalism to more
professional management; here benchmarking is not with multinational
corporations but with any professional management.
One additional recent initiative that shows some progress is the gradually
increasing adoption of labor-management councils, resembling European
works councils, introduced by employers with government encouragement
but with limited union acceptance (Gatchalian 2000). Although it has
become fashionable to have a labor-management council (and all the com-
panies that we studied have one in force), there has been until now no
systematic evaluation regarding whether they are effective in promoting
collaboration. In most cases, the subjects for discussion at the councils are
those on which the CBA is silent, and they tend to focus on noncontrover-
sial issues such as worker welfare rather than bargainable issues.
Thus the first major trend is toward functional flexibility and the
introduction of new and modern types of HR practices, such as teamwork,
multiskilling, flexible compensation, and more cooperative labor-management
relations [Aganon (1995), Amante (1997), Ofreneo and Ortiz (1998), and
PMAP (1995) also provide evidence of this trend]. In particular, methods to
improve labor-management relations and, in nonunion companies, employee
relations through communication and labor-management councils are the
norm in this group of companies and industries.8
The second major trend has involves restructuring toward increased
numerical flexibility through four main channels: layoffs, casualization,
increased subcontracting, and labor-only contracting [Aguilar (1990), Amante
(1995, 2000), Barranco-Fernando (1994 –1995), Ofreneo and Fernando
(1994), Ofreneo and Ortiz (1998), and Windell and Standing (1991) also
8
It is important to note that another side to this is the policy of union avoidance because companies
are using the old-fashioned strategy of using progressive HR practices to keep union organization at
bay. It is hard to make the claim that any one approach dominates. In general, the nature of the industry
and the competitive strategy of the firm make the biggest differences.
Recent Developments in Employment Relations in the Philippines / 385
provide evidence of this trend]. This restructuring helps to explain the over-
all GNP growth, particularly in manufacturing, despite the minimal growth
of employment in manufacturing (see Tables 1 and 4).
With regard to casualization, a growing number of IR/HR managers are
now conscious of the fact that they can easily divide the workforce into
two—the skilled, technical, managerial, and professional staff, whose loyalty
the company wants to develop and who are the object of various training
and other HR development investments of the company, and the semiskilled
and unskilled workforce, whose tenure can be kept casual and whose per-
formance can be controlled through further segmentation of the work process.
Under Philippine laws, a probationary worker can be regularized once
he or she completes 6 months of work. A casual worker, on other hand, is
defined as an employee hired to do work that is not regular and necessary
for the business, meaning tangential or odd types of work such as messen-
gerial services. However, a casual worker can apply for regularization once
he or she has rendered 1 year of service, even if the year is broken.
In practice, however, many companies simply hire casual or contractual
workers for only 6 months and do not bother to make any distinction
between regular and nonregular work. This is also true in the case of workers
under labor contracting arrangements, a practice that has been the subject
of acrimonious union-employer debates in the various tripartite forums
during the regional economic crisis. And many companies avoid legal
problems through the recruitment of “trainees” who are not deemed to be
regular but who, in fact, work for long periods.
Thus there is a clear trend toward the creation of a core and periphery
divide in the workforce. The core workers are those who have permanent
employment, are the recipients of training and other investments in HR devel-
opment, and are being upskilled continuously. The periphery is increasing,
however, and casualization takes several forms: hiring workers through agencies,
direct hiring of casuals, and maintaining the workforce as probationaries or
temporaries for as long as possible. Some companies also subcontract work
that traditionally was done inside the company. In the process of increasing
casualization and subcontracting, there are many instances where there are
violations of existing labor law (Aguilar 1990). Most important, the absence
of legislative support for this growing pool of workers is a significant issue.
9
There are about 35 export processing zones in the Philippines. Some of these export processing
zones are administered by the Philippine Economic Zone Authority (state-owned), whereas others are
special export processing zones managed privately. The contribution of export processing zones to
exports is large and growing, from 4.6 percent in 1984 to 25 percent in 1996. The prevalent method of
avoiding unionization is through selective hiring and employer/government intimidation of unions.
Clearly, what motivates these policies is the justification of economic development. And most often zone
administrators view unions as significant deterrents to the attraction of foreign investors.
Recent Developments in Employment Relations in the Philippines / 387
TABLE 9
S L
Year Strikes/Lockouts
1970 104
1976 91
1980 62
1985 371
1986 581
1987 436
1988 267
1989 197
1990 183
1991 182
1992 136
1993 122
1994 93
1995 94
1996 89
1997 93
1998 92
1999 58
2000 66
SOURCE: National Conciliation and Mediation Board (NCMB), Department of labor and Employment (DOLE).
The economic crisis has acted as an important lever in reducing the milit-
ancy of unions at the industry or firm level because it has created a climate
where unions see the movement to cut costs as inevitable. There have been
two types of effects here. On the one hand, it has driven unions to be more
acquiescent in their approach to workforce reduction. This also has coin-
cided with employer initiatives in some sectors and firms to develop more
collaborative labor-management relations. Note the historically low level of
strikes, even during the economic crisis (Table 9). On the other hand, it has
made many unions and workers bitter about the companies, resulting in a
few highly contentious and visible strikes, such as the actions of the unions
at Philippine Airlines in 1998 over job security (Ofreneo 2000).
Since the l997 Asian economic crisis, the most strike-prone industries
were the transport industry, utilities, and the hotel industry—industries where
investors, unlike in light manufacturing, cannot pack up and seek invest-
ment areas elsewhere in Asia. However, even in these industries where past
strikes usually were settled in favor of the workers, the trend is not in favor
of the unions. More and more, employers are willing to slug it out with the
unions and shut down operations, temporarily or permanently, if necessary
because of what happened in the case of Philippine Airlines and, more
recently, the private operator of the Light Railway Transit.
388 / CHRISTOPHER L. ERICKSON ET AL.
In manufacturing, the situation is even more dire for unions. Not only
were there numerous cases in the past of companies closing down opera-
tions permanently in response to strikes, e.g., Mattel, but also there are
companies that are not facing any labor disputes or even financial losses
that have decided to phase out manufacturing operations in the Philippines
in favor of relocation in even cheaper industrial sites in Indonesia, Thai-
land, China, and other countries. Most of the multinational companies that
closed down their Philippine manufacturing plants in early 1999 had CBAs
with the FFW.
Overall, the economic crisis has proved to be an important vehicle to
accelerate the movement toward restructuring for either functional or numer-
ical flexibility. In many cases, the financial crisis has modified union posi-
tions in bargaining and forced compromise in areas where compromise was
not forthcoming earlier (see Erickson and Kuruvilla 1998; Esguerra et al.
1999; Legardo and Ortiz 2000).
This has all come at a time of political change where unions are losing
their political influence. Weak in terms of density, Philippine unions argua-
bly have had considerable political influence; for example, Philippine unions
were an important part of the opposition to President Ramos’ attempt at
constitutional change in 1997 to allow him to serve another term (Ranald
1999). However, with the inability to show a united front and the loss of
labor-friendly congresspeople and senators in recent elections, the ability of
unions to push through reforms favoring their position (such as the aboli-
tion of labor-only contracting) is seriously compromised. The left-wing
unions in particular have been weakened by political disagreements and
splits since 1993.
The fractured nature of the labor movement and the inability to merge
are also critical problems. Although mergers would be one way of present-
ing a united front, personality and ideological differences apparently stand
in the way. However, Philippine unions recently have attempted to form
broader alliances with other social movements and beyond the borders of
the Philippines, e.g., in the Manila People’s Forum in 1996, which ran in
parallel to the APEC Forum (Ranald 1999). A more recent development is
the formation of the Labor Solidarity Movement (LSM), which unites both
the moderate TUCP and the FFW with breakaway groups from the KMU
and some socialist-leaning but independent labor organizations. LSM enjoys
the support of both the Friedrich Ebert Stiftung (FES) and the American
Center for International Labor Solidarity (ACILS) of the AFL-CIO.
Unions also have made some recent advances in organizing in the export
processing zones. By the end of 1999, there were 158 unions operating in the
export processing zones, with 13,595 members, or 5.5 percent of the 247,076
Recent Developments in Employment Relations in the Philippines / 389
workers employed in the zones. Twenty-three percent of the unions act as
bargaining agents, covering about 80 percent of the union members and 4
percent of the total workers in the zones (Bureau of Labor Relations 2001).
Another silver lining for trade unions is the fact that competitiveness
does not depend solely on the ability of the corporation to have a flexible
labor force and the ability of the organization to right-size; it also depends
on the degree of cooperation and support given by a motivated workforce
to competitive and productivity programs being initiated by the corpora-
tions. This observation is reinforced by the findings of the World Competi-
tiveness Report for 1998 and 1999, which show that the Philippines vis-à-vis
other Asian countries enjoys an advantage in skilled labor but none in
semiskilled labor. This clearly provides the unions a major bargaining chip,
specifically in having a voice on modernization plans, sharing of benefits,
and so on. However, to be able to exploit such an opportunity, the unions
must by necessity also upgrade themselves.
There have been, in some companies, some gains for labor unions in
terms of voice over decision making, and in the wake of the economic crisis,
there have been some gains in voice at the national level as well, with the
introduction of a tripartite social pact (see below). What is absent is a
grand strategy on the part of trade unions, and the grand strategy is absent
largely because the labor movement continues to be divided and frag-
mented. Although there is little talk of union mergers, there is some talk
about coordination between different labor groups, often on an issue-by-
issue basis.
In sum, the labor movement is small and therefore weak in terms of
collective bargaining. Second, the fragmentation of unions is extreme, and
competition among unions continues to make the labor movement weak.
The fact that bargaining representation is subject to elections every 5 years
leads to a lot of union raiding across and within industries, and thus unions
spend their energies vying for existing membership rather than organizing
new members (Anonuevo 2000). Third, absent the ability to expand collec-
tive bargaining beyond these small numbers, the ability of unions to signi-
ficantly voice the larger concerns of labor in the economic development
process is seriously compromised. The inability of unions to resolve juris-
dictional problems and come together to cooperate also implies another
outcome, i.e., the limited ability to focus on the development of solid soli-
darity work or collaboration.
Finally, the ability of unions to counteract the adverse impacts of restruc-
turing are also limited by the nature of Philippine IR institutions, in parti-
cular the fact that there is no formal centralized bargaining and the use of
minimum wages as the basis for pattern bargaining.
390 / CHRISTOPHER L. ERICKSON ET AL.
10
In Singapore, for example, the government has provided incentives for high-tech foreign direct
investment through subsidizing company-provided training and giving the companies exclusive access to
the trainees, thereby building up general workforce skills by linking foreign direct investment and skills
development (Kuruvilla, Erickson, and Hwang 2002). Of course, conditions are very different in the
Philippines, which is much larger and has a different history and form of democracy from Singapore.
However, Singapore does provide an example of successful government policy to upskill the workforce and
attract high-tech foreign investment, a strategy that has been followed to some extent by Malaysia as well.
392 / CHRISTOPHER L. ERICKSON ET AL.
Conclusions
The effects of increased international competition on employment rela-
tions in the Philippines can be seen in two main trends. In a few cases, there
is development of functional flexibility or high-commitment HR practices.
However, the majority of Philippine industry is focused on numerical flexi-
bility or reducing headcount through layoffs, retrenchments, subcontract-
ing, labor only contracting, and casualization; this has severely affected the
labor movement and the plight of many individual workers.
These two broad trends support the Frenkel and Kuruvilla (2002),
Kuruvilla and Erickson (2002), Frenkel and Royale (1996), and Kuruvilla
(1996) hypotheses about the effects of international product market com-
petition on employment relations: that it induces companies and firms to
adopt strategies to emphasize their competitiveness and that these strategies
may be “high road” strategies (such as the movement to functional flexibil-
ity) or “low road” strategies (such as the emphasis on casualization, sub-
contracting, and other methods of attaining numerical flexibility).
The Philippines lacks a strong labor movement or effective government
policies to counteract the predominant trend toward numerical flexibility.
The most critical problem areas that require urgent attention are in the
areas of labor-management cooperation (and the whole issue of reducing
legalism in IR), the issue of protecting workers’ rights during adjustment,
and most of all, developing the skills-formation system so that it can be
more effective. There have been some developments that are a counter to
the argument posed earlier. Although union coverage has dropped substan-
tially and union militancy also has declined in the 1990s, there is some
indication that there is increased cooperation and coordination among
labor unions, as well as successful attempts to organize the workers in the
burgeoning (and mainly nonunion) export processing zones. Another posi-
tive sign is the renewed interest in tripartism (which waned in the 1980s) and
the development of cooperative structures, particularly labor-management
councils, which are actively encouraged by the government. However, these
are small steps, not giant leaps, and by themselves, we argue, they do not
mitigate fully against the impact of the drive for numerical flexibility.
We also want to briefly relate our findings to contemporary debates about
economic integration and employment relations more generally. There is an
increasingly large literature on the impact of economic integration on
Recent Developments in Employment Relations in the Philippines / 393
employment relations worldwide. Those with a more positive view tend to
highlight the economic growth that comes with integration into the world
economy. The World Bank, for instance, touts the higher economic growth
rates and also makes an argument that economic openness tends to reduce
poverty and inequalities both within and across countries (World Bank
2000a, 2000b). On the other hand, critics argue that unregulated markets
have detrimental impacts on workers, inequality, and the environment and
call for some form of regulation (Greider 1997; Martin and Schuman 1996).
The World Bank response is that where appropriate public policies are in
place, the costs of structural adjustment and environmental degradation
can be minimized (World Bank 1993, 1995). In essence, we find that those
public policies are mostly not in place in the employment relations arena in
the Philippines. Thus the Philippines is an important case for assessing
approaches to economic development in that it highlights the potentially
negative impacts of economic integration on employment relations and
workers generally in the absence of substantially countervailing policies and
institutions.
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