NCR - NATIONAL CAPITAL REGION
MINIMUM WAGE RATE
Republic of the Philippines
Department of Labor and Employment
National Wages and Productivity Commission
REGIONAL TRIPARTITE WAGES AND PRODUCTIVITY BOARD
National Capital Region
WAGE ORDER No. NCR-14
IN THE DAILY MINIMUM WAGE
THE NATIONAL CAPITAL REGION
, the Regional
Tripartite Wages and Productivity Board – National Capital Region
is mandated under R.A. 6727 (The Wage Rationalization Act), to
assess wage rates and conduct continuing studies in the determination
minimum wage applicable in the region or industry;
, Wage Order No.
NCR-13 took effect on 28 August 2007 and under Section 3, Rule IV of
Amended Rules of Procedure on Minimum Wage Fixing issued by the
and Productivity Commission (NWPC), the Wage Order may not be disturbed
period of twelve (12) months from its effectivity unless there is a
condition, such as extraordinary increase in prices of petroleum
basic goods/services, as determined by RTWPB-NCR and confirmed by the
, over the last eight
months from August 2007 to April 2008 the price of Dubai crude oil shot
US$67.38 to 106.42 (58%) per barrel and the price of rice in the world
suddenly surged over a three month period from January to April 2008,
375.00 to 795.00 (112.0%) per metric ton, with further increases
to tight supplies and other reasons;
, these price surges
exert great pressure on local oil, rice and food prices, following the
world-wide trend, as shown by the big increase in the NCR’s consumer
index (CPI) from 146.0 in August 2007 to 152.9 in April 2008, while
rate increased from 2.6% in August 2007 to 7.4% as of April 2008;
, the Trade Union
Congress of the Philippines (TUCP) filed on April 15, 2008 a petition
Eighty Pesos (P80.00) per day across-the-board wage increase and
Federation of Labor Union (NAFLU) filed on May 12, 2008 a petition for
Pesos (P50.00) Cost of Living Allowance for those employees receiving
P400.00 per day;
, the RTWPB-NCR
issued on 21 April 2008 Resolution No. 01, Series of 2008, declaring
existence of supervening condition in the Region which was confirmed by
in its Resolution No. 01, Series of 2008 dated 24 April 2008;
, after due notice to
all concerned sectors, the RTWPB-NCR pursuant to its power under
Article 123 of
the Labor Code conducted consultations with labor and employer sectors
1st and 2nd of May 2008, respectively, and a public hearing on the 13th
2008, to determine the propriety of issuing a new wage order;
, considering the
result of the thorough evaluation of the existing socio-economic
the Region, showing the ripple effects of price increases in basic and
commodities including fuel and oil, the RTWPB-NCR has determined the
provide workers with immediate relief measures to enable them to cope
rising cost of living without impairing the viability of business and
by virtue of the
power and authority vested under Republic Act No. 6727, the RTWPB-NCR
issues this Wage Order.
MINIMUM WAGE RATES.
Upon effectivity of this Wage Order, all private sector minimum wage
and employees in the National Capital Region shall receive an increase
amount of Twenty Pesos (P20.00) per day consisting of Fifteen Pesos
Basic Wage and Five Pesos (P5.00) Cost of Living Allowance. The Five
(P5.00) COLA shall be automatically integrated into the basic wage on
a) The new
minimum wage rates of covered workers in the private sector in the
Capital Region shall be as follows:
Minimum Wage under Wage Order No. NCR 13
Basic Wage Under W.O. No-NCR 14
Cost of Living Allowance under W.O. NCR 14*
New Minimum Wage Rates
Agriculture (Plantation and Non Plantation)
Private Hospitals with bed capacity of 100 or
Retail/Service Establishments employing 15
workers or less
Manufacturing Establishments regularly
employing less than 10 workers
into the basic wage on 28 August 2008.
The P 20.00 per day
Basic Wage and COLA increase prescribed in this Order shall apply to
minimum wage earners in the private sector in the Region, regardless of
position, designation or status of employment and irrespective of the
which they are paid.
This Wage Order
not cover household or domestic helpers; persons in the personal
another, including family drivers, and workers of duly registered
Micro Business Enterprises (BMBEs) with Certificates of Authority
Republic Act 9178.
3. BASIS OF
MINIMUM WAGE RATES.
The minimum wage rates prescribed under this Order shall be for the
hours which shall not exceed eight (8) hours of work a day.
CONTRACTORS. In the case of contracts for construction projects and for
security, janitorial and similar services, the Basic Wage and COLA
in this Order shall be borne by the principals or clients of the
construction/service contractors and the contract shall be deemed
accordingly. In the event, however, that
the principals or clients fail to pay the prescribed wage rates, the
construction/service contractor shall be jointly and severally liable
principal or client.
PRIVATE EDUCATIONAL INSTITUTIONS. In the case of private educational
institutions, the share of covered workers and employees in the
tuition fees for School Year 2008-2009 shall be considered as
the Basic Wage and COLA prescribed herein. However, payment of any
the wage increase set forth herein shall be covered starting School
institutions which have not increased their tuition fees for School
2008-2009 may defer compliance with the Basic Wage and COLA prescribed
until the beginning of School Year 2009-2010.
In any case,
private educational institutions shall implement the Basic Wage and
prescribed herein starting School Year 2009-2010.
RESULT. All workers paid by result, including those who are paid on
piecework, “takay”, “pakyaw” or task basis, shall be entitled to
prescribed Basic Wage and COLA per eight (8) hours work a day, or a
thereof for working less than eight (8) hours.
7. WAGES OF
SPECIAL GROUPS OF WORKERS.
Wages of apprentices and
learners shall in no case be less
than seventy-five percent (75%) of the applicable minimum wage rates
in this Order.
learnership and apprenticeship agreements entered into before the
of this Order shall be considered automatically modified insofar as
clauses are concerned to reflect the new minimum wage rates.
handicapped workers shall receive the full amount of the minimum wage
prescribed herein pursuant to Republic Act No. 7277, otherwise known as
Magna Carta for Disabled Persons.
application with and as determined by the Board, based on documentation
other requirements in accordance with applicable rules and regulations
by the NWPC, the following may be exempted from the applicability of
9. APPEAL TO THE COMMISSION.
Any party aggrieved
by this Wage Order may file an appeal to the NWPC, through the Board,
(3) printed copies, not later than ten (10) days from the publication
INCREASE. Any increase granted by an employer in an organized
within three (3) months prior to the effectivity of this Order shall be
credited as compliance with the prescribed increase set forth herein,
that an agreement to this effect has been forged between the parties or
collective bargaining agreement provision allowing creditability
exists. In the
absence of such an agreement or provision in the CBA, any increase
the employer shall not be credited as compliance with the Basic Wage
prescribed in this Order.
establishments, any increase granted by the employer within five (5)
prior to the effectivity of this Order shall be credited as compliance
In case the
given are less than the prescribed Basic Wage and COLA, the employer
the difference. Such increases shall not include anniversary increases,
wage increases and those resulting from the regularization or promotion
EXISTING WAGE STRUCTURE. Where the application of the Basic Wage and
prescribed in this Order results in distortions in the wage structure
the establishment, it shall be corrected in accordance with the
provided for under Article 124 of Presidential Decree No. 442, as
otherwise known as the Labor Code of the Philippines.
COMPLAINTS FOR NON-COMPLIANCE
. Complaints for
this Order shall be filed with the National Capital Region Office of
Department of Labor and Employment, and shall be the subject of
proceedings under Articles 128 and 129 of the Labor Code, as amended.
NON-DIMINUTION OF BENEFITS
. Nothing in this Order
shall be construed to reduce any
existing wage rates, allowances and benefits of any form under existing
decrees, issuances, executive orders and/or under any contract or
between the workers and employers.
PROHIBITION AGAINST INJUNCTION
Pursuant to Article 126 of the Labor
Code, no preliminary or permanent injunction, or temporary restraining
may be issued by any court, tribunal or other entity against any
before the Board.
Sec. 15. FREEDOM
This Order shall not be construed to prevent workers in particular
enterprises or industries from bargaining for higher wages with their
Sec. 16. REPORTING
Any person, company, corporation, partnership or any entity engaged in
shall submit a verified report on their wage structure to the Board not
than January 31, 2009 and every year thereafter in accordance with the
prescribed by the National Wages and Productivity Commission.
Sec. 17. PENAL
Any employer who refuses or fails to comply with this Order shall be
the penalties specified under RA 6727, as amended under R.A. No. 8188.
Sec. 18. REPEALING
All orders, issuances, rules and regulations or parts thereof
the provisions of this Wage Order are hereby repealed, amended or
If any provision or part of this Wage Order is declared
unconstitutional, or in
conflict with existing law, the other provisions or parts thereof shall
The Regional Tripartite Wages and Productivity Board-National Capital
shall submit to the Commission the necessary Rules and Regulations to
this Order subject to approval of the Secretary of Labor and Employment
later than ten (10) days from the publication of the Wage Order.
This Wage Order shall take effect fifteen (15) days after its
publication in a
newspaper of general circulation.
Total Assets including those arising from loans but exclusive of the
which the particular business entity’s office, plant and equipment are
situated, are not more than P3Million;
Establishments Regularly Employing Not More Than Ten (10) workers;
Adversely Affected by Natural Calamities;
indigenous exporters as certified by the Export Development Council,
the criteria and requirements to be provided for in its Implementing
Manila, Philippines, 16
(Sgd.) JESSIE L. AGUILAR
(Sgd.) VICENTE LEOGARDO, JR
(Sgd.) GERMAN N. PASCUA, JR.
(Sgd.) ALBERTO R. QUIMPO
(Sgd.) MA. THERESA L. PELAYO
(Sgd,) MYRNA CLARA B. ASUNCION
(Sgd.) RAYMUNDO G. AGRAVANTE