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ADMINISTRATIVE
ORDER NO. 2, SERIES OF 1976
[Guidelines
on the Implementation of Presidential Decree No. 851]
PRESIDENTIAL
DECREE
NO. 851
ADMINISTRATIVE
ORDER NO. 2,
SERIES
OF 1976
In the interest
of public service and efficiency, more particularly to facilitate the
disposition
of cases involving petitions for exemption, complaints, enforcement and
implementation of P.D.
No. 851 and its implementing
rules and regulations, the following guidelines shall be followed:
I.
Petition
for exemption
1. The Regional
Office concerned shall transmit immediately the petition for exemption
to the Chairman, Wage Commission with comments and recommendations, if
any.
The petition
shall contain a sworn statement on the inability to implement the Decree
and the reasons, therefore, and shall be accompanied by the following
documents
and statements:
(a) A
certified
true copy of the income tax returns for the last two (2) years;
(b) A
certified
copy of the financial reports for the last two (2) years filed with the
Government entities, such as the Securities and Exchange Commission,
Department
of Trade, Department of Industries and Board of Investments;
(c) A
detailed
sworn statement of the actual monthly losses not covered by the report
required under paragraph (b) above and such other proofs or documents
as
may be required by the Chairman, Wage Commission to establish such
exemption.
2. The Chairman,
Wage Commission and the duly designated staff, shall evaluate all
petitions
for exemption and make appropriate recommendations within 20 working
days
from receipt of the petition to the Secretary of Labor.
3. Whenever
a petition for exemption has been filed, and complaint for
non-compliance
shall be held in abeyance pending the disposition or resolution of the
petition for exemption.
II.
Complaint,
enforcement and/or implementation
1. All
complaints
for non-payment of the 13th-month pay shall be filed with the Field
Services
Division of the Regional Office concerned. The Regional Director shall
direct the said Division to conduct an inspection and investigation in
connection with the complaint filed.
2. The Field
Service Division of the Regional Office concerned shall see to it that
all covered employees comply with P.D.
No. 851.
The Regional
Director shall submit a monthly progress report of compliance with the
Decree.
The reports
of the Regional Offices shall be submitted to the LSS and BLS, and
shall
contain the following:
(a) The total
number of establishments;
(b) total
number
of workers benefited; and
(c) total
amount
of benefits paid.
3. The Regional
Office shall compile, analyze and evaluate compliance reports and
update
the listing of establishments on the basis of the reports submitted.
Any prior
order,
circular, instruction or memorandum or parts thereof, inconsistent
herewith
are hereby revoked.
This Order
shall take effect immediately.
Manila,
9 January 1976.
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