Republic of the Philippines
DEPARTMENT OF LABOR AND EMPLOYMENT
National Wages and Productivity Commission
REGIONAL TRIPARTITE WAGES AND PRODUCTIVITY BOARD
Region 10, Northern Mindanao
WAGE ORDER NO. RX - 13
IMPLEMENTING
RULES & REGULATIONS
PROVIDING NEW MINIMUM WAGE RATES IN REGION X
WHEREAS,
, under
Republic Act No. 6727 or the Wage Rationalization Act, the Regional
Tripartite Wages and Productivity Boards are mandated to determine and
fix minimum wage rates in their respective regions;
WHEREAS, ALU-TUCP filed on April 27,
2007 a petition for a P75 per day across-the board wage increase;
WHEREAS, afterthe
publication of a notice of public hearing and provincial consultations
in July 2007, the Board conducted region-wide public hearings on August
31 & October 8, 2007 in Cagayan de Oro City and provincial
consultations in the Provinces of Bukidnon, Misamis Occidental, Lanao
del Norte, Camiguin and Eastern Misamis Oriental on August 15, 17, 24
& 30, 2007, respectively;
WHEREAS,
the results of the public hearing, provincial consultations and the
study of the Board on the different socio-economic factors such as the
consumer price index, poverty threshold and family living wage among
others, show a need to increase the minimum wage to cope with the cost
of living without impairing the viability of business establishments;
WHEREAS,
consistent with the government’s policy of achieving higher levels of
productivity to promote economic growth and generate employment and to
augment the income of workers, there is a need to build the capacity of
business enterprises to be competitive through productivity improvement
and gain sharing programs
NOW, THEREFORE,
by virtue of the power and authority vested under Republic Act No.
6727, the Regional Tripartite Wages and Productivity Board of Region 10
hereby issues this Wage Order:
Section 1.
GRANT OF
ADDITIONAL COST OF
LIVING ALLOWANCE (COLA). Upon effectivityof
this Wage Order all covered workers and employees in the private sector
in Region 10 receiving the minimum wage under Wage Order No. RX-12
shall receive an additional daily Cost of Living Allowance of Ten Pesos
(P10.00).
Sec.
2. THE NEW MINIMUM WAGE RATES.
Effective November 16, 2007, the new minimum daily wage rates of
covered workers and employees in the private sector in Region X
shall
be as follows:
Classification
|
Non-Agriculture |
Agriculture |
Basic
|
COLA |
Total |
Basic |
COLA |
Total |
Wage Category I |
P218.00 |
P26.00 |
P244.00 |
P206.00 |
P26.00 |
P232.00 |
Wage Category II |
P213.00 |
P26.00 |
P239.00 |
P201.00 |
P26.00 |
P227.00 |
Wage Category
III |
P208.00 |
P26.00 |
P234.00 |
P196.00 |
P26.00 |
P222.00 |
Wage Category IV |
P203.00 |
P26.00 |
P229.00 |
P191.00 |
P26.00 |
P217.00 |
a. Wage Category I - Cities of Cagayan de
Oro and Iligan, and the Municipalities of Tagoloan, Villanueva and
Jasaan;chanroblesvirtualawlibrary
b. Wage Category II - Cities of Malaybalay, Valencia,
Gingoog, El Salvador and Ozamiz, and the Municipalities of Maramag,
Quezon, and Manolo Fortich;chanroblesvirtualawlibrary
c. Wage Category III - Cities of Oroquieta and Tangub, and the
Municipalities of Lugait, Opol and Mambajao;chanroblesvirtualawlibrary
d. Wage Category IV - All other areas not covered under the
above Categories;chanroblesvirtualawlibrary
e. Wage Category V - The Sugar Agricultural Industry.
CATEGORY
V. SUGAR AGRICULTURAL INDUSTRY.
For agricultural workers in the Sugar
Industry in Region 10, the applicable “Pakyaw Rates” regardless of
geographical location are as follows:
ACTIVITY
|
RATE |
A.
Land preparation and Cultivation |
1.
Roamplow |
|
a.
Moldboard-labor component |
P 341.00/ha. |
b.
Animal Plowing |
|
b.1
Owned by planter |
P 227.00/day |
b.2
Owned by worker |
|
excluding
premium |
|
rate
of animal |
|
*
Normal Soil |
P 1,485.00/ha. |
*
Coarse and Hilly |
P 2,670.00/ha. |
2.
Harrowing (Karas) – labor Component |
P 67.00/ha. |
3.
Planting basal including peeling |
P 667.00/lacsa |
4.
Hauling cane points |
|
a.
Loading only |
P 88.00/lacsa |
b.
Loading and Unloading |
P 147.00/lacsa |
5.
Cutting cane points |
|
a.
Sinsillo |
P 444.00/lacsa |
b.
Gupod |
P 370.00/lacsa |
6.
Peeling |
P
147.00/lacsa |
7.
Cutting cane points with peeling |
P 742.00/lacsa |
8.
Fertilizing |
|
a.
Tagad |
P 59.00/bag |
b.
Bubod |
P 47.00/bag |
9.
Weeding |
|
a.
High density |
P 1,485.00/ha. |
b.
Medium density |
P 890.00/ha. |
c.
Low density |
P 594.00/ha. |
10.
Hilling-up (1meter distance between rows) |
P 227.00/pass
/ha. |
11.
Harvesting (cutting and Loading zero trash) |
P 147.00/ton |
B.
Ratoon |
1.
Peeling and replanting |
P 742.00/lacsa |
2.
Trash scattering, burning and cutting stump |
P 594.00/ha. |
Sec. 3.
COVERAGE.
The wage increase prescribed herein shall apply to all minimum wage
earners in the private sector in the region, regardless of their
position, designation or status and irrespective of the method by which
their wages are paid.cralaw:red
This
Wage Order shall not cover household or domestic helpers, persons in
the personal service of another, including family drivers, and workers
in registered Barangay Micro Business Enterprises (BMBEs) with
Certificates of Authority.cralaw:red
Sec. 4. BASIS
OF
MINIMUM WAGE.
The minimum wage rates prescribed under this Order shall be for the
normal working hours, which shall not exceed eight (8) hours work a
day.cralaw:red
Sec. 5.
PRODUCTIVITY BASED WAGES.
In order to sustain rising levels of wages and enhance competitiveness,
businesses are encouraged to adopt productivity improvement schemes
such as time and motion studies, good housekeeping, quality circles,
labor management cooperation as well as implement gain-sharing
programs. Accordingly, the Board shall provide the necessary studies
and technical assistance pursuant to Republic Act No. 6971 or the
"Productivity Incentives Act of 1990.”
Sec. 6.
CREDITABLE WAGE INCREASE.
All wage increases granted to workers within three (3) months
prior to
the effectivity of this Wage Order shall be credited as compliance with
this Order. Where such increases are less than the prescribed
adjustment, the employer shall pay the difference.cralaw:red
Such
creditable increases shall not include anniversary wage increases,
merit increases and those resulting from the regularization or
promotion of employees.cralaw:red
Sec. 7.
WORKERS
PAID BY RESULTS. All workers paid by results, including those
who are paid on piecework, “takay”, “pakyaw”, or task basis, shall be
entitled to receive not less than the prescribed minimum wage rates per
eight hours of work a day, or a proportion thereof for work less than
eight (8) hours.cralaw:red
Sec. 8. WAGES
OF
SPECIAL GROUPS OF WORKERS. Wages of apprentices and earners
shall in no case be less than seventy-five percent (75%) of the
applicable minimum wage rates prescribed in this Order.cralaw:red
All
recognized learnership and apprenticeship
agreements entered into before the effectivity of this Order shall be
considered automatically modified insofar as their wage clauses are
concerned to reflect the new prescribed wage rates.cralaw:red
All
qualified handicapped workers shall receive the full amount of increase
in this Order pursuant to RA 7277.cralaw:red
Sec. 9.
APPLICATION TO PRIVATE EDUCATIONAL INSTITUTIONS. In the case
of private educational institutions, the share of covered workers and
employees in the increase of tuition fees for school year 2007-2008
shall be considered as compliance with the increases prescribed herein.
However, payment of any shortfall in the allowance set forth herein
shall be covered starting school year 2008-2009.cralaw:red
Private
educational institutions which have not increased their tuition fees
for school year 2007-2008 may defer compliance with the provisions of
this Wage Order until the beginning of school year 2008-2009.cralaw:red
In any
case, all private educational institutions shall implement the increase
prescribed herein starting school year 2008-2009.cralaw:red
Sec. 10.
APPLICATION TO CONTRACTORS. In the case of contracts for
construction projects, security, janitorial and similar services, the
prescribed increases in the wage rates shall be borne by the principals
or clients of the construction/service contractors and the contract
shall be deemed amended accordingly.cralaw:red
In
the event, however, that the principal or client fails to pay the
prescribed increase, the construction/service contractor shall be
jointly and severally liable with his principal or client.cralaw:red
Sec. 11.
EXEMPTIONS.
Upon application with and as determined by the Board in accordance with
the National Wages and Productivity Commission Guidelines No. 02,
Series of 2007 (The Amended Rules on Exemption), the following maybe
exempted from the applicability of this Wage Order:
a. Retail/Service
establishment employing not more than ten (10) Workers;chanroblesvirtualawlibrary
b. Establishments whose total assets, including those arising
from loans, but exclusive of the land on which the particular business
entity’s office, plant and equipment are situated, are not more than
Three Million Pesos (P= 3,000,000.00);chanroblesvirtualawlibrary
c. Distressed establishment;chanroblesvirtualawlibrary
d. New business enterprises (NBEs);chanroblesvirtualawlibrary
e. Establishments adversely affected by natural calamities.
Sec. 12.
EFFECT
OF APPLICATION FOR EXEMPTION. An
application for exemption duly filed shall have the effect of deferring
any action in any complaint for non-compliance with the Order until
resolution of the application by the Regional Board.cralaw:red
In case the
application for exemption is not approved, covered employees/workers of
the applicant-establishment shall be paid the mandated wage increase
under this Wage Order plus one percent (1%) interest per month
retroactive to the effectivity of this Wage Order.cralaw:red
Sec. 13. APPEAL TO THE COMMISSION.
Any party aggrieved by this Wage Order may file a verified appeal with
the commission through the Board within ten (10) calendar days from the
publication of this Order.cralaw:red
The filing
of the appeal does not operate to stay the Order unless the party
appealing such Order shall file with the Commission an undertaking with
a surety or sureties satisfactory to the Commission for payment of the
corresponding increase to the employees affected by the Order in the
event such Order is affirmed.cralaw:red
Sec. 14.
EFFECTS
ON EXISTING WAGE STRUCTURE OR WAGE DISTORTION. Where the
application of the increase in the wage rates under this Order results
in distortion of the wage structure within an establishment, the same
shall be corrected in accordance with the procedure provided for under
Article 124 of the Labor Code, as amended.cralaw:red
Sec. 15.
COMPLAINTS FOR NON-COMPLIANCE. Complaints for non-compliance
with this Wage Order shall be filed before the Regional Office of the
Department of Labor and Employment (DOLE) or any of its Provincial
Extension Offices and shall be the subject of enforcement proceedings
under Article 128 of the Labor Code, as amended, without prejudice to
criminal prosecution which maybe undertaken against those who fail to
comply.cralaw:red
Sec. 16.
NON-DIMINUTION OF BENEFITS. Nothing in this
Wage Order
shall be construed to reduce any existing wage rates, allowances and
benefits in any form under existing laws, decrees, issuances, executive
orders and/or under any contract or agreement between the workers and
employers.cralaw:red
Sec. 17. PENAL
PROVISION. Any person, entity or employer who refuses or fails
to pay the prescribed minimum wage in accordance with this Order shall
be subject to the penal provisions under RA 6727, as amended by RA 8188.cralaw:red
Sec. 18.
PROHIBITION AGAINST INJUNCTION. No preliminary or permanent
injunction or temporary restraining order may be issued by any court,
tribunal or other entity against any proceedings before the Board.cralaw:red
Sec. 19.
FREEDOM
TO BARGAIN. This Order shall not be construed to prevent
workers in particular firms or enterprises of industries from
bargaining for higher wages and/or benefits with their respective
employers.cralaw:red
Sec. 20.
REPORTING
REQUIREMENT.
Any person, company, corporation, partnership or any entity engaged in
business shall submit a verified itemized listing of their labor
component to the Board not later than January 31, 2008 and every year
thereafter in accordance with the form prescribed by the Commission.cralaw:red
Sec. 21.
REPEALING CLAUSE. All orders, issuances, rules and regulations
or parts thereof inconsistent with the provision of this Wage Order are
hereby repealed, amended or modified accordingly.cralaw:red
Sec. 22. SEPARABILITY CLAUSE.
If,
for any reason, any Sec. or provision of this Wage Order is
declared
unconstitutional or illegal, the other provisions or parts shall remain
valid.cralaw:red
Sec. 23.
IMPLEMENTING RULES. The Board shall prepare the necessary
rules to implement this Wage Order subject to the approval of the
Secretary of Labor and Employment.cralaw:red
Sec. 24.
EFFECTIVITY.
This Wage Order shall take effect on November 16, 2007, fifteen
(15)
days after its publication (on November 1, 2007) in a newspaper
of
general circulation in the region.
APPROVED, October 24, 2007, Cagayan de
Oro City, Philippines.
(Sgd.)
ARSENIO L. SEBASTIAN III
Management Representative
|
(Sgd.)
JOSE B. ARES
Labor Representative |
(Sgd.)
PRUDENCIO T. PLAZA, JR.
Management Representative
|
(Sgd.)
LORENZO C. TONGCO
Labor Representative |
(Sgd.)
CASIMIRA V. BALANDRA
Vice-Chairperson, NEDA-X
|
(Sgd.)
ALICIA V. EUSEÑA
Vice-Chairperson, DTI-X |
(Sgd.)
ALAN M. MACARAYA
Chairperson, RTWPB-X and
Regional Director, DOLE-X |
Published
on November 1, 2007 at Sun Star.
Effectivity: November 16, 2007. |