Department of Labor and Employment
Wages and Productivity Commission
REGIONAL TRIPARTITE WAGES AND PRODUCTIVITY BOARD
ORDER NO. RXIII-08
IMPLEMENTING RULES & REGULATIONS
ADDITIONAL COST OF LIVING ALLOWANCE
IN CARAGA REGION
WHEREAS, under R.A. No.
6727, the Regional Tripartite Wages and Productivity Board-Caraga
Region (RTWPB-Caraga), is mandated to periodically review and assess
the prevailing wage rates, and to conduct continuing studies in the
determination of the minimum wage rates applicable in the region,
provinces or industries;
after a thorough evaluation of the socio-economic factors in the region
in accordance with the provisions set forth under NWPC Guidelines No.
01, Series of 2007, the Board has resolved to review motu proprio Wage
Order No. RXIII-07;
the Board, after giving due notice to all concerned sectors, conducted
public consultations in San Francisco, Agusan del Sur, Tandag City,
Surigao del Sur, Surigao City, Surigao del Norte, and Butuan City on
September 18, 2007, September 19, 2007, September 25, 2007, and
September 27, 2007 respectively, to determine the propriety of issuing
a new wage order;
the Board felt the need to restore the purchasing power of wages of the
workers by providing them with immediate relief to enable them to cope
with the rising cost of living without impairing the viability of
businesses and industry;
consistent with the government’s policy of achieving higher level of
productivity to preserve and generate jobs 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
NOW THEREFORE, by virtue
of the power and authority vested under Republic Act 6727, as amended,
otherwise known as the Wage Rationalization Act, the Regional
Tripartite Wages and Productivity Board-Caraga Region hereby issues
Wage Order No. RXIII-08.cralaw
1. COST OF LIVING ALLOWANCE
The COST OF LIVING ALLOWANCE provided for
under Wage Order No. RXIII-07 shall be increased to the amount of
EIGHTEEN (Php18.00) PESOS.cralaw
Sec. 2. NEW MINIMUM WAGE RATES
effectivity of this
daily minimum wage rates applicable to workers and employees in the
private sector in Caraga Region shall be as follows:
10 or less
more than 10 workers
*Total Daily Minimum Wage
Sec. 3. COVERAGE
The wage increase
prescribed under this
Order shall apply to the MINIMUM WAGE EARNERS in the private sector in
Caraga Region, regardless of their position, designation or status and
irrespective of the method by which their wages are paid.
Not covered by the
provisions of this
Order are household or domestic helpers, persons employed in the
personal service of another, including family drivers and workers in
registered Barangay Micro Business Enterprises (BMBE) with Certificates
of Authority in accordance with RA 9178.
BASIS OF PAYING MINIMUM WAGE
The minimum wage rates
this Order shall be for the normal working hours, which shall not
exceed eight (8) hours work a day.
APPLICATION TO PRIVATE EDUCATIONAL INSTITUTIONS
the case of private educational institutions, the share of covered
workers and employees in the increase in tuition fees for SY 2007-2008
shall be considered compliance with the increase set forth herein;
provided that if such increase is less than the prescribed adjustment,
the employer shall pay the difference in the School Year 2008-2009.cralaw
have not increased their tuition fees for the School Year 2007-2008 may
defer compliance with the provisions of this Order until the beginning
of School Year 2008-2009.
any case, all private educational institutions shall implement the wage
rates prescribed herein starting School Year 2008-2009.
the case of contracts for construction projects and for security,
janitorial and similar services, the prescribed increases shall be
borne by the principals of the construction/service contractors and the
contract shall be deemed amended accordingly. In the event however,
that the principals fail to pay the prescribed minimum wage, the
construction/service contractors shall be jointly and severally liable
with the principals.
WORKERS PAID BY RESULTS
workers paid by
those who are paid on piece work, takay, pakyaw or task basis, shall be
entitled to receive not less than the prescribed daily minimum wage for
eight (8) hours work day, or a proportion thereof for working less than
eight (8) hours.
WAGES OF SPECIAL GROUPS OF WORKERS
learners shall in
no case be less than seventy five percent (75%) of the applicable
minimum wage rates. All recognized learnership and apprenticeship
agreements entered into before the effectivity of this Order shall be
considered automatically modified insofar as their wage provisions are
concerned to reflect the prescribed wage rates.
attain higher levels of productivity for competitiveness, to preserve
and generate gainful employment and to augment the wages of workers,
business enterprises are encouraged to adopt productivity improvement
and gainsharing programs.
following may be exempted from the applicability of this Order upon
application with and as determined by the Board in accordance with NWPC
Guidelines No. 02, Series of 2007 (The Rules on Exemption).cralaw
2. Retail/Service establishments
regularly employing Not more
3. New Business enterprises (NBEs)
4. Establishments adversely affected by
APPEAL TO THE COMMISSION
party aggrieved by the
by the Board may file an appeal with the Commission within 10 calendar
days from the publication of this Order.
EFFECT OF FILING OF APPEAL
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 employees
affected by the Order in the event such Order is affirmed.
EFFECTS ON EXISTING WAGE STRUCTURE
the application of
the increases in
the wage rates under Sec. 2 hereof, results in the distortion of
wage structure within an establishment, the same shall be corrected in
accordance with the procedure provided for under Art. 124 of the Labor
Code as amended.cralaw
pendency of a dispute
wage distortion shall not in any way delay the applicability of any
increase prescribed in this Order.
FREEDOM TO BARGAIN
Order shall not be
prevent workers in particular firms or enterprises of industries from
bargaining for higher wages with their respective employers.
COMPLAINTS FOR NON-COMPLIANCE
non-compliance with the
wage increase prescribed under this Order may be filed with the
Provincial/Regional Office of the Department of Labor and Employment
(DOLE) and shall be the subject of enforcement proceedings under Art.
128 and 129 of the Labor Code, as amended, without prejudice to
criminal prosecution which may be undertaken against those who fail to
in this Order shall
to reduce any existing wage rates, allowances and benefits of any form
under existing laws, decrees, issuances, executive orders and/or any
contract or agreement between the workers and employers.
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.
PROHIBITION AGAINST INJUNCTION
preliminary or permanent injunction or temporary restraining order may
be issued by any court, tribunal or other entity against any proceeding
before the Board as provided for under RA 6727.
partnership, association or entity which refuses or fails to pay the
prescribed adjustments in this Order shall be subject to the penal
provisions under RA 6727 as amended by RA 8188.
Board shall prepare the
rules and regulations to implement this Order, subject to the approval
of the Secretary of Labor and Employment.
regulations or parts thereof inconsistent with this Order are hereby
repealed, amended or modified accordingly.
any provisions or part of this Order, or the application thereof to any
person or circumstance, is held invalid or unconstitutional, the
remainder of the Order or the application of such provision or part
thereof to other persons or circumstance shall not be affected thereby.
Order shall take
effect fifteen (15)
days after its publication in at least one (1) newspaper of general
circulation in Caraga Region.
APPROVED: Butuan City,
Mr. JOSELITO V. SORIANO
ROLANDO C. DAHANG
Management Sector Representative
CARMENCITA S. COCHINGCO
Vice Chairperson – NEDA
(sgd.) Dir. BRIELGO
Vice Chairperson – DTI
CHONA M. MANTILLA
Chairperson - DOLE
Published on October 23, 2007 at
The Mindanao Gold Star Daily
Effectivity: November 7, 2007.