Republic of the
Philippines
Department
of Labor and Employment
National
Wages and Productivity Commission
REGIONAL
TRIPARTITE WAGES AND PRODUCTIVITY BOARD NO. 3
San
Fernando, Pampanga
WAGE
ORDER NO. RBIII-13
IMPLEMENTING
RULES AND REGULATIONS
PROVIDING FOR COST OF LIVING ALLOWANCE IN REGION III
WHEREAS,
Republic Act 6727, mandated the Regional Tripartite Wages and
Productivity Board-Region III (RTWPB-III) to determine and fix minimum
wage rates and periodically review the same in relation to prevailing
socio-economic and other conditions in the Region;
WHEREAS,
the RTWPB-III acted motu proprio on the minimum wage adjustment issue
and conducted a series of sectoral consultations on July 23, July 25,
and July 30, 2007 and a public hearing on August 6, 2007;
WHEREAS,
after evaluation of the results of the consultations and public
hearing, the RTWPB-III felt the need to provide workers immediate
relief from the rising costs of living taking into account the
interests of both labor and management as well as the continued and
sustained viability of business and industry;
WHEREAS,
consistent with the government’s policy of achieving higher levels of
productivity, the RTWPB-III encourages the workers and business
enterprises to be competitive through the adoption of productivity
improvement and gainsharing programs.
NOW
THEREFORE, by virtue of the power and authority vested under
Republic Act No. 6727, otherwise known as the Wage Rationalization Act,
the Board hereby issues this Wage Order:
Section
1. AMOUNT OF COLA. Upon the effectivity of this Wage Order, a
cost of living allowance (COLA) of Nine Pesos (P9.00) per day shall be
granted to all minimum wage earners in the region.
Sec. 2. NEW
MINIMUM WAGE RATES. Upon effectivity of this Wage Order, the
new minimum wage rates in the region shall be as follows:
SECTOR |
BULACAN. BATAAN, NUEVA ECIJA, PAMPANGA, TARLAC, ZAMBALES |
Basic
Wage |
COLA
under WO RBIII-13 |
Minimum
Wage under WO RBIII-13 |
Non-Agriculture
|
- Establishment
with total assets of P30M or more
|
P278.00 |
P9.00 |
P287.00 |
- Establishment
with total assets Of less than P30M
|
270.50
|
9.00 |
279.50 |
Agriculture |
|
248.00 |
9.00 |
257.00 |
|
232.00
|
9.00 |
241.00 |
Hospitals
|
- With
20 or more bed capacity
|
269.00
|
9.00 |
278.00 |
- With
less than 20 bed capacity
|
254.00
|
9.00 |
263.00 |
Retail/Service |
|
267.00
|
9.00 |
276.00 |
- With
less than 16 workers
|
253.00
|
9.00 |
262.00 |
Cottage/Handicraft |
232.00
|
9.00 |
241.00 |
Sector |
AURORA |
Basic Wage |
COLA
under WO RBIII-13 |
Minimum
Wage under WO RBIII-13 |
Non-Agriculture
|
P227.00
|
P9.00 |
P236.00 |
Agriculture |
|
|
|
|
212.00
|
9.00 |
221.00 |
|
192.00
|
9.00 |
201.00 |
Retail/Service
employing not more than 10 workers |
149.00
|
9.00 |
158.00 |
Cottage
Handicraft |
200.00 |
9.00 |
209.00 |
Sec. 3. COVERAGE. The COLA provided herein
shall apply to all
minimum wage earners/workers and employees in the private sector in
Region III regardless of position, designation or status of employment
and irrespective of the method by which their wages are paid. Not
covered in this Wage Order are household or domestic helpers and
persons employed in the personal service of another including family
drivers and workers of Barangay Micro Business Enterprises with
Certificates of Authority, pursuant to R.A. 9178.
Sec. 4. BASIS OF COLA.
The COLA prescribed under the Wage Order
shall be for the normal working hours, which shall not exceed eight (8)
hours work a day.
Sec. 5. 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 the prescribed COLA in this order per eight (8)
hours a day, or a proportion thereof for working less than eight (8)
hours.
Sec. 6. SPECIAL GROUP OF WORKERS.
The minimum wage rate of
apprentices and learners shall in no case be less than seventy-five
percent (75%) of the prescribed minimum wage rate under Sec. 2 of
this Wage Order.
All
recognized learnership and apprenticeship agreements entered into
before the effectivity of this Order shall be considered automatically
modified in accordance with the Wage Order.
Sec. 7.
PRODUCTIVITY-BASED WAGES. In order to sustain rising levels of
wages and enhance competitiveness, businesses are strongly encouraged
to adopt productivity improvement schemes, such as, time and motion
studies, good housekeeping, quality circles, labor-management
cooperation, as well as implement gainsharing programs. Accordingly,
the Regional Board shall provide the necessary studies and technical
assistance pursuant to RA 6971, the Productivity Incentives Act of 1990.
Sec. 8. PRIVATE EDUCATIONAL
INSTITUTIONS. In the case of private
educational institutions, the share of workers and employees covered in
the increase in tuition fees for School Year 2007-2008 shall be
considered as compliance with this Wage Order. Where the share of the
workers and employees is less than what is provided herein, the
employer shall pay the difference starting School Year 2008-2009.
Private educational
institutions which have not increased their tuition fees for the School
Year 2007-2008 may defer compliance with the provisions of this Wage
Order until School Year 2008-2009.
In
any case, all private educational institutions shall implement the
increase prescribed herein starting School Year 2008-2009.
Sec. 9. CONTRACTORS. In
the case of contracts for construction
projects and for security, janitorial and similar services, the
prescribed COLA of the workers shall be borne by the principals or
clients of the construction/service contractors and their contracts
shall be deemed amended accordingly. In the event, however, that the
principals or clients fail to pay the prescribed increases, the
construction/service contractors shall be jointly and severally liable
with his principal or client.
Sec. 10. EXEMPTION.
Upon application with and as determined by the
Board, the following may be exempt from the applicability of this Wage
Order, subject to applicable rules and regulations issued by the
Commission:
1. |
Retail and service establishments
employing not more than ten (10) workers at the time of the publication
of this Wage Order; |
|
2. |
Distressed Establishments, as defined
in the NWPC Guidelines No. 02, Series of 2007 ; |
|
3. |
Garment Exporting firms, including
indirect exporters, with at least fifty percent (50%) export sales and
with forward contracts with their foreign buyers/principals entered
into on or twelve (12) months before the effectivity of this Wage Order
and without escalation clauses with respect to the contract prices
thereof, may be exempt during the lifetime of the said contract but not
to exceed twelve (12) months from effectivity of this Wage Order. |
|
|
Sec. 11. APPEAL TO THE COMMISSION.
Any party aggrieved by this Wage
Order may file a verified appeal to the Commission through the Board
within ten (10) calendar days from the publication of the Order.
Sec. 12. EFFECT OF FILING OF
APPEAL. 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 COLA to
employees affected by the Order in the event such Order is affirmed.
Sec. 13. CREDITING.
Increases granted by an employer within ninety
(90) days prior to the effectivity of this Wage Order shall be credited
as compliance with the Order, provided that, where such increases are
less than what is provided in the Order, the employer shall pay the
difference.
Such
increases shall not include CBA anniversary wage increases, merit wage
increases and those resulting from the regularization or promotion of
employee, unless there is an agreement expressly allowing such
crediting.
Sec. 14. EFFECTS ON EXISTING
WAGE STRUCTURE. Where the application
of the COLA prescribed in this Wage Order results in distortions in the
wage structure within the establishment, the wage distortions may be
resolved using the following formula:
Minimum Wage Under |
|
Amount of |
Wage
Order No. RBIII-12 |
X
Amount of
COLA = |
COLA
due to |
------------------------------ |
in
WO
RBIII-13 |
distortion |
Present
Salary |
|
|
Sec. 15. COMPLAINTS FOR NON-COMPLIANCE.
Complaints for
non-compliance with this Wage Order shall be filed with the Regional
Office of the Department of Labor and Employment (DOLE) and shall be
the subject of enforcement proceedings under Article 128 of the Labor
Code, as amended, without prejudice to criminal prosecution which may
be undertaken against those who fail to comply.
Sec. 16. NON-DIMINUTION OF
BENEFITS. Nothing in this Wage Order
shall be construed to reduce any existing wage rates, allowances, and
benefits of any form under existing laws, decrees, issuance, executive
orders and/or under any contract or agreement between workers and
employers.
Sec. 17. PENAL PROVISION.
Any person, corporation, trust or firm,
partnership, association or entity which refuses or fails to pay the
prescribed wage rates in accordance with this Wage Order shall be
subject to the penal provisions under R.A. 6727, as amended by R.A.
8188.
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.
Sec. 19. FREEDOM TO BARGAIN.
This Wage Order shall not be construed
to prevent workers in particular firms or enterprises of industries
from bargaining for higher wages with their respective employers.
Sec. 20. REPORTING REQUIREMENTS.
Any person, company, corporation,
partnership, or any entities 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.
Sec. 21. REPEALING CLAUSE.
All orders, rules, and regulations, or
parts thereof inconsistent with the provision of this Wage Order are
hereby repealed, amended or modified accordingly.
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.
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.
Sec. 24.
EFFECTIVITY. This Wage Order shall take effect fifteen (15)
days after its publication in at least one (1) newspaper of general
circulation in the region.
APPROVED
this 4th day of September 2007, City of San Fernando, Pampanga.
(Sgd.) JOSE T. DE LEON
Board Member |
(Sgd.) FLORDELIZA MARIA
REYES-RAYEL
Board Member |
I
Dissent:
(Sgd.) RAUL C. REMODO*
Board Member |
I
Dissent:
(Sgd.) EDGAR B. VENTURA*
Board Member |
(Sgd.) REMIGIO A. MERCADO
Vice-Chairperson |
(Sgd.) BLESILA A. LANTAYONA
Vice-Chairperson |
(Sgd.) NATHANIEL V. LACAMBRA
Chairperson |
*
We dissent.
Amount of increase is insufficient and there should be no wage
exemption.
Published
on September 12, 2007 at Sun Star
Pampanga
Effectivity: September
27, 2007.
|