Republic of the Philippines
Department of
Labor and Employment
National Wages and
Productivity Commission
REGIONAL
TRIPARTITE WAGES AND PRODUCTIVITY BOARD
Regional Office No. V
Legazpi City
WAGE
ORDER NO. RB V-12
IMPLEMENTING
RULES & REGULATIONS
GRANTING AN INCREASE TO THE MINIMUM WAGE RATES
IN THE BICOL REGION
WHEREAS, Republic Act
6727 or the Wage Rationalization Act empowers the Regional Tripartite
Wages and Productivity Board of Region V to determine and fix the
minimum wage rates in the region and to issue the corresponding wage
orders subject to the guidelines issued by the National Wages and
Productivity Commission;
WHEREAS,
the Board, in the exercise of its wage fixing function and in order to
generate inputs from the labor, management and government sectors,
conducted motu proprio, sectoral consultations/summit each for the
management and labor sectors and Area Public Consultations and
Workshops for the Provinces of Camarines Sur and Camarines Norte and
for the Provinces of Albay, Catanduanes, Masbate and Sorsogon on
October 4, 2007 and October 5, 2007, respectively;
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;
WHEREAS,
the Board, cognizant of the results of the consultations and its study
and analyzing the socio-economic factors, decided to adjust the
regional minimum wage rates to enable the workers in the region to cope
with the rising cost of living along with the policy of providing
workers with “safety net” protection against unduly low wages without
however, impairing the viability of business and industry;
NOW,
THEREFORE, the Regional Tripartite Wages and Productivity
Board of Region V, by virtue of the power and authority vested under
Republic Act No. 6727, hereby issues this Wage Order.cralaw:red
Section
1. AMOUNT OF INCREASE. Upon effectivity of this Wage Order,
all covered workers shall be granted an increase of SIX PESOS (P6.00)
per day in their basic wage.cralaw:red
Sec. 2. THE
NEW MINIMUM WAGE RATES. Upon effectivity of this Wage
Order, the new minimum wage rates in the region shall be, as follows:
SECTORS/AREA |
Cities of Legazpi, Naga,
Iriga and Tabacco and Municipalities of Pili and Daraga |
All other areas |
Minimum Wage Rates Under W.O.
No. RB05-11 |
Increase under W.O. RBV-12 |
New Minimum Wage Rates |
Minimum Wage Rates Under W.O.
No. RB05-11 |
Increase under W.O. RBV-12 |
New Minimum Wage Rates |
A.
NON-AGRICULTURE |
A.1 Establishments
|
Employing
more than 15 workers |
P220.00 |
P6.00 |
P226.00 |
P208.00 |
P6.00 |
P214.00 |
Employing
11-15 workers |
207.00 |
6.00 |
213.00 |
195.00 |
6.00 |
201.00 |
Employing
not more than
10 workers |
189.00 |
6.00 |
195.00 |
177.00 |
6.00 |
183.00 |
A.2 Cottage/
Handicraft |
Employing 20 or
more workers |
195.00 |
6.00 |
201.00 |
183.00 |
6.00 |
189.00 |
Employing
less than 20
workers |
185.00 |
6.00 |
191.00 |
173.00 |
6.00 |
179.00 |
B.
AGRICULTURE |
Plantation |
198.00 |
6.00 |
204.00 |
188.00 |
6.00 |
194.00 |
Non-Plantation |
178.00 |
6.00 |
184.00 |
168.00 |
6.00 |
174.00 |
Sec. 3.
COVERAGE. The new minimum wage rates prescribed in this
Order shall apply to all minimum wage earners in the private sector in
the region, regardless of their positions, designations or status of
employment and irrespective of the method by which their wages are paid.cralaw:red
Excluded
from the coverage 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
(BMBEs) with Certificates of Authority pursuant to R.A. 9178.cralaw:red
Sec. 4. BASIS
OF MINIMUM WAGE RATES. The new 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 the 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 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.cralaw:red
Sec. 6.
CREDITABLE WAGE INCREASE. Wage increases granted by an
employer within three (3) months before the effectivity of this Order
shall be credited as compliance herewith. Where the wage increases
granted are less than that prescribed under this Order, the employer
shall pay the difference.cralaw:red
Anniversary
wage increases provided in collective bargaining agreements, merit wage
increases and those resulting from the regularization or promotion of
employees shall not be credited as compliance herewith.cralaw:red
Benefits derived from
productivity gain-sharing schemes shall not be credited as compliance.cralaw:red
Sec. 7.
APPLICATION TO PRIVATE EDUCATIONAL INSTITUTIONS. In the
case of private educational institutions, the share of covered workers
and employees in the increase in tuition fees for School Year 2007-2008
shall be considered as 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:red
Private
education institutions, which 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.cralaw:red
In
any case, all private educational institutions shall implement the wage
rates prescribed herein starting School Year 2008-2009.cralaw:red
Sec. 8.
WORKERS PAID BY RESULTS. All workers paid by results,
including those who are paid on piecework, “takay”, “pakyaw” or task
basis, shall receive not less than the prescribed minimum wage rates
per eight (8) hours work a day, or a proportion thereof for working
less than eight (8) hours.cralaw:red
Sec. 9.
APPLICATION TO CONTRACTORS. In the case of contracts for
construction projects and for security, janitorial and similar
services, the prescribed minimum wage rates of the workers shall be
borne by the principals or clients of the construction/service
contractors and the contracts shall be deemed amended accordingly. In
the event, however, that the principal or client fails to pay the
prescribed minimum wage rates, the construction/service contractor
shall be jointly and severally liable with his principal or client.cralaw:red
Sec. 10. WAGES
OF SPECIAL GROUPS OF WORKERS. Apprentices and
learners shall receive not less than seventy-five (75%) of the
applicable minimum wage rate prescribed herein.cralaw:red
All
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 the
minimum wage rate in this Order pursuant to R.A. 7277.cralaw:red
Sec. 11.
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
Sec. 12.
EFFECT 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
increase to employees affected by the Order in the event such Order is
affirmed.cralaw:red
Sec. 13.
EFFECTS ON EXISTING WAGE STRUCTURE. Where the application
of the wage increase prescribed in the Order results in distortion in
the wage structure within the establishment it shall be corrected in
accordance with the procedure under Art. 124 of the Labor Code, as
amended.cralaw:red
Sec. 14.
COMPLAINTS FOR NON-COMPLIANCE. Complaints for
non-compliance with this Order shall be filed with the Regional Office
of the Department of Labor and Employment (DOLE) and shall be 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.cralaw:red
Sec. 15.
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 laws, decrees, issuances, executive orders
and/or under any contract or agreement between the workers and
employers or employer practices or policies.cralaw:red
Sec. 16. PENAL
PROVISION. Any person, corporation, trust or firm,
partnership, association or entity which refuses or fails to pay the
prescribed wage increase/allowance/rates in accordance with this Order
shall be subject to the penal provisions under RA 6727, as amended by
RA 8188.cralaw:red
Sec. 17.
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. 18.
FREEDOM TO BARGAIN. This Order shall not be construed to
prevent workers in particular firms or enterprises of industries from
bargaining for higher wages with their respective employers.cralaw:red
Sec. 19.
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. 20.
REPEALING CLAUSE. All orders, issuances, rules and
regulations or parts thereof inconsistent with the provisions of this
Wage Order are hereby repealed, amended or modified accordingly.cralaw:red
Sec. 21.
SEPARABILITY CLAUSE. If, for any reason, any Sec. or
provision of this Order is declared unconstitutional or illegal, the
other provisions or parts shall remain valid.cralaw:red
Sec. 22.
IMPLEMENTING RULES. The Board shall prepare the necessary
rules to implement this Order subject to the approval of the Secretary
of Labor and Employment.cralaw:red
Sec. 23.
EFFECTIVITY. This Order shall take effect fifteen (15)
days after its publication in at least one (1) newspaper of general
circulation in the region.
APPROVED
: 05 October 2007.
(SGD)
MARCELO S. TAN
Employer Representative |
(SGD)
JOSE P. DIZON
Labor Representative |
(SGD)
EDGARDO T. NAVAROZA
Employer Representative |
VACANT
Labor Representative |
(SGD)
DIR. JOCELYN L.B. BLANCO
Vice Chairman |
(SGD)
DIR. GERELYN BARNEG
Vice Chairman |
(SGD)
DIR. ERNESTO BIHIS
Chairman
Published on November 15, 2007 at
Bicol Mail
Effectivity: November 30, 2007
|
Republic of the Philippines
Department of Labor and Employment
National Wages and Productivity Commission
REGIONAL TRIPARTITE WAGES AND PRODUCTIVITY BOARD
Regional Office No. V
Legazpi City
RULES IMPLEMENTING WAGE ORDER NO. RB V-12
Rule I - General Provisions
P
ursuant
to Sec. 6, Rule IV of the NWPC Amended Rules of Procedure on
Minimum
Wage Fixing and Sec. 22 of Wage Order No. RB V-12, the following
rules are hereby issued for the guidance and compliance by all
concerned.
Sec.
1. Title. This Rules shall be known as the “Rules
Implementing Wage Order No. RB V-12”.
Sec.
2. Definition of Terms.
-
“Order”
means Wage Order No. RB V-12;
- “Commission” refers to the
National Wages and Productivity Commission;
- "Board” refers to the
Regional Tripartite Wages and Productivity Board in Region V;
- “Department” refers to the
Department of Labor and Employment;
-
"Region V” covers the
Provinces of Albay, Camarines Norte, Camarines Sur, Catanduanes,
Masbate, Sorsogon and the Cities of Iriga, Legazpi, Ligao, Masbate,
Naga, Sorsogon and Tabaco;
-
“Agriculture” refers to
farming in all its branches and among others, includes cultivation and
tillage of the soil, production, cultivation, growing and harvesting of
any agricultural commodity, dairying, raising of livestock or poultry,
the culture of fish and other aquatic products in farms or ponds, and
any activities performed by a farmer or on a farm as an incident to or
in conjunction with such farming operations but does not include the
manufacturing and/or processing of sugar, coconut, abaca, tobacco,
pineapple, aquatic or other farm products;
-
“Plantation Agricultural
Enterprise” is one engaged in agriculture with an area of more
than 24 hectares in a locality or which employs at least twenty (20)
workers. Any other agricultural enterprise shall be considered as
“Non-Plantation Agricultural Enterprise”;
-
“Establishment” refers
to an economic unit that engages in one or predominantly one kind of
economic activity at a single fixed location. For purposes of
determining eligibility for exemption, establishments under the same
owner but are separately registered with the LGU, SEC, DTI or CDA as
the case may be irrespective of their location shall be treated as
individual and distinct establishment;
-
"Barangay Micro Business
Enterprise” refers to any business entity registered and
issued a Certificate of Authority in accordance with R.A. 9178;
-
“Cottage/Handicraft Establishment”
is one engaged in an economic endeavor in which the products are
primarily done in the home or such other places for profit which
requires manual dexterity and craftsmanship;
-
“Basic Wage” means all
remuneration or earnings paid by an employer to a worker for services
rendered on normal working days and hours but does not include
cost-of-living allowances, profit-sharing payments, overtime and
premium payments, 13th month pay or other monetary benefits which are
not considered as part of nor integrated into the regular salary of the
employees on the date the Order became effective;
-
“Minimum Wage Rate”
refers to the lowest wage rate that an employer can pay his worker;
-
“Wage
Distortion” means a situation where the application of the
wage increase prescribed in a Wage Order, results in the elimination or
severe contraction of intentional quantitative differences in wage or
salary rates between and among employee groups in an establishment as
to effectively obliterate the distinctions embodied in such wage
structure based on skills, length of service, or other logical
bases of differentiation;
Rule II - The New Minimum Wage Rates
Sec. 1. AMOUNT OF INCREASE.
Effective
November 30, 2007, all covered workers shall be granted an increase of
SIX PESOS (P6.00) per day in their basic wage.cralaw:red
Sec. 2. THE NEW MINIMUM WAGE RATES.
Effective November 30, 2007,
the new minimum wage rates in the region shall be as follows:cralaw:red
SECTORS/AREA |
Cities of Legazpi, Naga,
Iriga Tabacco and Municipalities of Pili and Daraga |
All other areas |
Minimum Wage Rates Under
W.O. No. RB05-11 |
Increase under W.O.
RBV-12 |
New Minimum Wage Rates |
Minimum Wage Rates Under
W.O. No. RB05-11 |
Increase under W.O.
RBV-12 |
New Minimum Wage Rates |
A.
NON-AGRICULTURE |
A.1 Establishments
|
|
|
|
|
|
|
Employing
more than
15 workers |
P220.00
|
P6.00
|
P226.00
|
P208.00
|
P6.00
|
P214.00
|
Employing
11-15 workers |
207.00
|
6.00
|
213.00
|
195.00
|
6.00
|
201.00
|
Employing
not more than
10 workers |
189.00
|
6.00
|
195.00
|
177.00
|
6.00
|
183.00
|
A.2 Cottage/Handicraft |
|
|
|
|
|
|
Employing 20
or more
workers |
195.00
|
6.00
|
201.00
|
183.00
|
6.00
|
189.00
|
Employing
less than20
workers |
185.00
|
6.00
|
191.00
|
173.00
|
6.00
|
179.00
|
B. AGRICULTURE |
Plantation |
198.00
|
6.00
|
204.00
|
188.00
|
6.00
|
194.00
|
Non-Plantation |
178.00
|
6.00
|
184.00
|
168.00
|
6.00
|
174.00
|
Sec. 3. Coverage.
The new minimum wage rates prescribed in the
Order shall apply to all minimum wage earners in the private sector in
the region, regardless of their positions, designations or status of
employment and irrespective of the method by which their wages are paid.cralaw:red
Excluded
from the coverage of the 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
(BMBEs) with Certificates of Authority pursuant to R.A. 9178.cralaw:red
Sec. 4. Basis of Minimum
Wage Rates. The new minimum wage rates
prescribed under the 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 the 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 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.cralaw:red
Sec. 6. Creditable Wage
Increase. Wage increases granted by an
employer within three (3) months before the effectivity of the Order
shall be credited as compliance herewith. Where the wage increases
granted are less than that prescribed under the Order, the employer
shall pay the difference.cralaw:red
Anniversary
wage increases provided in collective bargaining agreements, merit wage
increases and those resulting from the regularization or promotion of
employees shall not be credited as compliance herewith.cralaw:red
Benefits
derived from productivity gain-sharing schemes shall not be credited as
compliance.cralaw:red
Sec. 7. Application to
Private Educational Institution. In the case
of private educational institutions, the share of covered workers and
employees in the increase in tuition fees for School Year 2007-2008
shall be considered as 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:red
Private
education institutions, which 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.cralaw:red
In
any case, all private educational institutions shall implement the wage
rates prescribed herein starting School Year 2008-2009.cralaw:red
Sec. 8. Workers Paid by
Results. All workers paid by results,
including those who are on piecework, “takay”, “pakyaw”, or task basis,
shall receive not less than the applicable minimum wage rates
prescribed under the Order for the normal working hours which shall not
exceed eight (8) hours work a day, or a proportion thereof for work of
less than the normal working hours.cralaw:red
Sec. 9. Application to
Contractors. In the case of contracts for
construction projects and for security and janitorial services, the
prescribed minimum wage rates shall be borne by the principals or
clients of the constructions/service contractors and the contracts
shall be deemed amended accordingly. In the event, however, that the
principal or client fails to pay the prescribed minimum wage rates, the
construction/service contractor shall be jointly and severally liable
with his principal or client.cralaw:red
Sec. 10. Wages of
Special Groups of Workers. Apprentices and
learners shall receive not less than seventy-five percent (75%) of the
applicable minimum wage rate prescribed herein.cralaw:red
All
learnership and apprenticeship agreements entered into before the
effectivity of the Order shall be considered automatically modified
insofar as their wage clauses are concerned to reflect the new
prescribed wage rate.cralaw:red
All
qualified handicapped workers shall receive the full amount of the
minimum wage rate in the Order pursuant to R.A. 7277.cralaw:red
Sec. 11. Suggested
Formula in Determining the Equivalent Monthly Regional
Minimum Wage Rates. Without prejudice to existing company
practices, agreements or policies, the following formula may be used as
guides in determining the equivalent monthly minimum wage rates:
A. For those
who are required to work everyday including Sundays or rest days,
special days and regular holidays:
Equivalent
Monthly
Rate (EMR) |
|
|
=
Applicable Daily Wage
Rate (ADR) |
x 392.5 days/12 |
|
|
Where
392.5 days are: |
299.0 |
|
days - ordinary
working
days
|
|
22.0 |
|
days - 11
regular
holidays x 200%
|
|
67.6 |
|
days - 52 rest
days x 130%
|
|
3.9 |
|
days - 3
special days x
130%
|
|
|
|
|
|
392.5 |
|
days - Total
no. of days
/ year
|
B. For
those who do not work but are considered paid on rest days, special
days and regular holiday:
EMR = ADR x 365 days / 12
Where
365 days are: |
299 |
|
days
- ordinary working days |
|
52 |
|
days - Sundays /
rest days |
|
11 |
|
days - regular
holidays |
|
3 |
|
days - special
days |
|
|
|
|
|
365 |
|
days - Total no.
of days / year |
C. For
those who do not work and are not considered paid on Sundays or rest
days:
EMR = ADR x 313 days / 12
Where
313 days/year |
299 |
|
days - ordinary
working
days
|
|
1 |
|
days - regular
holidays
|
|
3 |
|
days - 3
Special days (if
worked) x 130%
|
|
|
|
|
|
313 |
|
days - Total
no. of days
/ year
|
D. For those
who do not work and are not considered paid on Saturdays and Sundays or
rest days:
EMR = ADR x 261 days / 12
Where
261 days/year |
247 |
|
days
-
ordinary working days |
|
11 |
|
days
- regular holidays |
|
3 |
|
days
- 3 Special days (if
worked) x 130% |
|
|
|
|
|
261 |
|
days
- Total no. of days /
year |
Sec. 12. Mobile and Branch Workers.
The prescribed minimum wage
rates of workers, who by the nature of their work have to travel, shall
be those applicable in the domicile or head office of the employer.cralaw:red
The
minimum wage rates of workers working in branches or agencies of
establishments within the Region shall be those applicable in the place
where they are stationed.cralaw:red
Sec. 13. Transfer of Personnel.
The transfer of personnel to areas
outside the Region shall not be a valid ground for the reduction of the
wage rates being enjoyed by the workers prior to such transfer. The
workers transferred to other regions with higher wage rates shall be
entitled to the minimum wage rates applicable therein.cralaw:red
Sec. 14. Appeal to the
Commission. Any party aggrieved by the Wage
Order may file an appeal with the Commission through the Board within
ten (10) calendar days from its publication. The Commission shall
decide the appeal within sixty (60) calendar days from the date of
filing. The appeal shall be accompanied by a memorandum of appeal which
shall state the grounds relied upon and the arguments in support of the
appeal.cralaw:red
Sec. 15. Effect 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 to employees affected by the
Order of the corresponding minimum wage rates, in the event such Order
is affirmed.cralaw:red
Rule III - Special
Provisions
Sec. 1. Effect on Existing Wage
Structure. Should any dispute
arise as a result of wage distortion, the employer and the union shall
negotiate to correct the distortions through the grievance procedure
under their collective bargaining agreement, and if it remains
unresolved, through voluntary arbitration. Unless otherwise agreed by
the parties in writing, such disputes shall be decided by the voluntary
arbitrator or panel of voluntary arbitrators within ten (10) calendar
days from the time said dispute is referred to voluntary arbitration.cralaw:red
In
cases where there are no collective bargaining agreements or recognized
labor unions, the employers and workers shall endeavor to correct such
distortions. Any dispute arising there from shall be settled through
the National Conciliation and Mediation Board (NCMB) and if it remains
unresolved after ten (10) calendar days of conciliation, the same shall
be referred to the appropriate branch of the National Labor Relation
Commission (NLRC). The NLRC shall conduct continuous hearings and
decide the dispute within twenty (20) calendar days from the time said
dispute is submitted for compulsory arbitration.cralaw:red
The
pendency of a dispute arising from wage distortion shall not in any way
delay the applicability of any increase prescribed in the Order.cralaw:red
Sec. 2. Complaints for Non-Compliance. Complaints
for
non-compliance with the Order shall be filed with the Regional Office
of the Department having jurisdiction over the workplace and shall be
subject of enforcement proceedings under Article 128 of the Labor Code,
as amended. Sec. 3. Conduct
of Inspection by the Department. The Department
shall conduct inspections of establishments, as often as necessary, to
determine whether the workers are paid the prescribed wage rates,
allowances and other benefits granted by law, any Wage Order or
employer practices or policies. In the conduct of inspection in
unionized companies, Department inspectors shall always be accompanied
by the president or other responsible officer of the recognized
bargaining unit. In the case of non-unionized establishments, a worker
representing the workers in the said company will accompany the
inspector.cralaw:red
The
workers’ representative shall have the right to submit his own findings
to the Department and to testify on the same if he does not concur with
the findings of the labor inspector.cralaw:red
Sec. 4. Non-diminution of Benefits.
Nothing in the Order and this
Rules shall be construed to reduce any existing wage rates, allowances
and benefits of any form under existing laws, decrees, issuances,
executive orders, and/or under any contract or agreement between the
workers and the employers or employer practices or policies.cralaw:red
Sec. 5. Penal Provision.
Pursuant to the provisions of Sec. 12
of RA 6727, as amended by RA 8188, any person, corporation, trust,
firm, partnership, association or entity which refuses or fails to pay
the prescribed increase in the Order shall be punished by a fine of not
less than Twenty-five thousand pesos (P25,000.00) nor more than One
hundred thousand pesos (P100,000.00) or imprisonment of not less than
two (2) years nor more than four (4) years or both such fine and
imprisonment at the discretion of the court. Provided, that any person
convicted under the Order shall not be entitled to the benefits
provided for under the Probation Law.cralaw:red
If
the violation is committed by a corporation, trust or firms,
partnership, association or any entity, the penalty of imprisonment
shall be imposed upon the entity’s responsible officers, including but
not limited to the president, vice-president, chief executive officer,
general manager, managing director or partner.cralaw:red
Sec. 6. 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. 7. Freedom to Bargain.
The Order shall not be construed to
prevent workers in particular firms or enterprises of industries from
bargaining for higher wages and flexible working arrangements with
their respective employers.cralaw:red
Sec. 8. Reporting Requirements. 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. 9. Repealing
Clause. All orders, issuances, rules and
regulations on wage, or parts thereof inconsistent with the provisions
of the Wage Order and this Rules are hereby repealed, amended or
modified accordingly.cralaw:red
Sec. 10. Separability
Clause. If any provision or part of the Order
and this Rules, or the application thereof to any person or
circumstance is held invalid or unconstitutional, the remainder of the
Order and this Rules or the application of such provision or part
thereof to other persons or circumstances shall not be affected thereby.cralaw:red
Sec. 11. Effectivity of Rules.
This Rules shall take effect on
November 30, 2007.
APPROVED:
05 October 2007.
(SGD)
MARCELO S. TAN
Employer Representative
|
(SGD)
JOSE P. DIZON
Labor Representative
|
(SGD)
EDGARDO T. NAVAROZA
Employer Representative
|
VACANT
Labor Representative
|
(SGD)
DIR. JOCELYN L.B. BLANCO
Vice Chairman
|
(SGD)
DIR. GERELYN BALNEG
Vice Chairman
|
(SGD)
DIR. ERNESTO BIHIS
Chairman
| |