Republic of the
Philippines
Department of Labor and Employment
National Wages and Productivity Commission
REGIONAL TRIPARTITE WAGES AND PRODUCTIVITY BOARD - IX
Regional Office No. 9
Zamboanga City
WAGE ORDER NO. RIX - I4
IMPLEMENTING
RULES & REGULATIONS
PRESCRIBING FOR THE GRANT OF COST OF
LIVING ALLOWANCE (COLA)
IN ZAMBOANGA PENINSULA REGION
WHEREAS,
Republic Act No. 6727, otherwise known as the Wage Rationalization Act
of 1989, empowers the Regional Tripartite Wages and Productivity Boards
(RTWPBs) to determine and fix minimum wage rates applicable in their
respective regions and to issue the corresponding wage orders
subject
to the guidelines issued by the National Wages and Productivity
Commission (NWPC);chanroblesvirtualawlibrary
WHEREAS,
the Regional Board, in the exercise of its wage fixing function and in
order to determine whether or not there is a need to adjust the minimum
wage levels in the region, motu proprio conducted public
consultations/hearings in Ipil, Zamboanga Sibugay Province on 10
July
2007; in Dipolog City on 11 July 2007; in Pagadian City on 12 July
2007; in Isabela City on 17 July 2007; and in Zamboanga City on 18
July
2007, where both labor and management sectors had the opportunity to
present and support their respective positions;chanroblesvirtualawlibrary
WHEREAS,
based on the results of the wage consultation/hearings and the Board’s
study on the socio-economic factors in the region, this Regional Board
deems it necessary to adjust the minimum wage rates in Region-IX
without hampering, however, the viability of businesses and industries;chanroblesvirtualawlibrary
WHEREAS,
consistent with the government’s policy of achieving higher levels of
productivity, this Regional Board enjoins the workers and business
enterprises towards competitiveness through continuous productivity
improvement and gainsharing programs;chanroblesvirtualawlibrary
NOW, THEREFORE,
considering the above premises and by virtue of the power and authority
vested under Republic Act No. 6727 otherwise known as Wage
Rationalization Act of 1989, this Regional Tripartite Wages and
Productivity Board–IX, hereby issues this Wage Order No. RIX- 14:cralaw:red
Section 1. AMOUNT OF THE COST OF LIVING ALLOWANCE.
Upon the effectivity of this Wage Order:
- All
minimum wage workers and employees in the private sector in the region
shall receive an additional cost - of- living allowance in the amount
of Php 10.00 (Ten Pesos) per day.
- The daily regional minimum wage rates shall be as
follows:
CATEGORY/SECTOR |
Basic Wage under Wage
Order No. RIX -13 |
COLA
under W. O. No. R1X-14 |
New Daily
Minimum Wage Rate
|
1.
NON-AGRICULTURAL |
Includes
private
hospital, educational institutions, security
agencies, janitorial, retail/service
establishments employing more
than 30 workers |
P215.00
|
P10.00
|
P225.00
|
2. AGRICULTURAL |
Includes
rubber-based enterprises |
|
|
|
-
Plantation Agricultural
Enterprise |
190.00
|
10.00
|
200.00
|
-
Non-Plantation Agricultural
Enterprise |
170.00
|
10.00
|
180.00
|
3.
RETAIL /
SERVICE ESTABLISHMENT |
Employing not more than 30 workers |
195.00
|
10.00
|
205.00
|
4.
COTTAGE/HANDICRAFT |
170.00 |
10.00 |
180.00 |
c) After
one (1) year from the effectivity of this Wage Order, the Regional
Board shall assess/review the
effects of the TEN PESOS COLA for
a possible integration into the
basic minimum wage.
Sec.
2. COVERAGE. The
prescribed wage increase under this Wage Order shall apply to all
workers and employees in the private sector receiving the minimum wage
rates in Region-IX, regardless of position, designation or status of
employment and irrespective of the method by which their wages are
paid. chanroblesvirtualawlibrary
Not covered
in this Wage Order are household or domestic helpers; persons employed
in the personal service of another, including family drivers; and
employees and workers of registered Barangay Micro Business Enterprises
(BMBEs) with Certificate of Authority pursuant to R. A. 9178.
Sec. 3. BASIS OF
MINIMUM WAGE. The
minimum wage rates prescribed herein shall be for the normal working
hours, which shall not exceed eight (8) hours work a day.
Sec. 4. WAGES OF SPECIAL
GROUPS OF WORKERS.
Wages of apprentices and learners shall in no case be less than seventy
five percent (75%) of the applicable minimum wage prescribed by this
Wage Order.
All
recognized learnership and apprenticeship agreements entered into
before the effectivity of this Order shall be considered as
automatically modified insofar as their wage clauses are concerned to
reflect the prescribed COLA under this Order. chanroblesvirtualawlibrary
All qualified handicapped workers
shall receive the prescribed
minimum wage rate pursuant to R. A. 7277. chanroblesvirtualawlibrary
Sec. 5. EXEMPTION. Application
for exemption from this Wage Order shall not be considered.
Sec. 6. APPLICATION TO
CONTRACTORS.
In case of contracts for construction projects, security, janitorial
and other similar services, the increase in the minimum wage prescribed
herein shall be borne by the principal or client of the contractor and
the contract shall be deemed amended accordingly as mandated by the
Labor Code.
In the event, however, that
the
principal or client fails to pay the prescribed wage rates, the
construction/service contractor shall be jointly and severally liable
with his principal or client.
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
applicable minimum wage rates prescribed
herein. However, payment of
any difference shall be given starting School Year 2008-2009.
Private educational institutions
which do not increase
their tuition fees for 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 minimum wage rates prescribed herein starting
School Year
2008-2009.
Sec. 8. APPLICATION
TO WORKERS PAID BY RESULTS. All workers/employees paid by
results, including those who are paid on piecework, takay, pakyaw,
or task basis, shall receive not less than the applicable regional
minimum wage rates prescribed under the Order for the normal working
hours which may not exceed eight hours work a day, or a proportion
thereof for work of less than the normal working hours.
Sec. 9. APPLICATION TO
INDUSTRIES WHOSE REVENUES ARE REGULARLY REGULATED BY LAW.
Industries whose revenues are regulated by law (such as
arrastre,
transportation utilities, etc.) shall comply with this Wage Order
immediately upon approval of an adjustment in their
rates by the
concerned government agencies , but not later than three (3)
months from effectivity of this Wage Order
Sec. 10. MOBILE AND
BRANCH WORKERS. The
minimum wage rate of workers, who by nature of their work have to
travel, shall be those applicable in the domicile or head office of
their employer. chanroblesvirtualawlibrary
The minimum wage rate of workers
working in branches or agencies of establishments shall be those
applicable in the place where they are stationed. chanroblesvirtualawlibrary
Sec. 11. TRANSFER
OF PERSONNEL. The
transfer of personnel to areas with lower rates shall in no case be a
valid ground for the reduction of the higher wage rates being enjoyed
by the worker prior to such transfer. However, where the worker is
transferred to an area with higher minimum wage rate, he or she shall
be entitled to the higher minimum wage rate.
Sec. 12. APPEAL TO THE
COMMISSION.
Any party aggrieved by this Wage Order may file a verified appeal with
the National Wages and Productivity Commission (NWPC) through the
Regional Wages and Productivity Board (RTWPB) within ten (10) calendar
days from the publication of this Wage Order. chanroblesvirtualawlibrary
Sec. 13. EFFECT OF
FILING OF APPEAL.
The filing of an 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 this
Wage Order in the event such Order is affirmed. chanroblesvirtualawlibrary
Sec. 14. EFFECT ON
EXISTING WAGE STRUCTURE.
Where the application of the increase in wage under this Wage Order
results in distortion of the 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.
Sec. 15. COMPLAINTS FOR
NON-COMPLIANCE.
Complaints for non-compliance with this Wage Order shall be filed with
Regional Office No. IX of the Department of Labor and Employment and
shall be the subject of enforcement proceedings under Articles 128 and
129 of the Labor Code, as amended, without prejudice to criminal
prosecution which may be undertaken against those who fail to
comply. chanroblesvirtualawlibrary
Sec. 16. 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 techniques, ISTIV,
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 otherwise known as the Productivity Incentives Act of 1990. chanroblesvirtualawlibrary
Sec. 17. NON-DIMINUTION
OF BENEFITS.
Nothing in this Wage Order shall be construed to reduce existing wage
rates, allowances and benefits of any form under existing laws,
decrees, issuance, and executive orders and/or under any contract of
agreement between workers and employers. chanroblesvirtualawlibrary
Sec. 18. PENAL PROVISION. Any
person, corporation, trust or firm, partnership, association or entity
which refuses or fails to pay the prescribed minimum wage rates in
accordance with this Wage Order shall be subject to the penal provision
under RA 6727, as amended by RA 8188 otherwise known as the Double
Indemnity Act of 1996.
Sec. 19. PROHIBITION
AGAINST INJUNCTION. No
preliminary or permanent injunction or temporary restraining order may
be issued by any court, tribunal or other entity against any proceeding
before the Board. chanroblesvirtualawlibrary
Sec. 20. FREEDOM TO
BARGAIN.
This Wage Order shall not be construed to prevent workers in particular
firms or enterprises or industries from bargaining for higher wages
with their respective employers.
Sec. 21. 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 31 January 2008 and every year
thereafter in accordance with the form prescribed by the
Commission. chanroblesvirtualawlibrary
Sec. 22. 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.
Sec.
23. SEPARABILITY CLAUSE. If,
for any reason, any Sec. or provision of this Order is declared
unconstitutional or illegal, the other provisions or parts thereof
shall remain valid.
Sec.
24. IMPLEMENTING RULES AND REGULATIONS
The Regional Board shall prepare the necessary implementing rules
and
regulations to implement this Wage Order subject to the approval
of the
Secretary of Labor and Employment. chanroblesvirtualawlibrary
Sec.
25. EFFECTIVITY. This
Wage Order shall take effect fifteen (15) days after complete
publication in a newspaper of general circulation in the region.
APPROVED
this 26th day of
December 2007, in Zamboanga City, Philippines.
(Sgd.) EDGAR B. LIM, CPA
Member, Employers’
Representative |
(Sgd.) JOSE J. SUAN Member, Workers’ Representative
|
(Sgd.)
ROBERTO
G. VALERO
Member, Employers’ Representative |
(Sgd.)
GREGORIO DELA PENA
Member, Workers’
Representative |
(Sgd.)
RAFAEL
G. EVANGELISTA, JR.
Vice-Chairman and NEDA-IX
Director IV |
(Sgd.)
NAZRULLAH. B. MANZUR
Vice-Chairman and DTI-IX
Director IV |
(Sgd.)
CARLOS
L. BOTEROS
Chairman and DOLE-IX
Director IV |
Published on January 11, 2008 at Zamboanga Today
EFFECTIVITY DATE: January 26,
2008.
|