features the full text ofADMINISTRATIVE
ORDER NO. 2, SERIES OF 1976[Guidelines
on the Implementation of Presidential Decree No. 851]
ORDER NO. 2,SERIES
In the interest
of public service and efficiency, more particularly to facilitate the
of cases involving petitions for exemption, complaints, enforcement and
implementation of P.D.
No. 851 and its implementing
rules and regulations, the following guidelines shall be followed:chanroblesvirtuallawlibrary
1. The Regional
Office concerned shall transmit immediately the petition for exemption
to the Chairman, Wage Commission with comments and recommendations, if
shall contain a sworn statement on the inability to implement the Decree
and the reasons, therefore, and shall be accompanied by the following
true copy of the income tax returns for the last two (2) years;
copy of the financial reports for the last two (2) years filed with the
Government entities, such as the Securities and Exchange Commission,
of Trade, Department of Industries and Board of Investments;
sworn statement of the actual monthly losses not covered by the report
required under paragraph (b) above and such other proofs or documents
may be required by the Chairman, Wage Commission to establish such
2. The Chairman,
Wage Commission and the duly designated staff, shall evaluate all
for exemption and make appropriate recommendations within 20 working
from receipt of the petition to the Secretary of Labor.
enforcement and/or implementation1. All
for non-payment of the 13th-month pay shall be filed with the Field
Division of the Regional Office concerned. The Regional Director shall
direct the said Division to conduct an inspection and investigation in
connection with the complaint filed.
a petition for exemption has been filed, and complaint for
shall be held in abeyance pending the disposition or resolution of the
petition for exemption.
2. The Field
Service Division of the Regional Office concerned shall see to it that
all covered employees comply with P.D.
Director shall submit a monthly progress report of compliance with the
of the Regional Offices shall be submitted to the LSS and BLS, and
contain the following:chanroblesvirtuallawlibrary
(a) The total
number of establishments;
of workers benefited; and
of benefits paid.
3. The Regional
Office shall compile, analyze and evaluate compliance reports and
the listing of establishments on the basis of the reports submitted.
circular, instruction or memorandum or parts thereof, inconsistent
are hereby revoked.
shall take effect immediately.
9 January 1976.
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