Republic of the Philippines
Department of
Labor and Employment
National Wages
and Productivity Commission
REGIONAL
TRIPARTITE WAGES AND PRODUCTIVITY BOARD
Cotabato City
WAGE
ORDER
NO. ARMM - 09
IMPLEMENTING
RULES & REGULATIONS
INTEGRATION OF P10.00 COLA TO THE BASIC WAGE AS A NEW
MINIMUM WAGE RATES
WHEREAS,
the Regional Tripartite Wages and Productivity Board- Autonomous Region
in Muslim Mindanao (RTWPB-ARMM) is mandated to determine and fix
minimum wage rates applicable in the
region;
WHEREAS,
there being no petition for wage increase filed by any party the Board
motu propio initiated an action or inquiry to determine whether a wage
order should be issued, by conducting public consultations in the
provinces of Tawi-Tawi on November 27, 2007; Sulu on November 28, 2007;
and in Cotabato City on December 11, 2007;
WHEREAS,
following the policy direction of the RMM Honorable Regional Governnor
DATU ZALDY UY AMPATUAN to attract more foreign and local investments in
the region, the Board decided to integrate the P10.00/day COLA under
Wage Order No. ARMM-09 into the basic wage, in order to augment the
benefits of the workers without much effect to the expenditures of the
establishments, thus, still maintaining the daily minimum wage of
P200.00 prescribed under Wage Order No. ARMM-09;
WHEREAS,
consistent with the government's policy of achieving higher levels of
productivity to promote economic growth and generate employment, there
is the need to give relief to the workers without impairing the
viability of the business establishment as well as the need to build
the capacity of business enterprises to be competitive through
productivity improvement and gain-sharing programs;
NOW,
THEREFORE ,
by virtue of the power and authority vested under Republic Act No.
6727, known as the "Wage Rationalization Act", the Regional Tripartite
Wages and Productivity Board-Autonomous Region in Muslim Mindanao
(RTWPB-ARMM), hereby issues this Wage Order:
Section
1. Integration of COLA.Upon
the effectivity of this Wage Order, the P10.00 per day COLA under W.O.
No. ARMM-09 shall be integrated into the basic wage. The P200.00 daily
minimum wage rate under W.O. No. ARMM-09 shall be maintained, however,
it is now all basic wage.
Sec.
2. Non-Wage Benefits.
Establishments may extend non-wage benefits to all workers in the
region as group life insurance, hospitalization, rice allowance, hazard
pay, scholarship, hajj or pilgrim, and the like.
Sec.
3. Coverage. This Wage Order shall apply only to minimum wage
earners in the region, except domestic helpers, family drivers, and
those employed in the personal service of another, and workers in
registered Barangay Micro Business Enterprises with certificates of
authority pursuant to R. A. 9178.
Sec.
4. Productivity Based Wages. In order to
sustain rising levels of wages and enhance competitiveness, businesses
are encouraged strongly 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”.
Sec.
5. Basis of Minimum Wage. The minimum wage rates prescribed
under this Order shall be for the normal working hours, which shall not
exceed eight (8) hours work a day.
Sec.
6. 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 minimum wage rate per eight (8)
hours work a day, or a proportion thereof for working less than eight
(8) hours work a day.
Sec.
7. 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 rates
prescribed in the region.
All
recognized 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.
Sec.
8. 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.
Sec.
9. 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 increase to employees affected by the Order, in the event
such Order is affirmed.
Sec.
10. Exemptions. Upon application with and as determined by the
Regional Board, the following establishments may be exempted from
compliance with this Order for not more than one (1) year subject to
applicable guidelines issued by the Commission:
a.
Establishments adversely affected by natural calamities;
b.
Distressed establishments; and
c.
New business enterprises.
Sec.
11. Complaints for Non-Compliance.
Complaints for non-compliance with this Order shall be filed with 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.
12. Penal Provision. Any person, corporation, trust or firm,
partnership, association or entity which refuses or fails to pay the
wage increase prescribed in this Order, shall be subject to the penal
provisions under R. A. 6727, as amended by R. A. 8188.
Sec. 13. 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.
14. 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.
Sec.
15. 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.
Sec.
16. Repealing Clause. All orders, issuances, rules and
regulations, or parts thereof inconsistent with the provision of this
Wage Order are hereby repealed, amended, or modified accordingly.
Sec.
17. Separability Clause. If, for any reason, any
Section or provision of this Order is declared unconstitutional
or illegal, the
other provisions or parts shall remain valid.
Sec.
18. Implementing Rules. The Board shall prepare the necessary
rules to implement this Order subject to approval of the Regional
Governor of ARMM.
Sec.
19. Effectivity. This Order shall take effect fifteen (15)
days after publication in at least one (1) newspaper of general
circulation in the region.cralaw:red
Approved
this 11th day of December 2007
in
Cotabato City, Philippines.
(SGD.)
HON. ALE
B. TUBA
Member
Workers’ Representative |
(SGD.)
HON.
AMEERAH ROSE P. SIRA
Member
Employers’ Representative |
(Vacant)
Member
Workers’ Representative |
(SGD.)
HON.
DATU HARON U. BANDILA
Member
Employers’ Representative |
(SGD.)
HON.
DIAMADEL E. DUMAGAY
RPDO Executive Director
Vice-Chairman |
(SGD.)
HON.
ISHAK V. MASTURA
DTI Regional Secretary
Vice-Chairman |
(SGD.) HON.
MUSLIMIN A. JAKILAN
DOLE Regional Secretary
Chairman
Published on December
20, 2007 at The Mindanao News Star
Effectivity: January
4, 2008. | |