Minimum Wage Rates
Region IV-B MIMAROPA

               

Republic of the Philippines

Department of Labor and Employment

National Wages and Productivity Commission

REGIONAL TRIPARTITE WAGES AND PRODUCTIVITY BOARD

REGION IV-B - MIMAROPA

Calapan City, Oriental Mindoro

WAGE ORDER NO. IV-B-06

                                                                                                                           

SETTING NEW MINIMUM WAGE RATES IN REGION IV-B  
        WHEREAS, the Regional Tripartite Wages and Productivity Board IV-B is mandated under R. A. 6727 (the Wage Rationalization Act), to periodically assess wage rates and conduct continuing studies in the determination of the minimum wage applicable in the region;

             WHEREAS, Wage Order No. IV-B-05 is on its 2nd year of effectivity and considering the increases of prices of basic and prime commodities and other expenses, the Board has deemed it necessary to review, motu proprio, the existing minimum wage rates in the Region there being no petition filed;

             WHEREAS, as part of its motu proprio review, the Board conducted consultations and public hearings with representatives from labor, employer and government sectors on 30 May 2012,  20 June 2012, 08 August 2012, and 26 September 2012 for the Province of Oriental Mindoro in Calapan City, for the Province of Palawan in Puerto Princesa City, for the Province of Occidental Mindoro in San Jose, and for the Province of Romblon in Odiongan, respectively, to determine the propriety of issuing a new wage order;

              WHEREAS, considering the results of the sectoral consultations, public hearings and the changes in the socio-economic indicators in the region, the Board has decided to provide workers with immediate relief to cope with the rising cost of living without impairing the viability of business and industry;

             WHEREAS,  the Board deemed it wise to increase the minimum wage so that it reaches a decent level above the poverty threshold but still be reasonable, moderate and equitable;

              WHEREAS, the Board collectively agreed to restructure the current wage order to simplify the grouping and improve the implementation of the Wage Order;

               WHEREAS, the Board also considered to provide separate classification for first class municipalities of MIMAROPA taking into consideration the economic activity or income classification as contained in National Statistical Coordination Board list of municipalities by income class.

              NOW, THEREFORE, the REGIONAL TRIPARTITE WAGES AND PRODUCTIVITY BOARD, REGION IV-B (MIMAROPA), by virtue of the powers granted to it under Republic Act No. 6727, otherwise known as the Wage Rationalization Act, hereby issues this Wage Order:

 Section 1. NEW MINIMUM WAGE RATES. Upon effectivity of this Wage Order, the new daily minimum wage rates of covered workers in the private sector in MIMAROPA shall be as follows:

 

Industry Sector

AREAS


Highly Urbanized City (Puerto Princesa)

Calapan City, Puerto Galera, El Nido & Coron

First Class Municipalities of MIMAROPA

The Rest of the Region


 

Basic

COLA

TOTAL

Basic

COLA

TOTAL

Basic

COLA

TOTAL

Basic

COLA

TOTAL


NON-AGRICULTURE

 

 

 

 

 

 

 

 

 

 

 

 


Industry/Services

 

 

 

 

 

 

 

 

 

 

 

 


Establishments with more than 10 workers

270.00

5.00

275.00

265.00

5.00

270.00

255.00

5.00

260.00

250.00

5.00

255.00



Establishments with 10 workers & below

210.00

5.00

215.00

205.00

5.00

210.00

202.00

5.00

207.00

200.00

5.00

205.00




AGRICULTURE

220.00

5.00

225.00

220.00

5.00

225.00

210.00

5.00

215.00

210.00

5.00

215.00


 However, non-agricultural establishments employing not more than ten (10) workers already paying the P259 or P247 in Basic Wage and P5 in Cost of Living Allowance (P264 or P252) shall continue to pay the P264 or P252 minimum wage rates mandated under Wage Order IV-B-05.

             Section 2. COVERAGE. The wage increase prescribed in this Order shall apply to all private sector minimum wage workers in the region, regardless of their position, designation or status of employment and irrespective of the method by which their wages are paid.

             This Wage Order shall not cover household or domestic helpers, persons in the personal service of another including family drivers and workers of duly registered Barangay Micro-Business Enterprises with Certificate of Authority, pursuant to R.A. 9178.

 Section  3.  BASIS OF MINIMUM WAGE RATES. The minimum wage rates prescribed under this Order shall be for the normal working hours which shall not exceed eight (8) hours of work a day.

 Section 4.  APPLICATION TO WORKERS PAID BY RESULT. All workers paid by result, including those who are paid on piecework, “takay”, “pakyaw” or task basis shall be entitled to receive the prescribed minimum wage rate for eight (8) normal working hours a day, or a proportion thereof for working less than eight (8) hours.

Section 5. APPLICATION TO SPECIAL GROUPS OF WORKERS. Apprentices and learners shall receive not less than seventy five (75%) percent of the applicable minimum wage rates prescribed in this Order.

 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.

 All qualified handicapped workers shall receive the full amount of the minimum wage rate prescribed herein pursuant to R. A. 7277, otherwise known as Magna Carta for Disabled Persons.

       Section  6APPLICATION TO CONTRACTORS/SUB-CONTRACTORS.  In the case of contracts for construction, security, janitorial and similar services, the prescribed minimum wage rates for covered workers shall be borne by the principal or clients thereof, and the contracts shall be deemed amended accordingly.  If the principal or client fails to pay the prescribed minimum wage rates, the construction/service contractors shall be jointly and severally liable with the principal or client.

Section 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 2013-2014 shall be considered as compliance with the minimum wage rates prescribed in this Order.  However, payment of any shortfall in the minimum wage rates set forth in the Order shall be covered starting School Year 2014-2015.

 Private educational institutions, which have not increased their tuition fees for the School Year 2013-2014, may defer compliance with the provisions of this Order.

 In any case, all private educational institutions shall implement the minimum wage rate prescribed herein starting School Year 2014-2015.

             Section 8. APPLICATION TO MOBILE, BRANCH AND TRANSFERRED EMPLOYEES. The 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. For those workers working in branches or agencies of establishments in or outside the Region, the minimum wage rates shall be those applicable in the place where they are stationed or based.

The transfer of personnel from a high rate city/municipality to a lower rate city/municipality shall not be a valid ground for the reduction of the wage rates being enjoyed by the workers prior to such   transfer.   Workers   transferred   from   a   lower   rate municipality to a higher rate municipality shall be entitled to   the   minimum wage rates applicable therein.

 Section  9CREDITABLE WAGE INCREASE. Wage increases granted by an employer  in  an  organized  establishment within three (3) months prior to the  effectivity of this Order shall be credited as compliance with the prescribed increase set forth herein, if expressly provided for and agreed upon in a collective bargaining agreement. 

            In unorganized establishments, wage increases granted by the employer within three (3) months prior to the effectivity of this Order shall be credited as compliance therewith. 

 If such increases are less than the prescribed minimum wage increase herein, the employer shall pay the difference.  Such increases shall not include anniversary wage increases, merit wage increases and those resulting from the regularization or promotion of employees.

 Section  10EFFECT ON EXISTING WAGE STRUCTURE.  Where the application of the wage increases prescribed in this Order results in distortion in the wage structure within the establishment, it shall be corrected in accordance with the procedure under Article 124 of the Labor Code, as amended. 

  Section  11PRODUCTIVITY-BASED WAGES.  In order to sustain rising levels of wages and enhance competitiveness, private businesses are encouraged to adopt productivity improvement schemes such as Service Quality for the Supply Chain in the Tourism Industry, ISTIV Productivity Awareness Program, 5S good housekeeping, time and motion studies, as well as implement green productivity and gain-sharing programs and other related productivity incentive schemes.  Accordingly, the Board shall provide the necessary studies and technical assistance, pursuant to Republic Act No. 6971 or the Productivity Incentives Act of 1990.

 Section  12. EXEMPTION. This Wage Order shall not allow exemption from compliance with the provisions of this Order.

 Section 13. APPEAL TO THE COMMISSIONAny party aggrieved by the Wage Order may file a verified appeal with the Commission through the Board within ten (10) calendar days from the publication of this Order.

 Section  14. EFFECT OF FILING AN 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 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.

 Section 15. COMPLAINTS FOR NON-COMPLIANCE. Complaints for non-compliance with the 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 and 129 of Labor Code, as amended without prejudice to criminal prosecution which may be undertaken against those who fail to comply.

 Section 16. NON-DIMINUTION OF BENEFITS. Nothing in this Order shall be construed to reduce any existing wage rates, allowances or other benefits under existing laws, decrees, issuances and executive orders and/or under any contract or agreement between workers and employers.

          Section 17. FREEDOM TO BARGAIN. This Order shall not be construed to prevent workers in particular firms or enterprises or industries from bargaining for higher wages with their respective employers.

 Section 18. REPORTING REQUIREMENTS. Any person, company, corporation, partnership or any entity engaged in business shall submit an itemized listing under oath of their labor component to the Board not later than January 31, 2013 and every year thereafter in accordance with the form prescribed by the National Wages and Productivity Commission.

 Section  19. PENAL PROVISION.  Any employer who refuses or fails to pay the minimum wage rate prescribed in this Order shall be subject to the penalties imposed under R.A. 6727, as amended by R.A. 8188.

 Section  20. 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.

 Section 21. 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.

 Section 22. SEPARABILITY CLAUSE. If any provision or part of this Wage Order is declared unconstitutional, or in conflict with existing law, the other provisions or parts thereof shall remain valid.

 Section 23IMPLEMENTATION OF TIER-TWO.  On a voluntary basis and upon effectivity of this Order, employers who recognize and value the contribution of their workers may provide productivity and incentives based pay to them based on indicators like business performance, labor productivity, work behaviour, competitiveness of establishments, among others.

 The Board shall issue an Advisory in accordance with NWPC Guidelines No. 2 Series of 2012 “Guidelines on the Implementation of the Two-Tiered Wage System”.

 Section  24IMPLEMENTING RULES. The Regional Tripartite Wages and Productivity Board IV-B (MIMAROPA) shall submit to the NWPC the necessary Rules and Regulations to implement this Order subject to the approval of the Secretary of Labor and Employment not later than ten (10) days from the publication of the Wage Order.

 Section 25. EFFECTIVITY. This Wage Order shall take effect fifteen (15) days after its publication in a newspaper of general circulation.
 
 
         APPROVED this­­­­ 25th of October, 2012 at Calapan City, Oriental Mindoro, Philippines.

 

 

 

 

(sgd)EMILIO L. LEACHON, JR.

Employers’ Representative

 

 

 

 

(sgd)OSIAS C. NAVARRO

Employers’ Representative


 

   

(sgd)ARTURO A. BASEA

Workers’ Representative

(sgd)ROMEO R. ARICA

Workers’ Representative

 

 

 

(sgd)REMIGIO A. MERCADO

 

Vice-Chairman-NEDA

 

 

(sgd)JOEL B. VALERA

 

Vice-Chairman-DTI

 

 

(sgd)MA. ZENAIDA EUSEBIA A. ANGARA

Chairman

 

 

 

            Post: January 17, 2013 : Daily tribune                                   

 




 

 




                                      

 




 

 



                                                                                       

 

 

 

   























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2013-01-17
Dir. Teodoro Delson
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