WAGE ORDER No. NCR-15 PROVIDING AN INCREASE IN THE MINIMUM WAGE IN THE NATIONAL CAPITAL REGION
(Basis: R.A. 6727 (The Wage Rationalization Act)].
Section 1. NEW MINIMUM WAGE RATES. Upon effectivity of this
Wage Order, all private sector minimum wage workers and employees in the
National Capital Region shall receive an increase in the amount of Twenty
Two Pesos (P22.00) per day.
a) The new daily minimum wage rates of covered workers in the private
sector in the National Capital Region shall be as follows:
Non-Agriculture - P404.00
Agriculture (Plantation and Non
Plantation) - P367.00
Private Hospitals with bed capacity
of 100 or less - P367.00
Retail/Service Establishments
employing 15 workers or less - P367.00
Manufacturing Establishments
regularly employing less than 10
workers - P367.00
Section 2. COVERAGE. The minimum wages prescribed in this
Order shall apply to all minimum wage earners in the private sector in the
Region, regardless of their position, designation or status of employment and
irrespective of the method by which they 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 (BMBEs) with Certificates of
Authority pursuant to Republic Act No.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 CONTRACTORS. In the case of
contracts for construction projects and for security, janitorial and similar
services, the increase prescribed in this Order shall be borne by the principals
or clients of the construction/service contractors and the contract shall be
deemed amended accordingly.
In the event, however, that the principals or clients fail to pay the
prescribed wage rates, the construction/service contractor shall be jointly and
severally liable with his principal or client.
Section 5. 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
2010-2011 shall be considered as compliance with the wage increase
prescribed herein. However, payment of any shortfall in the wage increase set
forth herein shall be covered starting School Year 2011-2012.
Private educational institutions which have not increased their tuition
fees for School Year 2010-2011 may defer compliance with the minimum wage
prescribed herein until the beginning of School Year 2011-2012.
In any case, all private educational institutions shall implement the
Minimum Wage prescribed herein starting School Year 2011-2012.
Section 6. 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 per eight (8) hours
work a day, or a proportion thereof for working less than eight (8) hours.
Section 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 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 minimum wage
rates.
All qualified handicapped workers shall receive the full amount of the
minimum wage rate prescribed herein pursuant to Republic Act No. 7277,
otherwise known as the Magna Carta for Disabled Persons.
Section 8. EXEMPTIONS. Upon application with and as determined
by the Board, based on documentation and other requirements in accordance
with applicable rules and regulations issued by the National Wages and
Productivity Commission (NWPC) the following may be exempted from the
applicability of this Order:
1. Distressed Establishments;
2. Retail/Service Establishments Regularly Employing Not More Than
Ten (10) workers;
3. Establishments whose Total Assets including those arising from loans
but exclusive of the land on which the particular business entity’s
office, plant and equipment are situated, are not more than P3 Million;
4. Establishments Adversely Affected by Natural Calamities.
Section 9. APPEAL TO THE COMMISSION. Any party aggrieved by
this Wage Order may file an appeal to the NWPC, through the Board, in three
(3) printed copies, not later than ten (10) days from the publication of this Wage
Order.
Section 10. CREDITABLE WAGE INCREASE. Any increase 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, provided that an agreement to this effect has been
forged between the parties or a collective bargaining agreement provision
allowing creditability exists. In the absence of such an agreement or provision in
the CBA, any increase granted by the employer shall not be credited as
compliance with the wage increase prescribed in ths Order.
In unorganized establishments, any increase granted by the employer
within five (5) months prior to the effectivity of this Order shall be credited as
compliance therewith.
In case the increases given are less than the prescribed Minimum Wage,
the employer shall pay the difference. Such increases shall not include
anniversary increases, merit wage increases and those resulting from the
regularization or promotion of employees.
Section 11. EFFECTS ON EXISTING WAGE STRUCTURE. Where the
application of the wage increase prescribed in this Order results in distortions in
the wage structure within the establishment, it shall be corrected in accordance
with the procedure provided for under Article 124 of Presidential Decree No.
442, as amended, otherwise known as the Labor Code of the Philippines.
Section 12. COMPLAINTS FOR NON-COMPLIANCE. Complaints for
non-compliance with this Order shall be filed with the National Capital Region
Office 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.
Section 13. 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.
Section 14. PROHIBITION AGAINST INJUCTION. 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 15. 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 16. REPORTING REQUIREMENT. Any person, company,
corporation, partnership or any entity engaged in business shall submit a
verified report on their wage structure to the Board not later than January 31,
2011 and every year thereafter in accordance with the form prescribed by the
National Wages and Productivity Commission.
Section 17. PENAL PROVISION. Any employer who refuses or
fails to comply with this Order shall be subject to the penalties specified under
RA 6727, as amended under R.A. No. 8188.
Section 18. 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 19. 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.
Visit:
REGIONAL TRIPARTITE WAGES and
PRODUCTIVITY BOARD
Room 11-C, 11/F, G.E. Antonino Building
corner T.M. Kalaw & J. Bocobo Streets,
Ermita, Manila
Telefax: 527-51-55/400-67-65
Prepared by:
Atty. Manuel J. Laserna Jr.
mjlasernajr@gmail.com
