Republic of the Philippines
Department of Labor and Employment
National Wages and Productivity Commission
REGIONAL TRIPARTITE WAGES AND PRODUCTIVITY BOARD NO. 3
San Fernando, Pampanga
WAGE ORDER NO. RBIII-14
SETTING THE MINIMUM WAGE IN REGION III
WHEREAS, Republic Act 6727, mandated the Regional Tripartite Wages and Productivity Board-Region III (RTWPB-III) to determine and fix minimum wage rates and periodically review the same in relation to prevailing socio-economic and other conditions in the Region;
WHEREAS, there is a growing clamor from the various sectors including the President and Congress for the Boards to convene and exercise their wage fixing mandate;
WHEREAS, Section 3, Rule IV of the NWPC Amended Rules of Procedure on Minimum Wage Fixing provides that any Wage Order issued by the Board may not be disturbed for a period of twelve(12) months) from its effectivity, and no petition for wage increase shall be entertained within the said period. In the event, however, that supervening conditions, such as extraordinary increase in prices of petroleum products and basic good/services, demand a review of the minimum wage rates, as determined by the Board and confirmed by the Commission, the Board shall proceed to exercise its wage fixing function even before the expiration of said period;
WHEREAS, to respond to the urgency of the wage issue supported by the results of its overall assessments of the socio-economic condition, i.e. the dramatic and continuing rise in prices of petroleum products, basic goods/services and power rates, resulted to an inflation rate of 8.5% for March 2008, higher than the existing rate at the time of the effectivity of the wage order, the RTWPB III declared the existence of supervening condition in the Region on April 23, 2008 and duly confirmed by the Commission on April 28, 2008 per NWPC Resolution No. 2, series of 2008;
WHEREAS, on April 23, 2008, the Mitsumi Workers’ Union-ALU-TUCP filed with the Board a petition for a P80.00 per day across the board wage increase;
WHEREAS, in response to the wage petition and in compliance with the requirements of the rules on minimum wage fixing, the RTWPB III conducted sectoral consultations on May 9 and May 12, 2008 and public hearings on May 19 and 20, 2008;
WHEREAS, after evaluation of the results of the consultations and public hearings, the RTWPB-III felt the need to provide workers immediate relief from the rising costs of living taking into account the interests of both labor and management as well as the continued and sustained viability of business and industry in Region III;
NOW THEREFORE, by virtue of the power and authority vested under Republic Act No. 6727, otherwise known as the Wage Rationalization Act, the Board hereby issues this Wage Order:
Section 1. AMOUNT OF INCREASE. Upon the effectivity of this Wage Order, a cost of living allowance (COLA) of TEN PESOS (P10.00) per day and FIVE PESOS (P5.00) increase in the basic wage shall be granted to all minimum wage earners in the region. The NINE PESOS (P9.00) COLA under Wage Order No. RBIII-13 shall be integrated into the basic pay upon the effectivity of this Wage Order.
Section 2. NEW MINIMUM WAGE RATES. Upon effectivity of this Wage Order, the new minimum wage rates in the region shall be as follows:
| SECTOR |
PAMPANGA, BULACAN, TARLAC, BATAAN, ZAMBALES, NUEVA ECIJA
|
Basic
Wage |
COLA
under WO RBIII-14 |
Minimum Wage |
| NON-AGRICULTURE |
| Establishments
with total assets of P30 million or more |
P 292.00 |
P 10.00 |
P 302.00 |
| Establishments
with total assets less than of P30 million |
284.50 |
10.00 |
294.50 |
| AGRICULTURE |
| Plantation |
262.00 |
10.00 |
272.00 |
| Non-Plantation |
246.00 |
10.00 |
256.00 |
| HOSPITALS |
| With
20 or more bed Capacity |
283.00 |
10.00 |
293.00 |
|
With less than 20 bed capacity |
268.00 |
10.00 |
278.00 |
| RETAIL/SERVICE |
| With 16 or more
workers |
281.00 |
10.00 |
291.00 |
|
With less than 16 workers |
267.00 |
10.00 |
277.00 |
| COTTAGE/HANDICRAFT |
246.00 |
10.00 |
256.00 |
| |
| SECTOR |
A
U R O R A P R O V I N C E
|
Basic
Wage |
COLA
under WO RBIII-14 |
Minimum
Wage Under WO RBIII-14 |
| NON-AGRICULTURE |
P
241.00 |
P
10.00 |
251.00 |
| AGRICULTURE |
| Plantation |
226.00 |
10.00 |
236.00 |
| Non-Plantation |
206.00 |
10.00 |
216.00 |
| RETAIL/SERVICE |
| Employing
not more than 10 workers |
163.00 |
10.00 |
173.00 |
| COTTAGE/HANDICRAFT |
214.00 |
10.00 |
224.00 |
Section 3. COVERAGE. The increase provided herein shall apply to all minimum wage earners/workers and employees in the private sector in Region III regardless of position, designation or status of employment and irrespective of the method by which their wages are paid. Not covered in this Wage Order are household or domestic helpers and persons employed in the personal service of another including family drivers and workers of Barangay Micro Business Enterprises with Certificates of Authority, pursuant to R.A. 9178.
Section 4. BASIS OF INCREASE. The wage increase prescribed under the Wage Order shall be for the normal working hours, which shall not exceed eight (8) hours work a day.
Section 5. 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 Iincrease in this order per eight (8) hours a day, or a proportion thereof for working less than eight (8) hours.
Section 6. SPECIAL GROUP OF WORKERS. The minimum wage rate of apprentices and learners shall in no case be less than seventy-five percent (75%) of the prescribed minimum wage rate under Section 2 of this Wage Order.
All recognized learnership and apprenticeship agreements entered into before the effectivity of this Order shall be considered automatically modified in accordance with the Wage Order.
Section 7. PRODUCTIVITY-BASED WAGES. In order to sustain rising levels of wages and enhance competitiveness, businesses are strongly encouraged to adopt productivity improvement schemes, such as, time and motion studies, good housekeeping, quality circles, labor-management cooperation, as well as implement gainsharing programs. Accordingly, the Regional Board shall provide the necessary studies and technical assistance pursuant to RA 6971, the Productivity Incentives Act of 1990.
Section 8. PRIVATE EDUCATIONAL INSTITUTIONS. In the case of private educational institutions, the share of workers and employees covered in the increase in tuition fees for School Year 2008-2009 shall be considered as compliance with this Wage Order. Where the share of the workers and employees is less than what is provided herein, the employer shall pay the difference starting School Year 2009-2010.
Private educational institutions which have not increased their tuition fees for the School Year 2008-2009 may defer compliance with the provisions of this Wage Order until School Year 2009-2010.
In any case, all private educational institutions shall implement the increase prescribed herein starting School Year 2009-2010.
.
Section 9. CONTRACTORS. In the case of contracts for construction projects and for security, janitorial and similar services, the prescribed wage increase of the workers shall be borne by the principals or clients of the construction/service contractors and their contracts shall be deemed amended accordingly. In the event, however, that the principals or clients fail to pay the prescribed increases, the construction/service contractors shall be jointly and severally liable with his principal or client.
Section 10. EXEMPTION. Upon application with and as determined by the Board, the following may be exempt from the applicability of this Wage Order, subject to applicable rules and regulations issued by the Commission:
- Retail and service establishments employing not more than ten (10) workers at the time of the publication of this Wage Order;
- Distressed Establishments, as defined in the NWPC Guidelines No. 02, Series of 2007 ;
- Garment Exporting firms, including indirect exporters, with at least fifty percent (50%) export sales and with forward contracts with their foreign buyers/principals entered into on or twelve (12) months before the effectivity of this Wage Order and without escalation clauses with respect to the contract prices thereof, may be exempt during the lifetime of the said contract but not to exceed twelve (12) months from effectivity of this Wage Order.
Section 11. APPEAL TO THE COMMISSION. Any party aggrieved by this Wage Order may file a verified appeal to the Commission through the Board within ten (10) calendar days from the publication of the Order.
Section 12. 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.
Section 13. CREDITING. Increases granted by an employer within ninety (90) days prior to the effectivity of this Wage Order shall be credited as compliance with the Order, provided that, where such increases are less than what is provided in the Order, the employer shall pay the difference.
Such increases shall not include CBA anniversary wage increases, merit wage increases and those resulting from the regularization or promotion of employee, unless there is an agreement expressly allowing such crediting.
Section 14. EFFECTS ON EXISTING WAGE STRUCTURE. Where the application of the increase prescribed in this Wage Order results in distortions in the wage structure within the establishment, the wage distortions may be resolved using the following formula:
Amount of Increase due to distortion
Minimum Wage Under
Wage Order No. RBIII-13 X Amount of increase = =
Present Salary in WO RBIII-14
Section 15. COMPLAINTS FOR NON-COMPLIANCE. Complaints for non-compliance with this 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 of the 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 Wage Order shall be construed to reduce any existing wage rates, allowances, and benefits of any form under existing laws, decrees, issuance, executive orders and/or under any contract or agreement between workers and employers.
Section 17. PENAL PROVISION. Any person, corporation, trust or firm, partnership, association or entity which refuses or fails to pay the prescribed wage rates in accordance with this Wage Order shall be subject to the penal provisions under R.A. 6727, as amended by R.A. 8188.
Section 18. 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 19. FREEDOM TO BARGAIN. This Wage Order shall not be construed to prevent workers in particular firms or enterprises of industries from bargaining for higher wages with their respective employers.
Section 20. REPORTING REQUIREMENTS. Any person, company, corporation, partnership, or any entities engaged in business shall submit a verified itemized listing of their labor component to the Board not later than January 31, 2009 and every year thereafter in accordance with the form prescribed by the Commission.
Section 21. REPEALING CLAUSE. All orders, rules, and regulations, or parts thereof inconsistent with the provision of this Wage Order are hereby repealed, amended or modified accordingly.
Section 22. SEPARABILITY CLAUSE. If, for any reason, any section or provision of this Wage Order is declared unconstitutional or illegal, the other provisions or parts shall remain valid.
Section 23. IMPLEMENTING RULES. The Board shall prepare the necessary rules to implement this Wage Order subject to the approval of the Secretary of Labor and Employment.
Section 24. EFFECTIVITY. This Wage Order shall take effect fifteen (15) days after its publication in at least one (1) newspaper of general circulation in the region.
APPROVED this 21st day of May 2008, City of San Fernando, Pampanga.
(Sgd.)
JOSE T. DE LEON
Board Member |
(Sgd.)
FLORDELIZA MARIA REYES-RAYEL
Board Member |
I Dissent:
(Sgd.)
RAUL C. REMODO*
Board Member
|
I Dissent:
(Sgd.) EDGAR
B. VENTURA*
Board Member
|
(Sgd.)
REMIGIO A. MERCADO
Vice-Chairperson |
(Sgd.) BLESILA
A. LANTAYONA
Vice-Chairperson |
(Sgd.)
NATHANIEL V. LACAMBRA
Chairperson |
* We dissent. Amount of increase is insufficient and there should be no exemption.
Date of Publication: June 01,2008 , Sun-Star, Pampanga
Date of Effectivity : June 16, 2008
Republic
of the Philippines
Department of Labor and Employment
National Wages and Productivity Commission
REGIONAL TRIPARTITE WAGES AND PRODUCTIVITY
BOARD NO. 3
San Fernando, Pampanga
WAGE ORDER NO. RBIII-13
PROVIDING FOR COST OF LIVING ALLOWANCE
IN REGION III
WHEREAS,
Republic Act 6727, mandated the Regional Tripartite
Wages and Productivity Board-Region III (RTWPB-III)
to determine and fix minimum wage rates and
periodically review the same in relation to
prevailing socio-economic and other conditions
in the Region;
WHEREAS,
the RTWPB-III acted motu proprio on the minimum
wage adjustment issue and conducted a series
of sectoral consultations on July 23, July 25,
and July 30, 2007 and a public hearing on August
6, 2007;
WHEREAS,
after evaluation of the results of the consultations
and public hearing, the RTWPB-III felt the need
to provide workers immediate relief from the
rising costs of living taking into account the
interests of both labor and management as well
as the continued and sustained viability of
business and industry;
WHEREAS,
consistent with the government’s policy
of achieving higher levels of productivity,
the RTWPB-III encourages the workers and business
enterprises to be competitive through the adoption
of productivity improvement and gainsharing
programs.
NOW
THEREFORE, by virtue of the power and
authority vested under Republic Act No. 6727,
otherwise known as the Wage Rationalization
Act, the Board hereby issues this Wage Order:
Section
1. AMOUNT OF COLA. Upon the effectivity
of this Wage Order, a cost of living allowance
(COLA) of Nine Pesos (P9.00) per day shall be
granted to all minimum wage earners in the region.
Section
2. NEW MINIMUM WAGE RATES. Upon effectivity
of this Wage Order, the new minimum wage rates
in the region shall be as follows:
SECTOR |
BULACAN.
BATAAN, NUEVA ECIJA, PAMPANGA, TARLAC,
ZAMBALES |
| Basic Wage |
COLA under WO
RBIII-13 |
Minimum
Wage under WO RBIII-13 |
| Non-Agriculture |
|
|
|
- Establishment with total assets
of P30M or more
|
P278.00 |
P9.00 |
P287.00 |
- Establishment with total assets
Of less than P30M
|
270.50 |
9.00 |
279.50 |
| Agriculture |
|
|
|
|
248.00 |
9.00 |
257.00 |
|
232.00 |
9.00 |
241.00 |
| Hospitals |
|
|
|
- With 20 or more bed capacity
|
269.00 |
9.00 |
278.00 |
- With less than 20 bed capacity
|
254.00 |
9.00 |
263.00 |
| Retail/Service |
|
|
|
|
267.00 |
9.00 |
276.00 |
- With less than 16 workers
|
253.00 |
9.00 |
262.00 |
| Cottage/Handicraft |
232.00 |
9.00 |
241.00 |
Sector
|
AURORA |
Basic Wage |
COLA
under WO RBIII-13 |
Minimum
Wage under WO RBIII-13 |
| Non-Agriculture |
P227.00 |
P9.00 |
P236.00 |
| Agriculture |
|
|
|
|
212.00 |
9.00 |
221.00 |
|
192.00 |
9.00 |
201.00 |
| Retail/Service
employing not more than 10 workers |
149.00 |
9.00 |
158.00 |
| Cottage Handicraft |
200.00 |
9.00 |
209.00 |
Section
3. COVERAGE. The COLA provided herein
shall apply to all minimum wage earners/workers
and employees in the private sector in Region
III regardless of position, designation or status
of employment and irrespective of the method
by which their wages are paid. Not covered in
this Wage Order are household or domestic helpers
and persons employed in the personal service
of another including family drivers and workers
of Barangay Micro Business Enterprises with
Certificates of Authority, pursuant to R.A.
9178.
Section
4. BASIS OF COLA. The COLA prescribed
under the Wage Order shall be for the normal
working hours, which shall not exceed eight
(8) hours work a day.
Section
5. 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 COLA in this order per eight
(8) hours a day, or a proportion thereof for
working less than eight (8) hours.
Section
6. SPECIAL GROUP OF WORKERS. The minimum
wage rate of apprentices and learners shall
in no case be less than seventy-five percent
(75%) of the prescribed minimum wage rate under
Section 2 of this Wage Order.
All
recognized learnership and apprenticeship agreements
entered into before the effectivity of this
Order shall be considered automatically modified
in accordance with the Wage Order.
Section
7. PRODUCTIVITY-BASED WAGES. In order
to sustain rising levels of wages and enhance
competitiveness, businesses are strongly encouraged
to adopt productivity improvement schemes, such
as, time and motion studies, good housekeeping,
quality circles, labor-management cooperation,
as well as implement gainsharing programs. Accordingly,
the Regional Board shall provide the necessary
studies and technical assistance pursuant to
RA 6971, the Productivity Incentives Act of
1990.
Section
8. PRIVATE EDUCATIONAL INSTITUTIONS.
In the case of private educational institutions,
the share of workers and employees covered in
the increase in tuition fees for School Year
2007-2008 shall be considered as compliance
with this Wage Order. Where the share of the
workers and employees is less than what is provided
herein, the employer shall pay the difference
starting School Year 2008-2009.
Private
educational institutions which have not increased
their tuition fees for the 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 increase prescribed herein
starting School Year 2008-2009.
Section
9. CONTRACTORS. In the case of contracts
for construction projects and for security,
janitorial and similar services, the prescribed
COLA of the workers shall be borne by the principals
or clients of the construction/service contractors
and their contracts shall be deemed amended
accordingly. In the event, however, that the
principals or clients fail to pay the prescribed
increases, the construction/service contractors
shall be jointly and severally liable with his
principal or client.
Section
10. EXEMPTION. Upon application with
and as determined by the Board, the following
may be exempt from the applicability of this
Wage Order, subject to applicable rules and
regulations issued by the Commission:
| 1. |
Retail
and service establishments employing not
more than ten (10) workers at the time
of the publication of this Wage Order; |
| 2. |
Distressed Establishments,
as defined in the NWPC Guidelines No.
02, Series of 2007 ; |
| 3. |
Garment Exporting
firms, including indirect exporters, with
at least fifty percent (50%) export sales
and with forward contracts with their
foreign buyers/principals entered into
on or twelve (12) months before the effectivity
of this Wage Order and without escalation
clauses with respect to the contract prices
thereof, may be exempt during the lifetime
of the said contract but not to exceed
twelve (12) months from effectivity of
this Wage Order. |
Section
11. APPEAL TO THE COMMISSION. Any party
aggrieved by this Wage Order may file a verified
appeal to the Commission through the Board within
ten (10) calendar days from the publication
of the Order.
Section
12. 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
COLA to employees affected by the Order in the
event such Order is affirmed.
Section
13. CREDITING. Increases granted by
an employer within ninety (90) days prior to
the effectivity of this Wage Order shall be
credited as compliance with the Order, provided
that, where such increases are less than what
is provided in the Order, the employer shall
pay the difference.
Such
increases shall not include CBA anniversary
wage increases, merit wage increases and those
resulting from the regularization or promotion
of employee, unless there is an agreement expressly
allowing such crediting.
Section
14. EFFECTS ON EXISTING WAGE STRUCTURE.
Where the application of the COLA prescribed
in this Wage Order results in distortions in
the wage structure within the establishment,
the wage distortions may be resolved using the
following formula:
| Minimum Wage Under |
|
Amount of |
| Wage Order No. RBIII-12 |
X Amount of COLA = |
COLA due to |
| ------------------------------ |
in WO RBIII-13 |
distortion |
| Present Salary |
|
|
Section
15. COMPLAINTS FOR NON-COMPLIANCE.
Complaints for non-compliance with this 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 of the 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 Wage Order shall be construed to reduce
any existing wage rates, allowances, and benefits
of any form under existing laws, decrees, issuance,
executive orders and/or under any contract or
agreement between workers and employers.
Section
17. PENAL PROVISION. Any person, corporation,
trust or firm, partnership, association or entity
which refuses or fails to pay the prescribed
wage rates in accordance with this Wage Order
shall be subject to the penal provisions under
R.A. 6727, as amended by R.A. 8188.
Section 18.
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
19. FREEDOM TO BARGAIN. This Wage Order
shall not be construed to prevent workers in
particular firms or enterprises of industries
from bargaining for higher wages with their
respective employers.
Section
20. REPORTING REQUIREMENTS. Any person,
company, corporation, partnership, or any entities
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.
Section
21. REPEALING CLAUSE. All orders, rules,
and regulations, or parts thereof inconsistent
with the provision of this Wage Order are hereby
repealed, amended or modified accordingly.
Section
22. SEPARABILITY CLAUSE. If, for any
reason, any section or provision of this Wage
Order is declared unconstitutional or illegal,
the other provisions or parts shall remain valid.
Section
23. IMPLEMENTING RULES. The Board shall
prepare the necessary rules to implement this
Wage Order subject to the approval of the Secretary
of Labor and Employment.
Section
24. EFFECTIVITY. This Wage Order shall
take effect fifteen (15) days after its publication
in at least one (1) newspaper of general circulation
in the region.
APPROVED this 4th day of September 2007, City of San
Fernando, Pampanga.
(Sgd.)
JOSE T. DE LEON
Board Member |
(Sgd.)
FLORDELIZA MARIA REYES-RAYEL
Board Member |
I Dissent:
(Sgd.)
RAUL C. REMODO*
Board Member
|
I Dissent:
(Sgd.) EDGAR
B. VENTURA*
Board Member
|
(Sgd.)
REMIGIO A. MERCADO
Vice-Chairperson |
(Sgd.) BLESILA
A. LANTAYONA
Vice-Chairperson |
(Sgd.)
NATHANIEL V. LACAMBRA
Chairperson |
* We dissent. Amount
of increase is insufficient and there should
be no wage exemption.
Published on September 12, 2007 at Sun Star Pampanga
Effectivity: September 27, 2007
Republic
of the Philippines
Department of Labor and Employment
National Wages and Productivity Commission
REGIONAL TRIPARTITE WAGES AND PRODUCTIVITY
BOARD NO. 3
REGION III-CENTRAL LUZON
RULES IMPLEMENTING WAGE ORDER
NO. RBIII-13
Pursuant to Section 6, Rule IV of the NWPC
Guidelines No. 01, Series of 2007, otherwise
known as the Amended Rules of Procedure on
Minimum Wage Fixing and Section 23 of Wage
Order No. RBIII-13, the following rules are
hereby issued for the guidance and compliance
by all concerned.
RULE I
GENERAL PROVISIONS
Section 1. TITLE. This Rules shall be known
as the “Rules Implementing Wage Order
No. RBIII-13”.
Section 2. DEFINITION OF TERMS.
As used in
this Rules.
| a) |
Order refers to Wage Order
No. RBIII-13. |
| b) |
Board refers to the Regional
Tripartite Wages and Productivity Board in
Region III. |
| c) |
Commission refers to the
National Wages and Productivity Commission. |
| d) |
Department refers to the
Department of Labor and Employment. |
| e) |
Cost of Living Allowance
(COLA) refers to cost of living allowance
prescribed by the Board for covered private
sector workers and employers in Region III. |
| f) |
Region III covers the
Provinces of Aurora, Bataan, Bulacan, Nueva
Ecija, Pampanga, Tarlac, Zambales and the
Cities of Angeles, Balanga, Cabanatuan, Gapan,
Malolos, Munoz, Olongapo, Palayan, San Fernando,
San Jose, San Jose Del Monte and Tarlac. |
| g) |
Agriculture refers to farming in all its branches including the cultivation and tillage of the soil, production cultivation, growing and harvesting of any agricultural or horticultural commodities, dairying, raising of livestock or poultry, the culture of fish and other aquatic products in farms or ponds, and any activities performed by a farmer or on a farm as an incident to or in connection with such farming operations. This does not include the manufacturing and/or processing of sugar, coconut, abaca, tobacco, pineapple, aquatic or other farm products. |
h)
|
Plantation Agricultural
Enterprise is one engaged in agriculture with
an area of more than 24 hectares in a locality
or which employs at least twenty (20) workers.
Any other agricultural enterprise shall be
considered as “Non-Plantation Agricultural
Enterprise”. |
| i) |
Cottage/Handicraft Establishment
is one engaged in an economic endeavor in
which the products are primarily done in the
home or such other places for profit which
requires manual dexterity and craftsmanship
and whose capitalization does not exceed P3.0
million (in conformity with SMEDC Resolution
No. 1, Series of 2003) regardless of previous
registration with the defunct NACIDA. |
| j) |
Establishment refers to
an economic unit which engages in one or predominantly
one kind of economic activity at a single
fixed location. |
| k) |
Retail Establishment refers
to an entity principally engaged in the sale
of goods to end-users for personal or household
use. A retail establishment that regularly
engages in wholesale activities loses its
retail character. For purposes of this Rules,
retail establishments must be regularly employing
not more than ten (10) workers. |
| l) |
Service Establishment
refers to one principally engaged in the sale
of services to individuals for their own or
household use and is generally recognized
as such. For purposes of this Rules, service
establishments must be regularly employing
not more than ten (10) workers. |
| m) |
Distressed Establishment
refers to an establishment which meets the
criteria enumerated in Section 3 (A) of the
NWPC Guidelines No. 02, Series of 2007 on
the Amended Rules on Exemption. |
| n) |
Garment Exporting Firm
refers to any person, natural or juridical,
licensed to do business in the Philippines,
engaged directly or indirectly in the manufacture
or trade of garments or services which earn
at least fifty (50%) of its normal operating
revenues from the sale of garments or services
abroad for foreign currency. In the case of
indirect exporters, the requirement that products
or services be sold “abroad for foreign
currency” shall not apply as, by the
very nature of their business, the sale of
garments or services takes place in the Philippines
and such indirect exporters are usually paid
in Philippine Currency. |
| o) |
Indirect Exporter refers
to a person, firm or corporation who performs
any production process for a manufacturer
or exporter of garments. |
| p) |
Wage Distortion refers
to a situation where an increase in the prescribed
wage rates results in the elimination or severe
contraction of intentional quantitative difference
in wage or salary rates between and among
employee groups in an establishment as to
effectively obliterate the distinctions embodied
in such wage structure based on skills, length
of service or other logical bases of differentiation. |
| q) |
Barangay Micro Business
Enterprise (BMBE) refers to any business entity
or enterprise granted a Certificate of Authority
under Republic Act No. 9178. |
| r) |
Capital refers to paid-up
capital at the end of the full accounting
period, in the case of corporations or total
invested capital at the beginning of the period
under review, in the case of a partnership
or single proprietorship. |
| s) |
Full Accounting Period
refers to a period of twelve (12) months or
one (1) year of business operations. |
| t) |
Interim Period refers
to a financial reporting period shorter than
a full financial year (most typically a quarter
or half-year). |
| u) |
Total Assets refer to
things of value owned by the business such
as cash, machines, building and land which
can be measured or expressed in money terms. |
| v) |
Deficit refers to the
negative balance of the retained earnings
account of a corporation. Retained earnings
represent the cumulative balance of periodic
earnings, dividend distributions, prior period
adjustments and other capital adjustments. |
| w) |
Stock Corporation refers
to one organized for profit and issues shares
of stock to its members. |
| x) |
Non-stock Non-profit Organization
refers to one organized principally for public
purposes such as charitable, educational,
cultural or similar purposes and does not
issue shares of stock to its members. |
| y) |
Partnership refers to
an association of two or more persons who
bind themselves to contribute money, property
or industry to a common fund with the intention
of dividing the profits among themselves or
for the exercise of a profession. |
| z) |
Single Proprietorship
refers to a business unit owned and controlled
by only one person. |
| aa) |
Cooperative refers to
a duly registered association of persons who
voluntarily join together to form a business
establishment which they themselves own, control
and patronized and which may fall under any
of the following types: credit, consumers,
producers, marketing, service or multi-purpose. |
| ab) |
Quasi-banks refer to
institutions such as investment houses and
financing companies performing quasi-banking
functions as defined by the Bangko Sentral
ng Pilipinas. |
RULE II
COST OF LIVING ALLOWANCE
Section 1. COST OF LIVING ALLOWANCE. Effective
September 27, 2007, a Cost of Living Allowance
(COLA) of NINE (P9.00) PESOS per day shall
be granted to all minimum wage earners in
the region.
Section 2. NEW MINIMUM WAGE RATES. The daily
minimum wage rates in Region III shall be
as follows:
SECTOR
|
BULACAN.
BATAAN, NUEVA ECIJA, PAMPANGA, TARLAC,
ZAMBALES
|
Basic
Wage * |
COLA
under WO RBIII-13 |
Minimum
Wage under WO RBIII-13 |
| Non-Agriculture
|
|
|
|
- Establishment with total assets
of P30M or more
|
P278.00 |
P9.00 |
P287.00 |
- Establishment with total assets
Of less than P30M
|
270.50
|
9.00 |
279.50 |
| Agriculture |
|
|
|
|
248.00 |
9.00 |
257.00 |
|
232.00
|
9.00 |
241.00 |
| Hospitals
|
|
|
|
- With 20 or more bed capacity
|
269.00
|
9.00 |
278.00 |
- With less than 20 bed capacity
|
254.00
|
9.00 |
263.00 |
| Retail/Service |
|
|
|
|
267.00
|
9.00 |
276.00 |
- With less than 16 workers
|
253.00
|
9.00 |
262.00 |
| Cottage/Handicraft |
232.00
|
9.00 |
241.00 |
Sector |
AURORA |
Basic
Wage * |
COLA
under WO RBIII-13 |
Minimum
Wage under WO RBIII-13 |
| Non-Agriculture
|
227.00
|
9.00 |
236.00 |
| Agriculture |
|
|
|
|
212.00
|
9.00 |
221.00 |
|
192.00
|
9.00 |
201.00 |
| Retail/Service
employing not more than 10 workers |
149.00
|
9.00 |
158.00 |
| Cottage
Handicraft |
200.00 |
9.00 |
209.00 |
* After integration of the COLAs under Wage
Order Nos. RBIII-11 and 12.
Section 3. COVERAGE. The COLA provided in
the Wage Order shall apply to all covered
workers and employees in the private sector
in Region III regardless of position, designation
or status of employment and irrespective of
the method by which their wages are paid.
Not covered in this Order are household or
domestic helpers and persons employed in the
personal service of another including family
drivers and workers of Barangay Micro Business
Enterprises (BMBEs) with Certificates of Authority,
pursuant to R.A. 9178.
Section 4. BASIS OF COLA. The COLA prescribed herein shall be for the
normal working hours, which shall not exceed
eight (8) hours work a day.
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
fo
