FMANWFC-GENe ent ofan bie Republe of te Philippines Department of Labor and Employment rece ap National Wages and Produetviy Commission fat on Jy, REGIONAL TRIPARTITE WAGES AND PRODUCTIVITY BOARD -V_su! : WAGE ORDER NO. RBV-19 PROVIDING FOR NEW MINIMUM WAGE RATE TO PRIVATE SECTOR WORKERS IN THE BICOL REGION WHEREAS, the Regional Tripartite Wages and Productivity Boards (RTWPBs} are mandated, under Republic Act 6727 or The Wage Rationalization Act, to determine and fix the minimum wage rates of private sector workers in the region: WHEREAS, the Board, in aid of its motu proprio review of the existing minimum wage, conducted a series of public wage consultations in the Provinces of Camarines Norte on 29 May 2018, Catanduanes on 31 May 2018, Masbate on 5 June 2018, Sorsogon on 7 June 2018 and Camarines Sur on 29 june 2028 WHEREAS, the Public Hearing on Minimum Wage Adjustment was conducted on 20 July 2018 in the Province of Albay after its publication on 5 July 2018 at Bicol Mail newspaper; WHEREAS, consistent with the policy of the government to achieve higher level of productivity, generate employment and augment the income of workers through incentives, with the implementation of the Two-Tiered Wage System (NWPC Guidelines No. 02-2012), the ward have been encouraging industries and establishments to adopt and implement productivity improvement programs to enable them to grant. productivity-based pay on top of and in addition to the minimum wage; ‘WHEREAS, as a result of the periodic and continuous review of the socio-economic conditions in the Region, taking into consideration the outcome of the public consultations and hearing and the wage deliberations conducted, the Board agreed to adjust the minimurn wage rate in Bicol to provide workers with immediate relief to cope with the rising cost of living Bu impairing the viability of business; Ww WHEREAS, the Board unanimously agreed to further simplify the wage structure by adopting one wage rate for all covered workers regardless of type of establishment in the Region; NOW, THEREFORE, by virtue of the power and authority vested under Republic Act No. S&S 6727, the Regional Tripartite Wages and Productivity Board V hereby issues this Wage Order, Section 1. NEW MINIMUM WAGE RATE. The new daily minimum wage rate is simplified SG tora covered workersin the private sector in Region V as follows: = ‘Amount of increase Minimum ¥* Tranche 2° Tranche New Sector/industry | Wage Order | Upon Effectiviy of | May3,2019 | Minimum No. RBV-18 | this Wage Order No. Wage Reva ALL SECTORS __ _ Establishments ~ employing 10 230.00 715.00 5.00 workers and above 310.00 Establbhments empioying 109 | P280.00 P15.00 15.00 workers inl+ Wage Order No. RBV-19 Page 2 of 4 Section 2. COVERAGE, The wage rate per day prescribed in this Order shall apply to all minimum wage earners in the private sector in Bicol 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 workers covered by Batas Kasambahay (RA 10362), persons in the personal service of another, and workers of duly registered Barangay Micro-Business Enterprises (BMBEs) with Certificates of Authority pursuant to RA 9178, as amended, and also as provided under the Go Negosyo Act of 2013 (RA 10644). Section 3. BASIS OF MINIMUM WAGE RATE. The minimum wage rate prescribed under this Order shall be for the normal working hours, which shall not exceed eight (8) hours work a day. Section 4, 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 not less than the prescribed minimum wage rate per eight (8) hours wark a day, or a proportion thereof for working less than eight (8) hours Section 5. WAGES OF SPECIAL GROUPS OF WORKERS. Apprentices and learners shall receive not less than seventy-five (75%) of the applicable minimum wage rate prescribed r herein. 3 All recognized learnership and apprenticeship agreements entered into before the jectivity 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 new minimum. wage rate herein prescribed pursuant to RA 7277, otherwise known as the Magna Carta for Disabled Persons. Section 6. 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 2018-2019 shail be considered as compliance with the increase set forth herein, However, payment of any shortfall in the wage increase set forth herein shall be covered starting school year 2019-2020. Private educational institutions, which have not increased their tuition fees for the School Year 2018-2019, may defer compliance with the provisions of this Order until the beginning of School Year 2019-2020. In any case, all private educational institutions shatl implement the wage rate prescribed in this Order starting School Year 2019-2020. Section 7. APPLICATION TO CONTRACTORS. In the case of contracts for construction projects and for security, janitorial and similar services, the herein prescribed increase in the wage rate of the workers shall be borne by the principals or clients of the construction/service contractors and the contracts shall be deemed amended accordingly. In the event, however, that the principal or client fails to pay the prescribed increase or new minimum wage rate the construction/service contractor shati be jointly and severally liable with his principal or client. Section 8, PRODUCTIVITY-BASED WAGES. In order to sustain the rising levels of wages and enhance competitiveness, businesses or labor and management as partners are strongly encouraged to adopt productivity improvement schemes, that will improve the quality of life of workers and in turn enable them to produce more and earn more.Wage Order No. RBV-19 Page 3 of 4 Accordingly, the Board issued Advisory No. RB-O1 (Advisory on the Implementation of Productivity-Based Incentives Schemes for the Transport Industry) and Advisory No. RB-02 (Advisory on the Implementation of Productivity-based Incentives Schemes for the Wholesale/Retail and Construction Industries) to guide business enterprises, workers and management, in the formulation, adoption and implementation of programs and productivity- based incentive schemes. Section 9. EXEMPTION. No exemption from compliance under this Wage order shall be allowed except for those automatically exempted as provided by law. However, in case of calamity, the Board may accept applications for exemption for establishments adversely affected by calamities such as natural and/or human-induced disasters subject to the NWPC Guidelines No. 02, series of 2007, as amended by NWPC Resolution No. 01, series of 2014. Section 10. APPEAL TO THE COMMISSION. Any party aggrieved by this Wage Order may file 2 verified appeal with the Commission, through the Regional Board, in three (3) printed legible copies, not later than ten (10) calendar days from the publication of this Order. Section 11. EFFECT OF FILING OF APPEAL. The filing of the appeal does not operate to stay the Wage 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 this Wage Order in the event that the same is affirmed Section 12. EFFECTS ON EXISTING WAGE STRUCTURE. Where the application of the wage increase prescribed in the 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 of the Philippines, as amended. Section 13, COMPLAINTS FOR NON-COMPLIANCE. Complaints for non-compliance with this Order shall be filed with the Regional Office of the Department of Labor and Employment {DOLE) having jurisdiction over the workplace and shall be subject to the mandatory thirty (30) ay conclliation and mediation process under the Single Entry Approach (SEnA). However, if settlement fails, the case becomes subject of enforcement proceedings under Article 128 and 3 129 of the Labor Code, as amended. Section 14, NON-DIMINUTION OF BENEFITS, Nothing in this Order shall be construed to EE reduce any existing wage rates, allowances and benefits of any form under exsting lov, Ss decrees, issuances, executive orders and/ot under any contract or agreement between the workers and employers. Section 15. PENAL PROVISION. Any person, corporation, trust or firm, partnership, association or entity which refuses or fails to pay the prescribed wage increase/allowance/rates in accordance with this Wage Order shall be subject to the penal provisions under R.A. 6727, as amended by RA 8188. Section 16. 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 as provided for under Article 126 of the Labor Code, as amended. 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. NWage Order No. RBV-19 Page 4 of 4 Section 18. REPORTING REQUIREMENT. Any person, company, corporation, partnership or any entity engaged in business shall submit @ verified itemized listing of their labor component to the Board not later than January 31, 2019 and every year thereafter in accordance with section 3 of RA 6727 in relation to Article 124 of the Labor Code of the Philippines, as amended, and in the form prescribed by the Commission, Section 19. 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 20. SEPARABILITY CLAUSE. If, for any reason, any section or provision of this Order is declared unconstitutional, oF in conflict with existing law, the other provisions or parts thereof shall remain valid. Section 21, IMPLEMENTING RULES. The Board shall submit for approval of the Secretary of Department of Labor and Employment, upon recommendation of the NWPC, the necessary Implementing Rules and Regulations not later than ten (10) days from the publication of this Wage Order. Section 22. EFFECTIVITY. This Order shall take effect fifteen (15) days after its publication in a newspaper of general circulation in the Region APPROVED this 14%" day August of 2018 at Legazpi City, Philippines, LOPITO R.|MENDOZA ‘Member, Employers’ Representative Member, Workkip’ Representative EDGARDO X. NAVARROZA (vacant) Member, Empldyers’ Representative Member, Workers’ Representative Many an I Ypngu = t. ENGR. Jf -YN LB. BLANCO? CESO I AGNES M. ESPII TOLENTINO} CESO It gignal Director, DTI V Regional Director, NEDA V {ce-Chairperson Vice-Chairperson ML DL. ATTY. ALVIN M, VILLAMOR Regional Director, DOLE V Chairperson