Professional Documents
Culture Documents
enough
Policies:
(a) To rationalize the fixing of the minimum
wage. (important)
It has been rationalized because Article 124
provides for the standards and criteria that
should guide the agency of government
when it comes to fixing the minimum wage.
It is noted that under the standard criteria,
that the Congress has tried to weigh the
factors involving the employers, as well as
the factors involving the laborers when it
comes to fixing of employees wage in order
to rationalize it.
Before RA 6727, it was only Malacaang,
through a Presidential Decree, that dictates
how much should be the minimum wage in
the Philippines. Most often than not, those
employers in the far-flung areas are
adversely affected because the fixing of
minimum wage is not rationalized. It does
not take into consideration, for example, the
capitalization of the employer, the profit
expected, the cost of living in a particular
area.
With the advent of RA 6727, the law deems it
necessary that there shall be standard
criteria in fixing the employees wage.
Article 124. Standards or Criteria for
Minimum Wage Fixing.
a. The demand for living wages;
b. Wage adjustment vis--vis the consumer
price index;
c. The cost of living and changes or
increases therein;
d. The needs of workers and their families;
e. The need to induce industries to invest in
the countryside;
f. Improvements in standards of living;
g. The prevailing wage levels;
h. Fair return of the capital invested and
capacity to pay of employers;
i. Effects on employment generation and
family income; and
j. The equitable distribution of income and
wealth along with the imperatives of
economic and social development.
(b) To promote productivity-improvement and
gain-sharing measures to ensure a decent
Effectivity (Section 4)
A Wage Order shall take effect 15 days after
its publication in at least 1 newspaper of
general circulation in the region.
Upon issuance of the Wage Order, it does not
immediately become effective. It has to be
published and takes effect 15 days after its
publication.
Exception:
In the event, however, that supervening
conditions (such as extraordinary increase in
prices of petroleum products and basic
goods and 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
the period (12 months).
Reason: The petitions would clog the Board
dockets unreasonably.
(a)
Non-conformity
with
prescribed
guidelines and/or procedures
(b) Questions of law (Rule 45)
(c) Grave abuse of discretion (Rule 65)
The NWPC has established guidelines on the
fixing of the minimum wage. If the Board, for
instance, did not conduct a hearing, that
contravenes
the
guidelines,
therefore,
constituting the first ground.
As for instance, the Board is confronted with
an issue on a question of law and the Board
erred in interpreting the law, this will fall
under the second ground.
As when the Board acts arbitrarily,
capriciously or whimsically in issuing the
wage order, this will constitute grave abuse
of discretion.
Period to Act on Appeal (Section 4)
The Commission shall decide on the appeal
within 60 days from the filing thereof.
Effect of Appeal (Section 5)
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
to employees affected by the Order of the
corresponding increase, in the event such
Order is affirmed.
Instance when the appeal will stay the Wage
Order: In case the employer will post a surety
bond. The Wage Order fixes the minimum
wage. The employer has to comply with that,
unless the employer is exempted from
complying with the Wage Order. The
employer, however, as an aggrieved party,
can appeal from the Wage Order on grounds
provided by the law or by the rules. If he
does appeal, that appeal will not stop the
employer from complying with the Wage
Order. That means, he has to still pay his
employees. He can only refrain from paying
his employees or giving them the minimum
wage if he posts a cash or surety bond in an
amount equivalent to the wage increase. On
the condition that the bond will answer in
case his appeal is dismissed by the NWPC.
service,
or
other
differentiation.
logical
bases
of
Magnolia
P160
P190
Nestle
P190
P200
Magnolia-Nestle
Casual -- P190
Permanent -- P190
There will be wage distortion.
3) Employer granted increases to the
workers of an establishment
The employer grants an increase affecting
only a certain group of employees thereby
reducing drastically or totally eliminating the
salary gap between such group and the next
higher level.
4) Passage of RA 6727
Example: SM Company
Casual -- P145 a wage order is passed =
Casual -- P190
Permanent -- P180 particularly Wage Order =
Permanent P195
#8, increasing the minimum wage
distortion
wage to P190 now exists
FOR
RESOLVING
WAGE
A. WAGE
DISTORTION
in
an
UNORGANIZED ESTABLISHMENT:
Situation: In a company, there are 3 classes
of employees:
A 200 (2 years or more)
B 195 (1 year to 2 years)
C 190 (newly hired)
to
VOLUNTARY
ARBITRATION
is
not
compulsory; the parties will have to give
their consent if they want to submit their
dispute to Voluntary Arbitration.
They will be given a LIST of voluntary
arbitrators from which they will pick out
those which they have chosen to be the
arbitrators.
However, most often than not, the parties
do not submit their dispute to voluntary
arbitration because most of them do not
trust the Voluntary Arbitrators.
The decision of the Voluntary Arbitrator is
BINDING upon the parties. Why? This is a
contractual proceeding and the contract is
the law of the parties.
In resolving wage distortions, you do not
always consider monetary matters. You also
have to take into consideration the length of
service, the skills.
Is the decision of the Voluntary Arbitrator
appealable to the NLRC? NO, unless it
becomes final and executory.
The legal remedy to the decision of
the Voluntary Arbitrator
(1) To the Court of Appeals by way of
Petition for Review under Rule 43
(Quasi- Judicial Agency) within 15 days
Luzon Stevedoring Employees Union
If APPEAL, will that stay the decision of the
Voluntary Arbitrator?
NO, because the decision of the Voluntary
Arbitrator is final and inappealable, but
Temporary Restraining Order and a Writ of
Preliminary Injunction may be applied for.
So, use Petition for Review with
Motion to Stay, because of its final and
executory nature.
(2) Then to the Supreme Court under
Rule 45 on questions of law (Appeal by
Certiorari) 15 days from receipt of the
decision of the Court of Appeals or
receipt of the denial of the motion for
reconsideration.
Before the St. Martins Funeral
Homes Case (in the past), from the decision
of the Voluntary Arbitrator, the aggrieved
party would go directly to the Supreme
Court.
B. WAGE
DISTORTION
in
an
ORGANIZED ESTABLISHMENT :
Two
Methods
of
Minimum
Wage
Adjustment:
1. Floor Wage Method involves the fixing
of a determinate amount that would be
added to the prevailing statutory minimum
wage.
2. Salary-ceiling Method whereby the
wage adjustment is applied to employees
receiving a certain denominated (minimum)
salary ceiling.
The first method was adopted in the earlier
wage orders, while the latter method was
used in RA 6640 and RA 6727.
The shift from the first method to the
second method was brought about by labor
disputes arising from wage distortions, a
consequence of the implementation of the
wage orders.
The shift from the first to the second
method was due to the fact that the latter
minimized wage distortion disputes.
Penal Provision for Non-compliance with
the Wage Order:
Section 12, RA 6727
Any
person,
corporation,
trust,
firm,
partnership, association or entity which
refuses or fails to pay any of the prescribed
increases or adjustments in the wage rates
made in accordance with this ACT shall be
punished by a fine not exceeding P25,000
and/or imprisonment of not less than 1
year nor more than 2 years: Provided,
that any person convicted under this Act
shall not be entitled to the benefits under
the Probation Law.
If the violation is committed by a
corporation, trust or firm, partnership,
association or any other entity, the penalty
of imprisonment shall be imposed on the
entitys responsible officers, including, but
not limited to, the president, vice-president,
chief executive officer, general manager,
managing director or partner.
However, RA 8188 Amended Sec. 12 of
RA6727
RA 8188 (June 11, 1996): An Act Increasing
The Penalty And Imposing Double Indemnity
For Violation of the Prescribed Increases or
Adjustments in the Wage Rates, Amending
for the