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FIXING MINIMUM WAGE l CALISA, BASUBAS, BONJOC

MINIMUM WAGE FIXING PROCEDURE FLOW


MOTU PROPRIO BY RTWPB

BY VIRTUE OF PETITION BY ANY PARTY


File a verified petition for wage increase with the RTWPB in 3
printed legible copies
Contents of the Petition:
name, address, signature of petitioner and authorized official
;grounds relied upon to justify increase;amount of increase
being sought; area/industry covered
The Board shall within 15 calendar days from receipt of a
petition , evaluate the same.

PUBLICATION/ NOTICE OF HEARING

Notice of the petition shall be published in a newspaper of general circulation in the region/conspicuous
places.
Notice shall include the ff:
-name/s ; address/es of the petitioner/s ;the subject of the petition and date/s ,place/s and time of the
hearings
Publication shall be made at least 15 days before the date of initial hearing

OPPOSITION
Any interested party may file his opposition on or before the initial hearing
Shall be filed with the appropriate Board in 3 printed legible copies which contain the ff:
1. name/s ; address/es of the oppositor/s and signatures of authorized official/s;
2. reasons or grounds for the opposition; and
3. relief sought.
If there is more than one(1) petition filed the board may ,Motu Proprio or on motion of any party ,
consolidate these for purposes of conducting joint hearings or proceedings to expedite resolution of
Petition
Petitions received after publication of an earlier petition need not go through the publication/ posting

CONDUCT OF HEARING

Public hearings shall be conducted prior to issuance of wage order , giving notices to the employees or
employers groups ,provincial, city and municipal officials and other interested parties
Hearings may be conducted by the Board en banc or by a duly authorized committee thereof wherein each
sector shall be represented
The Board shall determine the date/s , place/s and time of the hearings which shall be opened to the
public except as otherwise requested by the party and so determined by the Board.
The petitioners shall present his/their evidence first followed by the oppositors.
The hearings shall be conducted in each province in the region as far as practicable.
Shall be conducted within 45 days from the date of inititial hearing .

APPEAL TO NWPC

Must be made not later than 10 calendar days from the date of publication of the WO
Only on grounds of: (1) non-conformity with prescribed guidelines and/ or procedure ; (2)
questions of law; and (3) grave abuse of discretion
Does not suspend the effectivity of WO; unless bond equivalent to increase is posted
Unappealable
Decide such appeal within 60 calendar days from the filing thereof
The filing of the appeal do not stay the order unless the person appealing such order shall
file with the Commission an undertaking with a surety or sureties satisfactory to the

ISSUANCE OF WAGE ORDER

Issues within 30 days after the conclusion of the last hearing


It shall specify the region, province or industry to which minimum
wage rate prescribes, if any
May not be disturbed for a period of 12 months from its effectivity
No petition for wage increase shall be entertained with the same
period, except:
Supervening conditions exists, e.g. such as extraordinary increase in
prices of petroleum products and basic goods/services
The Board shall prepare the necessary IRR not later than 10 days from
its issuance

PETITION FOR CERTIORARI IN


THECOURT OF APPEALS (RULE 65)

Not later than 60 days from


the
notice
of
the
judgmenr,order or of the
judgment, resolution order or
resolution

APPEAL BY CERTIORARI IN
THE SUPREME COURT
UNDER RULE 45

Within fifteen (15)


days from notice
of the judgment
or final order or

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