The Wage Rationalization Act of 1988 established mechanisms to set minimum wages in the Philippines in a fair and equitable manner. It created the National Wages and Productivity Commission to set national policies and review regional wage levels determined by Regional Tripartite Wages and Productivity Boards. These regional boards are composed of worker, employer, and government representatives and are tasked with determining minimum wage rates for their respective regions based on factors like living costs and economic conditions. The boards issue Wage Orders which take effect 15 days after publication and can be appealed to the National Commission.
The Wage Rationalization Act of 1988 established mechanisms to set minimum wages in the Philippines in a fair and equitable manner. It created the National Wages and Productivity Commission to set national policies and review regional wage levels determined by Regional Tripartite Wages and Productivity Boards. These regional boards are composed of worker, employer, and government representatives and are tasked with determining minimum wage rates for their respective regions based on factors like living costs and economic conditions. The boards issue Wage Orders which take effect 15 days after publication and can be appealed to the National Commission.
The Wage Rationalization Act of 1988 established mechanisms to set minimum wages in the Philippines in a fair and equitable manner. It created the National Wages and Productivity Commission to set national policies and review regional wage levels determined by Regional Tripartite Wages and Productivity Boards. These regional boards are composed of worker, employer, and government representatives and are tasked with determining minimum wage rates for their respective regions based on factors like living costs and economic conditions. The boards issue Wage Orders which take effect 15 days after publication and can be appealed to the National Commission.
Shall [serve for a term of 5 years and] be Objectives: composed of: - To rationalize the fixing of minimum wages o DOLE Secretary – ex-officio - To promote productivity-improvement and gain- chairman sharing measures o NEDA Director-General – ex-officio - To guarantee the rights of labor to its just share vice-chairman - To enhance employment generation o 2 members each from workers and - To allow business and industry reasonable employers’ sectors – appointed by returns on investment, expansion, and growth the PH President upon recommendation of DOLE Secretary Collective bargaining o NWPC Executive Director Primary mode of setting wages and other Shall be assisted by a Secretariat: terms and conditions of employment o Executive Director Minimum wage rates shall be adjusted in a o 2 Deputy Directors - appointed by fair and equitable manner, considering the PH President upon existing regional disparities recommendation of DOLE Secretary Executive Director – same rank, salary, Regional Minimum Wages (Art. 99) benefits, and other emoluments as that of Minimum wage rates for agricultural and DOLE Assistant Secretary non-agricultural employees and workers in Deputy Directors – same rank, salary, each and every region shall be prescribed by benefits, and other emoluments as that of a the Regional Tripartite Wages and Bureau Director Productivity Boards (RTWPB) Commission members – same rank, emoluments, allowances, and other benefits National Wages and Productivity Commission (Art. as the labor and management 120-121) representatives in the Employees’ Attached to DOLE for policy and program Compensation Commission coordination Powers and functions: Regional Tripartite Wages and Productivity Boards o As national consultative and (Art. 122) advisory body to the President and Powers and functions: Congress on matters relating to o To develop plans, programs, and wages, incomes, and productivity projects relative to wages, incomes, o To formulate policies and guidelines and productivity improvement on wages, incomes, and productivity o To determine and fix minimum o To prescribe rules and guidelines for wage rates applicable in their the determination of appropriate region, provinces, or industries minimum wage and productivity o To undertake studies, researches, measures and surveys o To review regional wage levels set o To coordinate with other Regional by RTWPB Boards o To undertake studies, researches, o To receive, process, and act on and survey applications for exemption from o To review plans and programs of prescribed wage rates the RTWPB Implementation of plans, programs, and o To exercise technical and projects shall be through the respective administrative supervision over the regional offices of DOLE RTWPB Regional Boards shall have technical o To call a national tripartite supervision over the regional office of DOLE conference of representatives of for the implementation of plans, programs, Shall consider the following: and projects o Demand for living wages o Wage adjustment vis-à-vis Shall be composed of: consumer price index o DOLE Regional Director – chairman o Cost of living and changes or o NEDA Regional Director – vice- increases therein chairman o Needs of workers and their families o DTI Regional Director – vice- o Need to induce industries to invest chairman in the countryside o 2 members each from workers and o Improvements in standards of living employers’ sectors o Prevailing wage levels Each Regional Board shall be assisted by a o Fair return of the capital invested Secretariat and capacity to pay of employers o Effects on employment generation Wage Order (Art. 123) and family income Whenever conditions in the region so o Equitable distribution of income and warrant, the Regional Board shall investigate wealth along the imperatives of and study all pertinent facts; and, based on economic and social development the standards and criteria prescribed, shall Wages prescribed shall be the standard proceed to determine whether a Wage prevailing minimum wages in every region; Order should be issued wages shall include wages varying with: Shall take effect 15 days from its complete o Industries publication in at least 1 newspaper of o Provinces or localities general circulation in the region Wage-determining functions: Business registration: o The Regional Board shall conduct o Any person, company, corporation, public hearings/consultations, giving partnership shall file and register notices to employees’ and annually with the appropriate employers’ groups, provincial, city, Regional Board, Commission, and and municipal officials, and other the NSO (now PSA) an itemized interested parties listing of their labor component Appealing: Distortions: o May appeal to the Commission o When the application for wage within 10 calendar days from the increase results in distortions of the publication of such order wage structure within an o Mandatory for the Commission to establishment, the employer and the union shall negotiate to correct the decide such appeal within 60 distortions calendar days from the filing thereof o Shall be resolved through the o The filing of appeal does not grievance procedure under the operate to stay the order unless the collective bargaining agreement person appealing shall file with the If still unsolved, through Commission an undertaking with a voluntary arbitration surety or sureties satisfactory to the Shall be decided within 10 Commission for the payment calendar days from the time of dispute was referred to Standards/Criteria for Minimum Wage Fixing (Art. voluntary arbitration 124) o No collective agreements or Regional minimum wages shall be as is economically feasible to maintain the recognized labor unions: minimum standards of living necessary for The employers and workers the health, efficacy, and general welfare of shall endeavor to correct the employees such distortions Shall be settled through the o Authority to grant additional National Conciliation and increases: appropriate Regional Mediation Board Board If unresolved, refer to NLRC o Php 25 per day – entitled to the branch (shall decide within same in private educational 20 calendar days) institutions as soon as they have All workers paid by result, including those increased or are granted authority who are paid on piecework, takay, pakyaw, to increase their tuition fees or task basis, shall receive not less than the prescribed wage rates per 8 hours work a Exceptions: day, or a proportion for working less than 8 o Household or domestic helpers hours o Persons employed in the personal Learnership and apprenticeship: service of another, including family o Shall be considered automatically drivers modified insofar as their wage o Retail/service establishments clauses are concerned to reflect the regularly employing not more than prescribed wage rates 10 workers may be exempted Upon application with and Prohibition against Injunction (Art. 126) as determined by the No preliminary or permanent injunction or appropriate Regional Board temporary restraining order (TRO) may be in accordance with the issued by any court, tribunal or other entity applicable rules and against any proceedings before the regulations issued by the Commission or the Regional Boards Commission When application has been Non-Diminution of Benefits (Art. 127) duly filed, action or No Wage Order issued by any Regional complaint shall be deferred Board shall provide for wage rates lower pending resolution of the than the statutory minimum wage rates application prescribed by Congress If applications are not granted, employees shall Statutory minimum wage rates receive the appropriate Minimum wage rates in the private sector, compensation due them as whether agricultural or non-agricultural – provided for by this Act plus shall be increased by Php 25 per day interest of 1% per month o Exception: retroactive to the effectivity Workers and employees in of this Act plantation agricultural If agreed upon in the enterprises outside NCR collective bargaining with annual gross sales of agreements, all increases in less than Php 5M in the the daily basic wage rates preceding year – shall be shall be credited as increased by Php 20 per day compliance with the Workers and employees of increases in the wage rates cottage/handicraft prescribed industries, non-plantation If application results in agricultural enterprises, distortions, such dispute retail/service establishments shall first be settled regularly employing more voluntarily between the than 10 workers, operating parties; if deadlock, shall be outside NCR – shall be resolved through increased by Php 15 compulsory arbitration by NLRC branch representing the workers in the said New business enterprises outside NCR company Shall be exempt from the application of this o The workers’ representative shall Act for not more than 3 years from the start have the right to submit his own of operations findings to the DOLE and to testify Provided, that it is established in Region III the same if he cannot concur with and Region IV shall be exempt from the findings of the labor inspector increases only for 2 years from the start of Funds operations Shall be taken from the Compensation and Palawan, Oriental Mindoro, Occidental Organizational Adjustment Fund, the Mindoro, Marinduque, Romblon, Quezon, Contingent Fund, and other savings under Aurora shall enjoy exemption for not more RA 6688 (GAA of 1989), or from any than 3 years from the start of operation unappropriated funds of the National Treasury Contracts for construction projects [and for security, janitorial, and similar services] National Wages Council (EO No. 614) and National Prescribed increases in the wage rates of Productivity Commission (EO No. 615) the workers shall be borne by the principals Abolished or clients of the construction/service All properties and documents shall be contractors and the contract shall be transferred to the National Wages and deemed amended accordingly Productivity Commission o If principal or client fails to pay the All personnel shall be preferentially prescribed wage rates, the considered for appointments to or construction/service contractor shall placement in the National Wages and be jointly and severally liable with Productivity Commission his principal or client Any employee separated from service shall be entitled to appropriate separation pay Private establishments, companies, businesses, and and retirement and other benefits accruing other entities with 25 or more employees and to them under existing laws located within 1 kilometer radius to a commercial, savings, or rural bank Fines Upon written petition of the majority of the Any person, corporation, trust, firm, employees or workers concerned, shall pay partnership, association, or entity which the wages and other benefits of their refuses or fails to pay any of the prescribed employees within the period of payment of increases or adjustments in the wage rates wages fixed by PD No. 442 (Labor Code of shall be punished by a fine not exceeding the Philippines) Php 25,000 and/or imprisonment of not less than 1 year nor more than 2 years Certification of the record of payment of wages o Provided, that any person convicted To be issued by the bank for a particular under this Act shall not be entitled payroll period to the benefits for under the Probation Law Inspections o If violation committed: Penalty shall To be conducted by DOLE within its be imposed to president, vice manpower constraint of the payroll and president, CEO, general manager, other financial records kept managing director, or partner of the Unionized companies: DOLE inspectors shall corporation, trust or firm, always be accompanied by the president or partnership, association, or any any responsible officer of the recognized other entity bargaining unit of any interested union in the conduct of inspection Implementation Non-unionized companies: inspection shall DOLE Secretary shall promulgate the be carried out in the presence of a worker necessary IRR Approval June 9, 1989 by Pres. Corazon C. Aquino