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RA 6727 government, workers, and

Wage Rationalization Act of 1988 employers


 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

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