BERNARDINO, VINCE DAVE A.

LAW 214

MODULE 11
PROCESS IN ISSUING A WAGE ORDER

WHEN INTIATED BY THE BOARD:

BY VIRTUE OF A PETITION FILED OTHER
WHENEVER CONDITIONS IN THE REGION, PROVINCE OR THAN THE BOARD:
INDUSTRY SO WARRANT, THE BOARD MAY, MOTU PROPIO OR A PARTY MAY FILE A VERIFIED PETITION FOR WAGE INCREASE WITH THE
AS DIRECTED BY THE COMMISSION, INITIATE ACTION OR APPROPRIATE BOARD IN TEN (10) TYPEWRITTEN LEGIBLE COPIES
INQUIRY BY TO DETERMINE WHETEHER A WAGE ORDER CONTAINING THE REQUIREMENTS PRESCRIBED BY LAW
SHOULD BE ISSUED.

PUBLICATION OF NOTICE OF PETITION/ PUBLIC

OPPOSITION:
ANY PARTY MAY FILE HIS OPPOSITION TO
THE PETITION ON OR BEFORE THE INITIAL
HEARING. SUCH SHALL BE FILED WITH THE
BOARD IN TEN (10) TYPEWRITTEN COPIES
CONTAINING THE REQUIREMENTS
PRECRIBED BY LAW.
HEARING:
A NOTICE OF PETITION AN/OR PUBLIC HEARING
SHALL BE PUBLISHED IN A NEWSPAPER OF
GENERAL CIRCULATION IN THE REGION AND/ OR
POSTED IN PUBLIC PLACES AS DETERMINED BY
THE BOARD
CONSOLIDATION OF PETITIONS:
IF THERE IS MORE THAN ONE PETTION
FILED, THE BOARD MAY, MORU PROPIO OR
ON MOTION OF ANY PARTY, CONSOLIDATE
THESE PETITIONS FOR PURPOSES OF
CONDUCTING JOINT HEARINGS.

PUBLIC HEARINGS:

PRIOR TO THE ISSUANCE OF A WAGE ORDER, PUBLIC

HEARINGS SHALL BE CONDUCTED GIVING NOTICES TO
EMPLOYEES’ AND EMPLOYERS’ GROUPS, PROVINCIAL, CITY,
AND MUNICIPAL OFFICIALS AND OTHER INTERESTED PARTIES.

HEARINGS SHALL BE CONDUCTED WITHIN FORTY-FIVE (45)

DAYS FROM THE DATE OF INITIAL HEARING EXCEPT WHEN
CONDITIONS IN THE REGION WARRANT OTHERWISE.

ISSUANCE OF WAGE ORDER:

WITHIN THIRTY (30) DAYS AFTER THE CONCLUSION OF THE

LAST HEARING, THE BORAD SHALL DECIDE ON THE MERITS OF
THE PETITION, AND WHERE APPROPRIATE, ISSUE A WAGE
ORDER ESTABLISHING THE REGIONAL MINIMUM WAGE RATES
TO BE PAID BY EMPLOYERS WHICH SHALL IN NO CASE BE
LOWER THAN THE APPLICABLE STATUTORY MINIMUM WAGE
RATES.

EFFECTIVITY:

A WAGE ORDER SHALL TAKE EFFECT FIFTEEN (15) DAYS

AFTER ITS PUBLICATION IN AT LEAST ONE (1) NEWSPAPER OF
GENERAL CIRCULATION IN THE REGION.

APPEAL TO THE COMMISSION:

ANY PARTY AGGRIVED BY A WAGE ORDER ISSUED BY THE

BOARD MAY APPEAL SUCH ORDER TO THE COMMISSION BY
FILING A VERIFIED APPEAL WITH THE BOARD IN THREE (3)
TYPEWRITTEN LEGIBLE COPIES, NOT LATER THAN 10 DAYS
FROM THE DATE OF PUBLICATION OF THE ORDER.

PERIOD TO ACT ON APPEAL:

THE COMMISSION SHALL DECIDE ON THE APPEAL WITHIN

SIXTY (60) DAYS FROM THE FILING OF THE SAID APPEAL.
 CORRECTION OF WAGE DISTORTION
AN ORGANIZED ESTABLISHMENT:
ESTABLISHMENTS WITH COLLECTIVE BARGAINING
AGREEMENT
CORRECTION IN WAGE DISTORTION SHALL
BE RESOLVED IN ACCOPRDANCE WITH THE
PROCEDURES UNDER THE CBA.
VOLUNTARY ARBITRATION:
IF THE DISPUTE REMAINS UNRESOLVED,
VOLUNTARY ARBITRATION SHALL TAKE
PLACE AND SHALL BE RESOLVED WITHIN
TEN (10) DAYS FROM REFERRAAL.
APPEAL TO THE COURT OF APPEALS (RULE 43):
SINCE DECISIONS ARE FINAL AND EXECUTORY, THE REMEDY
TO BE FILED WITH THE COURT OF APPEALS SHALL BE MOTION
TO STAY SUCH DECISION AND A PETITION FOR REVIEW.
THE APPEAL SHALL BE TAKEN WITHIN 15 DAYS OF THE FINAL
ORDER OR RESOLUTION, OR OF THE DENIAL FOR MOTION OFR
RECONSIDERATION.
APPEAL TO THE SUPREME COURT UNDER RULE 45:
THE AGGRIEVED PARTY MAY FILE AN APPEAL WITHIN 15 DAYS
FROM THE NOTICE OF JUDGMENT OR FINAL ORDER OR
RESOLUTION BY THE APPELLATE COURT.
AN UNORGANIZED ESTABLISHMENT:
ESTABLISHMENTS WITH NO COLLECTIVE BARGAINING AGREEMENT
COMPLUSARY ARBITRATION UNDER THE
CONCILIATION UNDER THE NCMB: LABOR ARBITER:
IF NO SETTELEMENT IS ARRIVED WITHIN
NCMB WILL TRY TO SETTLE THE DISPUTE
THE TEN (10) DAY PERIOD, THE LABOR
THROUGH AMICABLE SETTLEMENT AND MUST BE ARBITER SHALL DECIDE THE CASE WITHIN
ARRIVED AT WITHIN TEN (10) DAYS FROM TWENTY (20) CALENDAR DAYS FROM THE
CONCILIATION. TIME THE DISPUTE IS SUBMITTED FOR
SUCH ARBITRATION.
VOLUNTARY ARBITRATION:
IF EMPLOYER REFUSES TO ACCEDE TO THE
REMEDY SUGGESTED BY THE NCMB,
VOLUNTRAY ARBITRATION SHALL TAKE
APPEAL TO THE NLRC:
PLACE.
THE AGGRIEVED PARTY MAY FILE AN
THE DECISION OF SUCH ARBITRATION
APPEAL WITH THE NLRC WITHIN 10 DAYS
SHALL BE FINAL AND EXECUTORY AFTER
FROM THE RECEIPT OF THE DECISION.
TEN (10 DAYS FROM THE RECEIPT OF THE
COPY OF THE DECISION BY THE PARTIES.
A MOTION FOR RECONSIDERATION IS
ALLOWED WITHIN THE TEN-DAY PERIOD.
PETITION FOR CERTIORARI WITH THE
COURT OF APPEALS:
THE AGGRIEVED PARTY SHALL FILE AN
APPEAL NOT LATER THAN 60 DAYS FROM
NOTICEOF THE JUDGEMENT, ORDER, OR
RESOLUTION.