Republic ofthe Phitppines Department of Labor and Employment > National Wages and Productivity Commission REGIONAL WAGES AND PRODUCTIVITY BOARD X li Tene 0b) Se0 300 ebtoNooTTaS e535 ml Aches peed nm ste ropes ough WAGE ORDER NO. RB X.DW.01 PROVIDING FOR WAGE INCREASE FOR DOMESTIC WORKERS IN REGION X WHEREAS, the Regional Trparite Wages and Producivity Board RTWPB-X is mandated under R.A. No. 6727 (The Wage Rationalization Act), to periodically assoss wage Fates and conduct continuing stucies inthe determination ofthe minimum wage applicable the region or industy, WHEREAS, Section 2¢ of Republic Act No, 10361, entitled (An Act Inttuting Policies for ‘the Protecton and Welfare of Domestic Workers or Batas Kasamibahay) which took elect on 10, February 2073, sets the minimum wage of domestic workers and) mandated the Regional Trpartte Wages and Productivty Boards to review, and if proper, determine and adjust the minimum wage rates of domestic workers one (1) year from the effecivy of the law end petodially thereat, WHEREAS, ater conducting kasambahay phone survey within Region X on August 7-11, 2017, September 11-16, 2017, October 8-18, 2017, end actual survey of Kasembahay on ‘August 13, 2017 in Cagayan de Oro Cy and ater due ntce to concerned sectors, the Board conducted stakehokders' consultations and public hearing on October 22,2017, at Grand City Hote A Velez St. Cagayan de Oro cry, tO cetermine the propriety of Issuing a new wage ‘order for domestic workers; WHEREAS, after a thorough evaluation ofthe exting socio-economic contions ofthe region, the Board has determined the need to adjust the minimum wage of domestic workers to tenable them to cope with the rising cost of ving: NOW THEREFORE, by vitue of the power and authonty vested under RA. 6727 and RA 10361, this Board hereby issues this Wage Order. ‘Section 1. NEW MINIMUM WAGE RATES. Upon effectivity of this Wage Order, the new ‘monthly minimum wage rates of Domestic Workers In the region shall not be las than the ‘olowirg MINIMUM WAGE NEW MONTHLY AREACLASSIFICATION | UNDER | INCREASE | MINIMUM WAGE RA 10361 RATE (Chartered Cites and FF | pnp2.000.00 | Prpt.000.00 | _Php3,000.00, Pipi,500.00 | Paps00.00 | Phs2,000.00 Section 2. COVERAGE. This Wage Order shall apply to all Domestic Workers in Region , whether ona live-in orlive-out arrangements, sych as, but not mite to Eeanuan sa s ae J ae ~2. Laundry Person; oF Any person wie regulary performs domestic workin one household on an occupational basis “The folowing are not covered 1. Service Providers Family Drivers ©. Chidren under foster family arrangement; and 4. Any other person who performs work occasionally or sporatically and nat on an ‘ccupatonal basis, Section 3. MODE/FREQUENCY OF PAYMENT. The wages of the Domestic Workers shall be paid in cash at least once a month. No deductions from the wages ofthe domestic ‘workers shall be made other than those mandates by iw ‘Section 4. APPLICATION TO PRIVATE EMPLOYMENT AGENCIES (PEAs). In the c2se of hirngloontracting of Domestic Workers services through @ licensed PEAS, tne wage rates prescibed under this Order shall be borne by the principals or cents ofthe PEAS and the ‘contract shall be deemed amended accordingly. In the event, however, thatthe principals or clients fall o pay the prescribed wage rates, the PEAS shal be joint and severally ible with his principal or Giant Section 6. NON-APPLICABILITY OF EXEMPTION. This Wage Order does not allow exemption Section 6. APPEAL TO THE COMMISSION. Any party aggrieved by this Wage Order ‘may flo an appeal to the NWVPC, through the Board, in tree (3) printed copes, not later than {on (10) days from the pubioston of this Wage Order, subject to compliance wth Sections 11 ‘and 12. the NWBC Guidelines No, 07, Saige of 2044 Section 7. COMPLAINTS FOR NON-COMPLIANCE. Complaints for non-compliance withthe Wage Order shal be fled before the DOLE Fila/ProvincalRegional Offoe No, X and shall go through the thity (20) day mandatory concilaton under the DOLE Single Enty ‘Approach (SEA) program to exhaust all efor or setiement ‘The DOLE Regional Director shal issue a compliance order within ten (10) days from the ‘submission ofthe case fo resoltion, Section 8. UNLAWFUL ACTS AND PENALTIES. Withholding and interferenes in the csposal of wages of the Domestic Werkers are deviarad unlawful and shall be punishable with 4 fine of not ls than Ten Thousand Pesos (Php10,000.00) but nat more than Forty Thousand Pesos (Pnp40,000.00), without prejudice to the fling of the appropriate evil andlor erminal action by the aggrieved paty pursuant to Rule Xl, Sectons 1 and 2 of Implementing Rules and Regulations of Republic Act 10361 D _ section 9. BOARD, LODGING AND MEDICAL ALLOWANCE. The employer shall provide for the basic necessiee ofthe domestic worker to include at lags trae (8) adequate ‘meals a day and humane sleeping srrengements that ensure safety. e ‘The employer shall provide appropriate rest and assistance to the domestic worker in case o ness and ules sustained during service without los of benefits [At no instance shall the employer withdraw or hod in abeyance the provision of these basic necessities as punishment or cscpinary acon to the domestic worker. ‘Section 10. NON-DIMINUTION OF BENEFITS. Nothing n ths Order shall be construed to reduce any existing wage rates, alowances and benefits of any form under existing lawsocrees, issuances, executive orders andlor under any contract or agreement between the ‘workers and employers ‘Section 10. PROHIBITION AGAINST INJUNCTION. No preliminary or permanent Injunction or temporary restraining order may be issued by any cour, tribunal or other entity ‘against any proceedings before the Boar. ‘Section 11. FREEDOM TO BARGAIN. This Order shall not be constued to prevent ‘Domestic Workers from bargaining for higher wages with their respective employers. Section 12. COMPETENCY-BASED PAY. Household employers and thei domestic \wotkers may voluntary and mutually agree to adopt a competency-based pay scheme in sting {and adusting the pay of domestic workare over and above the applicable minimum wage, Section 13. REPEALING CLAUSE. Al order, issuances, rules and regulations or pats thereof inconsistent with the provisions of this Wage Order are hereby repealed, amended or ‘mocifed accordingly. Section 14. SEPARABILITY CLAUSE. If any provision or pert of this Wage Order is. Commission oF NWPC.~ refers tothe Natoral Wages and Productvty Commission, «Board ~ refers to the Regional Tripartite Wages and Produciviy Board of Region X 14 DOLE-X refers tothe Department ckLaber and Employment Regional Offce No. X 1 TESDA~ refers tothe Tecinical Education and Sills Development Authority. {. Republic Act 10361 - refers to the law enacted by Congrass known as an “Act Insttting Poleies forthe Protection and. Wollare of Domest Worker” commony referred to as Batas Kasambaray 9. NWPC Guidelines 01-14 ~ refers to the rules of procedure on minimum wage fring for domestic workers h. Domestic Worker ~ refers to any person engages in domestic work within an ‘employment relationship, wheter on 2 Ive-n or Iveoul arangement, such as, Ut rot limited to, general househeip, ‘yaya’. cook, gardener, oF laundry person, but shal ‘exclude service, tami drivers, ehilaten who are under foster family arrangement. O° any person who performs domestic work only occasionally of speragicaly and not on an ocupational basis. |. Basie Necessities — is defined pursuant 1o Rule IV, Sacton 13, Rules Implementing RA. 10361 "0 include: a) At least three (3) adequate meals @ day, taking into consideration the Kasambahay’s religous bells anc cutural practoes, 6) Humane sleeping conditions that respects the person's privacy fr live-n artangoment, and c) Appropriate rest and mada! assistance in the form of frstad mecicnes, i case oF luness and injuries sustained curing service without oss of bene, For the Kasamtahay under ve-out arrangement, halshe shall be provided space forrest. fand access f0 saritary facies | Private Employment Agency (PEA) ~ refers to any individual, legitimate partners, ‘corporation cr enity lconsed te engage in the recrutment and piacerent of comestic workers "local enqsoyment. k_ Single Entry Approach (SEnA) —rofars to an administrative approach to prowdle @ Speedy, impartial, inexpensive and acsessble setement procedure ot ai labor issues 6 oafiets to prevent em ram pening mol Bown e { go & A YF S| Competeney-Based Pay Scheme ~ refers to a compensation system that rewards domestic workers with addtional pay a) by reason ofthe National Corfication I program ofthe TESDA or) by wition mutual agreement RULE WAGE ADJUSTMENTS ‘Section 1, Now Monthly Minimum Wage Rates. Upon etfectviy of Wage Order No. DW RB- X-DW.O1, the new monthy ranimum wage rates for domestic workers in the Rogion shal ol be ess tan the flowing ‘AREA CLASSIFICATION | _WiNTMUM | — “NEW NONTALY WAGE UNDER INCREASE | MiNVUM WAGE RA 10364 RATE Chartered Chics ara Frst |p, ‘i Cee oa.000.00 | Pho1,00000 | Prps,000.00 “Other Muniipalies| Phpi,s0000"/Phps0009,_| Phe? 000.00 ‘Section 2. Coverage of the Wage Order. Wago Order No. RB-X:DW.01 shall apy tall domestic workers, whether on a iivedn of iveout arrangement. such a8 but not Tite te 2 General Housanelp » Yaya, ©. Cook & Gardener (© Launary Person; or 1 Aay parson who regularly performs domastic work in one Nousehold on an ‘ccupational basis. Not covered ae the folowing 2. Sovice Providers Family Onvers © Chudren under foster famiy arrangement. and {Ay other person who partons work occasionaly or sporadically and not on a” ‘occupational basis. Section 3. Modo and Frequency of Payments of Wages. The wages of tho domestic workers ‘shall be paid in cash atleast once a mort. No payment by means of promissory fates, vouchers, coupons tokens, taka, chs, r any obyect other than cash Sal Ce alowes _}Section 4, Deductions for Loss or Damage. Ctner han those mandated by law, the employer e shall net deduct any amour fom the wages of the Domestic Worker Without Fisher writen consent or authorization; prided that, decuction for loss or damage shall only be made under the folowing conditions: 28. The Domestic Worker is claary shown tobe responsibe for the lass w& damage, t Ce ae ae deductors should rot be mace «The foal amount of suo" deductions is far and reasonable and shal ot exceod th actual loss or damage. and 4. The deduction trom the wages of the domestic wotker does not eiceed 20% of hiner wages in-reioth fe i7 Oe Section 5. Deduction for Loans. By witen agreement, the employer may deduct the loans from the wages of he comastic worker, which amount Shall not exeed 20% of hisiner wages avery month Section 6. Application te Private Employment Agencies (PEAS). In the case of hingleenvactng of domestic workers services through a licensed PEAS, the wage Fates prescribed inthe Order shall be Dame by the pracipals or cients of the PEAS ‘and the contract shal be deemed amended accorsingly In the event, however that th principals or cons fal to pay the preserved wage rates, the PEAS shall be jonly and severally lable wth his pancipl or cant ‘Section 7. Exemption from Compliance. Fling of applications for exemption rom compliance with the Wage Orderis not allowed. Section 8, Provision of Basic Necessities. The employer shall provide for the asic recesses of the domestic workers as defines mn Rue |, Section 2 ofthis Rules. ‘AL no instance shall the employer withdraw or hald in abeyance the provision of ‘hase hase nesessties as punshment or discipinary action to the domestic worker Section 9, Non-Diminution of Benefits. Nothing in the wage order shall be construsd to reduce any existing wage rates, alowances and benatits of any form under existing laws, decrees, ssuances, exceutve orders andlor any contact or agreement Between the workers ad employers. Section 10. Competency-Based Pay Scheme. Household employers and ther domeste ‘workers may voluntadly and mutually agree to adopt a compensaton systom that rewards omesie workers with adaional pay in excnange for formal TESDA Cettieaton ‘of te omestio workers mastery of ski, Knowedge ardor competencies. ‘Those who wil adost the Competency-fased Pay Scheme may refer tothe NEC Advsory on Competarcy-Based Wage for Domestic Workers fasved on 24 February 2015. RULE ‘SPECIAL PROVISIONS, Section 4. Appeal to the Commission, Any party aggrieved by the Wage Order may fle an ‘appeal with the NPC, thvoigh the Board in tree (2) laite copies, not late than ten (10) days fom the publication ofthis Wage Order, subiect to compliance with Sections 11 and 12 ofthe NWPC Guideines No, 01, Series of 20% Section 2. Complaints for Non-Compliance. Complaints for noncompliance wih the Wage ‘Order shal be fled before the DOLE FielProvinciaRagicnal Office X and shal go through she tty (30) day mandatory conctiation under the DOLE Single Entry ‘Approach (SE*A) program to exhaust al efor for satioment ‘The DOLE Regional Diector shal issue a Compliance Onter within ten (10) days {tom te Submision of the case for resolu, Section 3, Freedom to Bargain. Tho Wage Order shall not be construe to prevent Someste ‘workers om Bartana fr higher wages with their espectve empoyers Section 4, Unlawful Acts and Penalties. Wihholding and interference inthe disposal of wages of tie domestic workers are declared unlawul and shal be punishable with a fine jf Mot Tess than JerpThausard Pesos (P19,000 00) but no “ir ‘rory o Syn?‘Thousand Pesos (P40,000 00), without prejudice to the fing of he appropriate cv andlor ciminal action bythe aggrieved party pursuant to Rule XI, Sectons 1 and 2 (of implemerng Rules and Regulations of Repubie Act No. 10381 Section & Prohibition Against Injunction, No preiminary or parmanant junction or temporary resraning order may be issued by any court, tnounal er other entity against ary proceedings before Ine Board Section 6. Repealing Clause, Al orders issuances, rules and regulations or sats tharect Inconsistent with the provisions othe Wage Order are hereby repesles, amended ‘modified accordingly. Section 7. Separabilty Clause. if ary provision or part of the Wage Oxer is declared Unconstitutional, or In confit with existing law, the other provision o” pats thereot shal main vad Section 8. Ettecivty. Those implomenting Rules and Regulations shall have the same date of ‘efteciviy a that of he Wage Orcer No, DW RB. [APPROVED this Novomber 14,2017, st Cagayan de Oro City, Philippines ARSENIOT. SEBASTIAN Management Rapresentatve ipeNcK aR. Management Representative JZ Le Ia, JR. unpa. 80M100 Vide-Chaipe Vice-Chdrparson Rogional Director, NEDA.X Regiond{ Drecter, OTL. Aiea Ngee CCharperson, RTWB Regional Drecter, DOLE-X Approved this !2% day of _DECEVBER 2017, HON. E00, Seely Degen cb os mpoyment