PROCEDURE IN WAGE FIXING

Source: NWPC Guidelines No. 01

Series of 2007
(Amended Rules of Procedure on Minimum
Wage Fixing)

By: Ma. Kriska Angela H. Tumamak

 PROCEDURE IN WAGE FIXING

Motu Proprio by
By Virtue of a
Regional Tripartite Verified Petition For
Wages and Wage Increase.
Productivity Board
(RTWPB)
 PROCEDURES

Motu Proprio Verified Petition

15 days publication of Notice of

Public Hearing; 3 Legible Copies containing the ff:

Oppositor may file with the

Name/s; addresses of Petitioner
RTWPB and signature/s of authorized
on or before the intial Hearing; officials;

Oppositor must file his verified

Grounds for the Petition;
Oppo
Amount of Wage increase sought; and
sition to the Petition or action in 3
Area and/or industry covered.
legible copies containing the ff
Name/s; addresses of
Petitioner
and signature/s of authorized Publication of Notice Hearing for at least 15 days before the date
officials; Of initial hearing. Published in a newspaper of general circulation
In the region and/or posted in places as determined by RTWPB.
Grounds for the
Opposition;
Relief sought;

RTWPB shall give Notices to the ff:

EE's and ER's group;

Provincial, City, and Municipal Officials;
Public
Other interested Parties.

Hearings/
RTWP may also conduct w/ concerned
sectors (applicable to Motu Proprio)
Consultatio
ns
PROCEDURES COMMON TO BOTH

Hearings may be conducted by:
Public The Board en banc; or
Hearings/ Duly authorized committee wherein
each sector
Consultatio shall be represented.
ns
In case of a Verified Petition for Fixing Wage, Order of
Hearing shall be the Petitioner shall present his/her
evidence first, followed by the oppositor, if there is any.

The hearing shall be conducted in the manner that shall
ensure that all sectors and parties who stand to be
directly affected by the Board are given the wides
opportunity to be heard.

The Board is not bound to observe strictly by technical
The Board shall decide the rules of evidence and procedures.
merits of the Petition within 30
Hearing is concluded within 45 days from the date of
days after conclusion of the last initial hearing except when conditions in the region
hearing. warrant otherwise.

Issuance of Wage Order must not be lower than the

Wage applicable statutory minimum wage
Order rates.
PROCEDURES COMMON TO BOTH
Specify the region, province, or industry to which the mini-
Contents of a Wage Order
Issuance of Mum wage rates prescribed under the Order shall apply.

Wage
Order Frequency of a Wage Order
Exemptions if there is any.

A wage order issued by the Board may not

be disturbed for a 12 mos. period from its
effectivity, UNLESS upervening conditions
demand a review of the minimum wage rates
as determined by the Board AND confirmed
by the NWPC.

The RTWPB shall furnish the NWPC a

copy of the Decision on the Petition /
Findings of their action.

Review by NWPC
PROCEDURES COMMON TO BOTH
Review by
NWPC
RTWPB shall submit for
approval of the DOLE Sec.
upon recommendation of the
NWPC, the necessary IRR of
the Wage Ordernot later than
10 days from
the review of the Wage Order.
DOLE Sec. Shall act within
20 Days from receipt of the
IRR.
To NWPC
RTWPB shall cause the
publication of the IRR in at
least 1 newspaper of general
circulation in the region.
Publication of
Wage Order
Published in at least
one (1) newspaper of
general Circulation in
the region for 15 days
after Review by NWPC
of the Order.
Effectivity
APPEAL
Must be filed with the Board not later
than
10 days from the date of publication of the
Order;
Accompanied by a memorandum of
appeal
stating the grounds, arguments supporting '
the same, and relief;
3 legible copies.
PROCEDURES COMMON TO BOTH
Publication of APPEAL
Wage Order To NWPC

NWPC shall decide

on
the Appeal within 60
days from the filing of
said Appeal.

Effectivity

DECISION

Must be filed with the Board not later
than
10 days from the date of publication of the
Order;
DOES NOT STAY unless appellant files w/ the NWPC an

Accompanied by a memorandum of
undertaking with a surety/ies to the NWPC for payment to appeal
employees affected by the Order of the corresponding in- stating the grounds, arguments supporting '
crease, in the event such Order is affirmed. the same, and relief;

3 legible copies.
PROCEDURES COMMON TO BOTH
NWPC'S
DECISION

Court of Appeals
By virtue of Petition for
Review on Certiorari
Under Rule 45 of the Rules
(within 15 days from receipt of
Decision)
Supreme Court
By Virtue of Petition for Certiorari
Rule 65 of the Rules
(within 60 days from receipt of Decision)

Assailed? Supreme Court

By virtue of Petition for
Review on Certiorari
Under Rule 45 of the Rules
(within 15 days from receipt of
Decision)

Finality
Procedures in Wage Distortion
Organized Establishment
ER & Union negotiates
to
Correct the distortion.
FINALITY

Grievance Procedure
under their CBA

SC
Voluntary Petition for
Arbitrator Certiorari
(Rule 65)
OR
CA SC
through Rule 43 Petition for Review
On Certiorari
(Rule 45)
Procedures in Wage Distortion
Unorganized Establishment

EE & ERs endeavor to

correct the distortion.
FINALITY

NCMB

SC
Petition for
NLRC-RAB Certiorari
(Rule 65)
OR
CA SC
through Rule 45 Petition for Review
On Certiorari
(Rule 45)