Summary
RMC No. 64-2010 publishes the full text of Wage Order No. NCR-15, which raises the minimum wage in the National Capital Region (NCR). It was issued by the Regional Tripartite Wages and Productivity Board, NCR, of the Department of Labor and Employment.
Key points
- New daily minimum wage. Non-agriculture workers go from P382.00 to P404.00, an increase of P22.00. Agriculture (plantation and non plantation), private hospitals with 100 beds or less, retail or service establishments with 15 workers or less, and manufacturers regularly employing less than 10 workers go from P345.00 to P367.00.
- Coverage and exclusions. The rates apply to all minimum wage earners in the NCR private sector regardless of position, status or method of payment. Household or domestic helpers, persons in the personal service of another including family drivers, and workers of registered Barangay Micro Business Enterprises under RA No. 9178 are not covered.
- Special worker groups. Apprentices and learners receive no less than 75% of the applicable rate. Workers paid by result get the minimum wage per 8 hours of work or a proportion for fewer hours. Qualified handicapped workers receive the full rate under RA No. 7277.
- Contractors and schools. For construction, security, janitorial and similar service contracts, principals or clients bear the increase, and the contractor is jointly and severally liable if they fail to pay. Private educational institutions may count the workers’ share in the School Year 2010-2011 tuition increase as compliance, with any shortfall payable starting School Year 2011-2012.
- Exemptions and creditable increases. Distressed establishments, retail or service establishments regularly employing not more than ten workers, establishments with total assets of not more than P3 Million, and establishments hit by natural calamities may apply to the Board for exemption. Increases given in organized establishments within 3 months, and in unorganized establishments within 5 months, before effectivity are credited, but anniversary, merit and regularization or promotion increases are not.
- Appeals, reports and penalties. An aggrieved party may appeal to the NWPC through the Board, in 3 printed copies, not later than 10 days from publication. A verified report on wage structure is due to the Board not later than January 31, 2011 and every year after. Non-compliant employers face the penalties under RA No. 6727, as amended by RA No. 8188.
Who is affected
- Private sector minimum wage earners in the NCR
- Employers in the NCR
- Private educational institutions
- Construction and service contractors and their principals or clients
Deadlines and effectivity
- Appeal: not later than 10 days from publication
- Wage structure report: not later than January 31, 2011 and every year thereafter
- Private schools full compliance: School Year 2011-2012
Summary by Tax Resources PH. It is not a substitute for the full text of the issuance or professional advice.
Copies of BIR issuances are hosted here for reference. For the official version, check bir.gov.ph. Summaries by Tax Resources PH are not a substitute for the full text or professional advice.