revenue_memorandum_circular RMC No. 22-2020RMC No. 22-2020 2020-03-04

RMC No. 22-2020 — Publishes the Daily Minimum Wage Rates in SOCCSKSARGEN (REGION XII) under Wage Order No. RB-XII-21

100 IDDI BUREAU OF INTERNAL REVENUE REPUBLIC OF THE PHILIPPINES DEPARTMENT OF FINANCE Quezon City RECORDS MGT.DIVISION fWM MAR 04 2020 UU Ncy a0s#n

February 11, 2020

REVENUE MEMORANDUM CIRCULAR NO. 22-2020

SUBJECT Publishing the Daily Minimum Wage Rates in SOCCSKSARGEN (REGION XII) under Wage Order No. RB-XII-21

TO : All Internal Revenue Officials, Employees and Others Concerned

For the information and guidelines of all internal revenue officers, employees and others concerned, we are publishing Wage Order No. RB-XII-21 which was issued on December 16, 2019 and published at Mindanao Cross on January 18, 2020:

REGIONAL TRIPARTITE WAGES AND PRODUCTIVITY BOARD National Wages and Productivity Commission Department of Labor and Employment Region XII, Koronadal City Republic of the Philippines

WAGE ORDER NO. RB XII-21

PROVIDING FORNEW MINIMUMWAGE RATESIN REGION XII

XII (RTWPB XII), is mandated to periodically assess the wage rates, and to conduct Rationalization Act, the Regional Tripartite Wages and Productivity Board - Region region. continuing studies in the determination of the minimum wage rates applicable in the WHEREAS, under R.A. No. 6727, otherwise known as the Wage

ne region; WHEREAS, the Board decided motu proprio to review the minimum wage in

conducted a public hearing/consultation on October 17, 2019 in General Santos City; WHEREAS, after giving due notices to all concerned sectors, the RTWPB X!

conditions of the Region, as well that of the results of the public hearing/consultation and deliberations conducted, the Board has determined the need to increase the prevailing minimum wage rates without impairing the viability of business and industry. WHEREAS, as a result of the review made on the prevailing socio-economic

achieving higher levels of productivity to promote economic growth, generate employment and to augment the income of workers WHEREAs, the increase is consistent with the government's policy of

Republic Act No. 6727, the RTWPB XII hereby issues this Wage Order: NOW, THEREFORE, by virtue of the power and authority vested under

this Wage Order, the new daily minimum wage shall be as follows:

Sectorllndustry Daily Basic New 2a New

No. RB XII - 20 Wage Under Wage Order Minimum Effectivity Increase Wage Upon RB XII - 21 Order No. Minimum Wage Under Rates Wage Increase Effective of Basic May 01. Tranch Wage 2020 Minimum No. RB XI1 - 21 Rates Under Order Wage Wage

Non-Agriculture P 311.00 P 15.00 P 326.00 P 10.00 P 336.00

Estabiishment Agriculture/Retai Service P 290.00 P 15.00 P 305.00 P 10.00 P 315.00

Xy, regardless of their position, designation or status of emp!oyment, and shall appiy to all minimum wage workers/empioyees in the private sector in Region Frespective of the method by which their wages are paid. SEcTION 2. Coverage. The wage rates prescribed under this Wage Order

helpers under Republic Act 10361 or the Batas Kasambahay; and, b) workers of registered Barangay Micro Business Enterprises (BMBEs) with Certificate of Authority pursuant to Repubfic Act No. 9178. This Wage Order shail not cover the following: a) household or domestic

not exceed eight (8) hours of work a day. prescribed under this Wage Order shall be for the normal working hours, which shall SECTION 3. Basis of Minimum Wage Rates. The minimum wage rates

granted by an employer to each worker or employee within three (3) months prior to the effectivity of this Order shall be credited as compliance herewith. In case the increases given are less than the prescribed minimum wage rates, the employer shall pay the difference. SECTION 4.Creditable Wage Increase/Allowances.Wage increases

wage increases, and those resulting from regularization or promotion of Such creditabie increases shall not include anniversary wage increases, merit

BRR

employees/workers, unless there is an agreement expressly allowing such crediting.

wages and enhance competitiveness, businesses are strongly encouraged to adopt management cooperation, as well as implement gain-sharing programs over and productivity improvement schemes such as time and motion studies or work necessary studies and technical assistance pursuant to Republic Act No.6971 or the improvement and measurement, good housekeeping, quality circles, labor above the regular minimum wage provided. Accordingly,the Board shall provide the Productivity Incentives Act of 1990. SECTION 5.Productivity-Based Wages.In order to sustain rising levels of

compliance with the prescribed increase under this Wage Order.However,payment private educational institutions,the share of covered workers and employees in the increase in tuition fees for School Year 2018-2019 shall be considered as f any shortfall shall be covered starting School Year 2019-2020. SECTION 6.Application to Private Educational institutions.In the case of

the School Year 2018-2019 may defer compliance with the minimum wage prescribed herein until the beginning of School Year 2019-2020. Private educational institutions,which have not increased their tuition fees for

wage rates prescribed herein starting School Year 2019-2020. In any case, all private educational institutions shall implement the minimum

SEcTION 7. Application to Contractors. In case of contracts for

ths prescribed minimum wage rates under this Wage Order shall be borne by the construction projects and for security,janitorial and similar services,the increase in

deeyned amended accordingly as mandated under the Labor Code. pringipals or clients of the construction/service contractors and the contract shali be

minimum wage rates, the construction/service contractor shall be jointly and severally liable with his principal or client. In the event, however, that the principal or client fails to pay the prescribed

day, or a proportion thereof for working less than eight (8) hours. those who are paid on piecework,"takay,""pakyaw"or task basis, shall be entitled to receive not less than the prescribed minimum wage rates per eight(8) hours work a SEcTiON 8.Workers Paid By Result.All workers paid by result,inciuding

applicable minimum wage rates prescribed in this Wage Order based on R.A.7796 and learners shall in no case be fess than seventy-five percent (75%) of the SECTION 9. Wages of Special Groups of Workers. Wages of apprentices

or otherwise known as the Technical Education and Skills Development Act of 1994

All recognized learnership and apprenticeship agreements entered into before

as their wage clauses are concerned to reflect the new prescribed minimum wage rates the effectivity of this Wage Order shall be considered automatically modified insofar

known as the Magna Carta for Disabled Persons. minimum wage rate prescribed herein pursuant to Republic Act No. 7277, otherwise All qualified handicapped workers shall receive the full amount of the

Board based on documentation and other requirements in accordance with Commission, the following may be exempted from the applicability of this Order: applicable rules and regulations issued by the National Wages and Productivity SECTiON 10. Exemptions. Upon application with and as determined by the

1. Retail/Service establishments regularly employing not more than ten (10) workers; and.

2. Establishments adversely affected by calamities such as natural and human-induced disasters.

for alleged non-compliance thereto shall be deferred pending its resolution. In the event that the application for exemption is not granted, the appicant firm shall pay the appropriate compensation due to the covered workers as provided for in this Wage Order plus interest of one percent (1%) per month, retroactive from the effectivity of this Wage Order. application for exemption has been duly filed with the Board, action on any complaint SECTION 11. Effect of Application for Exemption. Whenever an

the] increases or adjustments in the prescribed minimum wages rates under this Wage Order results in distortion in the wage structure within the establishment, the SECTION 12. Effects on Existing Wage Structure. Where the application of

same shall be corrected in accordance with the procedure provided for under Article 124 of the Labor Code of the Philippines, as amended.

to prevent workers from bargaining for higher wages with their respective employers. SECTION 13. Freedom to Bargain. This Wage Order shall not be construed

becomes subject of enforcement proceedings under Article 128 of the Labor Code 6f compliance with this Wage Order shall be filed with the Regional Office of the Department of Labor and Employment (DOLE) having jurisdiction over the workplace and shall be subject to the mandatory thirty (30) days conciliation and mediation process under Single Entry Approach (SEnA). However, if settlement fails, the case SECTION 14. Complaints for Non-Compliance. Complaints for non- A the Philippines, as amended.

be construed to reduce any existing wage rates, ailowances and benefits of any form SECTION 15. Non-Diminution of Benefits, Nothing in this Wage Order shal

A

APPROVED, DEC 1 6 2019 , Koronadal City, Phitippines

JOEMARIER Labor RY DANGELES esentative Simplicio h. Labor Rep Vitlarta, Jr. sentative

C

AttY. EUGENIO USOYAO Management Repfesentative WARREN GREGDRIO A. MANILAY Management{Representative

DORECITA T. DELIMA Vice-Chairman DTI Director TERESITA SOCORRO C. RAMOS NEDA Director Vice-Chairman BAA+ 16.1

SISINIO B. CANO, CESO Board Chaiman DOLE Director

All concerned are hereby enjoined to be guided accordingly and to give this Circular as wide a publicity as possible.

J-5 Commissioner of Internal Revenue ey CAESAR R. DULAY 033295

RFAITOF NTERNALREVENUE

NNNYN

RFCORDS MGT.DIVISION GCGI MAR 04 2020 Wr T-SAM UU

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