revenue_memorandum_circular RMC No. 50-2015RMC No. 50-2015 2015-09-01

RMC No. 50-2015 — Publishes the Daily Minimum Wage Rates in Western Visayas pursuant to Wage Order No. RB VI-22

BUREAU OF INTERNAL REVENUE REPUBLIC OF THE PHILIPPINES DEPARTMENT OF FINANCE Quezon City BURMAU GF INTONNAN ASVONUE RECORDS MGT DIVSION RFCEIVE Str 0 205 2.55PM iMega

D August 13, 2015

REVENUE MEMORANDUM CIRCULAR NO. 50-3D1s

SUBJECT Order No. RB VI - 22. Publishing the Daily Minimum Wage Rates in Region VI Pursuant to Wage

TO . All Internal Revenue Officials, Employees and Others Concerned

Order No. RB VI - 22 issued on March 30, 2015 and published in the Panay News on April 17, 2015 For the information and guidance of all concerned, quoted hereunder is the full text of Wage

Republi iePhilippino

REGIONALTRIPART National Wages and Productivit Regio Hoilo City ESANDPRODUCTIVITY HOARD dNoV I Le

S C..

WAGE ORDER NO.RBVI-22 PROVIDING FOR THE NEW MINIMUM WAGE RATES IN WESTERN VISAYAS

Western Visayas (othewise referred to as the Board) is mandated under R,A. 67z7 continuing studiea in the detemination of the minimum wage rates applicable in the (The Wage Rationalization Act), to periodicaily assess the wage rates and conduci Regior WHEREAs. the Regional Tripartite Wages and Productivity Board VI,

2013, covsred by Wage Order No.RBVI-21j WHEREAS, the last minimum 1 adjustment took effect November 29.

Php75.00; and Php72.00 daily wage increase in the private sector in Region Vt for workers empioyed in establishments with ten (10) workers and beiow ana Non. Plantation Workers.respectively. Non-Agricultural/ndustrial/Commercialwotkers: enera WHEREAS. on July 16, 2014. a petition for Wage increase was fled by the Alliance ' of Workers "Associations (GAWA), 3eeking for a "Php85.00 Agriculturat-Plantation workers.

was filed by the General Atliance of Workers Associations (GAWA and the New independent Workers Organization {NWO} onginal petition. ended Petition for Wage Increase were the sarne as the amounts sought for in WHEREAS,on September 22, 2014 an Amended Petition for Wage Increase The amounts sought for in the

filed by the General Alliance of Workers' Associations (GAWA) and the CENECO Union of Ratnnal Employees (CURE) City. Fripartite On the same date, suppietory to the Amended Petition for Wage Incroase was WHEREAS, on November 11, 2014 a group consultation with the Provin e (ndustrial Peace Counci1-llcilo (PTiPC),w) onducted by the Board in lloio P

22.2015 filed by the Association of Minimum Wage Earmers and Advocates Philippine Trade and General Workers Organization (AMWEA-PTGWO). seeking ar December 01, 2014 and public hearings were conducted on January 13. 2015 in Roxas City: January 30, 2015 in Kalibo, Aklan: February 10, 2015 in 1oila City: February 20. 2015 in Bacolod City. increase of One Hundrexd Eighty-Two Peso hearings WHEREAS annther petition for wage 3 urstton UCT While in the proce se was received by the Board on Januaiy and 60/100 (Php182.60) was canducled in Bacolod City on of conducting the public An

BUREAU OF INTERNALREVENU 3.3F.1011Y 033320-586 UiGE E-mai Addreysirob6@vahao.com*Hebsite 0PEEF 5 Jaro Hloilg CiEy dole.gorph INTERNAL COMMUNICATIONS DIVISION LMA SEP 02 2015 Page i of s

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opinions/stands of the workers and management in the differant public haarings the Confederation of Sugar Producers' Associations, inc.-Negros/Panay Chapter and the Western Visayas Inter-Chamber Regional Group: and the recent econornic growth as manifested by the construction boom in Region V and the projected effects of the ASEAN Economic Community (AEC) in 2015. Comnerce and industry, the Philippine Chamber of Commeros and industry-Aklan the iloito Busineas Sector, the Metro Bacalod Chamber of Commerce and Industry conducted; Position Papers of the Hoilo Bakers Assoxciation, the Antique Chamber of WHEREAS, the Board, in its deliberations, took into consideration the

agreed to set the new minimum wage rates in the Region. WHEREAS, after consideration of the above circumstances, the Board

implement thair productivity improvement programs to enable them to grant productivity-based pay on top of and in adition to the minimum wage: WHEREAs, the Board has been encouraging industries/establishments to

Republic Act Na. 6727, the RTWPB Vi hereby issues this Wage Order. NOw THEREFORE, by virtue of tha power and authority vested under

follows: Wage Order, the new minimum wage rates in the private sector in the Region are as SECTION 1. NEW DAILY MINIMUM WAGE RATES. Upon effectivity of this

SectorAndustry No.RBV-21 Wage Under Wage Order Minimum Increase Basic Wage Minimum Rates. Wage New

Non-Agricuture/ {ndustrial I Commercial

a. Employing more than ten (10} workers b. Employing ten {10} workers and below Php245.00 Php287.00 Php11.50 Php11.50 Php256.50 Php298.50

Agricut ure a.. Plantation Php255.co Php11.50 1 Php286.50

b. Non-Planlation Php245.00 Php11.50Php256.50

BUREAU GF INTERHAL RENENUE RECCRDS MGT JIVISION SE0i2051 asspu an

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shall apply to all minimum wage earners in the private sector in the Region regardiess of their position, designation or status of employment and irrespective of the method by which they ars paid. SECTION 2. COVERAGE. The wage increa3e prascribed in this Wage Order

the personal service of another and workers of duly registered Barangay Micrs Business Enterprises (BMBEs) with Certificates of Authority pursuant to Republic Act No. 9178. This Wage Order shall not cover household or domestic workers. persons in

construction projects, and for securty, janitorial and similar services, the prescribed the construction / service contractors and the contract shail be deemed amended accordingly. increases in the wage rates of the workers shall be borme by the principal or client of SECT!ON 3. APPLICATION TO CONTRACTORS. In case of contracts for

wage rates, the construction/service contractor will be jaintly and severally liable with his principal or dient. In the evem, however, that the principal or cient fails to pay the prescribed

considered as compliance witn the increase prescribed herein. However, payment of any shortfall in the wage increase set forth herein shall be covered siaring School In the case of private educational institutions, the share of covered workers and their employees in the increase of tuition fees for the School Year 2015-2016 shall be Year 2016-2017 SECtION 4. APPLICATION TO PRIVAtE EDUCAtIONAL INSTITUTIONS.

Schooi Year 2015-2016 may defer complianca with the wage rates prescribed herein until the baginning of School Year 2018-2017 Private educational institutions which have not increased their tuition fees for

prescribed herein starting Schcol Year 2016-2017. In any case, all private educational institutions shall implement the wage rates

including those who are paid on piecework, "iakay", "pakyaw" or task basis, shall be entitled to roceive not less then the preacribed wage rates a day, or a proportion thereof for working less than eight (B) hours. SECTION 5. WORKERS PAID BY RESULT. All workers paid by TesuIt

BUREAU OF INTERNAL REVENUE RECORDS MGT. DIVISION sL D 1 205 2*P A C

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appremticas and ieamers shal in no case be less than seventy-five percent (75%) of the applicable minimum wage raies prescribed in this Order. SECTION 6.WAGES OF SPECIAL GROUPS OF WORKERS. Wages of

the effectivity of this Order shall be considered automatically modified insofar as their wage ciauses are concemed to reflect the new minimum wage rates. All recognized learnership and apprenticeship agreements entered into before

wage rates prescribed herein pursuant to Republic Act No. 7277. otherwise known as the Magna Carta for Disabled Persons. All qualified handicapped workers shali receive the full amount of the new

establishrnents adversely affected by calamities such as natural and/or hurnan induced disasters. case of a calamity, the Bcard may accept applications for exemptions for SECTION 7.EXEMPTION3. No exemotions shall be allowed.However, in

Wage Order may fle an appeal to the NWPQ, through the Board, in three (3) printed copies, not later than ten (10) days from publication of this Wage Order. SECTION 8.APPEAL TO THE COMMISSION. Any party aggrieved by this

application of the increase prescribed in this Order results in distortions in the wage Structure within the establishment, it shall be corrected in acrordance with the procedure provided for under Article 124 of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines SECTION 9. EFFECTS ON EXISTING WAGE STRUCTURE. Where the

studies, gocd housekeeping, quality circles, labor and managerment cooperation as well as implementation of gainsharing and other performanca-incentive programs. and eventually improve their quality of fife. These PiP may include time and motion PROGRAMs (PIP). In order to sustain rising levels of wages and enhance competitiveness, labor and management as partners are encouraged to adopt productivity improvement schemes to enable them to produce more and earn more SECTION 10. PRODUCTIMITY AND OTHER PERFORMANCE INCENtIVE

of Labor and Employment and shall be the subject of anforcement proceedings under Articles 128 and 129 of the Labor Code, as amended. compliance with this Order shall be filed with the Regional Office of the Department SECTION 11. COMPLAINTS FOR NON-COMPLIANCE. Complaints for non

RECORDS MGT DIVISION BUREAU OF INTERNAL REVENUE SeF 0 1 205 :350.M

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or agreement between the workers and employers. be construed to reduce any existing wage rates, ailowances and benefits of any fom under existing laws, deerees, issuanoes, executive orders and/or under any comtract SECTION 12. NON-DIMINUTION OF BENEFiTS. Nothing in this Ordar shai!

permanent injunction, or temporary restraining order may be issued by any court. tribunal or other entity against any proceedings before the Board. SECTION 13. PROHIBITION AGAINST INJUNCTION.: No preliminary Or

to prevent workers in particular frms or enterprises or industries from bargaining for higher wages with their respoctive employers. SECTION 14.FREEDOM TO BARGAIN. This Qrder shall not be constnuied

Year thereafter in accordance with the form prescribed by the National Wages and Pro ductivity Commission. corporation, partnership or any entity engaged in business shall submit a venfied report on their wage structure to the Board not later than January 31, 2016 and every SECTION 1S. REPORTING REQUIREMENT. Any person, company

Cormply with this Ordsr shall be subject to the ponalties specified under Republic Act No, 8727, as amended under Republic Act No. 8188. SECTION 16. PENAL PROVISION. Any empioyer who refuses or fails to

Yegulations or parts therecf inconsisternt with the provisions of this Wage Order are hereby repealed, amended or modified accordingly. SECTION 17. REPEALING CLAUSE. All orders,issuancos, rules and

Wage Order is declared unconstitutional, or in conflict with existing law, tha other provisions ar parts thereof shall remain valid. SECTION 18. SEPARABILITY CLAUSE. If any provision Or part of this

Productivity Board Vi shall submit to the Commission the necessary Rules and Regulations to impiement this Order subject to approval of the Secretary of Labor and Employment not later than ten (10) days from publication of the Wage Order SECTION 19. IMPLEMENTING RULES. The Regional Tripartite Wages and

Pursuant to the Two-Tiared Wage System, the Board shall issue corresponding SECTION 20. ADVISORY ON PRODUCTIVITY-BASED PAY (PEP).

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guidelines for pnvate establishments on the range of productivity bonuses and advisories on the 2n tier or the productivity-based pay which shalt serve as incentives that an enterprise may provide based on agreement between workers and management.

monitor the implementation of the agreed Productivity-Based Pay. The Department of Labor and Employment (DOLE) Regional Office 6 shali

after its publication in a newspaper of goneral circulation in the Region. SECTION 21. EFFECTIVITY. This Order shall take effect fifteen (15) days

APPROVED.lloilo City, Philippines,March 30, 2015.

Employers'Representative LUIS RESTREYLA Workers' Repnesentative HERMANE P.BRAZA

Emp JOHNPETERZMILLAN vers Representative Workers'Representative WENNIE G.SANGHO

ahon WILHELM M.MALONeS Regional Director,DTI Vica-Chairperson Regional Director,NEDA ROANN A.BACAL Vice-Chairperson

PONCIANGMNLIGUTOM Regioal irectbrDOL Chairperson

as possible. All revenue officials and employees are hereby enjoined to give this Circular a wide publicity

J- 5 BUREAU OF INTERNAL REVENUE RECORDS MGT. DJVISION SE02015 2:55 P.M M Aaa Commissioner of Internal Revenue KIM S. JACINTO-HENARES 034865

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