revenue_memorandum_circular RMC No. 59-2016RMC No. 59-2016 2016-06-03

RMC No. 59-2016 — Publishes the Daily Minimum Wage Rates in ARMM pursuant to Wage Order No. ARMM-16

C BUREAU OF INTERNAL REVENUE REPUBLIC OF THE PHILIPPINES DEPARTMENT OF FINANCE Quezon City RECOWS, MGI. DIVISION DURLAU UFHSILIAU R RECEIVED JUN U 3 2016 4:34 P.M. UMa L

June 2. 2016

REVENUE MEMORANDUM CIRCULAR NO 59-3D1u

SUBJECT Publishing the Daily Minimum Wage Rates in ARMM Pursuant

to Wage Order No. ARMM-16.

TO .. All Internal Revenue Officials, Employees and Others Concerned

Order No. ARMM-16 issued on March 1, 2016 and published in the Kutang Bato Star Weekly News on February 15, 2016: For the information and guidance of all concerned, quoted hereunder is the full text of Wage

REGIONAL TRIPARTITE WAGES & PRODUCTIVITY BOARI Autonomous Regioo in Musiim Mindn. Ir ment of Lapor and Empioyment nlcnth Cotabato City Philippune

PROVIDING TOR A NEW BASIC WAGE RATE INCREASE AT P 15.00/DAY FOR NON-AGRICULTURE AND P 5.O0/DAY FOR AGRICULTURE SECTORS WAGE ORDER NO. ARMM-16

fninimum wage rates applicabie in the region: Regionai WHEREAS. Per R.A.6727.otherwise kn Iirrtt Produetivity, Board is mnndated to determine and fix the own as the Wage Rationalizntion Act, t

and Sufu,October 24, 2015-Basiian, Novenber 16 2015. Marawi Cityffanab del Sur, Wage Rate at P250.00/day effective Fehruary 01,2014 consultations/dialogues with the tr Noveruber 25.2016-Magumdanno RMNMA WHEREAS. its been two (2) years sincc the Wage Board had issued Wage Order WHEREAS. proviang the. 1 anosic Regional - Wage tr>xrtite creas Board. 2i at Pi8.00/day, thus making the Mininun ceCn rru propio. 3.*} conducted public C -Taw and

tnade the following a WHEREAS, after the conduct of said public consultations, thc Regional Wage Board xy

b A That the EMPLOYERS shall continue to develop and improve their poticies c Tho }.*..I c vage benefits.bont tors supported the productivity bnsed scheme on the firn level. in : EMPLOYERS nd other related incentive and WORKER$ support tminimiun Wage

d) That the"ARMM,under the leadership of RG MUJIV S. HATAMAN, maintains to offer the iowest minimum wage to attract more investors hereand ahroad. ryrvfirsr. ntatior compared to neighboring rcgions, in order

ProduciivityBoard s SSISUIS 6727. known as the NOW, THEREFORE, by virtue of the power and authority vested under Rcpublic Act Wagc Order Autonomous Rcgion in Muslim Mindanao (RTWPR-ARMM)hereby wage Rationalization Act* the Regional Tripnrtite Wages

covered workers in the region shall be increased by w Wage Rate. Upon offect ivity of this, Wage Order the basic >T

FIVE PESOS (P5.00) per day hasic wage for Agriculture Plar FIFTEEN PESOS (P15.O0) per day basic wegc for Non-Agriculture Plantatio ntaticm

The new minimum wage rates of covered workers shall be as foliows nD Ar V- ARMM

Industrial/Muufacturing Construction/Comncrciai Mining/Academey Agticulture f Sector/Industry artatr Agriculture Minimurn Wage under Wage P250.00/day P250.00/da Order No RMNI- Basic Wage Incr P15.0O/day P5.00/day Minirnum Wage P265.00/day New Daily P255.00/da

on-Plantatioi

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authority pursuant to R. A. 9178. region. except domestic workers, family drivers, those employed in the personal service of another, and workers in registcred Barangay Micro Business Enterprises with certificates of Sectior 2. Coverage. This Wage Order applies to all minimum wage carners in the

improvement schemes such as timc & motion studies, good housekeeping, quality circles, labor management cooperatioa as well as irnplement gain-sharing programs that will provide more enhance competitivcness, business establishments are encouraged strongly to adopt productivity incentives to the workers through -increased productivity. Accordingly, the Board shall provide the necessary studies and technical assistance pursuant to Republic Act No. 6971 or the Productivity Incentives Act of 1990". Section 3. Productivity Based Wages. In order to sustain rising levels of wages and

this Order shall be for the normal working hours, which shall not exceed eight (8) hours work day Section 4. Basis of Minimum Wage. The minimum basic wage rates prescribed under

prescribed minimum basic wage rate per eight (8) hours work a day. or a proportion thereof for who are paid on piecework, "takay", "pakyaw" or task basis, shall be cntitied to receive the working less than eight (8) hours work a day. Section 5. Workers Paid by Results. All workers paid by results, including those

shall in no case be less than sevcnty-five percent (75%) of the applicable minimum wage rates prescribed in the region. Section 6. Wages of Special Groups of Workers. Wages of apprentices and learners

are concerned to reflect the new prescribed wage rates. effectivity of this Order shall be considered automatically modificd insofar as their wage clauses All recognized learnership and apprenticcship : ments entered into before the

Order pursuant to R. A. 7277. All qualified handicapped workers shall receive the full amount of increase in this

prescribed adjustment, the employcr shall pay the difference in the school year 2016-2017. educational institutions, the share of covered workcrs and employees in the increase of tuition fees for school year 2015-2016 shall be considered as compliance with the minimum basic wage increase set forth herein; provided, that if such minimum basic wage increasc is less than the Section 7. Application to Private Educational Institution. In the case of private

School Year 2016-2017. year 2015-2016, may defer compliance with the provisions of this Order until the beginning of Private educational institutions which have not increased their tuition fees for the school

Wage increase prescribed herein starting School Year 2016-2017. In any case, all private educational institutions shall implement the Minimum Basic

publication of this Order. a verified appeal with the Commission through the Board within ten (10) calendar days from the Section 8. Appeal to the Commission. Any party aggrieved by this Wage Order may file

wage increase to employees affected by the Order, in the event such Order is affirned. the Order unless the party appealing such Order shall file with the Commission an undertaking with a surety or sureties satisfactory to the Cominission for payment of the coresponding basi Section 9. Effect of Filing of Appeal. The filing of the appeal does not operatc to stay

Page 2 of 4 BUREAU OF INTERNAL REVENUE RECORDS MGT DIVISION JUN 0 3 2016 4:94 P.M

RECEIVEDO

Exemption), the following may be exempted from the applicability of this Wage Order: accordance with the NWPC Guidelines No. 02. series of 2007 ( The Amended Rules Section 10. Exemptions. Upon application with and as determined by the Board, ir (3

b. Retail and Service Establishments regularly employing not more than 10 workers. Distressed Establishuments:

Ne Btsiness Fnierorises anr d. Establishments adversely affected by extreme weather and natural caiamities; ar human-induced disaster.

Exemption from compliance with this Order shall be filed within seventy-five (75) days from the date of publication of the Rules Impiementing this Order. Failure to submit the required application for exemption. supporting documents within the prescribed period will be tantamount to dismissal of th All applications with complete supporting documents as specified in the Rules Of

Order shall be filcd with the Depariment of Labor and Employment (DOLE) and shall be the. prejudice to criminal prosecution, which may be undertaken against those who fail to comply. subiect of enforccment proceedings under Article 128 of the Labor Code as amended. without Section 11. Complaints for Non-Complianec. Complaints for non-compliance with this/

reduce any existing wage rates, allowances and benefits of any form under existing law decrees, issuances, executive orders and/or under any contract or agreement 'between the workers . and employers Section 12. Non-Diminution of Benefits. Nothing in this Order shall be construed te

provisions under R. A. 6727, as amended by R. A. 8188. association Or entity which refuses or fails to comply to this Order, shall be subjected to the penal? Section 13. Penal Provision. Any person, corporation, trust or firm, partnership

temporary restraining order may be issued by any court, tribunal or other entity against ar proceedings before the Board. Section 14. Prohibition Against Injunction. No preliminary or permanent injunction

in -particular firms or enterprises of industries from bargaining for higher wages with their respective employers. Section 15. Freedom to Bargain. This Order shall not be construed to prevent workers

any entity engaged in business shall submit a verified iteniized listing of their labor Section 16. Reporting Requirement. Any person, company, corporation, partnership or Y to the Board not fater than January 31, 2017 and every year thereafter in accordance with the form prescribed by the Comnission..

thereof inconsistent with the provision of this Wage Order are hereby repealed, amended, or modified accordingly. Section 17. Repealing Clause. Ail orders, issuances, rules and regulations, or parts

Order is declared unconstitutional or illegal, the other provisions or parts shall remain valid. Section 18. Separability Clause. If, for any reason, any sectio ion or provision of thi.

Section 19. Implementing Rules. The Board shall prepare the necessary Rules to implement this Order subject to approval of the Regional Governor of ARMM.

Section 20. Effectivity. This Order shall take effect fiftcen (15) days. after publication in at least one (1) newspaper of general circulation in the region.

Page 3 of 4 BUREAU OF INTERNAL REVENUE RECORDS MGT. DIVISION RECEIVEI JUN 0 3: 2016 4: 34 p.M: Uxq

Approved this 20t day of January, 2016 in Cotabato City, Philippines

HON.MUSLIMIN A. JAKILAN DOLE-ARMM Regional Secretary Board Chairman

. BAINTAN A. AMPATUAN RPDO Executiv& Director Vicc-Chairman DTI-ARMM Rcgional Sei HON.SAK Vice-Chairman KN A HAJAN C8T

Workers' Representative HON. ALE B. TUBA HON.EDGAR L.BULLECER Employers' Representative

HON.KLMARIO U.LERIOS Worker? Representative Employers' Representative Vacant

Attested by.

LILIAN RUTH C. CABANBAN Board Secretary VI

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

J - 5 BUREAU OF INTERNAL REVENUE Commissioner of Internal Revenue KIM S. JACINTO-HENARES 041983

RECORDS MGT. DIVISION JUN U 3 2016 4:34 P. M. UMa A

RECEIVEDL

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