After reading “How much is the New Minimum Wage Rate for the National Capital Region?”, read also “Should Minimum Wage be the Same Across the Country?”
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Wage Order No. NCR-23 grants an increase of Thirty-Three Pesos (PhP33.00) in the minimum wage rate in Metro Manila.
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The minimum wage rates prescribed under Wage Order No. NCR-23 shall be for the normal working hours which shall not exceed eight (8) hours of work a day.
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Such wage increase shall apply to all minimum wage earners in the private sector within the region, regardless of their position, designation or status and irrespective of the method by which their wages are paid.
The Regional Tripartite Wages and Productivity Board of the National Capital Region issued Wage Order No. NCR-23 on May 13, 2022, approving a Thirty-Three Peso (PhP33) wage increase, thereby bringing the new minimum wage rate to Five Hundred Seventy Pesos (PhP570) and Five Hundred Thirty-Three Pesos (PhP533) for workers in the non-agriculture and agriculture sectors, respectively.
This wage increase is applicable to all minimum wage earners in the private sector within Metro Manila, regardless of their position, designation or status and irrespective of the method by which their wages are paid. (Section 4, Wage Order No. NCR-23)
The law says:
Wage Order No. NCR-23, or the Order Providing for a Minimum Wage Increase in the National Capital Region, which shall take effect on June 04, 2022, provides that:
“Section 1. Amount of Increase. Upon effectivity of this Wage Order, minimum wage earners in the private sector in the Region shall receive the amount of THIRTY-THREE PESOS (P33.00) increase in the basic wage per day.
Section 2. New Minimum Wage Rates. The new daily minimum wage rates in NCR shall be as follows:
|
Sectors/Industry |
Current Minimum Wage Rates |
New Wage Increase |
New Minimum Wage Rates |
|
Non-Agriculture |
P537.00 |
P33.00 |
P570.00 |
|
Agriculture (Plantation and Non-Plantation) |
P500.00 |
P33.00 |
P533.00 |
|
Service/Retail Establishments employing 15 workers of less |
|||
|
Manufacturing regularly employing less than 10 workers |
Section 3. Basis of Minimum Wage Rates. The minimum wage rates prescribed under this Order shall be for the normal working hours which shall not exceed eight (8) hours of work a day.
Section 4. Covered. The wage increase prescribed herein shall apply to all minimum wage earners in the private sector within the region, regardless of their position, designation or status and irrespective of the method by which their wages are paid.”
Can an employer who fails to pay the increase prescribed by Wage Order No. NCR-23 be penalized?
Yes, an employer who fails to comply with the Wage Order shall be dealt with under the law. Section 5 of Wage Order No. NCR-23 states that:
“Section 5. Penal Provision. Any person, corporation, trust, firm, partnership, association or entity who refuses or fails to pay the prescribed increase shall be dealt with pursuant to the provisions of Section 12 of R.A. No. 6727, as amended by R.A. No. 8188.”
Further, Republic Act No. 8188 or the Act Increasing the Penalty and Increasing Double Indemnity for Violation of the Prescribed Increases or Adjustment in the Wage Rates is instructive when it provided that:
“Section 1. Section 12 of Republic Act Numbered Sixty-Seven Hundred Twenty-Seven is hereby amended to read as follows:
“Section 12. Any person, corporation, trust, firm, partnership, association or entity which refuses or fails to pay any of the prescribed increases or adjustments in the wage rates made in accordance with this Act shall be punished by a fine not less than Twenty-Five Thousand Pesos (P25,000.00) nor more than One Hundred Thousand Pesos (P100,000.00) or imprisonment of not less than two (2) years nor more than (4) years, or both such fine and imprisonment at the discretion of the court: Provided, That any person convicted under this Act shall not be entitled to the benefits provided for under the Probation Law.
“The employer concerned shall be ordered to pay an amount equivalent to double the unpaid benefits owing to the employees: Provided, That payment of indemnity shall not absolve the employer from the criminal liability imposable under this Act.
“If the violation is committed by a corporation, trust or firm, partnership, association or any other entity the penalty of imprisonment shall be imposed upon the entity’s responsible officers, including, but not limited to, the president, vice-president, chief executive officer, general manager, managing director or partner.” (Emphasis supplied.)
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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