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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
A party aggrieved by a Wage Order may appeal to the National Wages and Productivity Commission (NWPC) not later than ten (10) days from the date of publication of the Order. (Section 3, Rule IV, NWPC Guidelines No. 01-07)
A wage order refers to the order promulgated by the Regional Tripartite Wages and Productivity Board pursuant to its wage-fixing authority. (Section 4, par. (n), NWPC Guidelines No. 01-07)
It establishes the minimum wage rates to be paid by the employers in the region, which shall in no case be lower than the applicable statutory minimum wage rates.
The law says:
“Whenever conditions in the region so warrant, the Regional Board shall investigate and study all pertinent facts; and based on the standards and criteria herein prescribed, shall proceed to determine whether a Wage Order should be issued. Any such Wage Order shall take effect after fifteen (15) days from its complete publication in at least one (1) newspaper of general circulation in the region.
In the performance of its wage-determining functions, the Regional Board shall conduct public hearings/consultations, giving notices to employees’ and employers’ groups, provincial, city and municipal officials and other interested parties.
Any party aggrieved by the Wage Order issued by the Regional Board may appeal such order to the Commission within ten (10) calendar days from the publication of such order. It shall be mandatory for the Commission to decide such appeal within sixty (60) calendar days from the filing thereof.
The filing of the appeal does not stay the order unless the person appealing such order shall file with the Commission, an undertaking with a surety or sureties satisfactory to the Commission for the payment to the employees affected by the order of the corresponding increase, in the event such order is affirmed.” (Article 123, Labor Code)
What is the effect of filing an appeal to the NWPC?
The law says:
“The filing of the appeal does not stay the order unless the person appealing such order shall file with the Commission an undertaking with a surety or sureties satisfactory to the Commission for the payment to the employees affected by the order of the corresponding increase, in the event such order is affirmed.” (Section 5, Republic Act No. 6727 or the Wage Rationalization Act)
Related article: Understanding and fixing wage distortion issues
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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