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Rules of Procedure For Fixing Minimum Wage (Flowchart)

The document outlines the rules of procedure for fixing minimum wage in the Philippines. It details the initiation process which can come from the Board itself or through a verified petition from proper parties. It describes the hearing process which includes publishing a notice, allowing for oppositions, determining a hearing date and location, and concluding within 45 days. It also explains the order issuance process where the Board will determine if a wage increase is granted within 30 days. Finally, it outlines the appeal process where aggrieved parties can appeal the wage order to the Commission within 10 days and then potentially to the Court of Appeals.

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216 views2 pages

Rules of Procedure For Fixing Minimum Wage (Flowchart)

The document outlines the rules of procedure for fixing minimum wage in the Philippines. It details the initiation process which can come from the Board itself or through a verified petition from proper parties. It describes the hearing process which includes publishing a notice, allowing for oppositions, determining a hearing date and location, and concluding within 45 days. It also explains the order issuance process where the Board will determine if a wage increase is granted within 30 days. Finally, it outlines the appeal process where aggrieved parties can appeal the wage order to the Commission within 10 days and then potentially to the Court of Appeals.

Uploaded by

Bordibord
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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RULES OF PROCEDURE FOR FIXING MINIMUM WAGE

Initiation of Fixing Minimum Wage


x

Motu Proprio by the Board By way of Filing of Petition

PROPER PARTY must submit VERIFIED


petition for wage increase in 10
legible copies to the BOARD

PUBLICATION of the Notice of The BOARD examines the compliance


Hearing shall be made at least 15 days in the petition of the Formal &
before the date of Initial Hearing Substantial Requirements

When there is more than 1 Petitions


Any Party may file in 10 Legible Copies The Board may enlist the assistance of
filed, the BOARD may conduct JOINT
before the Board OPPOSITION to the other GOV’t Organization in Fixing
HEARING consolidating the petitions
petition on/before the initial hearing Min. Wage
for expedition
& furnish copies to the petitioners

The BOARD shall determine the date,


place and time of hearing giving
notices to the employee’s and
employer’s group, provincial, city and
municipal officials

SECRETARIAT shall keep the Records Hearing MUST be concluded within 45


COMMENCEMENT OF HEARING
of the Proceedings days from the date of Initial hearing

ORDER OF HEARING

BOARD will determine


Petitioners first present Oppositions present their whether to grant or deny
their Evidence Evidence wage increase through
issuance of WAGE ORDER

ISSUANCE of WAGE ORDER w/in 30 Copies of the WAGE ORDER shall be


NON-DISTURBANCE of Wage
days from the conclusion of hearing submitted to the NWPC
Order for a Period of 12 mos.
From effectivity.
Wage Order shall take effect 15 days
after publication in newspaper of Gen,
Exception: SUPERVENING
Circulation of the region
EVENT!!
RULE ON APPEAL

APPEAL TO THE COMMISION (NWPC)

An appeal by aggrieved party from the


The appeal shall be accompanied issuance of the Wage Order may appeal to
The Board shall serve notice of
by a memorandum of Appeal the COMMISSION, by filing a verified
which shall state the grounds the appeal to concerned parties.
appeal with the Board within 10 days from
relied upon
the publication of the order.
GROUNDS FOR APPEAL:
a) Non-conformity with
prescribed guidelines
and/or procedures The Commission shall decide on
The filing of the appeal does not
b) Questions of law the appeal within 60 days from
operate to stay the Order unless
c) Grave abuse of the filing thereof. the party appealing such Order
discretion shall file with the Commission an
undertaking with a surety or
sureties satisfactory to the
NWPC’s decision is Final and Commission for payment to
executory thus NOT employees affected by the Order
appealable of the corresponding increase, in
the event such Order is affirmed.

In case of dissatisfaction of the


JURISDICTION: COURT OF APPEALS decision of the commission, a Such remedy is to be availed of
(St. Martin’s Funeral Home vs. NLRC) SPECIAL CIVIL ACTION FOR within a period of 60 days from
CERTIORARI is the legal remedy decision of NWPC
(RULE 65)

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