Minimum Wage Rates
Minimum Wage Rate for Domestic Workers- RXII

RULES AND REGULATIONS IMPLEMENTING

WAGE ORDER NO. RBXII-DW-01

 

 

            Pursuant to Section 16 of Wage Order No. RBXII-DW-01, Prescribing New Minimum Wage rates for Domestic Workers in Region 12 and NWPC Guideline No. 01, Series of 2014, the Rules are hereby issued for the guidance and compliance by all concerned in the Region 12.

 

                                                            RULE 1

 

Section 1. TITLE. These Rules shall be known as the Rules and Regulations Implementing Wage Order RBXII-DW-01.

 

Section 2. DEFINITION OF TERMS.

 

a.    BASIC NECESSITIES – is defined pursuant to Rule IV, Section 13, Rules Implementing R. A. 10361 to include: a.) at least three (3) adequate meals a day, taking into consideration the Kasambahay’s religious beliefs and cultural practices; b.) Humane sleeping conditions that respects person’s privacy for live-in arrangement; and c.) appropriate rest and medical assistance in the form of first-aid medicines, in case of illness and injuries sustained during service without loss of benefits.

 

For the Kasambahay under live-out arrangement, he/she shall be provided space for rest, and access to sanitary facilities.

 

b.    “BOARD” refers to the Regional Tripartite Wages and Productivity Board of Region 12

 

c.      COMMISSION refers to the National Wages and Productivity Commission (NWPC)

 

d.    COMPETENCY-BASED PAY SCHEME – refers to a compensation system that rewards domestic workers with additional pay in exchange for formal TESDA certification of the domestic worker’s mastery of skills, knowledge and or competencies.

 

e.    DOLE RO-XII – refers to the Department of Labor and Employment, Region XII.

 

 

f.     DOMESTIC WORKER – refers to any person engaged in domestic work within an employment relationship, whether live-in or live-out arrangement, such as but not limited to, general househelp, nursemaid or “yaya”, cook, gardener, or laundry person, but shall exclude service, family drivers, children who are under foster family arrangement, or any person who performs domestic work only occasionally or sporadically and not on occupational basis.

 

g.    NWPC GUIDELINE 01-14 refers to the Rules of Procedure on Minimum Wage Fixing for Domestic Workers.

 

h.    ORDER refers to the Wage Order RBXII-DW-01

 

i.      PRIVATE EMPLOYMENT AGENCY (PEA) refers to any individual, legitimate partnership, corporation or entity licensed to engage in the recruitment and placement of domestic workers for local employment.

 

j.      REPUBLIC ACT 10361 (DOMESTIC WORKER’S ACT OR BATAS KASAMBAHAY) – the law enacted by Congress known as “ An Act instituting the Policies for the Protection of Domestic Workers.”

 

k.    SINGLE ENTRY APPROACH (SENA) refers to an administrative approach to provide a speedy, impartial, inexpensive, and accessible settlement procedure of all labor issues or conflicts to prevent them from ripening into full blown disputes.

 

l.      TESDA refers to the Technical Education and Skills Development Authority.

 

 

RULE II

WAGE ADJUSTMENTS

 

 

Section 1. COVERAGE. The Wage order shall apply to all domestic workers, whether live-in or live-out arrangements, such as but not limited to:

 

a.    General Househelp;

b.    Nursemaid or Yaya;

c.    Cook;

d.    Gardener;

e.    Laundry person, or

f.     Any person who regularly performs domestic work in one household on an occupational basis;

 

Not covered are the following:

 

a.    Service providers;

b.    Family drivers;

c.    Children under the foster family arrangement ;and

d.    Any other person who performs work occasionally or sporadically and not on occupational basis.

 

Section 2. NEW MONTHLY MINIMUM WAGE RATES. Upon effectivity of the Wage Order, the new minimum wage rates for domestic workers in Region XII shall not be less than the following:

 

a.    P 2, 500.00 in chartered cities and 1st class municipalities

b.    P 2, 000.00 in other municipalities

 

Section 3. MODE AND FREQUENCY OF PAYMENTS OF WAGES. The Wages of domestic workers shall be paid in cash at least once a month. No payment by means of promissory notes, vouchers, coupon, tokens, ticket, chits, or any object other than cash shall be allowed.

 

Section 4. DEDUCTIONS FOR LOSS OR DAMAGE. Other than those mandated by law, the employer shall not deduct any amount from the wages of Domestic Workers without his/her written consent or authorization, provided that, deduction for loss or damage shall only be made under the following conditions:

 

a.    The domestic worker shall be clearly shown to be responsible for the loss or damage;

b.    The domestic worker is given reasonable opportunity to show cause why deductions should not be made;

c.    The total amount of such deductions is fair and reasonable and shall not exceed the actual loss or damage;

d.    The deductions of the wages of domestic worker shall not exceed 20% of his/her wages in a month.

 

The DOLE shall extend free assistance in the determination of fair and reasonable wage deductions under this Section.

 

Section 5. DEDUCTIONS FOR LOANS. By written agreement, the employer may deduct from the wages of domestic worker, which amount shall not exceed 20% of his/her wages every month.

 

Section 6. APPLICATION TO THE PRIVATE EMPLOYMENT AGENCIES (PEAS). In the case of hiring/contracting of domestic workers services through licensed PEAs, the wage rates prescribed in the Order shall be borne by the principals or clients of PEAs and the contract shall be deemed amended accordingly.

 

In the event, however, the principals or clients fail to pay the prescribed wage rates, the PEAs shall be jointly and severally liable with his principal or client.

 

Section 7. EXEMPTION FROM COMPLIANCE. Filing of applications for exemption from compliance with the Wage Order is not allowed.

 

Section 8. PROVISION FOR BASIC NECESSITIES. The employer shall provide for the basic necessities of the domestic workers as defined in Rule 1, Section 1 of this Order.

 

At no instance shall the employer withdraw or hold in abeyance the provision of the basic necessities as punishment or disciplinary action to the domestic worker.

 

Section 9. NON-DIMINUTION OF BENEFITS. Nothing in the Wage Order shall be construed to reduce any existing wage rates, allowances and benefits of any form under existing laws, decrees, issuances, executive orders and/or under any contract or agreement between the workers and employers.

 

Section 10. COMPETENCY-BASED PAY SCHEME. Household employers and their domestic workers may voluntary and mutually agree to adopt a compensation system that rewards domestic workers with additional pay in exchange for formal TESDA certification of the domestic workers mastery of skills, knowledge and/or competencies.

 

Those who will adopt the Competency-Based Pay scheme may refer to the NWPC Advisory on Competency-Based Pay Scheme for Domestic Workers issued on 24 February 2015.

 

RULE III

SPECIAL PROVISIONS

 

  

Section 1. APPEAL TO THE COMMISSION. Any party aggrieved by the Wage Order may file an appeal with the National Wages and Productivity Commission (NWPC) through RTWPB-XII, in three (3) legible copies, not later than ten (10) days from the publication of this Wage Order, subject to compliance with Sections 11and 12 of NWPC Guideline No. 1, Series of 2014 .

 

Section 2.  COMPLAINTS FOR NON-COMPLIANCE. Complaints for non-compliance of Wage Order shall be filed before the DOLE Field/Provincial/Regional Office XII and shall go through the thirty (30) day mandatory conciliation under the DOLE Single Entry Approach (SEnA) to exhaust all efforts for settlement.

 

The DOLE Regional Director shall issue a Compliance Order within ten (10) days from the submission of the case for resolution.

 

Section 3. FREEDOM TO BARGAIN. The Wage Order shall not be construed to prevent Domestic Workers from bargaining for higher wages with their respective employers.

 

Section 4. UNLAWFUL ACTS AND PENALTIES. Withholding and interference in the disposal of wages of the domestic workers are declared unlawful and shall be punishable with a fine of not less than ten thousand pesos (10, 000.00) but not more than forty thousand pesos (40, 000.00) without prejudice to the filing of appropriate civil and/or criminal action by the aggrieved party pursuant to Rule 12, section 1 and 2 of Implementing Rules and Regulations of R.A. 10361.

 

Section 5. PROHITION AGAINST INJUNCTION. No preliminary or permanent injunction or temporary restraining order may be issued by any court, tribunal or other entity against any proceedings before the Board.

 

Section 6. REPEALING CLAUSE. All orders, issuances, rules and regulations or parts thereof inconsistent with the provisions of the Wage Order are hereby repealed, amended or modified accordingly.

 

Section 7. SEPARABILITY CLAUSE. If any provision or part of the Wage Order is declared unconstitutional, or in conflict with existing law, the other provisions or parts thereof shall remain valid.

 

Section 8. EFFECTIVITY. These Implementing Rules and Regulations shall have the same date of effectivity as that of Wage Order RBXII-DW-01, which is December 10, 2017.

 

 

Done this 24th day of October 2017 at Quezon City, Philippines

 

 

 

 

 

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2018-01-05
SISINIO B. CANO


REGIONAL DIRECTOR
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