FMawec-Gen-or8 one 2016 Republic of the Philippines Department of Labor and Employment National Wages and Productivity Commission REGIONAL TRIPARTITE WAGES AND PRODUCTIVITY BOARD Vil WAGE ORDER NO. ROVII-20 PROVIDING FOR INCREASE IN MINIMUM WAGE RATES IN CENTRAL VISAYAS WHEREAS, Republic Act 6727 otherwise known as the Wage Ralionaization Act of 1989 mandated the Regional Tripartite Wages and Productivity Boards to determine and fx the minimum wages in their respective regions; WHEREAS, the Trade Union Congress of te Phtippines (ALU-TUCP) ied on Apni 26, 2016 a Petition seeking for an across-the-board wage increase in the amount of One Hundred Sity One (161.00) per day, WHEREAS, on June 16, 2016, the Alliance of Progressive Labor (APL), Cebu Midtown Employees Union (CMHEU- NUWHRAIN-APL-IUF), Cebu Labor Coalition, Lonbisco Employees Organization (LEO), Mactan Electro Company Employees Independent Union (MEIU), NUWHRAIN-Montebello Chapter and Shemberg Employees Independent Union, (SEIU-NUHWRAIN), fled a Peiition for’ One Hundred Forty (2140.00) per day across-the-board wage adjustment, WHEREAS, the two petitions were filed before the expiration ofthe twelve (12) month period since the latest Wage Order (WO No, 19) took effect on October 10, 2015; WHEREAS, the Board issued a resolution on August 25, 2016 declaring the non-existence of supervening concition and provided thal the consolidated peiiions for across-heboard wage increases shall be deliberated only after Wage Order 19 reaches its one year period WHEREAS, On September 7, 2016, NWWPC forwarded to RTWPB Vil an August 24, 2016 pettion fied by PACIWU {for a wage increase in Negros istand Region (NIR) at 101.34, 890.61 and ®86.87. Considering that RTWPB NIR is not yet constituted, Negros Orientals stil considered part of Region VIl WHEREAS, the Board conducted. series of consultations in Cebu City (November 9, 2016), Bogo City (Noverrber ‘16, 2016) and Taghilaran City ( December 2, 2076), as pat of the review and assessment ofthe economic conditions in the region, WHEREAS, after pubicaton of petitions thereof and giving due notice to all concemed sectors, a region-wide public hearing was held on December 9, 2046 in Cebu City and January 5, 2017 in Dumaguete City; WHEREAS, as a result of its periodic and continuous review on the socio economic factors and taking into ‘considerations the issues ventilated by the concemed stakeholders, the Board finds the need to adjust the existing minimum wage rates in Central Visayas; NOW, THEREFORE, by virtue of the power and authorty vested under Republic Act No. 6727. the Regional Tripartite Wages and Productivty Board, Region Vil, hereby issues this Wage Order. ( Section 1. Upon effectivity of this Wage Order, the daily minimum wage rates of all private sector workers and employees in Region Vil shall be Increased by Pesos (P 13.00). The new daily minimum wage rats in.thg region for each area classification includ ie ‘sugar shall be as folows:AGRICULTURE GEOGRAPHIC AREAS —|_NON-AGRICULTURE [_NON-SUGAR SUGAR NEW BASIC WAGE NEW BASIC WAGE NEW BASIC WAGE CLASS A | ities of err, Ceb, Danae, apap, Mandave, Naga Talay id Mnipaties of Compost, 366 348 316 Consclacion, Cordova, Ulsn, Mingo, San Ferrand, or xpanees Matra Cab CLASSE {tis of Toledo Boge andthe rest ‘of Montopnes in Cab Prva 333, 318 303, cept ence atayan ond ‘ameter nae CLASSE ‘hss ad Munn ce 323 303 303 and Negron Oneal Provinces CLASS unites nsqaipr evince & “Municipalities in Bantayen end 308 288 398 Const und Section 2, COVERAGE, The adjustments prescribed under this Order shall apaly to all minimum wage private sector workers and employees in Region VIL ‘Not covered from the provisions of this order are household or domestic helpers; persons in the personal service of ‘another, including family drivers; and workers of registered Barangay Micro Business Enterprises with valid Certificates of Authority. Section 3. BASIS OF MINIMUM WAGE. The minimum wage rates prescnbed under this Order shall be forthe ‘normal working hours, which shall not exceed eight (8) hours work a day. Section 4, WORKERS PAID BY RESULTS. All workers paid by resuts, including those who are paid on piecework, “takay" or task basis, shall be entited to receive not less than the prescribed minimum wage increase per eight (6) hours work a day, ora proportion thereof for working less than eight (8) hours. Section 5. WAGES OF SPECIAL GROUPS OF WORKERS. Wages of apprentices and leamers shall in no case be less than seventy-five percent (75%) ofthe applicable minimum wage rates prescribed in tis Order. All recognized learnership and apprenticeship agreements entered into before the effectivity of this Order shall be considered automatically modified insofar as their wage clauses are concerned to reflect the new prescribed wage rates. All qualified handicapped workers shall receive the full amount of increase in this Order pursuant to R.A. 7277. ‘Section 6. APPLICATION TO TRANSFER, BRANCH AND MOBILE WORKERS. The applicable minimum wage of workers in establishment which have branches in different parts ofthe region or where headquarters is outside the region, shall be the rate applicable tothe area where the worker is based, In case of mobile workers, the minimum wage shall be the rate applicable to the head office. Incase of transfer from a high class cityimunicipality toa lower ciass atyimunicioalty, the higher rate shall continue to be applied. Section 7. APPLICATION TO PRIVATE EDUCATIONAL INSTITUTIONS. In the case of private educational institutions, the share of covered workers and employees in the increase in tutfon fees for School Year 2016-2017shall be considered as compliance with the increase prescribed herein, However, payment of any shortall in the wage increase set forth herein shall be covered starting School Year 2017-2018. Private educational institutions which have not increased ther tution fees for the School Year 2016-2017 may defer compliance with the increase prescribed herein until the beginning of Schoo! Year 2017-2018. In any case, private educational institutions shal implement the increase herein stating School Year 2017-2018. 3 (fr P= Section 8, APPLICATION TO CONTRACTORS. In the case of contracts for construction projects and for security, janitorial and similar services, the preseribed inereases in the wage rates of the workers shall be bome by the principals or Cents of the construcioniservice contractors, and the contract shall be deemed amended accordingly. In the event, however, that the princisal or client fails pftes, the the prescibed increase or new purine consinucin/service contacto a} be joint Aa) seta obi with a ey =Section 9. EXEMPTION. No petition for exemption shall be entertained by the Board. However, in case of a calamity, the Board may accept applications for exemption filed by establishments adversely affected by calamities such as natural andlor human-induced disasters pursuant to NWPC Resolution No. 1, series of 2014, Section 10. PRODUCTIVITY IMPROVEMENT PROGRAMS. In order to sustain rising level of wages and enhance competitiveness, businesses are strongly encouraged to adopt productivity improvement schemes, such as time and ‘motion studies, good housekeeping, quality circles, labor-management cooperation, as well as implement gain sharing programs. The Regional Board shall provide the necessary technical assistance in the implementation of productivity improvernent programs, ‘Section 11, IMPLEMENTATION OF TWO-TIERED WAGE SYSTEM. On voluntary basis and upon effectivity of this ‘Order, employers who recognize and value the contibution oftheir Workers, may provide productvty-based inoentve pay to them based on indicators such as business performance, labor productivity, work behavior, competitiveness of establishments among others. The Board shall issue an advisory on the range of productivity incentive which may be applied by establishments. ‘Section 12. APPEAL TO THE COMMISSION. Any party aggrieved by this Wage Order may fle a venified appeal with the Commission through the Board within ten (10) calendar days from the publication of this Order. Section 13. EFFECT OF FILING AN APPEAL. The fing ofthe appeal does not operate to stay the Order unless the party appealing such Order shal file withthe Commission an undertaking with a surely or suretes satisactory to the ‘Commission for payment of the corresponding increase to employees affected by the Order in the event such Orter is atfimed. Section 14. EFFECTS ON EXISTING WAGE STRUCTURE. Where the application of the increases in the wage rates under this Order results in distortion of the wage structure within an establishment, the same shall be corrected in ‘accordance with the procedure provided for under Art. 124 of the Labor Code as amended, ‘Section 15. COMPLAINTS FOR NON-COMPLIANCE. Compizints fr non-compliance with this Order shal be fled with the Regional Office of the Department of Labor and Employment (DOLE) having jurisdiction over the workplace and shall be the subjected to the mandatory thy (30) days conciliation and mediation process under Single Entry Approach {(SEnA). However, i setfement fis, the case becomes subject of enforcement proceedings under Articles 128 and 129 of the Labor Code as amended. Section 16. NON-DIMINUTION OF BENEFITS. Nothing inthis Order shall be construed lo reduce any existing wage rates, alowances and benefts of any form under existing laws, dectees, issuances, executive orders andlor under ‘any contrat or agreement between the workers and employers. Section 17, PENAL PROVISION, Any person, corporation, trust or fim, parership, association or entity whieh refuses 0 fals to pay the prescribed wage increeselallowancelrates in accordance with this Order shall be subject to the penal provisions under RA 6727, as amended by RA 8188. ‘Section 18, PROHIBITION AGAINST INJUCTION, No preliminary or permanent injunction or temporary restraining ‘order may be issued by any court, tibunal or other entity against any proceedings before the Board Section 19. FREEDOM TO BARGAIN. This Order shall not be construed to prevent workers in particular firms or enterprises of industries from bargaining for higher wages with their respective employers, ‘Section 20. REPORTING REQUIREMENT. Any person, company, corporation, partnership or any entity engaged in business shall submit a verified itemized listing of their labor componert tothe Board not later than January 31, 2016 and every year thereafter in accordance withthe fomm prescribed by the Commission. Section 21. REPEALING CLAUSE. All orders, issuances, rules and regulations, or parts thereof inconsistent with the provision of this Wage Order are hereby repealed, amended or modified accordingly. Section 22. SEPARABILITY CLAUSE. |f, for any reason, any section or provision of this Order is declared "unconstitutional or iegal, the other provisions or parts shall remain valid. Section 23. IMPLEMENTING RULES. The Board shall prepare the necessary rules to implement this Order subject to approval ofthe Secretary of Labor yfSection 24. EFFECTIVITY. This Onder shall take effect fifteen (18) days after its publication in a newspaper of general circulation inthe region. CEBU CITY, PHILIPPINES, Fobra 2017 ATTY AIDELITO S. PASCUAL, ATTY. ERNESTO F. CARREON Member, uy ‘senjative Member, Lgbor Representative PHILP N, ZAN, Jost MONGHA Melber, Employer's Repfesentative Member, Léor Representative ASTERIA G/ CABERTE Vice ChairpersonFM.NWPC-GEN.O1s Revisien: 1 ot June 2016 Republic of the Philippines Department of Labor and Employment National Wages and Productivity Commission REGIONAL TRIPARTITE WAGES AND PRODUCTIVITY BOARD Vil IMPLEMENTING RULES AND REGULATIONS OF WAGE ORDER NO. ROVII - 20 Pursuant to Section 8, Rule IV of the Amended Rules of Procedure on Minimum Wage Fixing and Section 23 of Wage Order No. RBVII- 20, the following Rules are hereby issued for guidance and compliance by all concerned, RULE I~ GENERAL PROVISIONS Section 1. Title. This Rules shail be known as the “Implementing Rules and Regulations of Wage Order No. ROVII-20" Section 2. Definition of Terms. As used in these rules: a) “Order” means Wage Order No. ROVII-20 b) “Commission” refers to the National Wages and Productivity Commission. ©) “Board” means the Regional Tripartite Wages and Productivity Board, Region Vil ¢) “Department” means the Department of Labor and Employment. ©) “Region Vil" is the geographic area in Central Visayas covering the Provinces of Cebu, Bohol, Negros Oriental, Siquijor and its component cities. 1) “Agriculture” refers tc farming in all its branches and among others, include the cultivation and tillage of the soil, production, cultivation, growing and harvesting of any agricultural and horticultural commodities, dairying, raising of livestock or poultry, the culture of fish and other aquatic products in farms or ponds, and any activities performed by a farmer or on a farm as an incident to or in corjunction with such farming operations, but does not include the manufacturing and/or processing of sugar, coconut, abaca, tobacco, pineapple, aquatic or other farm products, g) “Non-Agriculture” refers to all other activities not falling under “Agriculture” h) “Minimum Wage Rates” refers to the lowest wage rates that an employer can pay his workers, as fixed by the Regional Board, i) “Class A” refers to the Cities of Carcar, Cebu, Danao, Lapu-Lapu, Mandaue, Naga and Talisay and the Municipalities of Compostela, Consolacion, Cordova, Lilgan, Minglanilla, and San Fernando or (expanded Metro Cebu), j) “Class B” refers to the Cities of Toledo and Bogo and the rest of the municipalities in the Province of Cebu except the municipalities in the Islands of Bantayan and Camotes k) “Glass C” refers to all the cities and municipalities in Bohol and Negros Oriental Provinces. 1) “Class D” refers to the municipalities in the Province of Siquijor and municipalities in the islands of Bantayan and Camotes. m) “Establishments” refer to economic units which engage in one or predominantly one kind of economic activity at a single fixed location. For purposes of determining eligibility, establishments uncer the same owner/s but separately registered with the Securities and Exchange Commission (SEC), Department of Trade and Industry (OT!) or Cooperative Development Authority (CDA), as the case may be, iimespective of their location, shall be treated as individual and distinct establishments. n) “Two-Tiered Wage System” refers to a pay system consisting of a) minimum wage: b) incentive pay based on productivity improvement and gain-sharing. ©) “Productivity-Based Wage" refers to adcitional income given to workers as incentives derived ‘ from successful implementation of productivity programs through any gain-sharing scheme designed by employer or by virtue of an agreement with the workers. P) “Barangay Micro Businoss Enterprise (BMBE) refers to any business entity or enterprise ‘engaged in the production, processing or manufacturing of products or commodities, including ‘agro-processing, trading and services, whose total assets including those arising from loans but exclusive of the land on which the particular business entity's office, plant and equipment are situated, shall not be more than Three Million Pesos (P3,000,000.00.) q) “Wage Distortion as defined under Article 124 of Presidential Decree No. 442, otherwise known as the Labor Code of the Philippines as amended, refers to a situation where an increase in FR wage rates 1A thi tion or severe contraction of fod bofintentional quantitative differences in wage or salary rates between and among employee groups in an establishment as to effectively obliterate the distinction embodied in such wage structure based on skills, length of service, or other logical bases of differentiation RULE Il- BASIC WAGE INCREASE Section 1. NEW WAGE RATES. Upon effectvity of this Wage Order, the daily minimum wage rates of all covered workers in the private sector in Region Vil. shall be as follows: [AGRICULTURE GEOGRAPHIC AREAS NON-AGRICULTURE NONSUGAR SUGAR ntw Basic Wace NeW eASICWAGE | _NEWsAsIc WAGE CASA coccinea, No honda Comoe Cota Cae th angel 366.00 # 348.00 326.00 fear banana fee CASS 8 2333.00 cies fede og ad he re of [Municipalities in Cebu Province except except 318.00 303.00 Sagara CLASS ‘Alcea Muni nhl an Nept 232300 # 303.00 £303.00 St anes cass saris Seer ee Mune P0800 288.00 303.00 ttoeaynan aoe ae Section 2. Coverage. a). The adjustments prescribed under this Order shall apply to all private sector minimum wage workers and employees in Region VII whether agricultural or non-agricultural, regardless of their position, designation, or status and irrespective of the method by which their wages are paid. b). Not covered from the provisions of the Order are household or domestic workers, workers employed in the personal service of another, including family drivers and workers of duly registered Barangay Micro-Business Enterprises with Certificates of Authority, ©). Wages of all workers and employees whose rates are less than the prescribed minimum wage rates pursuant to Sections 1 and 2 of the Order shall be adjusted accordingly. Section 3. Basis of Minimum Wage Rates. The minimum wage rates prescribed herein shall be for the normal working hours, which shall not exceed eight (8) hours work per day. Section 4. Application to Private Educational Institutions. a) In the case of private educational institutions, the share of covered workers and employees in the increase in tuition fees for School Year 2016-2017 shall be considered as compliance with the increase prescrived herein. However, payment of any shortfall in the wage increase set forth herein shall be covered starting School Year 2017-2018. b) Private educational institutions which have not increased their tuition fees for the Schoo! Year 2016-2017 may defer compliance with the increase prescribed herein until tne beginning of Schoo! Year 2017-2018. ©) In any case, private educational institutions shall implement the increase prescribed herein ant starting Schoo! Year 2017-2018. Section 5. Application to Contractors, In the case of contracts for construction projects and for security, janitorial services, the prescribed wage increases shall be borne by the principals or clients of the construction/service contractors and the contract shall be deemed amended accordingly. In the event, however, that the principal or client fails to pay the prescribed wage rates, the construction/service Qy 4 Gays liable with his principal 2 of 6Section 6. Workers Paid by Results. a) All workers paid by results, including those who are paid on piecework, takay, pakyaw, or task basis, shall receive not less than the applicable minimum wage rates prescribed under the Order for the normal working hours which shall not exceed eight (8) hours work a day, of a proportion thereof for work of less than the normal working hours. b) The wage rates of workers who are paid by results shall continue to be established in accordance with Article 101 of the Labor Code, as amended and its implementing rules and regulations. ©) The adjusted minimum wage rates for workers paid by results shall be computed in accordance with the following steps 4. Amount of increase in AMW" ——— X 100 Previous AMW. 2. Existing rate/piece X Percent increase = Increase in rate/piece; 3. Existing rate/plece + Increase in rate/piece = Adjusted rate/piece Percent increase; * Where AMW is the applicable minimum wage rate. Section 7. Mobile Workers, The wage increase of workers, who by the nature of their work have to travel, shall be those applicable in the domicile or head office of the employer. Section 8. Branch Workers. The wage increase of workers working in branches or agencies of establishments within Metro Cebu shail be those applicable in the piace where they are stationed. Section 9. Transfer / Assignment of Workers, The transfer/assignment of workers to areas with lower wage rates shall in no case result to reduction of higher wages being enjoyed by the worker prior to such transfer. However, where the worker is transferred/assigned to an area with higher wage, he shall be entitled to the higher wage therein. Section 10, Wages of Special Groups of Workers. 2) Wages of apprentices and learners shall in no case be less than seventy-five percent (75%) of the applicable minimum wage rates prescribed in the Order. b) All recognized learnership and apprenticeship agreements entered into before the effectivity of the Order shall be considered as automatically modified insofar as their wage clauses are concerned to reflect the adjustments prescribed under the Order. ¢c) All qualified handicapped workers shall receive the full amount of increase in this Order pursuant toRA. 7277 Section 11. Suggested Formulae in Determining the Equivalent Monthly Minimum Wage Rates. Without prejudice to existing company practices, agreements or policies, the following formulae may be used in determining the Estimated Equivalent Monthly Rates (EEMR) of the employees: For monthly-paid employees: Applicable Daily Rate x 365 = EEMR 2 where 365 daysiyear = 298 ordinary working days 52 rest days 42 regular holidays 3 special days 365 Total equivalent no. of days in a year For daily paid employees: (Me 6 ger nas a route nok ee ya Sia oe be spd ay ne bus holidays = 298 ordinary working days 67.6052 rest days x 130% Aye3.90 3 special days x 130% 393.50 Total equivalent no. of days in a year b. For those who do not work and are not considered paid on Sundays or rest days. Applicable Daily Rate x 313 12 where 313/ year = 298 ordinary working days. 12 12 regular holidays 3 special days 313 Total equivalent no. of days ina year c. For those who do not work and are not considered paid on Sundays, Saturdays or rest days, Applicable Daily Rate x 261 12 where 261.00/ year = 246 ordinary working days. 12 12 regular holidays <3 special days 261 Total equivalent no. of days in a year Section 12. Appeal to the Commission. Any party aggrieved by the Wage Order may file an appeal with the Commission through the Board within ten (10) calendar days from the Publication of the Order. The appeal shall be accompanied by a memorandum of appeal which shall state the grounds relied upon and the arguments in support of the appeal Section 13. Grounds for Appeal. An appeal may be filed on the following grounds: a. Non-conformity with the prescribed guidelines and/or procedures b. Grave abuse of discretion ©. Questions of law. Section 14. Effect of Appeal. The filing of the appeal does not operate to stay the Order unless ‘~.> the party appealing such Order shall file with the Commission an undertaking with a surety or sureties satisfactory to the Commission for payment to employees affected by the Order of the corresponding increase, in the event such Order is affirmed Section 15. Transmittal of Records. Immediately upon receipt of the appeal, the Board Secretariat shall transmit to the Commission Secretariat the appeal and a copy of the subject Wage Order together with the complete records of the case and all relevant documents, RULE Ill- EXEMPTIONS Section 1. Exemptions. No application for exemption shall be allowed. However, in case of amity, the Board may accept application for exemption filed by establishments adversely affected by —~alamities such as natural and/or human induced disasters, In case there is an application for exemption filed by any establishment adversely affected by calamities, the criteria, procedure and documentary requirements provided under NWPC Resolution No. 01 Series of 2014 and other applicable provisions of NWPC Guidelines No. 02, Series of 2007 shall apply. RULE IV - CREDITABLE INCREASE | Section 4. Organized Establishment. Wage increase granted by an employer in an organized ‘Sstablishment within three (3) months prior to the effectivity of the Order may be credited as compliance with the prescribed increase set forth therein. Provided that an agreement to this effect has been forged between the parties or a provision in the collective bargaining agreement allowing creditability exists, In the absence of such an agreement or provision in the CBA, any increase granted by the employer shall not be credited as compliance with the increase prescribed in this Order. Section 2. Un-organized Establishments. In unorganized establishments, wage increase granted by the employer within five (5) months prior of the Order may be credited as ORSection 3. Creditable Increase Given in the Form of Allowances. Where the increase given by the employer is in the form of allowances, the employer shall integrate the sane into the basic wage of the workers to comply with the Three Sixty-Six Pesos (2366.00) per day minimum basic pay prescribed under this Order. However, if the amount of the increase is greater than the increase granted under this Wage Order, the employer has the option to integrate partially or in full the allowances earlier given. In the event of partial integration, any excess maybe retained as allowances. Section 4. Creditable Increase Given Less than the Prescribed Adjustment. In case the increase given is less than the prescnbed adjustments, the employer shall pay the difference. Such increase shall not include anniversary increases, ment wage increase, and those resulting from the regularization or promotion of employees. RULE V ~ SPECIAL PROVISIONS Section 1. Effect on Existing Wage Structure. Should any dispute arise as a result of wage distortion, the employer and the union shall negotiate to correct the distortions through the grievance procedure under their collective bargaining agreement, and if it remains unresolved, through voluntary arbitration. Unless otherwise agreed by the parties in writing, the voluntary arbitrator shall decide such dispute or panel of voluntary arbitrators within ten (10) calendar days from the time said dispute shall have been referred to voluntary arbitration. In cases where there are no collective bargaining agreements or recognized labor unions, the employers and workers shall endeavor to correct such distortions. Any dispute arising therefrom shall be settled through the National Conciliation and Mediation Board and if it remains unresolved after ten (10) calendar days of conciliation, the same shall be referred to the appropriate branch of the National Labor Relations Commission (NLRC). The NLRC shall conduct continuous hearings and decide the dispute within twenty (20) calendar days from the time said dispute is submitted for compulsory arbitration. The pendency of a dispute arising from wage distortion shall not in any way delay the applicability of any increase prescrived in the Order. Gh er Section 2. Non-diminution of Existing Benefits. Nothing in the Order and in this Rule shall be construed to reduce any existing wage rates, allowances and benefits of any form under existing laws, lecrees, issuances, executive orders and/or under any contract or agreement between the workers and the employers. Section 3. Productivity Improvement Programs. In order to sustain rising level of wages and nhance competitiveness, business are strongly encouraged to adopt productivity improvement schemes, such as time and motion studies, good housekeeping, quality circles, labor-management ‘cooperation, as well as implement gain-sharing programs. The Board shall provide the necessary studies an ind technical assistance in the implementation of productivity improvement programs. Section 4. Impementation of Two-Tiered Wage System and Productivity Improvement fograms. On voluntary basis, and upon effectivity of this Order, employers who recognize and value Contribution of their workers, may provide productivity-based incentive pay to them base on indicators such as business performance, labor productivity, work behavior, competitiveness of establishments among others. The Board shall issue an advisory on the range of productivity incentive which may be applied by establishments. Section §. Compiaints for Non-Compliance. Complaints for non-compliance with the Order shall be filed with the Regional Office of the Departmentof Labor and Employment having junsdiction over the workplace and shall be the subjected to the mandatory thirty (30) days conciliation and mediation = process under the Single Entry Approach (SEnA). However, if settlement fails, the case becomes subject f enforcement proceedings under Articles 128 and 129 of the Labor Code, as amended Section 6. Penal Provision. Pursuant to the provisions of Section 12 of RA 6727, as amended by RA No. 8188, 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 (PhP 25,000.00) nor more than ‘One Hundred Thousand (PhP100,000.00) or imprisonment of not jess than two (2) years nor more than four (4) years or both such fine and imprisonment at the discretion of the Court. Provided, that any ( erson convicted under this Act shall not titled to the-ber ° ‘ Oe Sof 6 (—¥ for under the Probation Law.The employer concemed 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 penaity 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. Section 7. Prohibition 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 Commission or Boards. Section 8. Freedom to Bargain. The Order shall not be construed to prevent workers in particular firms or enterprises of industries from bargaining for higher wages and flexible working arrangements with their respective employers. Section 9. Reporting Requirements. Any person, company, corporation, partnership or any entity, engaged in business shall submit a verified itemized listing of their labor component to the Board not later than January 31, 2018 and every year thereafter in accordance with the form prescribed by the Commission. Section 10. Repealing Clause. All orders, issuances, rules and regulations on wages, or parts thereof inconsistent with the provisions of the Wage Order and this Rules are hereby repealed, amended or modified accordingly. Section 11. Separability Clause. If any provision or part of this Order and this Rule, or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of the Order and this Rules or the application of such provision or part thereof to other persons or circumstances shall not be affected thereby. Section 12. Effectivity of Rules. This rule shall take effect on Cebu City, Philippines, February 13, 2017 ATTY. ERNESTO F. CARREON Approved this _##h_ day of APRIL. , 2017 sil EEELO Secretary, Defartment of Labor and Employment Chairman, Ng¥énal Wages and Productivity Commission