Symposium on Wage Order No. NCR-19 Employers Confederation of the Philippines Chardonnay by Astoria, Pasig City 14 April 2015 Regional Tripartite Wages and Productivity Board - NCR Presentation Outline 1. WO No. NCR-19: The Process 2. WO NCR-19 and its Impact 3. Salient Provisions 3 Regional Tripartite Wages and Productivity Board – National Capital Region Approved: March 6, 2015 Published : March 20, 2015 Phil. Star Effectivity: April 4, 2015 Implementing Rules: Approved by the Board: April 8, 2015 Transmitted to NWPC: 4/8 Approved by SOLE: _____ Published: __________ Timelines Wage Petitions: Nov. 28, 2014: Association of Minimum Wage Earners and Advocates (AMWEA)-PTGWO P146.80/day March 6, 2015: TUCP (during the Public Hearing) P136 daily across-the-board increase 5 Regional Tripartite Wages and Productivity Board – National Capital Region CONSULTATIONS Labor Sector : January 29, 2015 (PTTC) 6 Regional Tripartite Wages and Productivity Board – National Capital Region CONSULTATIONS Employer Sector : February, 10, 2015 (PTTC) 7 Regional Tripartite Wages and Productivity Board – National Capital Region CONSULTATIONS Government Sector: February, 17, 2015 (Malate, Manila) 8 Regional Tripartite Wages and Productivity Board – National Capital Region PUBLIC HEARING March 6, 2015 (PTTC) 9 Regional Tripartite Wages and Productivity Board – National Capital Region DELIBERATION March 16, 2015 Secretariat The Board Members Government Sector Management Sector Labor Sector 10 Regional Tripartite Wages and Productivity Board – National Capital Region LABOR SECTOR VIEW Assn. of Minimum Wage Earners and Advocates (AMWEA-PTGWO) MW = Living Wage P136 across-the-board increase NCR Living Wage = P1,200 (as of 2014) Current MW Required Increase TUCP = P 466 = 734 Increase to be given in 5 equal yearly tranches of P146.80 Constitutional Mandate • CPI/IR; MRT fare hike • ASEAN integration • Benefits of economic growth must be shared with workers EMPLOYERS’ SECTOR VIEW AMWEA-PTGWO Petition •No legal basis for fixing the living wage rate and equating it with MW •The P734.00 increase payable in equal tranches over a period of 5 years has no basis; does not conform to standards and criteria for wage fixing •The stated living wage will not remain constant. It will increase exponentially due to price spiral even with the first P146.80 tranch. TUCP Petition •An across-the board increase does not fall within the jurisdiction of the Board •The computation of TUCP petition of P136/day is completely flawed as it is based on erroneous and bloated indicators (e.g. figures for inflation rate) EMPLOYERS’ SECTOR VIEW •Wage increase will result to more problems for the economy (PCA) •Legislated wage increases are counterproductive(BAP) •Wage increases should be dictated by market forces (FFCCCII) •The wage petitions did not consider the economic impact of a wage increase- PhilExport •Wage increases should be left to collective bargaining (Phimco Industries) •Phil. Plastics Industry Assn. / PALSCON/ support the position of ECOP GOVERNMENT SECTOR VIEW • With the ASEAN Integration, the clamor for higher wages is no longer tenable • If the Supreme Court declares that the MRT fare hike is illegal, the clamor for higher wages also is not tenable. • Fares have been lowered in NCR, Regions 3 and 4 from P7.50 to P8.50; there is pending petition for reduction of fares for buses and taxis. (LTFRB) • There should be an analysis of the effect of wage increases given by the Boards. RTWPB Mandate Based on NWPC Guidelines, implement a Two-Tiered Wage System 1st Tier Mandatory Wage Order setting the Minimum Wage 2nd Tier Voluntary Wage Advisory encouraging workers and employers to implement in their establishments a Productivity Improvement and Gainsharing Program Minimum Wage Setting: A Difficult Balancing Act Needs of workers and their families Socioeconomic Capacity to Pay requirements RTWPBs Minimum Wage 16 Regional Tripartite Wages and Productivity Board – National Capital Region Minimum Wage Setting: A Difficult Balancing Act Needs of Workers Capacity to pay Socio-economic requirements Minimum Wage 17 Regional Tripartite Wages and Productivity Board – National Capital Region CPI: October 2013 - March 2015 2013 2014 2015 18 Regional Tripartite Wages and Productivity Board – National Capital Region Restoration of Purchasing Power of NCR MW a. Deterioration of P446 from October 2013 to February 2015 P466 x 132.0 126.8 - P466 = (P19.11) b. Deterioration of P446 from October 2013 to March 2015 P466 x 131.6 126.8 - P466 = (P16.97) c. Possible Deterioration of P446 from October 2013 to April 2015 P466 x 131.0 126.8 - P466 = (P13.98) 19 Regional Tripartite Wages and Productivity Board – National Capital Region Other Considerations 20 Regional Tripartite Wages and Productivity Board – National Capital Region 21 Regional Tripartite Wages and Productivity Board – National Capital Region WO# NCR-19 P15/day Basic Wage Increase effective April 4, 2015 Basic Wage Basic Wage Increase New Basic Wage COLA New Minimum Wage Rates Non-Agriculture P451.00 P15.00 P466.00 P15.00 P481.00 Agriculture (Plantation /Non- P414.00 P15.00 P429.00 P15.00 P444.00 Plantation Private Hospitals w/ Bed Capacity of 100 or less Retail/Service Establishments employing 15 workers or less Manufacturing Establishments regularly employing less than 10 workers Regional Tripartite Wages and Productivity Board – National Capital Region Employer Cost/month WO No. NCR-18 WO No. NCR-19 P 451.00 BW 15.00 COLA P466.00/day Monthly Wage P466.00 BW 15.00 COLA P481.00/day P12,038.33 P12,425.83 SSS + EC 894.00 930.00 PhilHealth 150.00 150.00 Pag-IBIG 240.77 248.52 P13,323.10 P13,755.15 (+3.2.0%) Regional Tripartite Wages and Productivity Board – National Capital Region 13th Month Pay (Affected by date of BW Increase) Jan to March (3 mos.) : P451 BW April to December (9 mos.) : P466 BW 13th month Pay = 3 x P451 x 310 + 9 x P466 x 310 12 12 12 12 = 3 x P11,550.53 + 9 x P12,038.33 12 12 = P11,941.46 25 Regional Tripartite Wages and Productivity Board – National Capital Region Worker’s Take Home Pay/month WO No. NCR-18 WO No. NCR-19 P451.00 BW 15.00 COLA P466.00/day Monthly Wage P466.00 BW 15.00 COLA P481.00/day P12,038.32 P12,425.83 SSS 436.00 454.00 PhilHealth 150.00 150.00 Pag-IBIG 240.77 245.52 P11,211.56 P11,573.31 (+3.2%) a. OT Pay/hr P451 X 1.25= P70.07 8 466 8 X1.25= P72.82 (+3.3%) b. NDP/hr P451 X 1.10= P62.01 8 466 8 X 1.10= P64.07 (+3.3%) 26 Regional Tripartite Wages and Productivity Board – National Capital Region 27 Regional Tripartite Wages and Productivity Board – National Capital Region Sec. 4. Application to Contractors In case of contracting out of projects and for security, janitorial and similar services: The wage rate prescribed shall be borne by the principals or clients The contract is deemed amended The service contractor shall be jointly and severally liable with the principal or client if the latter fails to pay the prescribed wage rates. 28 Regional Tripartite Wages and Productivity Board – National Capital Region Sec. 5. Application to Private Educational Institutions For Schools that increased tuition fees in SY 2015-2016 Workers’ share in tuition fee increase shall be considered as compliance with the Wage Order. Any shortfall shall be given starting SY 2016-2017. For SY 2016-2017 All Schools shall implement the WO whether they increased tuition fees or not. 29 Regional Tripartite Wages and Productivity Board – National Capital Region Sec. 8. Exemptions Upon application with the Board 75 days from the date of publication of IRR. 1. Distressed Establishments 2. Retail and Service establishments employing not more than ten (10) Workers 3. Establishments adversely affected by natural calamities EXEMPTION IS FOR A MAXIMUM PERIOD OF ONE YEAR FROM EFFECTIVITY OF THE WAGE ORDER 30 Regional Tripartite Wages and Productivity Board – National Capital Region Sec. 10. Creditable Wage Increase For Organized Firms For Unorganized Firms Wage increase granted Wage increase within 3 months prior to granted within 5 effectivity (i.e. Jan. 3 to months prior to April 3, 2015) may be effectivity (i.e. Nov. 3, credited, if specified in 2014 to April 3, 2015) CBA. may be credited. 31 Regional Tripartite Wages and Productivity Board – National Capital Region Sec. 10. Creditable Wage Increase In both cases: Does not include anniversary, merit increase, and those resulting from regularization or promotion of employees. If the increase granted is less than the prescribed adjustment, the employer shall pay the difference. 32 Regional Tripartite Wages and Productivity Board – National Capital Region Sec. 11. Effects on Existing Wage Structure Wage Distortion Wage Distortion happens when the implementation of a mandated minimum wage increase results in: Elimination or disappearance of a wage differential or, Severe contraction Elimination means that the previous wage differential or gap no longer exists. Severe contraction – contraction by more than 50% of the previous wage differential or gap in pay between two groups of workers in an establishment (Metrobank and Trust Company Employees Union – ALU-TUCP vs. NLRC, 226 SCRA 268) 33 Regional Tripartite Wages and Productivity Board – National Capital Region Severe Contraction CONTRACTION = (Previous Wage Difference) – (New Wage Difference) x 100 Previous Wage Difference If the result is more than 50%, there is a Wage Distortion. 34 Regional Tripartite Wages and Productivity Board – National Capital Region Possible Wage Distortion Adjustment Formulae Assumptions: MW under W.O. No. NCR-18 = P466 Mandated Increase under W.O. No. NCR-19 = P15 Wage of Employee = P500 (1989) = P466 P500 x P15 = P13.98 (1981) 2 = P466 P500 2 x P15 = (0.932) x (0.932) x 15 = P13.03 (Modified Carian Formula, 1991) x Assuming the worker belongs to the 90th percentile pay group = 0.90 x P15 = P13.50 (1993) Assuming agreed amount = P5.00 = P466.00 P500 +P5 = P13.84 x P15 (1996) Assuming the creditable CBA Anniversary Increase is P5.00 = P466 P500 = P9.32 x (P15 – P5) (1998) = P15 P466 = P16.09 x P500 Sec. 12. Complaints For Non-Compliance Complaints for non-compliance with this Order shall be filed with the DOLE-NCR, and shall be the subject of enforcement proceedings under Articles 128 and 129 of the Labor Code, as amended. DOLE –NCR Field Offices Director Lilibeth T. Caraga QUEZON CITY 497-3002 4/F Arcadia Bldg., Quezon Ave. Director Leonides P. Castillon, Jr. MANILA 302-9269 4/F DY International Bldg. San Marcelino cor. Malvar St. Malate, Manila 42 Regional Tripartite Wages and Productivity Board – National Capital Region Sec. 12. Complaints For Non-Compliance Director Rowela Grande 336-5062 MAKATI / PASAY 5/F ECC Bldg., Sen. Gil Puyat Ave. Ext. Makati City Director Corazon M. Pepito 661-5042 PAPAMAMARISAN (Pasig, Pateros, Mandaluyong, Marikina, San Juan) Rudgen Bldg., #17 Shaw Blvd. Brgy. San Antonio, Pasig City Director Benvenuto C. Alegre 808-6165 MUNTAPARLAS (Muntinlupa, Taguig, Parañaque, Las Piñas) 263 Valenzuela Bldg, Alabang Zapote Road Director Andrea P. Cabansag 362-3187 CAMANAVA (Caloocan, Malabon, Navotas, Valenzuela) 5/F Araneta Square Center, Monumento Circle Calocan City Regional Tripartite Wages and Productivity Board – National Capital Region 43 PROVISIONS ON PRODUCTIVITY Sec. 13. Productivity And Other Performance Incentive Programs In order to sustain rising levels of wages and enhance competitiveness, labor and management as partners are encouraged to adopt productivity improvement schemes: Time and Motion Studies Good Housekeeping Quality Circles Labor and Management Cooperation Gain Sharing and other performance incentive programs. 45 Regional Tripartite Wages and Productivity Board – National Capital Region Sec. 22. Advisory on Productivity Based Pay Pursuant to the Two-Tiered Wage System, Wage Advisory No. NCR01 has been issued to guide private establishments in the formulation, adoption and implementation of productivity programs and performance and productivity-based incentive schemes that an enterprise may provide based on agreement between workers and management. Wage Advisory No. NCR-01 Issued: October 3, 2014 Effectivity: October 18, 2014 46 Regional Tripartite Wages and Productivity Board – National Capital Region Other Provisions The other provisions are standard provisions contained in the 18 Wage Orders previously issued. 47 Regional Tripartite Wages and Productivity Board – National Capital Region 48