RULES OF PROCEDURE FOR FIXING MINIMUM WAGE
Initiation of Fixing Minimum Wage
Motu Proprio by the Board
PUBLICATION of the Notice of
Hearing shall be made at least 15
days before the date of Initial
When there is more than 1 Petitions
filed, the BOARD may conduct JOINT
HEARING consolidating the petitions
for expedition
SECRETARIAT shall keep the Records
of the Proceedings
Petitioners first present
their Evidence
NON-DISTURBANCE of Wage
Order for a Period of 12
mos. From effectivity.
Exception: SUPERVENING
EVENT!!
x
By way of Filing of Petition
PROPER PARTY must submit
VERIFIED petition for wage increase
in 10 legible copies to the BOARD
The BOARD examines the compliance
in the petition of the Formal &
Substantial Requirements
Hearing
Any Party may file in 10 Legible
Copies before the Board OPPOSITION The Board may enlist the assistance
to the petition on/before the initial of other GOVt Organization in Fixing
hearing & furnish copies to the Min. Wage
petitioners
The BOARD shall determine the date,
place and time of hearing giving
notices to the employees and
employers group, provincial, city and
municipal officials
Hearing MUST be concluded within
COMMENCEMENT OF HEARING 45 days from the date of Initial
hearing
ORDER OF HEARING
BOARD will determine
Oppositions present their whether to grant or deny
Evidence wage increase through
issuance of WAGE ORDER
ISSUANCE of WAGE ORDER w/in 30 Copies of the WAGE ORDER shall be
days from the conclusion of hearing submitted to the NWPC
Wage Order shall take effect 15 days
after publication in newspaper of
Gen, Circulation of the region
RULE ON APPEAL
The appeal shall be accompanied
by a memorandum of Appeal
which shall state the grounds
relied upon
and the arguments in support of
GROUNDS the appeal.
FOR APPEAL:
a) Non-conformity with
prescribed guidelines
and/or procedures
b) Questions of law
c) Grave abuse of
discretion
JURISDICTION: COURT OF APPEALS
(St. Martins Funeral Home vs. NLRC)
APPEAL TO THE COMMISION (NWPC)
An appeal by aggrieved party from the
issuance of the Wage Order may appeal to
the COMMISSION, by filing a verified
appeal with the Board within 10 days from
the publication of the order.
The Commission shall decide on
the appeal within 60 days from
the filing thereof.
NWPCs decision is Final
and executory thus NOT
appealable
In case of dissatisfaction of the
decision of the commission, a
SPECIAL CIVIL ACTION FOR
CERTIORARI is the legal remedy
(RULE 65)
The Board shall serve notice of
the appeal to concerned parties.
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.
Such remedy is to be availed of
within a period of 60 days from
decision of NWPC