DOLE: Employers ignoring wage order face sanctions

ILOILO — Employers across Western Visayas who fail to implement the P37 wage increase effective November 19 are at risk of labor violations, the Department of Labor and Employment (DOLE) Region 6 warned, stressing that delayed or missing adjustments in payrolls will trigger compliance orders and possible sanctions.

Regional Director Sixto Rodriguez Jr. said the agency will not hesitate to inspect establishments once complaints come in.
“The wage hike should be given on the day itself. In the event of delayed or non-payment of wages, accompanied by a corresponding increase in pay, there are violations,” he stressed. “If there is a complaint, I will immediately send inspectors to inspect the establishment involved, and it is not only the complainant who will benefit, but all employees similarly situated in the establishment are included in the case.”

The new wage order mandates a P37 increase for non-agricultural workers in establishments with more than 10 employees, retroactive to November 19 under Wage Order No. RBVI-29.

Delayed Payroll? Still a Violation, DOLE Says

Rodriguez emphasized that the wage increase must appear in the payroll covering November 19, regardless of an employer’s payroll cycle.

“Ayon sa ating wage order, effective November 19, on the day itself dapat mag-increase plus P37… Should they start it yung payroll nila November 30, it will retroact on the day of the issuance of the effectivity date of the wage order,” he explained.

He added employers cannot claim ignorance.

“Hindi na kailangan ng copies of wage order, kasi nai-publish na natin. It’s a public knowledge na may issuance na on November 19.”

Non-Compliance Could Trigger Compliance Orders

While DOLE encourages voluntary compliance, Rodriguez made clear that ignoring the wage order will prompt formal enforcement.

Failure to comply, he said, may lead to the “issuance of a compliance order,” adding that litigation burdens both employers and workers.

“We will ensure due process by considering any concerns raised by employers… but all employees will ultimately benefit from compliance,” he noted.

13th Month Pay Must Reflect the Wage Hike

Rodriguez clarified that the P37 increase must be included in the computation of the 13th month pay.

“It will be added to our wage increase… the total actual basic salary in the year… plus the increase of P37 should be included in the total amount divided by 12,” he said.

NIR Not Exempt — Bacolod, Negros Must Still Comply

DOLE-6 also corrected misconceptions that the newly created Negros Island Region (NIR) is exempt from Region VI’s wage order.

“Kasama pa din ang Bacolod, Negros Island sakop ng Region VI… di naman automatic… na yung RTWPB-NIR ay iba na yung wage,” Rodriguez said. A new wage order may only be issued after the mandatory one-year period, he added.

Sugar Planters’ Appeal Under Review

Rodriguez confirmed an appeal filed by the Confederation of Sugar Producer Associations Inc. (CONFED), arguing there were “defects” in the publication of the wage order.

He said the case is now with the National Wages and Productivity Commission (NWPC):
“So we refuse to comment on that subject to the issuance of the appeal order ng NWPC.”

Kasambahay Wage Order Also in Effect

For domestic workers, Wage Order RBVI-DW-07 sets the minimum wage at P₱6,500, with an additional P500 increase.

Rodriguez urged employers to comply: “Ay hindi na lahat lahat ng kasambahay ay pumupunta sa amin to complain, that’s why I urge all employers nga kasambahay to follow the order. Dapat bigyan sila ng pansin at bigyan ng wastong sahod.”/PN

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