What is the proper minimum wage for workers in the National Capital Region (Metro Manila)? Are all workers entitled to receive the minimum wage?
The minimum wage given to employees shall differ on the kind of sector/industry where they are working. The minimum wage rate for employees in the private sector at the National Capital Region effective January 01, 2014 is provided in Wage Order NCR-18, to wit:
Sector/Industry Minimum Wage Rate
Agriculture (Plantation and Non-Plantation)
Private hospitals with bed capacity of 100 or less
Retail/Service Establishments employing 15 workers or less
Manufacturing Establishments regularly employing 15 workers or less P 466.00
The foregoing rate shall apply to all minimum wage earners in the private sector at the National Capital Region, regardless of their position, designation or status of employment and irrespective of the method through which they are paid. This rate, however, shall not be applied to household or domestic helpers, persons in the personal service of another, including family drivers, and workers of duly registered Barangay Micro Business Enterprises (BMBEs) with Certificates of Authority pursuant to Republic Act (RA) 9178 (Section 2, Wage Order NCR-18).
Certain groups of employers, however, may, upon their application with the Regional Tripartite Wages and Productivity Board, be exempted from giving their employees the aforementioned minimum wage rates. This is provided in Section 8 of Wage Order NCR-18, to wit:
“Section 8. Exemptions. Upon application with and as determined by the board, based on documentation and other requirements in accordance with applicable rules and regulations issued by the NWPC, the following may be exempted from the applicability of this order:
1. Distressed Establishments;
2. Retail/Service establishments regularly employing not more than ten (10) workers;
3. Establishments whose total assets (ETA) including those arising from loans but exclusive of the land on which the particular business entity’s office, plant and equipment are situated, are not more than P3 million; and
4. Establishments adversely affected by natural calamities.
Within one (1) year from the grant of exemption to a qualified ETA, said ETA is encouraged to register as Barangay Micro Business Enterprise under the BMBE Law.”
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts that you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to email@example.com