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LABOR

Philippines

WAGE RATES: RULES IMPLEMENTING WAGE ORDER NO. NCR-11

Section 1. Amount and Effectivity of the New Minimum Wage Rates. Effective 16 June 2005, all minimum wage workers in the private sector in the National Capital Region shall receive an increase of TWENTY FIVE PESOS (P25.00) per day in their basic pay.

Section 2. The New Mini um Wage Rates. The total compensation of workers earning the prevailing minimum wage rates in the National Capital Region shall be as follows:

Section 3., Coverage. The wage increase prescribed herein shall apply to all minimum wage earners in the private sector in the Region, regardless of their position, designation or status and irrespective of the method ny which their wages are paid.

This Wage Order shall not cover household or domestic helpers; persons in the personal service of another, including family drivers; and workers of registered Barangay Micro Business Enterprises (BMBE's) with Certificates of Authority.

Section 4. Basis of Minimum Wage Rates. The minimum wage rates prescribed under this Order shall be for the normal working hours which shall not exceed eight (8) hours of work a day.

Section 5. Application to Private Educational Institutions. In the case of private educational institutions, the share of covered workers and employees in the increase in tuition fees for School Year 2005-2006 shall be considered as compliance with the increase prescribed herein. However, payment of any shortfall in the wage increase set forth herein shall be covered starting School Year 2006-2007
Section 6. Application To Contractors. In case of contracts for construction projects and for security, janitorial and similar services, the increase in the minimum wage prescribed herein shall be borne by the principal or client of the contractor and the contract shall be deemed amended accordingly.
Section 7. Workers Paid by Result. All workers paid by result, 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, or a proportion thereof for working less than the normal working hours.
The adjusted minimum wage rates for workers paid by result shall be compute in accordance with the following steps:

a. Amount of increase in AMW/Previous AMV = per cent increase
b. Existing rate/piece x Per cent increase = increase in rate/piece
c. Existing rate/piece + increase in rate/piece = Adjusted rate/piece

*Where AMW is the Applicable Minimum Wage rate.

The wage rate of workers who are paid by result shall continue to be established in accordance with Article 101 of the Labor Code of the Philippines, as amended, and its implementing rules and regulations.

Section 8. Wages of Special Groups of Workers. Wages of apprentices and learners shall be in no case be less than seventy-five (75%) of the applicable minimum wage rates prescribed in the Order. All qualified handicapped workers shall receive the full amount of the minimum wage rate prescribed herein pursuant to R.A. 7277.

 

India

Under the Constitution of India, Labor is a subject in the Concurrent List where both the central and State Governments are competent to enact legislation subject to certain matters being reserved for the Central.

The salient features of some of the important Labor Acts, which are applicable for carrying out business in India are:

Employees' Provident Fund and Miscellaneous Provisions Act, 1952
Benefits available to workers include the provident fund, employees deposit linked insurance, and the pension to the workers and their families.

Employees' State Insurance Act, 1948
This law provides for health care and cash benefits in cases of sickness, maternity, and employment injury.

Maternity Benefit Act, 1961
Regulates employment of women before and after child birth and provides for 12 weeks maternity leave, medical bonus, and certain other benefits.

Payment of Gratuity Act, 1972.
Provides for payment of gratuity at 15 days' wages for every completed year of service of part thereof, in excess of seven months.

Factories Act, 1948.
Regulates health, safety, welfare, and other working conditions of workers in factories. Enforced by the State Governments through their factory inspectors.

Mines Act, 1952.
Contains provisions for measures for the health, safety, and welfare of workers in the coal, metal, and oil mines.

Dock Workers (Safety, health, and Welfare) Act, 1986. Contains provisions for the health, safety and welfare of workers working in ports/docks Administered by Director General Factory Advice Service and Labor Institutes, Directorate General FASLI as the Chief Inspector there are inspectors of dock safety at major ports in India. Overall emphasis in the activities of the inspectors is to contain the accident rates and the number of accidents at the ports.

The Payments of Wages Act, 1936.
The Payment of Wages Act was enacted during the British Rule in 1936 on the recommendations of the Royal Commission on Labor. The Act regulates the payment of wages to workers and ensures that the employers within the stimulated time frame and without any unauthorized deductions disburse them.

Minimum Wages Act.
A minimum Wages Bill was introduced in the Central Legislative Assembly in 1948 to provide for fixation of minimum wages in certain employments. It came into force with effect from 15.3.48.

The Payment of Bonus Act.
the payment of Bonus Act is applicable where 20 or more persons are employed on any day during an accounting year.

The Contract Labour (Regulation and Abolition) Act 1970. Every principal employer who intends to employ contract labor in his establishment/factory shall make an application in specified form to the concerned authority of the area in which the establishment sought to be registered is located.


MINIMUM WAGE RATES IN THE METRO MANILA

Industry/Sector
Non-Agriculture
Agriculture (Plantation and Non-Plantation)
Private Hospitals with bed capacity of 100 or less
Retail/Service Establishments employing 15 workers or less
Manufacturing Establishments employing less than 10 workers

Basic Wage1
P275
P238
P238
P238
P238

Ecola2
P30
P30
P30
P30
P30

Ecola3
P20
P20
P20
P20
P20
Total
P325
P288
P288
P288
P288

1 under WO NCR-11 | 2 under WO NCR-09 | 3 under WO NCR-10

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