Frequently Asked Questions

On Annual Establishment Report on Wages

 

What is the 2022 Annual Establishment Report on Wages?

This is an annual report containing the verified itemized listing of establishments’ labor component, specifying the names of their rank-and-file employees, including learners, apprentices and workers with disabilities who were hired under the terms prescribed in the employment contracts, and their corresponding salaries and wages.

Supervisory and managerial employees are excluded from the report (e.g.  Manager, CEO, COO, President, Vice-President, etc.)

Is the submission of this report required under the law?

Yes, it is required under Article 124 of the Labor Code, as amended by Republic Act No. 6727 or the Wage Rationalization Act. Submission of the report shall be monitored by the DOLE Labor Inspectorate System.

Who is required to submit this report?

All private establishments (sole proprietorship, partnership, corporations, cooperatives, including government-owned and controlled corporations without original charter or those organized under the Corporation Code of the Philippines) are required to submit this report.

Branches are required to submit their individual reports.

What is the purpose of this report?

The report will be primarily used by the NWPC as input to its continuing efforts to improve the implementation of policies and guidelines on wages, incomes and productivity.

What specific information will be collected by the report?

Specific information to be collected by the report shall include:

  • Establishment’s profile (general information, address, contact information, main economic activity)
  • Employment data (number of regular employees, learners and apprentices)
  • Employees by basis of payment (number of hourly/daily/monthly paid employees; number of employees with regularly paid cash allowances), and amount of wages/salary and allowances received.

Establishment’s productivity improvement programs and productivity-based incentive schemes, if any.

When is the deadline of report submission?

For 2022, report submission shall be within the period 01 March 2023 to 31 May 2023.

For succeeding years, submission shall not be later than January 31 of the following year (e.g. for calendar year 2023, submission shall not be later than 31 January 2024).

What is covered by the 2022 report?

The 2022 report shall cover the details of the establishments’ labor component and their corresponding salaries and wages as of 31 December 2022.

Will establishments be required to submit other supporting documents for this report?

Yes, establishments will be required to submit an accomplished Excel file containing the list of employees with their corresponding basic pay and regularly paid cash allowances for verification purposes.

Is there a required Excel format for this purpose?

Yes, Excel format is downloadable from the portal, after completing the information required.  Supplied data in the portal will automatically be reflected in the Excel file.

The downloaded Excel file from last year is no longer compatible with this year’s format.  Respondents must wait for the launch of the new system before downloading the new Excel format.

Can establishments submit/ upload the Excel file at a later date?

Yes, the Excel file may be submitted/uploaded at a later date but only until 31 May 2023. Weekly notices will be sent by the system to the establishment and respondent's indicated email addresses to remind them of the pending submission.

Is the submitted data secured and protected?

Yes, all information to be collected shall be kept private and confidential and shall be processed according to the principles of transparency, legitimate purpose and proportionality pursuant to the provisions of Republic Act No. 10173 or the Data Privacy Act of 2012.

How can establishments make their online submissions?

Simply log in to https://annualwagereport.nwpc.dole.gov.ph and follow the instructions provided.

What will the establishments do in the event of technical problems and other concerns?

Concerns and technical problems encountered may be sent to: wage.report@produktiboatsahod.onmicrosoft.com or to the Wage Report Hotlines at 8527-5519, 85278011 and 09178630855.

Is there a need to submit a hard copy of the report?

No, online submission of the report will suffice.

What will now happen to the physical/paper submissions of the establishments?

Online submission shall now replace the physical/paper submission of the establishments to the Regional Tripartite Wages and Productivity Boards.

What kind of assistance will be extended by the NWPC to establishments which do not have access to online facilities?

Establishments which do not have access to online facilities may go to the nearest RTWPB so they can be assisted with the encoding of entries.

Can establishments still modify their responses including the accomplished Excel file after submission?

Yes, but only once prior to the 31 May 2023 deadline. This may be done by logging-in again to the system.

How will an establishment know that its submission was successful?

Notice will be sent to the establishment and the respondent’s email confirming the submission. Said notice should be printed and presented as proof of compliance to Article 124 of the Labor Code, as amended by Republic Act No. 6727 or the Wage Rationalization Act, during inspection by the Department of Labor and Employment.

 

On Wage System and Policy

What is Two-Tiered Wage System?
How does the 2TWS work?
What is a productivity-based pay advisory?
What is a productivity-based pay advisory?
Why the 2TWS will work?
What are the criteria for minimum wage fixing adopted by the Boards?
Can the Regional Boards issue a wage order even without a petition for wage increase?
Can the Regional Boards grant across-the-board wage increases?
How is the equivalent monthly rate (EMR) of monthly-paid and daily-paid employees computed?

Procedure on Minimum Wage Fixing

How long does it take the Regional Boards to issue a wage order?

In general, the Boards can issue a wage order within 90 days, given the procedural requirements under the Rules of Procedures for Minimum Wage Fixing. The Boards are specifically required to issue a wage order within 30 days after conclusion of the last hearing. Thereafter, a Wage Order becomes effective 15 days after it has been published in a newspaper of general circulation in the area of jurisdiction.

How often can the Boards issue a wage order?

In general, the Boards can issue a Wage Order only once in a given year.

Within the 12-month period from effectivity of the wage order, no petition for wage increase may be entertained, except when there is a supervening condition, such as an extraordinary increase in prices of petroleum products and basic goods and services.

The existence of supervening condition is to be determined by the Boards and confirmed by the NWPC

 

What is the effectivity date of a Wage Order?

A Wage Order take effect fifteen (15) days after its publication in the newspaper of general circulation in the region.

Can the wage order issued by the Boards be appealed?

Yes, any aggrieved party may file an appeal with the NWPC through the Board within 10 days from the date of publication of the Wage Order

The grounds for appeal are:

  • non-conformity with prescribed guidelines and/or procedures;
  • question of law;
  • grave abuse of discretion.
What is the effect of the filing of appeal to the Wage Order issued by the Board?

The filing of appeal does not operate to stay the Order unless the party appealing files with the NWPC an undertaking with a surety or sureties satisfactory to the NWPC for payment to employees affected by the Order of the corresponding increase, in the event such Order is affirmed.

How are wage distortions corrected?

Should disputes arise as a result of wage distortion, RA 6727 provides for correcting the distortions as follows:

 

  • In organized firms,  the employer and the union shall negotiate to correct the distortion using the grievance procedures in the CBA or, if the dispute remains unresolved, through voluntary arbitration.
  • In  unorganized firms,  the  employers  and  workers  endeavor to correct the distortion.  Any   dispute   is  settled   by   conciliation   through  the  National Conciliation and Mediation Board, or if it remains unresolved, by compulsory arbitration through the  National Labor Relations Commission.

 

This provision for correcting wage distortions is also stipulated in all Wage Orders being issued by the Regional Boards.

 

1. Pineda Formula

 Previous minimum wage
Wage distortion adjustment = -------------------------- x Mandated wage Increase
Wage of Employee

 

2. Pineda-Cruz So Formula

[ Previous minimum wage ] n
Wage distortion adjustment = -------------------------- x Mandated wage Increase
Wage of Employee

 Where : exponent is represented by n

 

3. Percentile Approach Formula

Wage distortion adjustment = Percentile weight of pay group x Mandated wage Increase

 

4. Philippine Construction Supply Formula

Existing minimum wage
Wage distortion adjustment = -------------------------- x Mandated wage Increase
Formula base range (FBR)

 Where : FBR = Actual wage rate (AWR) + Agreed amount of adjustment

 

5. Jimenez, Ofreneo, Delas Alas Jr. (JODA) Formula

Wb - Wa
Wage distortion adjustment = --------------------------
2

 New Daily wage rate = wage distortion adjustment + Wc

Where: Wa = old daily minimum wage
Wb = daily wage of employee (where Wb > Wa, or Wb is above Wa)
Wc = new daily minimum wage
= Wa + mandated wage increase

 

6. Wirerope Formula

Existing minimum wage
Wage distortion adjustment = -------------------------- x (Mandated wage Increase -
Creditable Increase)
Present wage of employee

 

7. Bagtas Approach

Mandated Wage Increase
Wage distortion adjustment = -------------------------- x Present wage of employee
Existing Minimum Wage

Coverage of Wage Orders and Exemption

Who are covered by wage orders issued by the Boards?

Wage Orders issued by the Boards cover only private sector workers, except for household helpers and persons in the personal employ of another, including family drivers.

Who are exempted from wage orders issued by the Boards?

Per the Rules on Exemption, the following categories of establishments may be exempted upon application with and as determined by the Board:

  • distressed establishments
  • new business enterprises
  • retail/service establishments employing not more than 10 workers
  • establishments adversely affected by natural calamities

The Boards may also exempt establishments other than those enumerated above only if they are in accord with the rationale for exemption stated in the Rules on Exemption and upon strong justifiable reasons.

What are the criteria and requirements to qualify for exemption?

Sections 3 and 4 of the Rules on Exemption list down the specific criteria and requirements to qualify for exemption, namely:

 

Distressed Establishments

a. For Stock Corporations/Cooperatives

 

  • registersdeficit of 20% or more of the paid up capital as of last accounting period and interim period immediately preceding the effectivity of the Wage Order.
  • registers capital deficiency/negative stockholders' equity as of the last full accounting period or interim period immediately preceding the effectivity of the Wage Order.

 

b. For Single Proprietorships/Partnerships/Non-stock,Non-profit Organization

  • registers a deficit of 20% or more of the total invested capital as of the 2 accounting periods and interim period immediately preceding the effectivity of the Wage Order.
  • registers capital deficiency/negative net worth as of the last full accounting period or interim period immediately preceding the effectivity of the Wage Order

 

c. For Banks and Quasi-banks

  • under receivership/liquidation certified by the Bangko Sentral ng Pilipinas
  • under controllership/conservatorship

 

New Business Enterprises

  • NBEs established outside the NCR and outside Export Zones within 2 years from the effectivity of the Wage Order, classified as agricultural establishments or establishments with total assets of 5M and below.

 

Retail/Service Establishments Regularly Employing Not More Than Ten Employees

  • engaged in the ratil sale of goods/services to end users, and
  • employing not more than ten workers

 

Establishments Adversely Affected by Calamities such as Natural and Human Induced Disasters

  • establishments located in an area under a state of calamity
  • occurrence of natural calamities in the area within 6 months prior to the effectivity of the Wage Order. The 6-month period be extended to 1 year if the damage to properties is at least 50% and the period of recovery will exceed one (1) year.
  • losses or damage to properties as a result of the calamity amount to 20% or more of the capital/stockholders' equity
What is the effect of a disapproved application for exemption?

In case an application for exemption is not approved by the Board, the company shall pay the mandated wage increase/allowance to all covered workers retroactive to the date of effectivity of the Wage Order plus simple interest of 1% per month.

What is the maximum period of exemption allowed?

The maximum period of exemption that may be granted to qualified applicant establishment is one year only.

When should an application for exemption be filed?

An application for exemption together with the supporting documents shall be filed not later than 75 days from publication of the approved implementing rules of the wage order. No extension of filing and submission of required documents will be allowed.

Can the decision of the Board on the application for exemption be appealed?

Yes, the decision of the Board on the application for exemption may be appealed to the NWPC within 10 days from date of receipt of the decision.

Grounds for the appeal:

  1. Non-conformity with the prescribed guidelines and/or procedure on exemptio
  2. Prima facie evidence of grave abuse of discretion on the part of the Board
  3. Question of law

Others

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