Question & AnswerQ&A (Republic Act No. 6129)
The minimum wage rate prescribed by Republic Act No. 6129 for employees in non-agricultural enterprises is not less than eight pesos a day. In retail or service enterprises that regularly employ not more than five employees, the minimum wage shall not be less than six pesos a day.
The minimum wage rate for employees in farm enterprises is not less than four pesos and seventy-five centavos a day.
No, Republic Act No. 6129 does not apply to farm tenancy, household service, and persons working in their respective houses in needlework or in any cottage industry registered under Republic Act No. 3470.
The Wage Commission consists of five members: three representing the public (one as Chairman), one representing labor, and one representing employers. The public representatives must not have any pecuniary interest or connection with private businesses or industrial enterprises.
The Wage Commission conducts wage studies, can order representation elections for industry wage bargaining, promulgate wage orders, collect and analyze data on wages and economic conditions, summon witnesses, and enforce attendance and testimony via subpoena. It can also promulgate rules and submit annual reports to Congress.
If no industry wage agreement is reached within 45 days after the Commission's recommendation, the Wage Commission proceeds to fix the minimum wage after notice and hearing within 60 days by issuing a wage order that has the force of law.
The Commission considers the cost of living, wages for comparable work, wages paid by employers maintaining reasonable standards, fair return on capital invested, and size, location, and fertility of agricultural farms.
Violators are subject to a fine of not less than five hundred pesos nor more than two thousand pesos or imprisonment from six months to one year, or both, in the discretion of the court. Alien violators shall be deported after service of sentence.
The Court of Industrial Relations has jurisdiction over claims for payment of minimum wages where an employer-employee relationship exists or where reinstatement is sought. Otherwise, regular courts have jurisdiction.