QuestionsQuestions (DOLE DEPARTMENT ORDER NO. 10)
To provide guidelines for the uniform implementation of Republic Act No. 8188 on the imposition of double indemnity for employers’ non-compliance with prescribed increases or adjustments in wage rates.
Any employer entity—any person, corporation, trust, firm, partnership, association, organization, or entity—acting in the capacity of an employer.
Employee: any individual employed by an employer. Employer: any entity acting directly or indirectly in the interest of the employer in relation to an employee. Wage rates: the lowest basic pay including cost of living allowances fixed by the Board, excluding other wage-related benefits like overtime, bonuses, night shift differential, holiday pay, premium pay, and leave benefits.
Violation is the refusal or failure of an employer to pay the prescribed increases/adjustments, as established by the Regional Director.
The prescribed wage rates the employer failed to pay upon effectivity of a wage order, excluding other wage-related benefits. These unpaid benefits are the principal basis for computing double indemnity.
It is payment to the concerned employee equivalent to twice the unpaid benefits owing to the employee.
A notice issued by a labor standards enforcement officer after inspection, specifying violations, the computation of unpaid benefits, and advising that the employer will be liable for double indemnity if it refuses or fails to correct the violation within five (5) calendar days from receipt.
An order issued by the Regional Director after notice and hearing, directing the employer to pay the amount due each worker within ten (10) calendar days from receipt and to submit proof of compliance (as described under the guidelines’ principles).
The Regional Director must call for summary investigation and, after due notice and hearing, issue a compliance order where appropriate.
It must direct payment within ten (10) days from receipt, specify the amount due each worker, and include the computation on which the order is based.
Upon the finality of the compliance order, the Regional Director causes the issuance of a writ of execution for its enforcement.
No. No compliance order shall be issued during the pendency of an application for exemption from a wage order duly filed with the appropriate Board.
It starts from the effectivity of the prescribed increases or adjustments as indicated in the wage order.
The basis is limited to the balance of unpaid benefits reckoned from the effectivity of the wage order.
The basis is limited to unpaid benefits as defined in the guidelines (i.e., the unpaid prescribed wage rates upon wage order effectivity, excluding other wage-related benefits).
It deems all inconsistent rules, regulations, issuances, or parts thereof superseded or modified accordingly.
Fifteen (15) days after its complete publication in at least one (1) newspaper of general circulation.