RULE I
GENERAL PROVISIONS
Section 1. Title. This Guidelines shall be known as the Revised Guidelines on the Conduct of Time and Motion Studies (TMS).
Section 2. Construction. This Guidelines shall be liberally construed to carry out the objectives of Administrative Order No. 357, Series of 2010, DOLE Rationalization Plan, Executive Order No. 366, and Articles 101 and 121 (b) of the Labor Code of the Philippines, as amended by Republic Act No. 6727.
Section 3. Scope. This Guidelines shall govern the conduct of Time and Motion Study by the Regional Tripartite Wages and Productivity Boards.
Section 4. Coverage. This guidelines shall cover workers of micro, small and medium enterprises who are paid by result, including pakyao, piecework and other non-time work pursuant to Article 101 of the Labor Code but shall exclude enterprises where no employer-employee relationship exist. Daily rate workers may also be covered but only for purposes of setting standards for work improvement and productivity.
Section 5. Definition of Terms as used in this Guidelines:
a. | By Asset Size | |
Micro : | Up to P3,000,000 | |
Small : | P3,000,001 – P15,000,000 | |
Medium : | P15,000,001 – P100,000,000 | |
Large : | above P100,000,000 | |
b. | Alternatively, they may also be categorized based on the number of employees: | |
Micro : | 1 – 9 employees | |
Small : | 10 – 99 employees | |
Medium : | 100 – 199 employees | |
Large : | More than 200 employees |
Section 6. Assessment and Accreditation. The NWPC shall develop a system of assessment and accreditation of those who will conduct time and motion study. Accredited trainors shall comply with the procedural requirements consistent with Rules II and III of this Guidelines. NWPC shall also provide continuous capacity building for its personnel.
Section 7. Technical Assistance. The conduct of TMS is a form of technical assistance conducted by the RTWPBs free of charge or at no cost to applicants.
RULE II
CONDUCT OF TIME AND MOTION STUDY
Section 1. Filing of Application for the conduct of time and motion study
a. How filed. Application may be filed personally or by registered mail using the prescribed form (NWPC-TMS Form-01) and shall be accompanied by the following documentary requirements:
Applications with incomplete documentary requirements shall not be accepted. If the application was sent through registered mail or e-mail, it shall be returned upon receipt using the Reply Form NWPC-TMS Form-02 with all the submitted documents, indicating the reason/s for denying the application.
b. By whom filed. The application may be filed by the union, a worker or owner/manager or the duly authorized representative of a micro, small, or medium establishments in person or by registered mail. In case the application is filed by a union or worker, mere application will suffice and the RTWPB shall immediately notify the owner/manager who shall be required to submit the documentary requirements.
c. Where to file. The application for the determination or approval of piece rates and/or production standard setting with the appropriate RTWPB having jurisdiction over the workplace using the prescribed form (NWPC-TMS Form-01). Applications filed with the DOLE-RO and field offices shall immediately be forwarded to the appropriate RTWPB.
d. When to file. The application for the determination of piece rates shall be filed before such rates are given effect. Applications for the approval of existing piece rates, on the other hand, may be filed at any time at the discretion of the requesting party, without prejudice to the right of the workers concerned to recover the difference between the amount to which they are entitled to receive under the standards or rates as determined by the RTWPB and that actually paid to them.
Section 2. Actions on Application. The RTWPB secretariat shall, within 30 days from the determination of the completeness of the application, act on the same as follows:
The RTWPB Secretariat shall prepare the minutes of the meeting which need to be approved by the representatives present thereat using the NWPCTMS Form-03 for TMS to be conducted.
3. Conduct of TMS. (NWPC-TMS Forms-04 and 05)
RULE III
PIECE RATE AND/OR PRODUCTION STANDARD ORDER
Section 1. Issuance of Piece Rate and/or Production Standard Order. Within five (5) working days from receipt of the RTWPB’s resolution, the Regional Director as RTWPB Chairperson shall issue a Piece Rate and/or Production Standard Order.
Any party aggrieved by a Piece Rate and/or Production Standard Order may appeal to the NWPC by filing a verified appeal with the RTWPB therein the grounds relied upon, in two (2) printed and legible copies, within ten (10) days from receipt of the Piece Rate or Production Standard Order. The appeal may be filed based on violations of the procedures set in Rule II, Section 2 hereof.
Section 2. Contents. The Piece Rate Order (NWPC-TMS Form-06) or Production Standard Order (NWPC-TMS Form-07) shall include the following:
Section 3. Duration of Piece Rate and/or Production Standard Order. The duration of a Piece Rate and/or Production Standard Order shall remain valid and effective unless sooner revoked or suspended or revised or reviewed.
Section 4. Posting of Order. The union/workers and employer shall each be furnished a copy of the Order. The employer shall post a copy of the Order in a bulletin board or in a conspicuous place in its establishment and shall submit a certificate of posting to the RTWPB. The posting shall form part of the monitoring activity of the DOLE RO.
Section 5. Validation for Large Establishments. Large establishments with existing piece rates may apply for validation of the same which shall also be the subject of a Piece Rate Order.
RULE IV
ENFORCEMENT
Section 1. Enforcement of Piece Rate and/or Production Standard Order. Compliance with the Piece Rate and/or Production Standard Order issued by the RTWPB shall be enforced by the appropriate DOLE-RO, in accordance with enforcement procedures under Art. 128 and 129 of the Labor Code, as amended.
Section 2. Any violation of the Order may result in revocation or suspension thereof by the DOLE Regional Director after due process.
RULE V
SUBMISSION OF REPORTS
Section 1. Submission of Reports. The RTWPBs shall submit to the NWPC within ten (10) working days after the reference month, a monthly report (NWPC-TMS Form-08) on the conduct of Time and Motion, for purposes of program monitoring and evaluation.
All Orders and their corresponding TMS documentation should be filed at the RTWPB. One complete copy shall be sent to NWPC, who shall maintain a database of all TMS. The NWPC shall conduct random documentation and/or site audits on TMS. Copy of the results of the audit shall be furnished the concerned Board Chairperson.
RULE VI
REPEAL AND SEPARABILITY
Section 1. Repeal and Separability. All existing rules, regulations or orders or any part thereof inconsistent with this revised Guidelines are hereby amended or modified. If any part or provision of this Guidelines is declared unconstitutional or illegal, the other parts or provisions shall remain valid.
RULE VII
EFFECTIVITY
Section 1. Effectivity. This Guidelines shall take effect fifteen (15) days after its publication in one (1) newspaper of general circulation.
(SGD.) ROSALINDA DIMAPILIS-BALDOZ
Secretary