MANILA – The Department of Labor and Employment (DOLE) is working with other government agencies for its response to the temporary restraining order (TRO) currently blocking the rollout of the minimum wage increase in the National Capital Region (NCR).
In a statement, Labor Secretary Francis Tolentino said the Department, through the National Wages and Productivity Commission (NWPC) and the Regional Tripartite Wages and Productivity Board – NCR (RTWPB-NCR), is coordinating with the Office of the Solicitor General (OSG), which will serve as legal counsel for the agencies in court proceedings.
The DOLE chief clarified that workers who have already received their wage adjustments are not required to return the additional amount.
"The worker already had a vested right to that. It should not be returned... because at the time it was prepared and received, there was no suspension order yet from the National Wages and Productivity Commission," he explained.
He also noted that employers cannot ask workers to return the differential or execute wage deductions in subsequent payroll cycles.
"Let us remain calm for now. Let us await the outcome of the decision by a co-equal branch. We respect the judiciary. We did this for the welfare of Filipino workers... all of this is for the welfare of both workers and employers," Tolentino added.
RTWPB NCR Chair Sarah Buena Mirasol said the ongoing collaboration with the Office of the Solicitor General (OSG) is addressing the legal grounds surrounding the halted wage increase and determining the next steps to safeguard the interests of workers.
“We are cooperating, and we are coordinating with the Office of the Solicitor General to argue that this [latest wage order] is valid, that we followed the process,” she said.
“We went through the process. It was a discussion among the members of the Board, and all were given the opportunity. We discussed various positions, comments of labor, of the employer, as well as the government. We are confident in the fact that we followed due process, and we followed the process as provided in the guidelines for minimum wage fixing,” she said.
Pursuant to Republic Act No. 6727, or the Wage Rationalization Act, RTWPBs are composed of representatives from the labor, employer, and government sectors. The tripartite framework of wage boards functions as a key policy tool that aligns the priorities of said sectors during minimum wage negotiations.
On Thursday, the Pasig Regional Trial Court issued a TRO against the implementation of NCR Wage Order No. 27, mandating the PHP85 wage hike for minimum wage earners in the region.
Labor groups opposed the decision of the Pasig RTC.
“The Pasig RTC erred in issuing a temporary restraining order against the implementation of the PHP85 wage hike here in the NCR. Aside from violating the Labor Code, the move is also baseless,” Renato Magtubo of Partido Manggagawa said in a separate statement.
“Judge Marie Joyce Manongsong’s TRO would only be justified if the prices of basic commodities were also placed under a TRO,” he added.
The BPO Industry Employees Network (BIEN) also condemned the petition filed before the Pasig City Regional Trial Court seeking to stop the implementation of Wage Order No. 27 of the RTWPB-NCR.
“This legal maneuver is nothing more than another attempt by big business to deny workers even the smallest relief from the worsening cost of living,” it said.
“The PHP85 wage increase, with only the first PHP60 tranche taking effect this July and the remaining PHP25 delayed until next year, is already far below what workers and their families need to survive. Prices of food, transportation, housing, electricity, fuel, and other basic necessities continue to rise while wages remain trapped at poverty levels. Yet instead of recognizing the sacrifices of workers who create their profits every day, these employers want to take away even this measly increase,” the group added. (PNA)
