THE Office of the Solicitor General (OSG) is ready to defend the P85 minimum wage increase order for the National Capital Region, Presidential Communications Office Undersecretary Claire Castro said.
The Pasig Regional Trial Court on July 30 issued a temporary restraining order (TRO) against the implementation of the Wage Order 27 issued by the Regional Tripartite Wages and Productivity Board (RTWPB) in response to a petition filed by Readycon Trading and Construction Corp. and R-II Builders Inc.
The OSG will represent the NCR wage board and National Wages and Productivity Commission, Castro said.
“We respect the courts. But the government, the administration, has the right to express what is due to our people and our workers,” Castro said in Filipino. “It appears that the best remedy for those concerned in this matter is to file an appeal before the Regional Tripartite Wages and Productivity Board and not before the court.”
On Monday, Labor Secretary Francis Tolentino assured workers that the Department of Labor and Employment (DOLE) will continue to defend the wage increase in the National Capital Region.
Tolentino made the assurance after meeting with workers who gathered outside the DOLE central office in Manila to protest the TRO.
He appealed for calm, saying the issue should be resolved through the proper legal process and that DOLE remains committed to protecting their rights and welfare.
Tolentino also announced plans to establish a Labor Attorneys’ Office, which would provide free legal assistance to workers needing representation and legal advice.
Several senators on Monday said the TRO violated the Labor Code.
Senate Labor Committee Vice Chairman Raffy Tulfo said Article 126 of the Labor Code prohibits courts from issuing injunctions or restraining orders against proceedings, actions or processes of Regional Tripartite Wages and Productivity Board.
“The wage increase is already modest despite the continuing rise in prices, yet even this has been denied to our poor workers who are only trying to make ends meet,” Tulfo said in a statement.
He said any appeal against a wage order should have been brought before the National Wages and Productivity Commission instead of the courts.
He said that he would file a bill amending Article 126 of the Labor Code to remove any ambiguity over the prohibition against judicial interference in wage board actions.
Sen. Joel Villanueva, chairman of the Senate Committee on Labor and Employment, said that while he respects the court’s decision, he is confused by the ruling.
“As head of the Senate labor panel, I’m also saddened by this development. This increase is badly needed by our workers. I’m also confused by that decision primarily because of Article 126 of the Labor Code,” Villanueva said.
“I’m more than willing to be corrected, but that is also my understanding of the law,” he added.
Sen. Risa Hontiveros called on the DOLE and the OSG to challenge the restraining order.
“Let us respect the law and the tripartite system where workers, employers and the government all have a voice,” Hontiveros said.
She urged employers to respect the tripartite wage-setting mechanism and avail themselves of the administrative process for exemption instead of bypassing it through the courts.
