Wage board asserts P85 wage hike underwent fair process, consultations

The Regional Tripartite Wages and Productivity Board-NCR (RTWPB-NCR) was baffled by the temporary restraining order (TRO) issued against its proposed P85 minimum wage hike in the region, maintaining that it followed minimum wage-fixing guidelines and conducted consultations.

“Talagang nalulungkot, lalo na po kami kasi alam ko po na kami ay dumaan sa proseso… it was a discussion among the members of the board, and all were given the opportunity,” RTWPB-NCR Chairperson Atty. Sarah Buena Mirasol said in a “24 Oras” report by Bernadette Reyes on Friday.

(We are truly saddened, especially since we know we went through the proper process… it was a discussion among the members of the board, and everyone was given an opportunity to speak.)

“Tinalakay po namin ang iba’t ibang positions, comments ng labor, ng employer, as well as the government, and we are confident of the fact na we followed due process and we followed the process as provided in the guidelines for the minimum wage fixing,” Mirasol added.

(We discussed the various positions and comments of labor representatives, employers, and the government. We are confident that we followed due process and adhered to the guidelines provided for minimum wage fixing.)

On Thursday, the Pasig RTC issued a TRO, halting the implementation of the P85 minimum wage hike in Metro Manila that was approved by DOLE in June.

The TRO ordered the RTWPB-NCR and the NWPC to stop the implementation of the wage hike until August 13.

According to the Department of Labor and Employment (DOLE), while it respects the court’s decision, the agency—through the NWPC—is already coordinating with the Office of the Solicitor General (OSG), which serves as its legal counsel.

The RTWPB-NCR noted that any appeal regarding the wage hike should properly be reviewed by the NWPC.

Board members were also left confused as to why the TRO halts the wage increase across the entire NCR, given that the petition was filed in Pasig City.

“Hindi ko rin mawari no, matintindihan kasi ang proseso namin ay from regional trial, RTWPB ay pupunta po sa NWPC yung thru appeal po Kung meron pong grave abuse of discretion on our part na meron kaming hindi sinunod sa guidelines ng minimum wage fixing,” Mirasol said.

(I also can't quite understand it, because under our procedure, an appeal from the RTWPB goes straight to the NWPC—specifically to determine if there was grave abuse of discretion on our part or if we failed to comply with minimum wage-fixing guidelines.)

The regional wage board said it will defer decisions on the implementation of the TRO to its legal counsel, the OSG.

Kamanggagawa Representative Ely San Fernando said they will seek an investigation into the Pasig RTC’s actions for encroaching on the jurisdiction of the wage board.

“Ang nakasulat sa RA 6727 at sa Labor Code, ‘yung exclusive jurisdiction sa pagtatakda ng sahod nasa mga Regional Wage Boards, so kung merong apela ‘yung halimbawa mga negosyante, dapat ang pupuntahan nila National Wages and Productivity Commission, hindi sa RTC,” Kamanggagawa Partylist Rep. Ely San Fernando said.

(Under RA 6727 and the Labor Code, exclusive jurisdiction over wage setting lies with the regional wage boards. So if businessmen want to appeal, they should take it to the National Wages and Productivity Commission, not to a Regional Trial Court.)

“So pinangingibabawan, pinanghihimasukan ng Pasig RTC Branch 152 kung ano ‘yung nakasulat sa batas. This really merits a congressional inquiry,” he added.

(Pasig RTC Branch 152 is overriding and encroaching upon what is clearly written in the law. This really merits a congressional inquiry.)

For his part, DOLE Secretary Francis Tolentino stated that employers must still pay employees the approved wage hike for work rendered before the court injunction took effect.

“Meron nang vested right ‘yung manggagawa noon so hindi na dapat isauli ‘yon,” Tolentino said.

(The workers already have a vested right to those earnings, so they shouldn't have to return them.) —Lyjah Tiffany Bonzo/LDF, GMA News