The Marcos administration supports the call of the Department of Labor and Employment (Dole) and labor groups for the urgent lifting of the temporary restraining order (TRO) issued by the Pasig Regional Trial Court, suspending the P85 wage hike in Metro Manila.
Palace press officer Claire Castro on Monday said Malacañang shares the view of the Dole and groups that the wage increase implementation should not have been paused by the court.
‘We respect all courts, but the government and the administration also have the right to express what they believe is appropriate for our people and our workers,’ Castro said. ‘It appears that the proper remedy for anyone who had concerns about the wage order should have been to file an appeal with the Regional Tripartite Wages and Productivity Board (RTWPB), rather than bringing the matter directly before the court,’ she added.
According to Castro, the Office of the Solicitor General is ready to defend the wage order that was issued for the benefit of the more than 1 million minimum wage earners in Metro Manila.
Malacañang, however, deferred to the Congress for the passage of a legislated wage increase for all private workers in the country.
‘The President wants workers to receive fair and appropriate wages,’ Castro said.
‘While no law yet has been submitted for the President’s consideration, the government and the Regional Tripartite Wages and Productivity Board will continue working to address the needs of our workers,’ she added.
Eleven labor organizations, unions and workers’ political parties on Monday asked the Pasig RTC Branch 152 to lift the TRO that halted the implementation of the P85 daily wage increase in the National Capital Region. The wage hike was originally set to take effect on July 25.
Pasig RTC Branch 152 Judge Marie Joyce Manongsong issued the 20-day TRO, which suspended the implementation of NCR Wage Order No. 27 until Aug. 13. The order followed a status quo ante order issued on July 24 by Pasig RTC Executive Judge Achilles Balauitan.
The court was set to hear on Monday the petition seeking a writ of preliminary injunction filed by construction firms Readycon Trading and Construction Corp. and R-II Builders Inc.
If granted, the preliminary injunction would stop the wage order from taking effect until the case is resolved or the court orders otherwise.
In their motion, the labor groups argued that Article 126 of the Labor Code bars courts, tribunals and other bodies from issuing temporary restraining orders or injunctions against proceedings before the National Wages and Productivity Commission (NWPC) or the RTWPB.
They also said the petitioners failed to exhaust the remedies provided under the Labor Code. Under Article 123, parties opposing a wage order must first appeal to the NWPC within 10 calendar days from its publication.
The labor groups noted that the appeal period expired on July 19, 10 days after Wage Order No. 27 was published on July 9. They said that judicial review may only be sought after the administrative appeal process has been completed. /mr