Senator Raffy Tulfo moves to stop court orders vs. wage hikes

MANILA – Sen. Raffy Tulfo on Tuesday said he filed a measure that would prevent courts and other tribunals from blocking the implementation of wage orders through temporary restraining orders (TROs) or injunctions.

Senate Bill No. 2372 seeks to amend Article 126 of the Labor Code to expressly cover the issuance, publication, implementation, enforcement and effectivity of wage orders issued by the National Wages and Productivity Commission (NWPC) and regional wage boards.

Under the bill, any TRO or injunction issued in violation of the proposed prohibition would be considered null and void from the beginning.

Parties contesting a wage order would instead have to pursue the administrative appellate remedies provided under the Labor Code.

In a news release, Tulfo, vice chairperson of the Senate Committee on Labor and Employment, said the measure would close a loophole that has allowed parties to stop final wage orders despite the existing prohibition against injunctions on proceedings before wage-setting bodies.

“The issuance of a wage order is a product of rigorous public hearings, economic studies and tripartite consultations involving the government, the labor sector and the employers,” he said.

Tulfo cited the suspension of Wage Order No. NCR-27, which granted an PHP85 increase in the daily minimum wage of private-sector workers in Metro Manila.

Its implementation was stopped on July 30 following a TRO issued by the Pasig Regional Trial Court on a petition for declaratory relief filed by two private companies.

Although Article 126 currently prohibits injunctions against “proceedings” before the NWPC and Regional Tripartite Wages and Productivity Boards, Tulfo said the term could be interpreted narrowly as covering only hearings and deliberations.

This has allowed parties to seek court intervention against the implementation of final wage orders, he said.

“By the time the legal dispute is resolved, the purchasing power of the workers has already been severely eroded, and the intended economic relief of the wage increase is rendered moot,” Tulfo said.

The senator said ensuring the immediate effectivity of wage orders would protect workers’ economic welfare and uphold the constitutional mandate of social justice.

-Phiippine News Agency