Manila: Sen. Raffy Tulfo on Tuesday announced the filing of a legislative measure aiming to prevent courts and other tribunals from obstructing wage orders through temporary restraining orders (TROs) or injunctions.
According to Philippines News Agency, Senate Bill No. 2372 proposes an amendment to Article 126 of the Labor Code to explicitly address the issuance, publication, implementation, enforcement, and effectivity of wage orders issued by the National Wages and Productivity Commission (NWPC) and regional wage boards. Under this bill, any TRO or injunction issued in violation of the proposed prohibition would be deemed null and void from the onset.
Parties disputing a wage order would be required to seek administrative appellate remedies provided under the Labor Code. In a news release, Tulfo, who serves as vice chairperson of the Senate Committee on Labor and Employment, indicated that the measure aims to close a loophole that has allowed parties to halt final wage orders despite an existing prohibition against injunctions on proceedings before wage-setting bodies.
Tulfo noted the suspension of Wage Order No. NCR-27, which had granted an PHP85 increase in the daily minimum wage of private-sector workers in Metro Manila. The implementation of this wage order was halted on July 30 following a TRO issued by the Pasig Regional Trial Court in response to a petition for declaratory relief filed by two private companies.
Although Article 126 currently bars injunctions against 'proceedings' before the NWPC and Regional Tripartite Wages and Productivity Boards, Tulfo pointed out that the term could be narrowly interpreted as covering only hearings and deliberations. This interpretation has permitted parties to seek court intervention against the implementation of final wage orders.
Tulfo emphasized that by the time legal disputes are resolved, the purchasing power of workers is significantly eroded, rendering the intended economic relief of wage increases moot. He asserted that ensuring the immediate effectivity of wage orders would safeguard workers' economic welfare and uphold the constitutional mandate of social justice.
