DOLE insists Pasig court has no jurisdiction over wage hike decisions, files motion vs injunction
KINATOK NA ANG BINTANA: DOLE Secretary Francis Tolentino files a motion for reconsideration seeking for the dismissal of the petition filed against the P85 wage hike in Metro Manila for lack of jurisdiction of the Pasig City RTC Branch 152, and for the same court to issue a new order denying the petitioners’ application for a writ of preliminary injunction (photo: DOLE)
The Department of Labor and Employment (DOLE) filed on Monday, Aug. 17, asked the Pasig City Court to lift the preliminary injunction it issued for the implementation of the P85 increase in daily wage hike that was supposed to have been in effect last month.
DOLE Secretary Francis N. Tolentino said the motion for reconsideration he filed before the Pasig Regional Trial Court (RTC) Branch 152 is seeking to dismiss the case filed by the two construction companies against the implementation of the National Capital Region Wage Order No. NCR-27.
The order approved an P85 increase in daily wage of workers in Metro Manila, the first tranche of P60 was supposed to have been implemented late last month and the remaining P25 in January next year.
In the motion for reconsideration, it argued that the Pasig City court has no jurisdiction based on the country’s labor law.
“We filed a motion for reconsideration to question the decision of the (Pasig C ity RTC) Branch 152 because all the administrative remedies were not exhausted. Article 126 was set aside and it was not shown in the decision that Article 123 was followed,” said Tolentino.
Article 123 of the Philippine Labor Code governs the issuance of regional Wage Orders by the Regional Tripartite Wages and Productivity Boards and mandates that any appeals must be brought before the National Wages and Productivity Commission (NWPC).
Article 126, on the other hand, strictly prohibits any court, tribunal, or entity from issuing temporary restraining orders or injunctions against proceedings before the NWPC or regional wage boards.
“The motion seeks to dismiss the case for lack of jurisdiction and failure to state a cause of action, and to issue a new order denying the petitioners’ application for a writ of preliminary injunction,” said Tolentino.
The wage increase, scheduled to take effect last month, was expected to provide approximately 1.1 million daily wage earners in Metro Manila with additional income to help support their families and meet rising living costs
Tolentino emphasized in his previous statement that DOLE will continue to pursue all appropriate legal remedies to secure the wage increase that minimum wage earners in Metro Manila deserve.
He also reiterated that its actions are anchored on its mandate to promote workers’ rights and foster a fair and balanced labor market.