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Saint Louis University Baguio City School of Humanities Department of Political and Social Sciences In partial fulfillment of the

requirements in LS 16


Submitted to: Atty. Bernard Padang Submitted by: Jameh Jann R. Narvasa LS16 Introduction to Labor Laws and Social Legislations 4:00 p.m. to 5:00 p.m. Tuesday/Thursday/Saturday Room 507 of Perfecto Building February 23, 2012

The Regional Tripartite Wages and Productivity Board is tasked, under the current labor law, to prescribe the minimum wage of workers. The prescription of minimum wage shall be in accordance with the guidelines set forth by the National Wages and Productivity Commission. The RTWPB shall continue to function in prescribing the minimum wages of workers because of the following reasons:

Firstly, the said Board operates in local areas wherein they can accurately monitor, investigate, and prescribe minimum wages that is best suited in ones life. It is just appropriate to conduct a research before issuing a wage order to ensure the accurateness. This is very convenient since it is a well-known fact that the cost of living, for example, varies from one area to another. If a laborers wage or salary in an urban area is equivalent to the wage or salary in a rural area, then a great miscarriage of justice has been committed because it is not always the case that both areas require the same cost of living, working conditions, and other factors related to this. In addition, it is the policy of the State to promote productivity-improvement and gain-sharing measures to ensure a decent standard of living for the workers and their families and to guarantee the rights of labor to its just share and fruits of production.

Secondly, the Board is designed to mainly focus on wages of the laborers. Hence, they are expertise to this particular field. They are composed of the Regional Directors of the Department of Labor and Employment (DOLE), National Economic and

Development Authority and the Department of Trade and Industry, and two (2) members coming from the workers and employers sectors. Being an expert in prescribing minimum wage will enable the department to arrive in a more accurate and reliable outcome. This effect has benefit over laborers since they desire a wage that is more acceptable to their respective living.

Thirdly, focusing in a certain area will result to expediency. This is true because of the department having specialization over wages in which limited subject matter are being entertained. Unlike in legislature, they have broader scope and require certain procedures that may be approved or vetoed by the congress even before submitting it to the President. They may or may not prioritize such proposals for minimum wages because of other different bills lodged before their office. Expediency is very important because of the exigency to increase or decrease the wage when there is sudden change in our economic conditions and when that change has a significant effect to the laborers. A concrete example related to this would be in Region VI or the Western Visayas Region wherein they declared the increase in salary as supervening event due to the continuous price hike of petroluem.

Fourth, they recognize distinctiveness of non-agricultural sectors from agricultural sectors and rural areas from urban areas. Agricultural areas usually has a lower cost of living allowance compared to non-agricultural areas. Breaking down categories for these people will result to fairness among workers simply because generally, it easier

to work and live in an agricultural areas than non-agricultural areas. The same is also true with the urban areas and rural areas wherein the latter presupposes an easier life.

Fifth, it does not require the approval of the President. What the law rquires for the wage to be effective is to secure consent from National Wages and Productivity Commission (NWPC) which is better than consulting it to the President because NWPC is the one who set forth the guidelines to determine the minimum wage hence, they know better than the president.

Sixth, the RTWPB and laborers are closely attached with each other. This is true because of the due process given to the laborers. They are afforded with hearings/consultations, notices are given to employees and employers groups, provincial, city and municipal officials and other interested parties. In case where there is an aggrieved party, It is mandatory for the commission to decide on the matter within sixty (60) days. Hence, laborers are active members in the function of RTWPB because they are the ones who are greatly affected by such prescription.

Seventh, the Board does not represent any entity or areas like the Congress. If for example a bill was passed prescribing the increase of minimum wage, the congress will most likely approve it without looking through its content since it is favorable to their respective areas. In the RTWP, they exercise impartiality and prescribe minimum wage

according to what is best suited in a particular area. The Board is giving them what is right and due to the laborers based on their working conditions and related therein. other factors

I therefore conclude that the prescription of the minimum wage of workers is best determined by the Regional Tripartite Wages and Productivity Board. Operating in local areas, expertise, expediency, breaking down to categories, and the other

abovementioned are just several reasons why they should continue to function. The congress cannot do it all sufficiently and so there is a need for a commission to protect the laborers and make their lives better.

References: Azucena, C.A. Jr. (2007) Everyones Labor Code (pp. 106 to pp. 112) 84 P. Florentino St., Sta. Mesa Hts. Queszon City: REX Printing Company, Inc.

Saint Louis University Baguio City School of Humanities Department of Political and Social Sciences In partial fulfillment of the requirements in 15


Submitted to: Atty. Bernard Padang Submitted by: Jameh Jann R. Narvasa LS15 Elections, Public Accountability, and Administrative Laws 3:00 p.m. to 4:00 p.m. Tuesday/Thursday/Saturday Room 507 of Perfecto Building February 28, 2012