Metro Manila, Philippines – Workers who have received the first ₱60 tranche of Metro Manila’s P85 daily minimum wage increase will not be required to return the amount, Labor Secretary Francis Tolentino said Friday, July 31, despite a stay order temporarily suspending the wage hike.
Tolentino said the first tranche, which took effect on July 25, had already created vested rights for workers who received the increase before the temporary restraining order (TRO) was issued.
“Meron nang vested rights yung manggagawa. Hindi na dapat isaulian. Lalo na ngayon, payday ngayon,” Tolentino told reporters.
[Translation: Workers have already acquired vested rights. They should no longer be required to return the money, especially since today is payday.]
He said employers should not recover the amount by deducting it from succeeding salaries.
“Walang gano’n,” Tolentino said when asked if employers could take back the amount through payroll deductions.
[Translation: There is no such thing.]
The Pasig City Regional Trial Court Branch 152 on Thursday issued a TRO suspending the implementation of the first tranche of the ₱85 daily wage increase in Metro Manila until Aug. 13 after two construction firms questioned the legality of NCR Wage Order 27.
The companies argued that the Regional Tripartite Wages and Productivity Board failed to adequately consider employer capacity to pay as required under Article 124 of the Labor Code. They also cited rising fuel prices linked to the Middle East conflict, higher operating costs and weakening business conditions.
The wage order provides for an ₱85 daily increase in two tranches – ₱60 on July 25 and ₱25 on Jan. 20, 2027.
Tolentino said the Department of Labor and Employment respects the order and will leave the legal issues to the judiciary.
“Ginawa natin ang para sa kapakanan ng mga manggagawang Pilipino. Tatalima tayo sa pinag-uutos ng hukuman,” he said.
[Translation: We did what was for the welfare of Filipino workers. We will comply with the court order.]
He said the National Wages and Productivity Commission is represented in the case by the Office of the Solicitor General.
The hearing on the companies’ application for a writ of preliminary injunction is scheduled for Aug. 3.
