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Question 4

IV.

(Question IV, Labor Law, 2017 Bar Exam)

The Regional Tripartite Wages and Productivity Board (RTWPB) for Region 3 issued a wage order on November 2, 2017 fixing the minimum wages for all industries throughout Region 3.

(a) Is the wage order subject to the approval of the National Wages and Productivity Commission before it takes effect? (2%)

(b) The law mandates that no petition for wage increase shall be entertained within a period of 12 months from the effectivity of the wage order. Under what circumstances may the Kilusang Walang Takot, a federation of labor organizations that publicly and openly assails the wage order as blatantly unjust, initiate the review of the wage increases under the wage order without waiting for the end of the 12-month period? Explain your answer. (3%)

Suggested Answer:

(a) No. Under the Labor Code, the Regional Tripartite Wages and Productivity Board (RTWPB) has the authority and power to issue wage orders and such are not subject to approval of the National Wages and Productivity Commission (NWPC). Once the wage order is published, it takes effect after 15 days without any other condition.

(b) The 12-month period is subject to the exception of when there is a supervening condition, such as an extraordinary increase in prices of petroleum products and basic goods and services. In such a circumstance, the federation may file a petition for review.

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(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

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