Dear PAO,
I work as a security guard, but my agency does not pay me the correct minimum wage. I want to file a case against my employer, and I would like to know what I am entitled to get from my agency if I win.
Vincent
Dear Vincent,
The answer to your question is stated in Republic Act (RA) 8188, which amends RA 6727 or the “Wage Rationalization Act.” Section 1 thereof states:
“SECTION 1. Section 12 of Republic Act Numbered Sixty-seven hundred twenty-seven is hereby amended to read to as follows:
“Section 12. Any person, corporation, trust, firm, partnership, association or entity which refuses or fails to pay any of the prescribed increases or adjustments in the wage rates made in accordance with this Act shall be punished by a fine not less than Twenty five thousand pesos (P25,000) nor more than One hundred thousand pesos (P100,000) or imprisonment of not less than two (2) years nor more than four (4) years, or both such fine and imprisonment at the discretion of the court: Provided, That any person convicted under this Act shall not be entitled to the benefits provided for under the Probation Law.
“The employer concerned shall be ordered to pay an amount equivalent to double the unpaid benefits owing to the employees: Provided, That payment of indemnity shall not absolve the employer from the criminal liability imposable under this Act.
“If the violation is committed by a corporation, trust or firm, partnership, association or any other entity, the penalty of imprisonment shall be imposed upon the entity’s responsible officers, including, but not limited to, the president, vice-president, chief executive officer, general manager, managing director or partner.” (Emphasis supplied)
As provided by the aforementioned law, an individual or employer who cannot pay his employees correctly, according to the designated adjustment to the wage rates, may suffer the penalty of a fine amounting to not less than P25,000 nor more than P100,000 or imprisonment, for not less than two years nor more than four years, or both a fine and imprisonment according to the discretion of the court. At the same time, the employer concerned shall be ordered to pay an amount equivalent to double the unpaid benefits owing to the employees.
In your given situation, the failure of your agency to pay the prescribed minimum wage rate may result in their liability for the payment of a fine, imprisonment, or both. In addition, thereto, your agency may be ordered to pay an amount equivalent to double the unpaid benefits owed to you.
“The age-old rule governing the relation between labor and capital or management and employee is that of a ‘fair day’s wage for a fair day’s labor.” (J. P. Heilbronn Co. vs. National Labor Union, GR L-5121, Jan. 30, 1953, Associate Justice Marcelino Montemayor) This principle extends to the benefits due to an employee on account of the services he rendered to his employer.
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]
