SECTION 2. EFFECTS ON WAGE STRUCTURE. where the application of the wage increased prescribed under this Order results in distortion in the wage structure within the establishments, it shall be left to the parties concerned to address the issue in accordance to the procedure under Article 124of the labor code, as amended.
this is from DOLE slide it says:
Article 124 says that the employer ans the union SHALL negotiate to correct the distortions. if there is no union "The employer and the workers SHALL endeavor to correct such distortions" The SHALL in the wording of the law stresses an obligation. The Supreme Court says the term "SHALL" is a word of command that must be given compulsory meaning.
the company is willing to address such distortion but there is a word "DISPARITY" sabi daw yung above minimum wage daw na na may maliit na disparity ang mabibigyan ng distorion.
Legal po ba ito?
Badly needed some answers
thank you