MMDA Backs DOLE on Fixed Wages for Public Utility Bus Drivers

Metropolitan Manila Development Authority Chairman Francis Tolentino today expressed support for the Department of Labor and Employment and hope for its steadfast implementation of Department Order No. 118-12 directing fixed wages for public utility bus drivers and conductors, especially in the wake of opposition from provincial bus operators.

"DOLE is on the right track in providing bus drivers and conductors with fixed wages. This is a long overdue measure that will eventually lessen the number of bus related accidents not only in Metro Manila, but in the rest of the country as well. By looking after our drivers and conductors, we are looking after the commuting public," Tolentino said.

The Provincial Bus Operators Association of the Philippines, Southern Luzon Bus Operators Association, Inc., Inter City Bus Operators Association and the City of San Jose Del Monte Bus Operators Association on Wednesday jointly filed before the Supreme Court their opposition to the DO No. 118-12, on the ground that it shall cause a breach of the employer-employee contract.

Tolentino averred that the existence of employer-employee relationship is determined by law and cannot be negated by any contract. The 1987 Constitution provides that the State shall afford full protection to labor and guarantees the right of workers to humane conditions of work and a living wage. The Labor Code laid down the guidelines in determining the existence of employer-employee relationship.

He added further that the Supreme Court, in several cases, one of which is Doce vs. Workmen's Compensation Commission, 104 Phils 946, upheld the status of bus drivers as regular employees. They are, therefore, entitled to minimum wage and other benefits.

"Due to the recent high incidence of road accidents brought about by bad weather, it is high time to implement the said order that will do away with the "boundary system". Ultimately, we expect lesser bus-related accidents as bus drivers earning fixed salaries will now focus more on safety," Tolentino said.

MMDA records show bus-related incidents in Metro Manila numbered to 5,103 in 2009, 6,749 in 2010, and 6,176 in 2011.

MMDA is also considering formally intervening in the case by filing a petition for intervention. - MMDA — ARA