Query: Is it considered workplace bullying if a boss favors other employees over one specifically by excluding them from benefits openly?
Workplace bullying in the Philippines is an issue that can deeply affect the morale, productivity, and mental health of employees. It involves repeated, health-harming mistreatment of an employee by one or more employees, including verbal abuse, offensive non-verbal behaviors, and work interference.
Legal Framework Addressing Workplace Bullying:
Anti-Bullying Act of 2013 (RA 10627): Although initially focused on schools, the principles of this law create a social and legal framework that discourages bullying behaviors in all forms, including workplaces.
Labor Code of the Philippines: The code provides protection against unfair labor practices, and while it does not explicitly mention "bullying," the practices described under workplace harassment and discrimination can apply.
Company Policies: Most companies have their internal regulations that define and penalize workplace bullying. Employees are encouraged to consult their HR department or employee handbook for specifics.
Identifying Bullying in the Workplace:
- Exclusion from benefits or opportunities as a form of indirect bullying can be as damaging as direct verbal or physical abuse.
- Subtle insults or indirect criticism, especially in the presence of peers, can also be considered a form of bullying.
- Repeated actions that single out an individual negatively can qualify as bullying under most HR policies.
Legal Steps and Remedies:
- Report the Behavior: Victims should report bullying incidents to their immediate supervisor or human resources department, depending on the company’s protocol.
- Documentation: Keep detailed records of all incidents, including dates, times, witnesses, and the nature of the bullying. This documentation can be critical in any formal complaint or legal action.
- Utilize Company Mechanisms: Follow through with the company's established mechanisms for dispute resolution, which may include mediation or formal investigation.
- Seek Legal Counsel: If internal mechanisms fail, or if the company does not have clear policies on bullying, it might be useful to seek legal advice from a labor attorney.
- Department of Labor and Employment (DOLE): In severe cases, or if the company fails to address the issue, filing a complaint with DOLE can be an option.
Preventative Measures for Employers:
- Clear Anti-Bullying Policies: Establish and enforce clear policies against workplace bullying. Ensure that these policies are communicated effectively to all employees.
- Training Programs: Conduct regular training sessions to educate employees and management about bullying and its consequences.
- Create Support Systems: Establish support mechanisms, such as counseling and mediation, to help employees cope with workplace stress and conflicts.
Conclusion:
Bullying in the workplace requires immediate attention. Employers must ensure a safe and healthy working environment for all employees by actively discouraging any form of maltreatment and handling reports of bullying with seriousness and discretion. For employees, understanding their rights and the appropriate channels for redress can significantly empower them to address and rectify such situations.