Query: What are the legal protections against workplace bullying in the Philippines?
Workplace bullying is a significant issue that affects both the mental health and productivity of employees. In the Philippines, there are clear legal frameworks designed to protect workers from this kind of harassment. The Anti-Bullying Act of 2013 primarily covers bullying in educational institutions but sets a precedent for how bullying should be handled generally, including in the workplace.
The Department of Labor and Employment (DOLE) has issued guidelines that interpret workplace bullying under broader laws like the Labor Code and Occupational Safety and Health Standards. These guidelines are geared towards ensuring a safe and healthy work environment free from all forms of harassment.
Legal Protections Against Workplace Bullying:
Republic Act No. 6713: This Act, known as the "Code of Conduct and Ethical Standards for Public Officials and Employees," demands that all government workers treat everyone with respect and refrain from actions that are detrimental to the dignity of individuals, which includes any form of bullying.
Labor Code of the Philippines: Under the general labor standards, employers are required to ensure a harassment-free workplace. The Labor Code allows victims of workplace bullying to claim constructive dismissal if the bullying makes their working environment intolerable.
Department Order No. 183-17 by DOLE: This Order provides guidelines for implementing rules and regulations of the Occupational Safety and Health Standards, emphasizing the importance of maintaining a work environment that is free from harassment, including bullying.
Steps to Take When Facing Workplace Bullying:
- Documentation: Victims should document all incidents of bullying, including dates, times, what was said or done, and witnesses if any.
- Reporting: Report the bullying to HR or a relevant supervisor. Companies are legally required to have internal procedures for addressing such complaints.
- External Complaints: If internal mechanisms fail or are not available, complaints can be filed with the DOLE, specifically through the Bureau of Working Conditions (BWC).
Legal Remedies Available:
- Administrative Remedies: These involve filing complaints with the DOLE, where investigations can be conducted and sanctions against the employer can be imposed if they fail to address the bullying.
- Civil Remedies: Victims can file for damages under civil law if the bullying has caused personal suffering or mental anguish.
- Criminal Charges: Depending on the severity of the bullying, criminal charges may be filed under laws related to physical assault or harassment.
Conclusion: Employees in the Philippines are entitled to a work environment free from bullying and harassment. The legal frameworks provide mechanisms to address and rectify such situations, ensuring that dignity and respect are upheld in the workplace. Workers facing such challenges are encouraged to take formal steps to address their grievances, leveraging both internal and external avenues to seek resolution and enforce their rights under Philippine law.