Query: What can be done legally if a superior in the workplace is behaving inappropriately?
Workplace harassment is a serious concern that can undermine an individual's professional and personal well-being. In the Philippines, there are specific laws and remedies available to address inappropriate behavior by superiors or colleagues in the workplace. Understanding your legal rights and the steps you can take is crucial in dealing with such situations effectively.
Internal Complaints Procedure: Most companies have internal mechanisms for addressing grievances, including harassment. The first step should be to report the inappropriate behavior to your human resources department or a designated grievance officer within the company.
Documentation: Keep a detailed record of all incidents, including dates, times, places, and witnesses. This documentation can be crucial in both internal investigations and legal proceedings.
Use of Company Policies: Refer to your company’s employee handbook or code of conduct. These documents often outline the standards of behavior expected in the workplace and the procedures for handling violations.
Seeking Legal Advice: If the internal process does not resolve the issue, or if you feel that your complaint is not being taken seriously, consulting a lawyer who specializes in labor law may be necessary. They can provide guidance on further actions, which might include filing a formal complaint.
Legal Action under Republic Act No. 7877: This Act, known as the Anti-Sexual Harassment Act of 1995, provides the legal framework for dealing with cases of sexual harassment in the workplace. The law covers not only the acts of sexual favor but also other offensive or unwanted behaviors.
Filing a Complaint with the Department of Labor and Employment (DOLE): If the issue constitutes a violation of workplace standards or if there is a lack of action from your employer, you can approach DOLE for assistance. They can conduct an inspection and, if necessary, mediate between you and your employer.
Civil and Criminal Charges: Depending on the severity of the harassment, you may be able to file civil or criminal charges against the perpetrator. Harassment can sometimes form the basis for assault, threats, or other criminal charges.
Emotional and Psychological Support: Dealing with harassment can be emotionally draining. Seeking support from professional counselors or support groups can be beneficial in managing the stress and emotional impact of the situation.
It is important to act quickly and decisively if you find yourself in a situation of harassment. Early action not only helps prevent further incidents but also strengthens your case should it progress to formal complaints or legal action. Remember, you have the right to a safe and respectful work environment.