Disclaimer: The following discussion is intended for general informational purposes only and does not constitute legal advice. For specific guidance regarding a particular situation, consult a licensed attorney in the Philippines.

Bullying and Constructive Dismissal by an Employer in the Philippines

Workplace bullying and constructive dismissal are serious concerns in Philippine labor law. While the term “bullying” is more commonly discussed in social or academic contexts, it can also arise in the workplace and—if severe—may lead to an employee’s resignation under conditions that could be deemed “constructive dismissal.” Below is an overview of Philippine laws, regulations, and jurisprudence that govern workplace bullying and constructive dismissal.

1. Understanding Workplace Bullying

1.1 Definition of Workplace Bullying

In the Philippines, there is no single, all-encompassing statute that specifically labels “workplace bullying” as a separate offense. However, the term bullying in the workplace generally refers to repeated and unreasonable actions of an individual (or group) directed toward an employee (or group of employees) which are intended to intimidate, degrade, humiliate, or undermine. These actions create a risk to the employee’s physical or mental health and safety.

Common examples of workplace bullying behavior include:

Persistent, unjustified criticism of a person’s work performance or capacity.
Verbal abuse, insults, or belittling remarks.
Spreading malicious rumors or gossip.
Social isolation, deliberately withholding information crucial to job performance.
Excessive monitoring or micromanagement.
Imposing unreasonable deadlines or unmanageable workloads in a discriminatory manner.

Though these actions are not labeled “bullying” in any one labor statute, they may be regulated and penalized under several laws and doctrines, discussed below.

1.2 Overlapping Laws and Legal Framework

Because there is no single statute titled “Anti-Workplace Bullying Law,” multiple laws and regulations collectively address bullying-related conduct:

Labor Code of the Philippines (Presidential Decree No. 442, as amended)
- Establishes the general rights of workers to just and humane conditions of work, as well as their rights to security of tenure and protection against illegal dismissal.
- Although it does not explicitly define “bullying,” the Labor Code’s provisions on fair treatment, non-diminution of benefits, and security of tenure can be invoked if bullying rises to the level of constructive dismissal or violates other labor rights.
Civil Code of the Philippines
- General provisions on human relations (Articles 19 to 21) may hold individuals or employers liable for abuse of rights and acts contrary to morals and public policy.
- If bullying causes moral or other damages, an aggrieved employee may be entitled to damages under civil law.
Safe Spaces Act (Republic Act No. 11313)
- While primarily addressing gender-based harassment in public spaces, it also extends to workplaces where forms of harassment, intimidation, or hostile environment can occur.
- Employers are obliged to prevent and address all forms of gender-based sexual harassment and related forms of harassment. Though “bullying” per se is not the main focus, overlapping forms of abusive conduct may be covered.
DOLE Department Orders and Issuances
- The Department of Labor and Employment (DOLE) periodically releases guidelines that reinforce the Labor Code’s provisions on maintaining a safe and healthy work environment. These guidelines may address workplace violence, harassment, and intimidation.
- Employers are encouraged (and in some cases, required) to maintain internal policies and grievance procedures addressing harassment, intimidation, or other abusive workplace behaviors.

2. Constructive Dismissal in the Philippine Context

2.1 Concept and Definition

Constructive dismissal occurs when an employer’s actions or omissions result in conditions so intolerable, hostile, or unfavorable that an employee is effectively forced to resign. Although there is no outright termination, the situation created by the employer leaves the worker with no reasonable option but to leave.

Under Philippine jurisprudence, constructive dismissal is likened to an outright dismissal because the resignation is not truly voluntary. The Supreme Court, in various rulings, has recognized that a demotion in rank, a diminution in pay or benefits, or the creation of a hostile working environment may constitute constructive dismissal.

2.2 Link to Bullying

Persistent workplace bullying can give rise to constructive dismissal if:

The bullying is pervasive, severe, and creates an environment that no reasonable employee would be expected to endure; and
The employer fails to take corrective action, effectively condoning or perpetuating the behavior.

If the employee resigns under such conditions, they may argue before labor tribunals that they were constructively dismissed, thereby seeking relief as if they had been illegally dismissed.

2.3 Elements of Constructive Dismissal

Although definitions vary slightly across cases, Philippine courts typically look for:

Intolerable Conditions – Circumstances that are so difficult or hostile that continued employment becomes unreasonable or untenable.
Employer Culpability – Evidence that the employer either directly created these conditions or allowed them to persist by failing to address them.
Coercion or Pressure to Resign – A showing that the resignation was not truly voluntary.

2.4 Burden of Proof

Employee’s Burden: Initially, the employee must present substantial evidence showing that they were forced to resign due to the employer’s acts or omissions.
Employer’s Burden: Once the employee establishes a prima facie case, the burden shifts to the employer to show that the resignation was voluntary or the acts complained of do not constitute constructive dismissal.

3. Legal Remedies and Procedures

3.1 Filing a Complaint

An employee who believes they have been bullied or constructively dismissed can file a labor complaint with:

The National Labor Relations Commission (NLRC); or
The Regional Arbitration Branch of the NLRC where the employer or employee resides or where the workplace is located.

3.2 Possible Claims and Awards

Reinstatement – If constructive dismissal is proven, the employee may be entitled to reinstatement without loss of seniority rights and other privileges.
Back Wages – The employer may be required to pay back wages from the time of dismissal up to the time of reinstatement.
Separation Pay – If reinstatement is no longer feasible (e.g., strained relations), the employee may instead be awarded separation pay in lieu of reinstatement.
Damages – The employee may also seek moral and exemplary damages if the employer’s actions were particularly oppressive, abusive, or made in bad faith.

4. Preventive Measures and Best Practices

4.1 For Employers

Adopt a Clear Anti-Bullying Policy
- Incorporate anti-bullying provisions into the company code of conduct or employee handbook.
- Define bullying, list prohibited behaviors, and outline disciplinary measures.
Establish Grievance and Disciplinary Procedures
- Provide employees with clear channels to report bullying or harassment.
- Train supervisors and managers on how to handle complaints discreetly and thoroughly.
Conduct Regular Training
- Offer seminars on workplace civility, conflict resolution, and stress management.
- Emphasize the importance of respectful communication.
Monitor Workplace Climate
- Encourage open dialogue and regular feedback sessions.
- Promptly address early warning signs, such as reports of harassment or hostility.

4.2 For Employees

Document Incidents
- Keep a record of bullying incidents, including dates, locations, witnesses, and specific behaviors.
- Save emails, messages, or any other evidence.
Follow Internal Procedures
- Report the conduct to a supervisor, HR department, or a designated grievance officer.
- Comply with any internal investigation process.
Seek External Advice
- If internal remedies fail, consult with a labor law attorney or a reputable labor organization.
- Pursue legal action if necessary, either through the NLRC or by seeking alternative dispute resolution.

5. Key Takeaways

Workplace Bullying Is Not a Standalone Law: While there is no specific “Anti-Workplace Bullying Law” in the Philippines, various provisions of the Labor Code, Civil Code, and specialized laws (like the Safe Spaces Act) collectively provide legal recourse against abusive behaviors in the workplace.
Constructive Dismissal Arises from Intolerable Conditions: If bullying is severe and the employer fails to remedy the situation, an employee’s compelled resignation can qualify as constructive dismissal.
Substantial Evidence Is Essential: Employees must present clear, substantial evidence showing the existence of hostile or unreasonable conditions attributable to the employer’s actions or inactions.
Employer Liability Can Be Significant: If found liable for constructive dismissal, employers may be required to provide reinstatement, back wages, separation pay, and even damages.
Preventive Policies and Prompt Action Are Key: For employers, a proactive approach—strong anti-bullying policies, effective training, and responsive grievance mechanisms—can help avoid liability. For employees, meticulous documentation and proper reporting channels are crucial.

Conclusion

In the Philippine setting, bullying in the workplace is a serious matter that can, under certain circumstances, constitute or lead to constructive dismissal. Although Philippine law does not classify “workplace bullying” as a specific offense under a single statute, employees have multiple legal avenues for redress through existing labor laws and related statutes. The law protects employees against forced resignations arising from abuse, hostility, or harassment, recognizing that such coercive situations are effectively illegal dismissals.

Both employers and employees must remain vigilant. Employers should foster a respectful, harassment-free environment, while employees must assert their rights and document any misconduct. In doing so, workplace relationships can be managed more effectively, and legal disputes—costly in terms of time, money, and well-being—can be minimized.

Disclaimer: This article is for informational purposes only and does not replace the advice of a licensed lawyer. If you believe you have experienced workplace bullying or constructive dismissal, consult a legal professional to evaluate the details of your situation and explore the best course of action under Philippine law.