Disclaimer: The following information is provided for general educational purposes and does not constitute legal advice. For specific concerns or questions about filing a complaint against unprofessional HR conduct, consider consulting an attorney or a qualified legal professional in the Philippines.

1. Introduction

Unprofessional conduct by Human Resources (HR) personnel can include a range of actions, from failing to maintain confidentiality about employee records, to discriminatory hiring practices, to harassment or misuse of authority within the company. In the Philippines, labor laws, company policies, and ethical standards guide the conduct of HR professionals. Understanding these laws and the proper procedures to address grievances is essential for any employee seeking to file a complaint.

This article covers:

Relevant laws and regulations
Internal company procedures for filing a complaint
External legal and administrative remedies
Key government agencies involved
Remedies and potential outcomes
Practical tips for employees preparing a complaint

2. Relevant Laws and Regulations

2.1 The Labor Code of the Philippines (Presidential Decree No. 442)

Primary legislation governing employment relationships.
The Labor Code contains provisions on conditions of employment, labor relations, and dispute resolution mechanisms.
Application to HR conduct.
While it does not specifically outline “HR malpractice,” it establishes minimum standards for fair labor practices, non-discrimination, and employee rights.

2.2 Civil Code of the Philippines

Articles 19, 20, and 21 (Abuse of Rights Doctrine).
These articles address situations where a person who exercises a right in a manner that is contrary to morals, good customs, or public policy (resulting in damage to another) could be held liable for abuse of rights.
If HR personnel’s conduct goes beyond mere workplace disagreements and constitutes an infringement of your rights or causes you injury, you can potentially invoke these provisions.

2.3 Anti-Sexual Harassment Act (Republic Act No. 7877)

Covers harassment in work, education, or training environments.
Under this law, a person in authority or with influence (including HR personnel) who demands, requests, or otherwise requires sexual favors can be held liable.
Liability of employer or head of office.
Employers can also be held liable if they fail to act on a complaint of sexual harassment.

2.4 Safe Spaces Act (Republic Act No. 11313)

Expands protection against harassment and gender-based violence in the workplace.
Addresses not only physical harassment but also psychological, emotional, and online harassment.
Role of HR.
Employers (and by extension HR) have a duty to provide measures that protect employees from gender-based harassment in the workplace.

2.5 Data Privacy Act (Republic Act No. 10173)

Governs the protection of personal data
HR is entrusted with employees’ sensitive personal information (e.g., medical records, government IDs, salary details). Any unprofessional conduct involving the mishandling, unauthorized disclosure, or misuse of employees’ personal data can be a violation.

2.6 Company Policies and Codes of Conduct

Internal policies often detail standards for professional behavior.
These may include confidentiality policies, anti-discrimination policies, and other workplace standards that HR must uphold.
Mandatory compliance.
Violation of these internal rules can be grounds for administrative sanctions against HR staff.

3. Internal Company Procedures

Most companies have an internal grievance or complaint-handling procedure. This is typically the first step you should take before resorting to external legal remedies.

Check the Employee Handbook or HR Manual.
Look for information on how to file a complaint. There may be a section outlining the steps to raise an issue against another employee, including HR staff.
Gather evidence.
- Keep records of dates, times, places, and the substance of unprofessional conduct.
- Collect written documents, emails, messages, or any form of correspondence that might support your claim.
- If there are witnesses, record their names and statements.
Submit a Formal Grievance Letter.
- Address it to the designated grievance officer, an ethics committee, or a superior who is not involved in the allegation (e.g., the CEO, President, or HR Manager’s direct superior).
- Clearly state the facts, the alleged misconduct, and any documents or witnesses supporting your complaint.
Attend Internal Investigations or Hearings.
- The company may hold an investigation or hearing to allow both parties (you and the HR personnel in question) to present evidence.
- Cooperate fully and present your evidence clearly.
Monitor the Outcome.
- The company is required to inform you of the results of the investigation.
- If you are unsatisfied with the resolution, or if there is no response at all, you may consider external remedies.

4. External Legal and Administrative Remedies

If the internal procedure fails or if you believe your rights are not adequately protected within the company, you may file a complaint with the appropriate external bodies:

4.1 Department of Labor and Employment (DOLE)

Single Entry Approach (SEnA).
- DOLE offers a mandatory 30-day conciliation–mediation service to help both parties reach an amicable settlement.
- If no settlement is reached, the matter can be referred to the National Labor Relations Commission (NLRC) or another proper forum.
National Labor Relations Commission (NLRC).
- Handles labor dispute cases, including illegal dismissal, money claims, and other labor standard violations.
- Applicability to unprofessional HR conduct: Generally, the NLRC might become involved if the unprofessional HR conduct relates to or results in labor violations—such as constructive dismissal, harassment that leads to resignation, or non-payment of lawful benefits.

4.2 Civil Service Commission (CSC)

Applicable to government offices
If you are a government employee and the HR personnel is a civil servant, complaints can be filed with the CSC for conduct unbecoming of a public officer or other administrative offenses under Civil Service laws.

4.3 Commission on Human Rights (CHR)

For discriminatory or human rights violation claims
If the unprofessional HR conduct involves discrimination based on gender, religion, ethnicity, or other protected characteristics, you may lodge a complaint with the CHR.

4.4 Office of the Ombudsman

For government offices and government-owned or controlled corporations
If the HR personnel is in government service and the misconduct may involve graft or corruption or other violations of public trust, the Ombudsman is the proper venue.

4.5 Courts (Civil or Criminal)

Civil Action
Under the Civil Code (Articles 19, 20, 21), you may file a civil case for damages if you suffered injury or distress due to the HR professional’s abuse of rights or tortious conduct.
Criminal Action
- If the misconduct constitutes a crime (e.g., sexual harassment under RA 7877, or a violation of the Safe Spaces Act), you can file a criminal complaint with the Office of the Prosecutor.

5. Remedies and Potential Outcomes

Administrative Sanctions
- HR personnel could face suspension, demotion, or termination, depending on the severity of the misconduct, as per company policy.
- In government offices, they may be subject to administrative cases resulting in penalties from reprimand to dismissal from service.
Reinstatement or Separation Pay
- If you were forced to resign or terminated due to the unprofessional conduct, the NLRC (or a court) may order reinstatement or payment of separation pay.
Monetary Damages
- In civil cases, courts may award moral, nominal, or actual damages depending on the harm suffered.
- For labor cases involving withheld wages or benefits, the NLRC may order the payment of due benefits plus attorney’s fees and potential damages.
Criminal Penalties
- In sexual harassment or other criminal offenses, fines and imprisonment may be imposed upon conviction.

6. Practical Tips Before and During Filing a Complaint

Document Everything
- Maintain detailed notes, screenshots of messages or emails, and gather witness statements whenever possible.
Review Company Policies
- Familiarize yourself with the company’s manual or code of conduct to see if the HR person’s behavior clearly violates a written rule.
Check Prescriptive Periods
- Certain actions, like illegal dismissal cases or sexual harassment suits, must be filed within a specific time frame.
- For labor disputes, you generally have four (4) years to file money claims, but illegal dismissal claims need to be filed within four (4) years from the date of termination. Sexual harassment claims have prescriptive periods as well (generally three (3) years from the commission of the offense, but confirm with the proper authority).
Seek Professional Advice
- Especially if the situation is complex or if the misconduct may constitute a criminal offense, consult a lawyer.
- Free legal assistance may be available through the Public Attorney’s Office (PAO), Integrated Bar of the Philippines (IBP), or non-governmental organizations.
Maintain Professionalism
- Even if you feel aggrieved, maintain civility when communicating with superiors or investigators.
- Emotional or inflammatory language may undermine your credibility.
Protect Your Mental Health
- Workplace issues can be stressful. If possible, seek counseling or support from family and friends.
- Internal employee assistance programs (if available) may help manage stress and anxiety.

7. Conclusion

Filing a complaint against unprofessional HR conduct in the Philippines is a multi-step process that may involve both internal and external channels. The key is to know your rights, gather evidence, and follow proper procedures—from internal grievance mechanisms to possible legal action before the DOLE, NLRC, CSC, or courts. While this guide outlines the general steps, it is always advisable to consult a legal professional to explore the best course of action for your specific situation.

References and Resources:

Again, for tailored legal advice or representation, consult a licensed attorney or seek assistance from your local legal aid office.