Disclaimer: The following information is provided for general educational purposes only and does not constitute legal advice. Laws, regulations, and procedures may change over time. For specific guidance regarding your situation, consult a qualified legal professional or the relevant government agency.

Introduction

Filing a workplace complaint for unprofessional behavior is a way for employees to seek redress when they experience or witness misconduct, harassment, or other unacceptable treatment at work. In the Philippines, these complaints are typically grounded in principles found in the Labor Code of the Philippines, related Philippine laws, Department of Labor and Employment (DOLE) regulations, and company-specific policies.

This article will cover:

Definition and Scope of Unprofessional Behavior
Relevant Laws and Regulations
Company Policies and Internal Remedies
Grounds for Filing a Complaint
Steps to File a Workplace Complaint
Involvement of Government Agencies
Possible Outcomes and Remedies
Protecting Employees from Retaliation
Practical Tips and Best Practices

1. Definition and Scope of Unprofessional Behavior

Unprofessional behavior in the workplace can include:

Verbal or Physical Harassment – Bullying, insults, threats, or physical intimidation.
Discriminatory Acts – Treating an employee differently based on sex, gender, religion, political affiliation, disability, or any other protected characteristic under Philippine law.
Sexual Harassment – Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.
Violations of Company Rules – Persistent disregard for established workplace policies on attendance, workplace conduct, and interactions with colleagues.
Other Acts of Misconduct – Dishonesty, insubordination, or refusal to follow lawful and reasonable orders from superiors.

While unprofessional behavior does not always rise to the level of a criminal offense, it may violate labor laws, internal company rules, and standards of professional conduct.

2. Relevant Laws and Regulations

Labor Code of the Philippines (Presidential Decree No. 442, as amended)
- Governs employer-employee relations, including general labor standards, occupational health and safety, and dispute resolution.
- Sets forth the procedures for handling labor disputes, both at the company level (grievance mechanisms) and through conciliation, mediation, or arbitration.
Civil Service Laws and Rules (for Government Employees)
- If the employer is a government office, the Administrative Code of 1987, Civil Service Commission (CSC) rules, and other issuances of the CSC may apply.
Anti-Sexual Harassment Act of 1995 (Republic Act No. 7877)
- Covers sexual harassment in workplaces (and educational/training institutions).
- Requires the adoption of policies to prevent or deter sexual harassment and procedures for investigation.
Safe Spaces Act (Republic Act No. 11313)
- Expands the coverage of sexual harassment laws to encompass not just workplaces but also public spaces and online platforms.
- Mandates all employers to create a code of conduct and adopt measures to prevent workplace harassment.
Civil Code of the Philippines
- May be relevant for civil liabilities, including damages for moral or other forms of injury resulting from egregious unprofessional or harassing behavior.
Company Policies and Employment Contracts
- Most companies have their own internal code of conduct, employee handbooks, and workplace rules that further define unprofessional behavior and outline internal disciplinary procedures.

3. Company Policies and Internal Remedies

Employers in the Philippines are required to establish company policies that govern employee conduct and disciplinary procedures. These include:

Code of Conduct or Employee Handbook – Detailing standards of behavior, prohibited acts, and complaint-handling processes.
Grievance Procedures – Step-by-step procedures for employees to raise complaints, typically beginning with a written statement or report to a manager or the HR department.
Investigation Processes – Companies often have committees or designated officers who investigate internal complaints, interview witnesses, and gather evidence.
Corrective Actions – Depending on the gravity of the offense and the outcome of the investigation, corrective or disciplinary measures may be imposed.

Most of the time, an employee’s first course of action for unprofessional behavior is to seek remedies through these internal processes. This may also be a requirement before lodging a complaint with government agencies, depending on the situation.

4. Grounds for Filing a Complaint

Common grounds for filing workplace complaints based on unprofessional behavior include:

Harassment or Bullying – Continuous verbal or physical abuse, insults, or threats that create a hostile work environment.
Discrimination – Unfair treatment due to an employee’s race, color, religion, sex, sexual orientation, gender identity, disability, etc.
Sexual Harassment – Unwanted sexual advances, requests, or any act that belittles or humiliates an employee on the basis of their gender.
Retaliation – Punitive actions against an employee for asserting their rights or filing a complaint, such as unfair demotions, negative performance reviews, or unwarranted disciplinary measures.
Violation of Labor Standards – Actions that contravene mandatory labor standards set by law, such as non-payment of wages, illegal deductions, or denial of statutory benefits, if connected to or aggravated by unprofessional conduct.

5. Steps to File a Workplace Complaint

A. Internal Complaint Mechanism (Company-Level)

Document the Incident(s)
- Record all relevant dates, times, locations, individuals involved, and any witness statements.
- Save all forms of evidence, including emails, chat messages, photographs, or voice recordings (if legally obtained).
Review the Company Policy
- Consult the employee handbook or code of conduct to understand the procedures, timelines, and persons authorized to handle complaints.
Draft a Written Complaint
- Prepare a clear, concise, and factual account of the incident(s).
- Specify the behavior that you believe constitutes unprofessional conduct and how it affects you or the workplace.
File the Complaint with the Authorized Person or Department
- Typically, complaints are submitted to the HR department, a grievance committee, or a designated manager.
Participate in the Investigation
- Cooperate fully during interviews and provide additional evidence or witness statements, if needed.
- Follow up as necessary to stay informed about the progress of the investigation.
Await Company Response or Resolution
- Employers should conduct a fair and impartial investigation.
- If unprofessional behavior is substantiated, disciplinary action may be taken against the offender.

B. External or Government Complaint Mechanisms

Department of Labor and Employment (DOLE)
- For violations of labor standards or unfair labor practices, an employee may file a complaint at the DOLE’s regional office.
- The DOLE may call the parties for a conference and attempt to settle the dispute through conciliation.
National Labor Relations Commission (NLRC)
- If the dispute cannot be settled at the DOLE level, it may be elevated to the NLRC for compulsory arbitration.
- Commonly used for cases involving illegal dismissal, unfair labor practices, or monetary claims.
Civil Service Commission (CSC) (if the employer is a government agency)
- Public sector employees may pursue complaints through the CSC’s administrative disciplinary mechanisms.
Filing Criminal or Civil Cases (if applicable)
- If unprofessional behavior also involves criminal acts (e.g., grave threats, acts of lasciviousness, physical injuries), a criminal complaint may be filed with the Public Attorney’s Office or the Office of the City or Provincial Prosecutor.
- For emotional, psychological, or reputational harm, an aggrieved employee might claim damages through civil proceedings.

6. Involvement of Government Agencies

DOLE (Regional Offices)
- Typically the first point of contact for labor-related complaints.
- Provides mediation, conciliation, and referral services.
National Labor Relations Commission (NLRC)
- Exercises original and appellate jurisdiction over labor disputes beyond the initial DOLE settlement stage.
Civil Service Commission (CSC)
- Oversees disciplinary proceedings for government workers; investigates complaints of misconduct or unprofessional behavior in the public sector.
Commission on Human Rights (CHR)
- May be involved in cases where discrimination or human rights abuses are alleged within the workplace, especially concerning protected classes.

7. Possible Outcomes and Remedies

Depending on the facts and the results of the investigation, the following remedies may be available:

Administrative Sanctions – Suspension, demotion, transfer, or termination (dismissal) of the offending employee.
Monetary Awards – Payment of back wages, separation pay, or damages when an employee has been illegally dismissed or otherwise harmed.
Injunctions or Restraining Orders – In severe cases involving harassment or threats, courts may issue orders to prevent continued harm.
Reinstatement – If an employee has been illegally dismissed after filing or attempting to file a complaint.
Policy Revisions – Companies may be ordered to revise and strengthen policies to prevent further incidents of unprofessional behavior.

8. Protecting Employees from Retaliation

Philippine labor laws uphold the principle that employees should be free to exercise their rights without fear of reprisal. Retaliation or victimization for filing a legitimate workplace complaint is itself a violation and can be grounds for additional legal action. Some relevant points:

Employers who retaliate through demotion, suspension, or termination may face liability for constructive dismissal or unfair labor practice.
The Anti-Sexual Harassment Law and the Safe Spaces Act both penalize retaliatory acts against complainants.

Employees are encouraged to document any suspicious or retaliatory behavior and, if necessary, file a separate or supplemental complaint.

9. Practical Tips and Best Practices

Know Your Rights – Familiarize yourself with the company’s rules, the Labor Code, and relevant laws.
Keep Detailed Records – Written evidence and a clear timeline of events will strengthen your complaint.
Act Promptly – Delays can make it harder to prove incidents, especially if witnesses forget details or evidence is lost.
Maintain Professionalism – Continue to perform your job duties and interact professionally, even if you feel aggrieved.
Seek Support – Reach out to trusted colleagues, legal counsel, or unions (if applicable) for guidance.
Follow Internal Procedures First – Most external agencies will ask if you have exhausted available internal remedies.
Consult a Lawyer – If your complaint involves complex issues, severe harassment, or a potential criminal act, a lawyer can help protect your rights.

Conclusion

Filing a workplace complaint for unprofessional behavior in the Philippines involves understanding your rights under the Labor Code, Anti-Sexual Harassment laws, the Safe Spaces Act, and any relevant company policies. Most disputes are resolved through internal processes or mediation under the auspices of the DOLE. However, more serious cases may require compulsory arbitration before the NLRC, action before the Civil Service Commission (for government employees), or even a criminal or civil case in certain instances.

By documenting incidents meticulously, knowing which agencies or company officers handle complaints, and availing yourself of the protections against retaliation, you are in a stronger position to assert your rights and ensure a fair resolution of your complaint. If in doubt, consult an experienced labor lawyer or seek guidance from the DOLE for more specific information about your particular situation.

Disclaimer Reiterated: This guide is for informational purposes only and does not replace professional legal advice. For tailored recommendations regarding your specific circumstances, consult a qualified attorney or the appropriate government agency.