Harassment and Constructive Dismissal Threats by an Employer

Harassment and Constructive Dismissal Threats by an Employer: A Comprehensive Overview under Philippine Law

In the Philippines, the rights of workers are protected under the 1987 Constitution and various labor statutes, notably the Labor Code of the Philippines. Among the most serious violations of those rights involve harassment at the workplace and constructive dismissal. This article explains both concepts, how they manifest, the legal framework that governs them, and the remedies available to the aggrieved employee. While this discussion provides general information, it should not be taken as a substitute for formal legal advice.

1. Understanding Harassment in the Workplace

1.1 Definition and Scope of Workplace Harassment

“Workplace harassment” refers to offensive, belittling, or threatening behavior directed at an employee. It can include:

  • Verbal abuse (e.g., name-calling, insults, offensive jokes),
  • Psychological or emotional abuse (e.g., bullying, intimidation, unwarranted criticisms),
  • Physical harassment (e.g., pushing, shoving, or any form of aggressive physical contact),
  • Sexual harassment (governed by the Anti-Sexual Harassment Act of 1995, Republic Act No. 7877),
  • Other forms of discrimination or humiliation (e.g., prejudice based on age, gender, religion, disability, etc.).

Harassment need not be a single severe act; it can be a pattern of persistent behavior that fosters a hostile or intimidating work environment.

1.2 Governing Laws and Regulations

  1. 1987 Philippine Constitution

    • The State is mandated to protect labor, promote full employment, and ensure just and humane working conditions (Article XIII, Section 3).

  2. Labor Code of the Philippines

    • While the Labor Code does not expressly define workplace “harassment,” it provides general provisions on the rights of employees to security of tenure and humane treatment.

  3. Anti-Sexual Harassment Act of 1995 (R.A. 7877)

    • Specifically addresses sexual harassment in employment, education, and training environments, imposing both civil and administrative liabilities on perpetrators.

  4. Safe Spaces Act (R.A. 11313)

    • Covers all forms of gender-based sexual harassment in public spaces, online, and in workplaces. This law further strengthens prohibitions against harassment.

  5. Civil Code of the Philippines

    • Under Articles 19, 20, and 21, individuals are obligated not to willfully harm others. An employee subjected to harassment may also claim for damages under these provisions.

1.3 Employer’s Responsibility to Prevent Harassment

Employers are generally required to:

  • Maintain a safe and respectful working environment,
  • Adopt policies against harassment (including sexual harassment) and outline procedures for reporting and investigating claims,
  • Impose disciplinary measures against harassers, if warranted.

Failure to address harassment claims adequately—especially if it creates conditions intolerable for the employee—may lead to claims of constructive dismissal.

2. Constructive Dismissal Under Philippine Labor Law

2.1 Defining Constructive Dismissal

Constructive dismissal, also known as “dismissal in disguise,” occurs when an employee resigns or is forced to leave work due to the employer’s conduct. Instead of directly terminating someone, an employer might create conditions so intolerable that the employee has no other choice but to resign.

Under Philippine jurisprudence (as articulated in various Supreme Court decisions), constructive dismissal happens when:

  1. There is demotion in rank or diminution in pay, benefits, or other privileges without a valid reason.
  2. Working conditions become hostile, abusive, or discriminatory, effectively coercing the employee to tender their resignation.
  3. There is a repeated act of harassment, humiliation, or other forms of maltreatment, making the work environment unbearable.

2.2 Legal Basis

  • Labor Code of the Philippines
    Although the term “constructive dismissal” is not explicitly defined in the Labor Code, the concept falls under the guarantee of security of tenure. Any unjust or illegal form of dismissal—whether outright or indirect—violates Articles 293 to 298 (formerly Articles 279 to 284) of the Labor Code, which protect employees from illegal termination.

  • Supreme Court Rulings
    Numerous Supreme Court decisions have recognized and defined constructive dismissal. The Court has consistently held that if the employee’s resignation is not truly voluntary—because continuing employment had become impossible, unreasonable, or unlikely—then such resignation is deemed a dismissal and must comply with the standards for a valid termination.

2.3 Common Forms of Constructive Dismissal

  1. Demotion or Loss of Benefits Without Just Cause

    • Sudden removal of responsibilities, stripping of a title, or arbitrary salary reduction can constitute constructive dismissal.

  2. Forced or Coerced Resignation

    • When the employer makes it clear—through threats, harassment, or unwarranted criticism—that the employee should resign to avoid “worse consequences,” the resignation is not truly voluntary.

  3. Hostile Work Environment

    • Creating an intolerable workplace through harassment, discrimination, or repeated humiliation. If the employee feels they have no option but to resign, it amounts to constructive dismissal.

  4. Refusal to Provide Work Without Valid Reason

    • Leaving an employee idle, withholding tasks, or isolating them without justification, effectively denying them the capacity to earn wages.

3. Harassment as a Pathway to Constructive Dismissal

While harassment alone is a serious offense in the workplace, it can also be a tactic used by employers (or managers acting on behalf of the employer) to force an employee to resign. When harassment is repeated or severe enough to drive the employee away, the law treats the situation as constructive dismissal.

3.1 Indicators That Harassment Leads to Constructive Dismissal

  1. Sustained or Escalated Harassment

    • If an employer or supervisor repeatedly uses threats, intimidation, or verbal abuse to coerce resignation.

  2. Explicit or Implicit Threats to Career or Well-Being

    • Employer statements that suggest an employee should resign “or else” may be strong evidence of constructive dismissal.

  3. Lack of Response to Complaints

    • Where an employee formally complains about harassment but the employer ignores or trivializes the complaint, making it unbearable to stay.

4. Legal Remedies and Courses of Action

4.1 Filing a Complaint for Illegal Dismissal

An employee who resigns due to harassment or intolerable conditions can file a complaint for illegal dismissal based on constructive dismissal. This is typically done with the Labor Arbiters of the National Labor Relations Commission (NLRC). The complaint must show:

  • That the resignation was not truly voluntary,
  • That the employer’s acts amounted to forced or coerced dismissal in disguise,
  • The specific incidents or conditions supporting the claim (e.g., documented harassment incidents, demotion letters, pay slips showing salary reduction, etc.).

Potential Awards if constructive dismissal is proven:

  • Reinstatement to former position without loss of seniority rights (if feasible), or separation pay in lieu of reinstatement,
  • Full back wages (from the time of dismissal up to finality of the decision),
  • Possible moral and exemplary damages, depending on the gravity and circumstances.

4.2 Other Civil or Criminal Actions

Depending on the nature of the harassment:

  • Civil Case for Damages under the Civil Code (Articles 19, 20, and 21)
    If the harassment caused moral shock, mental anguish, or serious anxiety, the employee may file for damages.
  • Criminal Actions
    • Grave threats or acts of lasciviousness could lead to criminal prosecution, if supported by the evidence.

4.3 Filing a Complaint with DOLE or Other Government Agencies

  • Department of Labor and Employment (DOLE)
    While the NLRC primarily handles adjudication of illegal dismissal cases, DOLE can handle labor standards complaints (e.g., nonpayment of wages, poor working conditions) and may conduct labor inspections.
  • Commission on Human Rights (CHR)
    In cases involving discrimination or serious violations of human rights, the CHR may also be involved.

5. Preventive Measures and Best Practices

5.1 For Employers

  1. Adopt Clear Anti-Harassment Policies
    • Written policies outlining what constitutes harassment, the reporting process, and the penalties for violations.
  2. Regular Training
    • Educate managers, supervisors, and staff on respectful communication, conflict resolution, and legal obligations.
  3. Prompt and Impartial Investigations
    • Investigate all harassment complaints swiftly. Failure to investigate adequately can expose the employer to liability.
  4. Create an Open-Door Reporting Mechanism
    • Employees should feel comfortable reporting issues without fear of retaliation.

5.2 For Employees

  1. Document Everything
    • Keep records of all harassing behaviors, including dates, times, witnesses, and any written communications (texts, emails).
  2. Report the Harassment
    • Utilize the internal grievance mechanisms or file a complaint with the HR department. If the employer does not act, that inaction may later support a constructive dismissal claim.
  3. Seek Legal Counsel Early
    • If the harassment persists or escalates, consult with a labor lawyer to understand your rights and the best course of action.
  4. Consider Administrative Remedies
    • If the harassment is sexual or discriminatory, you may also have remedies under other laws (e.g., R.A. 7877 on sexual harassment, R.A. 11313 on safe spaces).

6. Practical Tips for Employees Facing Harassment or Constructive Dismissal Threats

  1. Gather Evidence
    • Contemporaneous notes, voice recordings (where permissible), screenshots, or emails may bolster your case.
  2. Act Promptly
    • Long delays in filing a complaint can raise doubts about the genuineness of the claim.
  3. Avoid Burning Bridges Prematurely
    • If you feel forced to resign, consult a lawyer first. Resignation letters often matter in constructive dismissal cases (e.g., whether they indicate real voluntariness or were filed under duress).
  4. Maintain Professional Conduct
    • Despite the challenging situation, ensuring your own conduct remains beyond reproach can help your credibility.

7. Conclusion

Harassment and constructive dismissal threats significantly undermine an employee’s dignity, security of tenure, and overall well-being. Philippine labor laws and jurisprudence recognize and provide remedies for such violations. Constructive dismissal is treated as an illegal dismissal if it is found that the employee was effectively terminated by the employer’s intolerable or hostile conduct. Employers must foster a respectful and harassment-free environment, while employees should remain vigilant, document any wrongdoing, and swiftly pursue legal channels if the situation cannot be resolved internally.

Ultimately, every employee has the right to just and humane working conditions, as enshrined in the Philippine Constitution. If these rights are compromised—whether through direct acts of harassment or indirect methods designed to force resignation—the law provides recourse to vindicate the employee’s rights, secure compensation, and, in many cases, ensure reinstatement or separation pay. For specific concerns or in-depth legal strategy, consulting a qualified labor lawyer or seeking help from the proper government agencies (NLRC, DOLE, etc.) is strongly recommended.

Disclaimer: This article is for general informational purposes and does not constitute legal advice. For advice tailored to your specific situation, please consult a licensed attorney experienced in Philippine labor law.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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