How to Address Workplace Bullying Legally in the Philippines

Workplace bullying—repeated and unreasonable actions of individuals (or a group) directed towards an employee (or a group of employees)—creates a risk to health and safety. Although the Philippines does not yet have a single, comprehensive law dedicated solely to “workplace bullying,” there are various legal frameworks, regulations, and policies that can be used to address, prevent, and penalize such conduct. Below is an overview of what every employer, HR professional, and employee should know about workplace bullying in the Philippine context, as well as possible remedies under current laws.

1. Definition and Forms of Workplace Bullying

Workplace bullying typically involves persistent and offensive behavior that may include:

Verbal abuse (e.g., insults, slurs, or harassment);
Physical intimidation or threats;
Social exclusion or isolation;
Excessive monitoring or micro-management;
Unjustified criticism of an employee’s performance;
Deliberate sabotage of an employee’s work;
Spreading harmful rumors or malicious gossip;
Cyberbullying (e.g., harassing messages or posts on social media).

Although bullying can sometimes overlap with harassment or discrimination, it may also occur in more subtle forms, such as repeated sabotage of assignments or constant belittling in front of colleagues.

2. Current Legal Framework Addressing Workplace Bullying

2.1. Labor Code of the Philippines

While the Labor Code (Presidential Decree No. 442) does not explicitly refer to “workplace bullying,” certain provisions relate to worker protection. Under this framework:

Employer’s obligation to ensure just and humane conditions of work can serve as a broad basis for challenging workplace bullying, particularly if the bullying leads to constructive dismissal or the creation of a hostile work environment.
Termination due to serious misconduct or willful disobedience are grounds to discipline or dismiss employees who engage in bullying, especially if their behavior compromises company policies on mutual respect, safety, or ethical conduct.

2.2. Civil Code and Torts

Under the Civil Code of the Philippines, an aggrieved employee may pursue civil claims for:

Moral damages (Articles 19, 20, and 21 of the Civil Code): A person who “willfully causes injury to another in a manner contrary to morals, good customs or public policy” can be held liable for damages. This can apply to severe bullying that results in emotional distress or psychological harm.
Defamation or Slander: If bullying involves spreading false rumors or publicly demeaning an individual, the aggrieved party may file a case for defamation under the Revised Penal Code.

2.3. Safe Spaces Act (Republic Act No. 11313)

The Safe Spaces Act (or the “Bawal Bastos” law) extends beyond sexual harassment and covers all forms of gender-based harassment in public spaces, workplaces, and online spaces. While the primary focus is on harassment with a gender-based context, certain forms of severe, repeated insults or sexual overtones in bullying may trigger penalties under this law.

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

If workplace bullying is coupled with unwelcome sexual advances or sexually offensive remarks, the Anti-Sexual Harassment Act can be used. This law primarily covers situations where a person in authority exercises their power in a manner that is sexually harassing and detrimental to the victim’s employment conditions or opportunities.

2.5. Occupational Safety and Health Standards Act (Republic Act No. 11058)

This law focuses on ensuring safe and healthy working conditions. While it primarily addresses physical hazards, it also implicitly covers psychological and psychosocial risks in the workplace. Excessive bullying can create or exacerbate mental health risks. The Department of Labor and Employment (DOLE) may consider severe workplace bullying a factor that compromises a safe and healthy work environment.

2.6. Company Policies and DOLE Guidelines

Many organizations develop internal policies regarding workplace bullying, discrimination, and harassment. DOLE encourages employers to:

Establish Codes of Conduct clearly prohibiting bullying and prescribing sanctions;
Set up Internal Grievance Procedures or “hotlines” for employees to report bullying incidents;
Train supervisors and managers to recognize and address bullying behavior.

Though not a standalone legislation on “workplace bullying,” these internal measures—coupled with the legal tools mentioned above—form the backbone for preventing and remedying bullying at work.

3. Obligations of Employers

3.1. Duty to Maintain a Healthy Work Environment

Employers have the legal and ethical duty to provide a work environment free from physical, psychological, and emotional harm. Even in the absence of specific “anti-bullying” legislation, relevant Philippine laws imply that:

Employers must adopt policies and programs aimed at preventing workplace bullying;
Employers should investigate complaints and mete out disciplinary action if the allegations prove valid;
Failure to act on reported bullying could expose the employer to vicarious liability or potential civil claims for damages.

3.2. Internal Policies and Disciplinary Procedures

Commonly, companies in the Philippines include anti-bullying or anti-harassment clauses in their Code of Conduct or Employee Handbook. Such guidelines often stipulate:

Reporting Mechanisms: Confidential channels (hotlines, online portals, or designated officers) to receive complaints;
Investigation Protocols: Impartial committees or HR personnel who gather evidence, conduct interviews, and document findings;
Disciplinary Measures: Clear penalties, which may range from written warnings to termination, depending on the severity and frequency of bullying incidents;
Non-Retaliation Clauses: Assurance that employees who report bullying in good faith will be protected from retaliation.

3.3. Training and Awareness

Preventing workplace bullying also means:

Conducting regular training on respectful workplace conduct, effective communication, conflict resolution, and stress management;
Encouraging a culture of respect by leadership and management modeling proper behavior.

4. Remedies and Legal Actions for Victims

Employees who experience workplace bullying can consider the following steps and remedies:

Document the Incidents
- Keep a record of dates, times, locations, names of witnesses, and descriptions of specific bullying incidents.
- Preserve any physical evidence (screenshots of malicious messages, emails, or social media posts) that illustrate the bullying.
Report to HR or Management
- File a written complaint with Human Resources or through the company’s established grievance system.
- In unionized settings, employees may seek assistance from their labor union representative.
File a Complaint with DOLE
- If the employer fails to act or if internal remedies are exhausted, employees can bring their complaint to the Department of Labor and Employment.
- DOLE may conduct inspections or investigate reports of violations of workers’ rights or workplace safety and health standards.
Consider Civil or Criminal Remedies
- In cases where bullying rises to the level of defamation, stalking, threats, or physical harm, legal action under the Civil Code or the Revised Penal Code may be pursued.
- Employees can seek civil damages for emotional distress or moral damages under Articles 19, 20, and 21 of the Civil Code.
- For harassment with a sexual dimension, filing a case under R.A. 7877 (Anti-Sexual Harassment Act) or the Safe Spaces Act (R.A. 11313) may be appropriate.
Alternative Dispute Resolution
- Some companies offer mediation or conciliation to resolve interpersonal conflicts if the bullying is not severe or does not involve criminal elements.
- Engaging a neutral mediator or third-party arbitrator can sometimes prevent protracted legal disputes.

5. Potential Liabilities for Employers and Offending Employees

5.1. Administrative and Disciplinary Consequences

Administrative Offenses: Employers who fail to address workplace bullying may be deemed negligent, potentially facing administrative sanctions or fines, especially if the bullying leads to labor violations.
Employee Discipline: Offending employees can be suspended or terminated for serious misconduct or willful breach of company policies.

5.2. Civil Damages and Penalties

Moral and Exemplary Damages: The bullied employee may claim damages for psychological harm, reputational harm, or distress caused by bullying.
Civil Liabilities of Employer: If the employer knowingly permits or fails to address the bullying, they may be jointly liable for damages alongside the bully.

5.3. Criminal Liabilities

Although general bullying may not always constitute a crime, certain acts (e.g., grave threats, slander, serious physical injuries) can be penalized under the Revised Penal Code.

6. Practical Tips for Employers and HR Professionals

Conduct a Risk Assessment
- Regularly survey employees and review HR metrics (turnover, absenteeism, complaints) to gauge the workplace climate.
Create a Clear Policy Against Bullying
- Draft a written policy outlining the company’s definition of bullying, examples of prohibited behaviors, disciplinary steps, and reporting mechanisms.
Train Management and Supervisors
- Ensure supervisors and managers are familiar with the company’s anti-bullying policy and understand their responsibilities.
Ensure Confidentiality and Non-Retaliation
- Guarantee that complaints will be handled confidentially and that employees who make complaints in good faith will not face retaliation.
Document All Actions
- Keep thorough records of any complaint, investigation, and resolution to protect both the company and its employees.
Regular Monitoring and Policy Updates
- Periodically review and update policies to reflect changes in the law and best practices in workplace conduct.

7. Conclusion

Although the Philippines does not have a single, all-encompassing “Anti-Workplace Bullying” law, employees are not without protection. Through a combination of existing legislation—particularly the Labor Code, Civil Code, Safe Spaces Act, and applicable DOLE regulations—aggrieved employees can seek redress for bullying. Employers likewise have an obligation to maintain a safe and respectful environment, and failure to do so may result in legal and financial liabilities.

Ultimately, the most effective response to workplace bullying is prevention. Clear policies, ongoing training, and prompt, fair investigations send a strong message that bullying will not be tolerated. By understanding and leveraging the current legal frameworks and crafting robust internal processes, both employees and employers can work toward a healthier, more respectful Philippine workplace.