Below is a comprehensive discussion of legal remedies against workplace harassment in the Philippines. This article is intended only for informational purposes and does not constitute legal advice. If you need specific guidance, you should consult a qualified Philippine lawyer or relevant government agencies.

1. Introduction

Workplace harassment in the Philippines often manifests in a variety of forms—ranging from sexual harassment, bullying, or other oppressive behavior that threatens the safety and dignity of workers. Multiple laws, regulations, and agencies address these issues. Understanding the legal framework and procedural remedies empowers victims to protect their rights and seek redress.

2. Defining Workplace Harassment

2.1. General Definition

Broadly, workplace harassment refers to any unwelcome or offensive conduct—verbal, physical, or visual—that is directed at an employee because of certain characteristics or for reasons motivated by malice or bias, and that creates a hostile, intimidating, or abusive work environment.

2.2. Sexual Harassment

In the Philippine context, the Anti-Sexual Harassment Act of 1995 (Republic Act [RA] No. 7877) and the Safe Spaces Act (RA No. 11313) both protect individuals from sexual harassment. Acts of sexual harassment can be characterized by:

Making employment or work benefits conditional on sexual favors (i.e., quid pro quo harassment).
Creating an intimidating, hostile, or offensive work environment through persistent unwelcome sexual remarks or acts.

2.3. Expanded Coverage Under the Safe Spaces Act

Enacted in 2019, the Safe Spaces Act (also known as the “Bawal Bastos” law) expanded the legal framework to cover gender-based sexual harassment in:

Streets and public spaces
Online platforms
Workplaces
Educational or training institutions

This law imposes obligations on employers to adopt measures that prevent and address not just “classic” sexual harassment but also gender-based bullying, sexist remarks, and other forms of intimidation.

3. Applicable Laws and Regulations

Republic Act No. 7877 (Anti-Sexual Harassment Act of 1995)
- Covers sexual harassment in a work or training environment.
- Defines sexual harassment primarily as an abuse of authority, whereby a person of power or influence demands sexual favors.
Republic Act No. 11313 (Safe Spaces Act)
- Prohibits gender-based sexual harassment in both public and private spaces, including workplaces.
- Requires employers to take proactive steps, such as formulating comprehensive policies and providing internal mechanisms for complaints.
Labor Code of the Philippines
- While it does not specifically define workplace harassment, it provides employees with remedies if harassment leads to illegal dismissal, constructive dismissal, or other unfair labor practices.
Civil Code of the Philippines
- Victims of harassment can claim damages for injuries suffered from wrongful acts or omissions under the general principles of torts (Articles 19, 20, 21, 26, 2176, etc.).
Revised Penal Code
- Certain forms of harassment, such as acts of lasciviousness or unjust vexation, can be prosecuted as criminal offenses.

4. Legal Remedies

Victims of workplace harassment have different legal avenues to seek redress. The choice of remedy depends on the nature of the harassment and the relief that the victim seeks.

4.1. Administrative Remedies

Internal Complaint Procedure
- Employers covered under RA 7877 and RA 11313 are mandated to establish grievance mechanisms or committees to handle sexual harassment complaints.
- Filing an internal complaint often involves submitting a written statement to the designated committee or human resources department.
- Employers are expected to conduct an investigation and impose appropriate penalties under their rules and regulations.
Filing a Case with the Department of Labor and Employment (DOLE)
- If the employer fails to provide an adequate remedial mechanism or if the harassment remains unaddressed, the employee can report the matter to DOLE, which supervises labor standards and conditions, including compliance with laws on workplace harassment.
Civil Service Commission (CSC)
- For government employees, complaints can be lodged with the CSC or the appropriate disciplining authority in the government agency concerned.

4.2. Civil Remedies

Damages Under the Civil Code
- Victims may file a civil action for damages (e.g., moral or exemplary damages) if the harassment amounts to a tortious act or violation of rights.
- Article 19, 20, and 21 of the Civil Code allow claims for damages when a person wilfully causes harm or violates the norms of good conduct in a manner causing injury.
Constructive Dismissal Cases at the National Labor Relations Commission (NLRC)
- If harassment compels an employee to resign because the workplace has become hostile, the resignation may be treated as constructive dismissal.
- The employee can file a complaint for illegal dismissal and claim back wages, separation pay, or reinstatement, as appropriate.

4.3. Criminal Remedies

Criminal Charges Under the Anti-Sexual Harassment Act (RA 7877)
- Depending on the facts, a complainant may file a criminal case in the appropriate court. However, RA 7877 is limited to situations where the offender is in a position of authority or influence.
- Penalties include imprisonment and/or fines.
Criminal Charges Under the Safe Spaces Act (RA 11313)
- Specific acts of gender-based harassment may be prosecuted with penalties like fines, community service, or imprisonment, depending on the gravity of the offense.
Revised Penal Code Offenses
- Depending on the nature of the acts, charges such as “acts of lasciviousness,” “slander,” or “unjust vexation” could be filed in criminal court.

5. Enforcement Bodies and Procedures

Department of Labor and Employment (DOLE)
- Oversees compliance with labor laws and addresses labor standard violations, including acts that constitute harassment or workplace violations.
National Labor Relations Commission (NLRC)
- Handles labor disputes—such as illegal dismissal and claims for reinstatement, back wages, or damages—arising from harassment.
Civil Service Commission (CSC)
- For government workers, the CSC has jurisdiction to investigate and penalize workplace harassment in government offices.
Philippine National Police (PNP) / National Bureau of Investigation (NBI)
- In criminal cases, victims or their counsel may seek the assistance of law enforcement agencies to investigate, gather evidence, and file the appropriate charges.
Local Government Units (LGUs)
- Under the Safe Spaces Act, LGUs have obligations to help in the enforcement of provisions against gender-based harassment. They may also have Women’s and Children’s Desks or other relevant local offices to assist victims.

6. Employer Responsibilities

Adoption of Anti-Sexual Harassment Policies
- Under RA 7877 and RA 11313, employers are mandated to develop comprehensive policies to prevent, deter, and punish acts of harassment. These policies must be disseminated to all employees.
Creation of a Committee on Decorum and Investigation (CODI)
- Employers (both in the private and public sector) must establish a CODI or a similar body to receive and investigate complaints.
- This committee should have representatives from management, rank-and-file employees, and, where applicable, a union representative.
Training and Awareness
- Employers must conduct training programs, seminars, or workshops to educate employees about sexual harassment, gender sensitivity, and the procedures for reporting incidents of harassment.
Safe and Conducive Work Environment
- Employers are legally obligated to ensure that the workplace is free from discriminatory or harmful practices. Failure to maintain a safe environment may lead to liabilities.

7. Steps for Employees Facing Workplace Harassment

Document the Harassment
- Keep detailed records of incidents, including dates, times, locations, names of witnesses, and descriptions of the conduct.
Check the Company Policy
- Review your employer’s policy or manual of regulations on sexual harassment or other forms of workplace abuse.
File an Internal Complaint
- Promptly report the harassment to the designated committee (CODI) or HR department according to your company policy.
- Cooperate in any investigation. If resolution within the company is unsatisfactory, you may escalate the case externally.
Seek Legal Assistance
- Consult a lawyer or reach out to relevant government offices (e.g., DOLE, CSC, or the Public Attorney’s Office [PAO]) if you wish to pursue civil, labor, or criminal remedies.
Explore Mediation or Settlement
- Depending on the context, mediation or other forms of alternative dispute resolution may provide a faster resolution. However, this does not apply in all cases—particularly if criminal liability may arise.
Consider Filing a Formal Case
- If internal mechanisms fail, a formal complaint with DOLE (for labor-standard violations) or the NLRC (for labor disputes), or criminal charges with the prosecutor’s office, may be necessary.

8. Conclusion

Workplace harassment undermines employee well-being, productivity, and morale. Philippine law, through statutes like the Anti-Sexual Harassment Act, the Safe Spaces Act, and existing labor and civil laws, offers multiple remedies and protective measures to address and deter harassment. Victims can choose from administrative, civil, or criminal avenues depending on the specifics of their situation.

Employers are equally obligated to set proactive policies and mechanisms to prevent harassment and ensure a safe and respectful work environment. Ultimately, robust enforcement of legal rights—combined with internal awareness programs—helps foster workplaces free from harassment, ensuring that every worker can perform their job with dignity and security.

Disclaimer

This article provides a general overview of legal remedies against workplace harassment in the Philippines. For situation-specific advice, legal representation, or dispute handling, consult a lawyer or the appropriate government agencies.