Legal Remedies for Addressing Workplace Harassment Claims

Below is a comprehensive, general-information guide on legal remedies for addressing workplace harassment claims in the Philippine context. This discussion aims to provide an overview of the relevant laws, administrative and judicial remedies, and other practical considerations for both employees and employers. Please note that this does not constitute formal legal advice; for specific concerns, consultation with a qualified Philippine attorney is recommended.

I. Overview of Workplace Harassment

A. Definition

  1. Workplace Harassment

    • Any unwelcome or offensive behavior directed at an employee in the course of employment which creates an intimidating, hostile, or offensive work environment.
    • It may be based on gender, sexual orientation, religion, ethnicity, or other protected characteristics.
    • It includes, but is not limited to, bullying, intimidation, verbal abuse, physical threats, or repeated, insidious behavior that undermines a person’s dignity or safety.

  2. Sexual Harassment

    • One of the most recognized forms of workplace harassment in Philippine law.
    • Involves unwelcome sexual advances, requests for sexual favors, or other verbal/physical conduct of a sexual nature that affects the terms or conditions of employment or creates a hostile work environment.

B. Forms of Workplace Harassment

  • Verbal or Written: Slurs, offensive jokes, threats, derogatory remarks, sexual innuendos, inappropriate emails, or texts.
  • Physical: Unwanted touching, physical assault, restricting movement, or damaging personal property.
  • Visual or Display: Offensive images, posters, or gestures that demean an individual or a group.
  • Psychological or Emotional: Bullying, intimidation, constant humiliation, undermining professional credibility, or isolation from group activities.

II. Legal Framework in the Philippines

A. Philippine Constitution

  1. Right to Dignity and Equality
    • Article II, Section 11 of the 1987 Philippine Constitution states that the State values the dignity of every human person and guarantees full respect for human rights.
    • Article XIII, Section 3 also ensures the protection of workers’ rights and the promotion of their welfare.

B. Labor Code of the Philippines

  1. General Provisions
    • While the Labor Code does not specifically define “workplace harassment,” it provides a general framework for the protection of workers’ rights, including fair treatment, just and humane conditions, and the prohibition of any form of unjust discrimination or maltreatment.

C. Anti-Sexual Harassment Act of 1995 (Republic Act No. 7877)

  1. Scope and Coverage

    • Applies to sexual harassment in a work, education, or training environment.
    • Covers persons who have authority, influence, or moral ascendancy over another.

  2. Definition of Sexual Harassment

    • Unwelcome sexual advances, requests for sexual favors, or other verbal or physical behavior of a sexual nature when:
      • Submission to or rejection of such acts is used as a basis for any employment decision (e.g., promotion, compensation).
      • The act has the purpose or effect of interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment.

  3. Employer Responsibilities

    • Employers or heads of offices are required to prevent or deter the commission of acts of sexual harassment and provide the procedures for the resolution or prosecution of such acts.
    • Must create a committee on decorum and investigation (CODI) for sexual harassment cases.

  4. Penalties

    • Those found guilty under RA 7877 may be penalized by imprisonment, a fine, or both, at the discretion of the court, depending on the gravity of the offense.

D. Safe Spaces Act (Republic Act No. 11313, also known as the “Bawal Bastos” Law)

  1. Expanded Definition of Sexual Harassment

    • Covers not just the traditional hierarchical setting but also peer-to-peer and subordinate-to-superior harassment.
    • Includes gender-based online sexual harassment, among others.

  2. Protection in the Workplace

    • The law imposes a duty on employers and heads of workplaces to prevent and punish gender-based sexual harassment in the workplace.
    • Requires the adoption of a code of conduct, regular training, and the establishment of an internal grievance procedure.

  3. Penalties

    • Stiffer penalties and expanded coverage to ensure accountability for a broader range of harassing behaviors.
    • Includes administrative fines, disciplinary sanctions, and possible criminal liabilities.

E. Other Relevant Laws and Provisions

  1. Revised Penal Code

    • Certain acts of harassment, especially those that involve threats, coercion, or physical harm, may also be penalized under other provisions of the Revised Penal Code (e.g., grave threats, acts of lasciviousness).

  2. Civil Code of the Philippines

    • Potential civil liability (e.g., damages for moral or exemplary damages) in cases of harassment that cause mental anguish, humiliation, or damage to reputation.
    • Article 19, 20, and 21 on the principle of “abuse of right” and “violation of good customs” may give rise to indemnity for damages.

III. Remedies and Avenues for Redress

A. Internal/Administrative Remedies

  1. Company Policies and Grievance Procedures

    • Employers are mandated by law (especially under RA 7877 and RA 11313) to establish written policies against harassment, inclusive of definitions, reporting procedures, and sanctions.
    • Employees are encouraged to utilize internal procedures first, if feasible:
      • File a complaint with the company’s Committee on Decorum and Investigation (CODI) or Human Resources Department.
      • Prompt documentation of incidents (dates, times, witnesses, and any evidence) is crucial.

  2. Confidentiality Concerns

    • The law requires confidentiality throughout the investigation process to protect both the complainant and the respondent from undue publicity.

  3. Possible Outcomes

    • Administrative sanctions against the harasser, including suspension, dismissal, or other penalties.
    • Improvement or revision of company policies and training programs to prevent further occurrences.

B. Labor Remedies

  1. Complaint with the Department of Labor and Employment (DOLE)

    • In some cases, employees may seek the intervention of DOLE, particularly if the employer fails to act or there is a violation of workplace standards.
    • DOLE may conduct inspections, mediate, or require corrective measures within the workplace.

  2. Filing a Case with the National Labor Relations Commission (NLRC)

    • If harassment leads to constructive dismissal, or if an employee experiences unjust termination, they may file an illegal dismissal case with the NLRC.
    • The NLRC may award reinstatement, full back wages, and other damages if it finds the dismissal was not justified.

C. Criminal Remedies

  1. Filing a Criminal Complaint

    • Under RA 7877 and the Safe Spaces Act, as well as relevant provisions of the Revised Penal Code, victims may file a criminal complaint.
    • The case is filed with the Office of the Prosecutor, which will conduct a preliminary investigation to determine probable cause.

  2. Possible Criminal Charges

    • Sexual Harassment (RA 7877)
    • Gender-based Sexual Harassment in the workplace (RA 11313)
    • Acts of Lasciviousness (Article 336 of the Revised Penal Code)
    • Unjust Vexation or Grave Threats, depending on the facts of the case.

  3. Penalties

    • Fines, imprisonment, or both—depending on the specific criminal charge and aggravating circumstances.

D. Civil Remedies

  1. Claims for Damages

    • The Civil Code may allow the recovery of moral damages, exemplary damages, or other forms of indemnification.
    • This usually requires proof of the harassment, resulting injury (emotional or psychological), and the direct causation between the two.

  2. Filing a Civil Case

    • Can be lodged in the regular courts.
    • Complainant must prove by preponderance of evidence the wrongdoing and the harm suffered.

IV. Practical Considerations in Pursuing a Claim

  1. Gathering Evidence

    • Documentation: Keep records of incidents (dates, times, nature of harassment, witnesses).
    • Correspondence and Communications: Preserve text messages, emails, photos, or chat logs.
    • Witnesses: Identify and, if possible, secure affidavits from colleagues who witnessed or have knowledge of the harassment.

  2. Legal Representation

    • Engaging a lawyer ensures proper guidance in navigating the complexities of filing administrative, criminal, or civil actions.
    • Lawyers can help draft affidavits, position papers, and represent you in hearings or mediations.

  3. Workplace Environment

    • While pursuing claims, employees often remain in the same work environment. Employers should ensure there are no retaliatory acts against the complainant. Retaliation itself can be a separate ground for legal action.

  4. Statute of Limitations

    • There are prescriptive periods for filing cases (varies by type: administrative, civil, or criminal). Consult with counsel to avoid missing deadlines.

  5. Mediation and Settlement

    • In some cases, parties may opt to settle or mediate. Settlement should not undermine the seriousness of harassment allegations; it should be a voluntary and fair agreement.

V. Duties of Employers and Preventive Measures

  1. Adoption of a Clear Anti-Harassment Policy

    • Must comply with RA 7877 and RA 11313 mandates.
    • Should outline prohibited conduct, complaint procedures, disciplinary sanctions, and confidentiality provisions.

  2. Establishment of a Committee on Decorum and Investigation (CODI)

    • A requirement under RA 7877.
    • Composed of representatives from management, employees, and—if applicable—third parties (e.g., union representatives).
    • Investigates complaints, ensures due process, and recommends sanctions.

  3. Regular Training and Education

    • Conduct seminars on recognizing harassment, respecting personal boundaries, and understanding legal obligations.
    • Emphasize prevention and awareness, aligning with the Safe Spaces Act requirements.

  4. Prompt and Impartial Investigations

    • Protects both complainant and respondent’s rights.
    • Helps employers avoid vicarious liability by taking reasonable steps to prevent and address harassment.

  5. Zero-Tolerance Approach

    • Encourages reporting of incidents without fear of retaliation.
    • Builds a culture of respect and equality in the workplace.

VI. Jurisprudence and Case Examples

  1. Supreme Court Rulings

    • The Philippine Supreme Court has repeatedly emphasized the importance of a safe and dignified work environment.
    • Rulings often underscore the employer’s responsibility to implement measures preventing harassment and penalizing offenders.

  2. Key Takeaways from Case Law

    • A thorough, impartial internal investigation significantly affects the outcome of legal proceedings.
    • Dismissals must be grounded on valid causes and observed due process to withstand legal scrutiny.
    • The “moral ascendancy” or influence of a superior over a subordinate is a critical factor in sexual harassment cases.

VII. Conclusion and Recommendations

  1. Legal Protections are in Place

    • The Philippines has robust laws addressing workplace harassment—particularly sexual harassment—through the Anti-Sexual Harassment Act (RA 7877) and the Safe Spaces Act (RA 11313). These laws establish both civil and criminal liabilities for offenders and assign obligations to employers.

  2. Proactive Measures are Critical

    • Employers must adopt clear policies, maintain a functioning CODI, and foster a workplace culture that respects dignity and equality.
    • Regular training and awareness campaigns ensure employees understand what constitutes harassment, how to report it, and what to expect during the resolution process.

  3. Multiple Avenues for Redress

    • Complainants may seek administrative, labor, civil, and/or criminal remedies, depending on the circumstances.
    • Effective documentation and swift reporting increase the likelihood of a successful resolution.

  4. Consultation with Legal Professionals

    • Given the complexities of jurisdiction, prescriptive periods, and procedural requirements, obtaining advice from a lawyer familiar with Philippine labor and criminal laws is recommended.

By understanding and properly utilizing these legal remedies, both employees and employers can work towards a safe, respectful, and harassment-free work environment—aligned with the spirit of Philippine labor laws and the broader commitment to human rights and dignity.

Disclaimer

This article is provided for general informational purposes and does not constitute legal advice. For any specific legal concerns or to address particular circumstances, consult a qualified attorney in the Philippines.

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

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login