Legal Remedies for Employees Facing Harassment by HR and Higher-Ups in the Philippines

What should an employee do if they are being humiliated and harassed by HR and higher-ups? Should they go directly to DOLE even if still employed?

Harassment in the workplace, whether by peers, HR personnel, or higher-ups, is a serious issue that can significantly affect an employee's well-being and performance. The Philippines has laws and institutions to address workplace harassment and protect employees' rights. Here’s a comprehensive guide on the steps an employee should take if they are experiencing such issues.

Understanding Workplace Harassment

Workplace harassment can include a range of behaviors, such as verbal abuse, humiliation, intimidation, and unwarranted criticism. It is important to recognize that no employee should tolerate harassment, regardless of the perpetrator’s position within the company.

Initial Steps for the Employee

1. Document the Incidents: Keep a detailed record of all instances of harassment, including dates, times, locations, and descriptions of the incidents. This documentation will be crucial when filing a complaint.

2. Internal Complaint: Report the harassment to a trusted supervisor or another HR representative if possible. Many companies have internal grievance procedures that should be followed first.

3. Seek Support: Discuss the situation with trusted colleagues, friends, or family members. Emotional support can be invaluable during this time.

Legal Remedies

If the internal complaint does not resolve the issue, the employee can take further legal actions:

1. File a Complaint with DOLE: The Department of Labor and Employment (DOLE) handles complaints related to workplace issues, including harassment. Employees can file a formal complaint even while still employed.

   • Steps to File a Complaint:
     • Visit the nearest DOLE office.
     • Submit a written complaint detailing the harassment.
     • Provide evidence and documentation to support the complaint.
     • DOLE will conduct an investigation and may mediate between the employee and employer.

2. Seek Assistance from the Commission on Human Rights (CHR): If the harassment involves discrimination or violation of human rights, the CHR can provide assistance and investigate the matter.

3. File a Case with the National Labor Relations Commission (NLRC): If DOLE mediation does not resolve the issue, the employee may file a case with the NLRC. The NLRC handles labor disputes and can order remedies such as reinstatement, back pay, and damages.

4. Consult a Lawyer: For severe cases, especially where the harassment leads to health issues or wrongful termination, consulting a lawyer who specializes in labor law can provide guidance on the best legal course of action.

Legal Protections for Employees

1. Labor Code of the Philippines: Provides general protections against unjust treatment and ensures safe working conditions.
2. Anti-Sexual Harassment Act of 1995 (RA 7877): Specifically addresses sexual harassment in the workplace and mandates the creation of a Committee on Decorum and Investigation in workplaces to handle complaints.
3. Safe Spaces Act (RA 11313): Expands the definition of workplace harassment to include gender-based harassment and mandates penalties for employers who do not act on complaints.

Conclusion

Employees facing harassment by HR or higher-ups should not hesitate to take action. Starting with internal procedures and escalating to DOLE, CHR, or NLRC ensures that their rights are protected under Philippine law. Proper documentation and seeking legal advice are crucial steps in addressing and resolving workplace harassment effectively.