Legal Remedies for Workplace Discrimination in the Philippines

Query: Anong pwedeng ikaso kung minaliit ang iyong trabaho?

Workplace discrimination, including belittling or demeaning an employee's job, is a serious concern that can lead to legal action in the Philippines. Here, we will discuss the potential legal remedies available for employees who experience such treatment.

Understanding Workplace Discrimination

Workplace discrimination occurs when an employee is treated unfavorably because of certain characteristics such as race, gender, age, religion, disability, or even job position. Demeaning or belittling an employee's work can be a form of psychological harassment, which is prohibited under Philippine labor laws.

Relevant Laws and Regulations

1. Labor Code of the Philippines:

   • The Labor Code prohibits employers from discriminating against employees in terms of wages, working conditions, and terms of employment.
   • Article 285 of the Labor Code allows employees to terminate their employment if they experience serious insult by the employer or their representative.

2. Anti-Sexual Harassment Act of 1995 (RA 7877):

   • While primarily addressing sexual harassment, this law also covers other forms of workplace harassment that create an intimidating, hostile, or offensive work environment.

3. Safe Spaces Act (RA 11313):

   • This law includes provisions against gender-based sexual harassment in workplaces, educational institutions, and public spaces. It mandates employers to create measures to prevent and address harassment.

4. Civil Code of the Philippines:

   • Articles 19, 20, and 21 provide general principles of liability for damages in cases of abusive exercise of rights and acts against morals, good customs, or public policy.

Filing a Complaint

If you believe you are being belittled or demeaned at work, here are the steps you can take:

1. Internal Complaint:

   • Report the incident to your company's human resources department or designated officer. Most companies have policies and procedures in place for handling workplace harassment.

2. Labor Arbiter:

   • If the internal process does not resolve the issue, you can file a complaint with the National Labor Relations Commission (NLRC). The NLRC handles disputes involving employer-employee relationships, including unfair labor practices and illegal dismissal cases.

3. Civil Action:

   • You can also file a civil case for damages under the Civil Code. This involves proving that the act of belittling your work caused you harm or damage.

4. Criminal Action:

   • In severe cases where the harassment is intense and continuous, leading to significant mental anguish or distress, you might consider filing a criminal complaint for acts of lasciviousness or other applicable offenses.

Legal Assistance

It is advisable to consult with a labor lawyer to understand the full scope of your rights and the appropriate legal action to take. A lawyer can help you navigate the complexities of labor laws and ensure that your complaint is properly documented and pursued.

Conclusion

Employees in the Philippines have several legal avenues to address workplace discrimination and harassment. If your job is being belittled, it is important to know that the law protects you, and there are mechanisms in place to seek redress. Taking timely action can help ensure a respectful and fair working environment.