What legal actions can be taken if an employee experiences verbal abuse or harassment in the workplace?

Workplace harassment, including verbal abuse, is a serious concern that is addressed by several laws and regulations in the Philippines. Employees who experience such treatment have the right to seek protection and remedies under these laws.

1. The Labor Code of the Philippines

The Labor Code is the primary legislation governing employment in the Philippines. It provides protections for workers against various forms of unfair labor practices, including harassment. Under the Labor Code, employers have the responsibility to provide a safe and healthy working environment, which includes being free from any form of abuse or harassment.

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

While this law primarily addresses sexual harassment, it also highlights the broader issue of harassment in the workplace. It mandates that employers and heads of offices establish policies to prevent or deter the commission of acts of harassment. Although this law is specific to sexual harassment, its principles can be extended to other forms of harassment, including verbal abuse, by emphasizing the employer’s duty to protect employees.

3. Republic Act No. 11313 (Safe Spaces Act or Bawal Bastos Law)

The Safe Spaces Act expands protection against gender-based sexual harassment to include public spaces, online spaces, and workplaces. It includes verbal, non-verbal, and physical harassment. Employers are required to implement measures to prevent and address harassment in the workplace, including the establishment of internal complaint mechanisms. This law reinforces the need for a respectful and harassment-free work environment.

4. Employer’s Duty of Care

Employers have a duty to care for their employees, which includes ensuring that the workplace is free from harassment and abuse. Failure to address harassment can lead to administrative sanctions against the employer or company, as well as potential civil liabilities.

5. Filing a Complaint

Employees who experience harassment can file a complaint with the Department of Labor and Employment (DOLE) or the Civil Service Commission (CSC) for government employees. They may also seek redress through the company's internal grievance mechanisms, if available.

6. Legal Remedies

Victims of workplace harassment may pursue various legal remedies, including:

Filing a criminal case for acts of harassment that constitute a criminal offense.
Filing a civil case for damages resulting from the harassment.
Administrative complaints through government agencies such as DOLE or CSC.

7. Workplace Policies

Employers are encouraged to implement clear policies against harassment, conduct regular training, and establish effective complaint mechanisms to address and prevent harassment. Failure to do so can be considered a violation of the employee’s rights under the law.

In conclusion, workplace harassment, including verbal abuse, is not tolerated under Philippine law. Employees have the right to a safe and respectful work environment, and there are several legal avenues available to address and prevent harassment. Employers are encouraged to take proactive steps to protect their employees and ensure compliance with relevant laws.