Verbal Harassment in the Workplace: Legal Protections and Remedies in the Philippines

Query: May co-workers disrespectfully engage in verbal attacks against me in my own office?

Verbal harassment in the workplace is a significant issue that affects employees' well-being and productivity. In the Philippines, various laws and regulations provide protections against such behavior to ensure a safe and respectful working environment.

Legal Framework Protecting Employees from Verbal Harassment

1. Labor Code of the Philippines The Labor Code explicitly requires employers to provide a work environment that is free from conditions that can be detrimental to the health and safety of employees, including verbal abuse. Article 124 mandates employers to maintain a safe working environment, which encompasses psychological safety.

2. Republic Act No. 7877 (Anti-Sexual Harassment Act of 1995) While primarily focused on sexual harassment, RA 7877 also covers other forms of harassment in the workplace. The law mandates employers to create mechanisms to address and resolve complaints of harassment, which can include verbal abuse.

3. Republic Act No. 11313 (Safe Spaces Act) The Safe Spaces Act extends protections against harassment to various settings, including workplaces. It prohibits all forms of gender-based sexual harassment, which includes verbal harassment. This law requires workplaces to adopt policies against harassment and to conduct seminars to educate employees about their rights and responsibilities.

Employer Responsibilities

1. Workplace Policies Employers are required to establish and implement comprehensive anti-harassment policies. These policies should clearly define what constitutes verbal harassment and outline the procedures for reporting and addressing complaints.

2. Training and Education Regular training sessions should be conducted to educate employees about respectful workplace behavior and the consequences of engaging in verbal harassment. This helps in fostering a culture of respect and accountability.

3. Complaint Mechanisms Employers must provide accessible and confidential mechanisms for employees to report incidents of verbal harassment. These mechanisms should ensure that complaints are addressed promptly and fairly, without retaliation against the complainant.

Employee Rights and Remedies

1. Filing Complaints Employees who experience verbal harassment can file a complaint with their company's human resources department. If the issue is not resolved internally, they can escalate the complaint to the Department of Labor and Employment (DOLE) or the Civil Service Commission, depending on their employment sector.

2. Legal Actions Employees have the right to seek legal recourse through the courts. They can file a case for damages against the harasser under civil law. If the harassment includes elements of criminal behavior, such as threats or coercion, criminal charges can also be pursued.

3. Support Services Victims of verbal harassment can seek support from various government and non-government organizations that provide legal assistance, counseling, and other forms of support to employees facing workplace harassment.

Conclusion

In the Philippines, the law provides robust protections against verbal harassment in the workplace. Employers are mandated to create safe and respectful working environments, and employees have multiple avenues for addressing grievances. Ensuring compliance with these legal standards is essential for fostering a healthy and productive workplace culture.