Below is an overview of the legal and regulatory framework regarding workplace bullying in the Philippines, along with pending legislative measures and practical considerations. Although there is not yet a single, all-encompassing “Anti-Workplace Bullying” statute, several laws, regulations, and administrative issuances address harassment and similar forms of misconduct in the workplace. This article compiles what is currently known and recognized under Philippine law, plus developments and potential reforms aimed at explicitly prohibiting workplace bullying.

1. Definition of Workplace Bullying

In general, workplace bullying encompasses repeated and unreasonable actions directed toward an employee (or group of employees) that create a risk to their physical or mental health and safety. Common forms include:

Verbal abuse (e.g., insulting, belittling, threatening language)
Non-verbal or indirect harassment (e.g., undermining work output, spreading rumors)
Physical intimidation or threats of violence
Cyberbullying (e.g., offensive emails, online harassment in work-related chat groups)

While the term “bullying” is more frequently encountered in school or academic settings (through the Anti-Bullying Act of 2013, R.A. 10627), the same concept can manifest in workplaces. However, the Philippine legal framework has yet to adopt a single, comprehensive definition of or law against “workplace bullying” as a standalone offense.

2. Existing Laws Relevant to Workplace Bullying

Even in the absence of a specific “Workplace Anti-Bullying Law,” several Philippine laws and regulations may cover or be invoked in bullying cases, depending on the nature and severity of the act:

Labor Code of the Philippines (Presidential Decree No. 442)
- The Labor Code sets general standards for fair labor practices and worker protection. While it does not explicitly mention “bullying,” an employee subjected to severe, sustained harassment could claim constructive dismissal or file a complaint for illegal dismissal if the bullying forced them to resign or if it led to unfair treatment that violates labor standards.
- Article 297 (formerly 282) allows the termination of an employee for certain just causes. Conversely, employees have the right to security of tenure and to contest any termination or constructive dismissal. If bullying by superiors or co-workers creates intolerable working conditions, an employee might allege constructive dismissal.
Anti-Sexual Harassment Act of 1995 (R.A. 7877)
- This law primarily focuses on harassment of a sexual nature, especially those perpetrated by individuals who exercise authority or moral ascendancy over the victim. If bullying includes sexual or gendered remarks, unwelcome sexual advances, or other forms of sexual coercion, the perpetrator could be liable under R.A. 7877.
Safe Spaces Act (R.A. 11313, also known as the “Bawal Bastos” Law)
- Enacted in 2019, the Safe Spaces Act covers gender-based sexual harassment in public places, educational institutions, and workplaces.
- The law recognizes workplace-related sexual harassment, including acts committed through text messages or online channels. While often invoked for harassment of a gender-based or sexual nature, it can also apply to repeated “sexist” or discriminatory bullying or remarks.
- Employers are mandated to develop a code of conduct or company policies to prevent and address harassment. This may extend to certain bullying behaviors perceived as related to gender or sexual orientation.
Civil Service Commission (CSC) Policies
- For government employees, the Civil Service Commission (CSC) has issued various rules prohibiting discourtesy, harassment, and misconduct in the public sector.
- CSC Memorandum Circular No. 19, s. 1999 emphasizes that disgraceful and immoral conduct, as well as discourtesy in the course of official duties, are grounds for administrative liability. Workplace bullying could fall under these categories, depending on the specific circumstances.
Occupational Safety and Health Standards (OSHS) Law (R.A. 11058)
- This law focuses on safe and healthy working conditions. While it deals primarily with physical safety, mental and psychological harm caused by repeated harassment or bullying can arguably be considered a breach of an employer’s duty to ensure a safe workplace.
Civil and Criminal Remedies
- Extreme cases of bullying can give rise to claims under the Revised Penal Code (for grave threats, slander/libel, unjust vexation, or physical injuries).
- Victims of severe bullying may also file civil suits for damages (e.g., moral damages) under Articles 19, 20, and 21 of the Civil Code, which impose liability for willful or negligent acts contrary to law, morals, or public policy.

3. Pending or Proposed Legislation

Over the past decade, various House Bills have been introduced to address workplace bullying more explicitly. These have included proposals to:

Define “workplace bullying” as a prohibited workplace practice
Require employers to craft anti-bullying policies, complaint mechanisms, and disciplinary rules
Mandate training or orientation programs for supervisors and employees

While some bills have garnered attention, they have not yet been enacted into law. As a result, Philippine Congress has yet to pass a single, dedicated “Workplace Anti-Bullying Act.”

4. Administrative Issuances and Company Policies

4.1. Department of Labor and Employment (DOLE) Guidelines

DOLE Department Orders occasionally touch on preventing workplace violence or harassment. A strong company-level policy against workplace bullying is considered best practice, though it is not yet universally mandated by a single DOLE issuance specific to bullying (as opposed to sexual harassment, which is explicitly addressed).

4.2. Company Codes of Conduct

In the absence of a direct law, many Philippine employers rely on internal policies or codes of conduct that categorize workplace bullying as misconduct or grave misconduct.
Common provisions in these policies include the reporting mechanism, the disciplinary sanctions, and the commitment to confidentiality in investigations.

4.3. Role of Labor Unions

Employees covered by Collective Bargaining Agreements (CBAs) may find additional protections. CBAs often include clauses safeguarding workers against any form of harassment, bullying, or unjust treatment.
Labor unions can represent members in complaints or grievance processes involving bullying allegations.

5. Enforcement and Remedies

5.1. Filing Complaints

Public Sector: For government employees, complaints can be lodged with the Civil Service Commission or the Office of the Ombudsman, depending on the nature of the offense.
Private Sector: Employees may file a complaint before the National Labor Relations Commission (NLRC) if they believe workplace bullying amounts to constructive dismissal or a violation of their labor rights.
Criminal or Civil Cases: If the bullying involves criminal elements (threats, physical harm) or if it gives rise to damages, the victim may initiate criminal or civil suits in regular courts.

5.2. Burden of Proof and Evidence

The complainant typically must show that the alleged bullying took place and that it was severe or pervasive enough to create an offensive or hostile work environment.
Documentary evidence (emails, chat messages), witness statements, and physical evidence of harm (medical certificates) may be used to establish the claim.

5.3. Possible Sanctions

Administrative Sanctions: Depending on company rules or civil service regulations, a bully may face disciplinary measures such as reprimand, suspension, or dismissal.
Civil Damages: A successful civil action might result in an award of moral, exemplary, or actual damages.
Criminal Liability: In extreme cases involving assault, threats, or libelous remarks, penalties under the Revised Penal Code might apply.

6. Practical Considerations and Best Practices

Internal Policies and Training: Employers are strongly encouraged to draft clear anti-bullying policies, train employees and supervisors, and create confidential reporting channels. This helps prevent incidents and manage complaints effectively.
Clear Complaint Mechanism: Both the private and public sectors benefit from a structured internal complaint or grievance mechanism. Clear guidelines on how to file complaints, timelines for resolution, and assurances of protection from retaliation are vital.
Documentation: Employees who feel bullied should keep detailed records of incidents (dates, times, witnesses, messages) to support future claims or complaints.
Alternative Dispute Resolution (ADR): Mediation or conciliation through DOLE (or within the company) can sometimes address workplace bullying complaints without litigation, especially if the bullying is not severe enough to warrant criminal charges.
Respectful Workplace Culture: Ultimately, prevention is key. Strong emphasis on mutual respect, diversity, and inclusion in the workplace reduces the likelihood of bullying.

7. The Future of Workplace Anti-Bullying in the Philippines

Given the rise in awareness about mental health and well-being, there is increasing support for more robust legislation addressing bullying. Several NGOs and labor groups continue to lobby for a comprehensive “Workplace Anti-Bullying Law.” It is possible that in coming years:

Congressional Action: A dedicated bill will be refiled or advanced, providing more explicit definitions, mandatory employer policies, and clear penalties for bullying.
DOLE Circular: The Department of Labor and Employment may issue new guidelines emphasizing zero tolerance for bullying and requiring standardized protocols for handling complaints.
Heightened Enforcement: CSC, DOLE, and courts may become more proactive in penalizing workplace bullying under existing provisions or newly enacted legislation.

Until a specific law is passed, claims of workplace bullying will continue to rely on overlapping legal frameworks—sexual harassment laws, safety and health regulations, labor standards, and civil or criminal statutes—depending on the nature of the misconduct.

8. Conclusion

While the Philippines does not yet have a single, dedicated “Anti-Workplace Bullying Law,” there are laws and regulations that may be invoked to protect employees from harassment, discrimination, and abuse. These include the Labor Code, the Anti-Sexual Harassment Act, the Safe Spaces Act, relevant CSC rules for government employees, and broader civil and criminal legal remedies.

Key Takeaways:

No standalone anti-bullying statute exists—yet—but proposals are pending in Congress.
Current legal remedies vary according to the nature of the alleged bullying (sexual, physical, emotional, cyber).
Employer policies and internal mechanisms serve as the first line of defense to mitigate and address complaints.
Employees have the right to file administrative, civil, or even criminal cases, depending on the severity of the harassment.

The legislative and policy landscape is gradually changing to acknowledge and combat workplace bullying more directly. Until an explicit law is passed, it remains crucial for employers to adopt comprehensive anti-bullying policies and for employees to be aware of existing legal avenues to safeguard their rights and well-being in the workplace.