Workplace Bullying and Harassment: Filing a Complaint with DOLE

Can an employee file a complaint with DOLE if the Director humiliates them during reports?

In the Philippines, workplace bullying and harassment are serious issues that affect the well-being and productivity of employees. The Department of Labor and Employment (DOLE) provides avenues for employees to address such grievances. Here’s what you need to know about filing a complaint with DOLE if you are being humiliated or harassed by a superior in the workplace.

Understanding Workplace Bullying and Harassment

Workplace bullying is defined as repeated, health-harming mistreatment of one or more persons (the targets) by one or more perpetrators. It includes abusive conduct that is:

• Threatening, humiliating, or intimidating,
• Work interference or sabotage,
• Verbal abuse.

Harassment, on the other hand, involves unwanted conduct affecting the dignity of men and women in the workplace. It can be related to age, sex, race, disability, religion, nationality, or any personal characteristic of the individual.

Legal Framework in the Philippines

Under Philippine law, workplace harassment and bullying are prohibited and actionable under several legal frameworks:

1. Labor Code of the Philippines: While the Labor Code does not explicitly define workplace bullying, it covers unjust dismissal and requires employers to maintain just and humane conditions of work.
2. RA 7877 (Anti-Sexual Harassment Act of 1995): This law specifically addresses sexual harassment in the workplace.
3. RA 11313 (Safe Spaces Act): This law broadens the definition of workplace harassment to include gender-based sexual harassment in workplaces, training centers, and public spaces.

Filing a Complaint with DOLE

If an employee experiences bullying or harassment, they can file a complaint with the DOLE. Here are the steps:

1. Document the Incidents: Keep detailed records of each instance of bullying or harassment, including dates, times, locations, descriptions of the incidents, and any witnesses.

2. Internal Resolution: Before approaching DOLE, check if your company has an internal grievance procedure. Many organizations have policies in place to handle such issues.

3. File a Complaint: If the issue is not resolved internally, you can file a complaint with the nearest DOLE Regional Office. The complaint should include:

   • A written statement detailing the harassment or bullying incidents.
   • Evidence supporting your claims (e.g., emails, messages, recorded conversations).
   • Information about any steps already taken to address the issue internally.

4. Mediation and Investigation: DOLE will typically initiate mediation between the complainant and the employer. If mediation fails, DOLE may proceed with a formal investigation, which could involve hearings and the collection of further evidence.

5. Resolution and Sanctions: Based on the findings, DOLE can impose sanctions on the employer and require remedies for the complainant, which may include compensation, reinstatement, or other corrective actions.

Employee Rights and Employer Responsibilities

Employees have the right to a safe and respectful work environment. Employers are obligated to:

• Implement policies against bullying and harassment.
• Conduct regular training and awareness programs.
• Establish clear procedures for reporting and addressing complaints.

Failure to comply with these responsibilities can lead to legal consequences for employers, including fines and other penalties imposed by DOLE.

Conclusion

Employees subjected to bullying or harassment by a director or any other superior have the right to seek redress through DOLE. By following the proper procedures and providing comprehensive documentation, employees can protect their rights and promote a healthier, more respectful workplace environment.