Below is a comprehensive discussion of workplace harassment and bullying in the Philippines, focusing on the legal definitions, statutory and regulatory frameworks, remedies, and procedures available to victims. This article aims to guide both employers and employees toward a clearer understanding of their rights and obligations under Philippine law.

1. Introduction

Workplace harassment and bullying can take many forms, including verbal abuse, threats, intimidation, and any repeated behavior designed to demean or embarrass an employee. In the Philippine setting, there is no single, all-encompassing law that explicitly uses the term “workplace bullying,” but various legal instruments and regulations cover such acts. These include:

Republic Act (R.A.) No. 7877 – The Anti-Sexual Harassment Act of 1995
Republic Act (R.A.) No. 11313 – The Safe Spaces Act (also known as the “Bawal Bastos Law”)
Labor Code of the Philippines and related Department of Labor and Employment (DOLE) issuances
Civil Code (for tort liability or quasi-delicts)
Revised Penal Code (for certain crimes that might overlap with harassment, such as unjust vexation, grave threats, slander, or libel)
Civil Service Rules and policies for government employees

Understanding these laws and the potential remedies available is crucial for addressing workplace harassment and bullying effectively.

2. Definition of Key Terms

2.1. Workplace Harassment

Workplace harassment generally refers to unwelcome conduct that creates an intimidating, hostile, or offensive work environment. It includes behaviors or actions that:

Undermine an individual’s dignity or worth;
Are repetitive in nature, though a single extreme incident may qualify; and
Interfere with job performance, mental health, or security.

2.2. Workplace Bullying

While Philippine laws do not explicitly define “workplace bullying,” it is broadly characterized as:

Repeated and unreasonable actions directed towards a worker or a group of workers;
Conduct that creates a risk to health and safety (physical or psychological);
Behaviors that may include verbal, physical, social, or psychological abuse; and
Acts of humiliation, intimidation, or sabotage.

2.3. Sexual Harassment

Under R.A. No. 7877 (the Anti-Sexual Harassment Act), sexual harassment takes place if:

The person committing the act has authority, influence, or moral ascendancy over the victim;
Such acts are sexual in nature, unwanted, or unwelcome;
Submission to or rejection of such acts affects employment, hiring, promotion, or the work environment.

3. Legal Framework

3.1. R.A. No. 7877 – The Anti-Sexual Harassment Act of 1995

Although focused on sexual harassment, this law clarifies the illegality of unwelcome sexual conduct, acts, or words in any workplace or training/educational environment in which the harasser has moral or legal ascendancy over the victim. Key points:

Moral Ascendancy: The law highlights that sexual harassment can be committed by managers, supervisors, professors, or anyone in a position of power.
Coverage: It covers relationships in both the public and private sectors (e.g., manager-employee, teacher-student, trainer-trainee).
Employer Liability: Employers are required to adopt measures to prevent sexual harassment and to provide procedures for the resolution, settlement, or prosecution of such cases.

Penalty: Violators may face fines or imprisonment, depending on the gravity of the offense, in addition to administrative sanctions (e.g., suspension or dismissal).

3.2. R.A. No. 11313 – The Safe Spaces Act (Bawal Bastos Law)

Enacted in 2019, R.A. No. 11313 expanded protections against gender-based harassment to cover public spaces, online platforms, and the workplace. Key provisions relevant to workplace scenarios include:

Definition: Protects against any unwanted or uninvited acts of a sexual nature that can threaten one’s sense of personal space and physical safety.
Workplace Coverage: Mandates employers or other persons of authority to prevent and penalize gender-based sexual harassment in the workplace.
Policies and Procedures: Requires workplaces to develop a code of conduct or anti-sexual harassment policy in line with the Safe Spaces Act and to provide clear complaint and investigation procedures.

Failure to comply with these obligations can result in fines and other penalties for employers, in addition to personal liability for the individual harasser.

3.3. Labor Code of the Philippines and DOLE Issuances

General Duty Clause: Employers have a legal obligation to ensure the health, safety, and welfare of their employees. This duty includes preventing abusive behavior, violence, and harassment in the workplace.
Department Orders and Guidelines: DOLE has periodically issued department orders relating to Occupational Safety and Health (OSH) standards, which also cover the psychological well-being of workers. Although these guidelines do not always explicitly define “bullying,” they obligate employers to keep workplaces free from hazards, which can be interpreted to include psychological hazards such as bullying.

3.4. Civil Code (Tort Liability)

Victims of workplace harassment or bullying can file a civil case for damages under the Civil Code. If the wrongful act or omission causes damage to another person’s rights, the aggrieved party may claim for moral, nominal, or even exemplary damages (Articles 19, 20, 21, 26 of the Civil Code).

3.5. Revised Penal Code (RPC)

Certain acts that fall under workplace harassment or bullying may also constitute crimes:

Grave Threats (Article 282) and Light Threats (Article 283)
Slander or Oral Defamation (Articles 358 and 359)
Slander by Deed (Article 359)
Unjust Vexation (Article 287) – a catch-all provision often invoked where the behavior unjustifiably annoys or vexes another.

3.6. Civil Service Rules and Regulations

In the public sector, the Civil Service Commission (CSC) has its own regulations on administrative disciplinary actions. Government employees found guilty of workplace harassment or bullying can be subjected to administrative penalties (e.g., suspension, dismissal) apart from any criminal or civil liability.

4. Preventive Measures and Employer Responsibilities

4.1. Anti-Harassment Policies

Employers are mandated to:

Develop a clear policy addressing all forms of harassment, including sexual harassment, bullying, and discrimination.
Regularly train all employees, supervisors, and managers on how to recognize, prevent, and handle harassment and bullying.
Provide grievance procedures: Employers must put in place a confidential and fair mechanism for reporting and investigating complaints (e.g., a designated committee, ombudsperson, or HR focal person).

4.2. Employee Assistance Programs

Large companies sometimes offer Employee Assistance Programs (EAPs) that provide confidential counseling and emotional support, helping employees cope with the stress and effects of harassment or bullying.

4.3. Code of Conduct and Sanctions

The company code of conduct should outline what constitutes harassment or bullying and the sanctions that would be imposed on offenders. These sanctions could include written warnings, suspensions, or termination, depending on the gravity of the offense.

5. Legal Remedies and Enforcement

5.1. Internal Remedies

Filing a Complaint with HR or a Grievance Committee: The first step is usually to lodge a formal complaint internally, triggering an investigation.
Internal Investigation: Employers have the obligation to conduct a prompt and fair investigation, respecting due process for both parties.
Sanctions: Depending on the findings, the employer may impose disciplinary measures on the offender.

5.2. Administrative Remedies

Department of Labor and Employment (DOLE): Private-sector employees may file a complaint with DOLE if the employer fails to address workplace harassment or bullying.
Civil Service Commission (CSC): Government employees may file complaints with the CSC if the harasser or bully is a government official or co-worker.

5.3. Criminal Remedies

Where the harassing or bullying acts constitute a crime (e.g., threats, unjust vexation, slander), the victim may file a criminal complaint before the appropriate prosecutor’s office.

Criminal Proceedings: Upon finding probable cause, the prosecutor may file an Information in court. Penalties could include imprisonment or fines, depending on the offense.

5.4. Civil Action for Damages

Apart from criminal and administrative cases, a victim can file a civil case to recover damages for mental anguish, humiliation, or injury to reputation. Monetary damages are awarded upon proof of injury caused by the wrongful acts of the harasser or bully.

6. Procedures for Filing Complaints

Gather Evidence: Document all incidents, including dates, times, witnesses, and details of what was said or done. Keep any messages, emails, or other records.
Consult with a Lawyer or Labor Expert (optional but highly recommended): Seek legal advice to understand your rights and the appropriate legal forum.
File a Complaint: Depending on the nature of the harassment or bullying, file the complaint either:
- Internally (HR or Grievance Committee)
- With DOLE or CSC (if applicable)
- In the Prosecutor’s Office (if criminal elements are present)
Await the Investigation: Cooperate fully with the investigation. Provide additional evidence or witness statements if necessary.
Follow Through: If unsatisfied with the outcome, you may escalate the complaint to higher authorities (e.g., DOLE regional office, CSC Commission Proper) or pursue judicial action in the courts.

7. Challenges and Practical Considerations

Lack of a Single ‘Workplace Bullying’ Law: The absence of a single statute specifically criminalizing workplace bullying can make it more complex for victims to seek redress.
Fear of Retaliation: Victims may hesitate to report due to fear of losing their job or other forms of retaliation.
Culture and Social Norms: In some workplaces, a culture of “endurance” or deference to authority can discourage employees from lodging complaints.
Evidentiary Hurdles: It can be difficult to prove harassment or bullying when it is purely verbal or psychological. Thorough documentation and witness statements are critical.

8. Practical Tips for Employers and Employees

8.1. For Employers

Adopt a Zero-Tolerance Policy: Clearly communicate that harassment and bullying will not be tolerated and outline consequences.
Training and Education: Provide regular training on conflict resolution, communication skills, and mental health awareness.
Swift and Impartial Investigations: Investigate complaints without delay and ensure fair treatment for both complainants and respondents.

8.2. For Employees

Know Your Rights: Familiarize yourself with internal policies and your legal rights under Philippine law.
Seek Support: Document incidents; confide in a trusted colleague or supervisor if possible.
Consult Professionals: When necessary, seek guidance from lawyers, DOLE representatives, or labor unions.

9. Conclusion

While the Philippine legal landscape for workplace harassment and bullying is spread across various statutes and regulations, robust protections do exist. R.A. No. 7877 and R.A. No. 11313, in particular, provide mechanisms for employees to seek redress, especially in cases of sexual harassment. Combined with the Labor Code, Civil Code, and relevant provisions of the Revised Penal Code, Philippine law offers multiple avenues—internal, administrative, civil, and criminal—to address workplace misbehavior.

Employers carry the responsibility of maintaining a safe and respectful work environment by implementing preventive measures and enforcing zero-tolerance policies against harassment and bullying. Employees, on the other hand, should be aware of their legal rights and the remedies available, ensuring that they seek proper recourse when these rights are violated.

Ultimately, a healthy workplace environment is beneficial not just for the employees’ well-being and morale but also for productivity and social harmony. By being informed and proactive, all stakeholders can significantly reduce the incidence of workplace harassment and bullying in the Philippines.

Disclaimer

This article is intended to provide general information on workplace harassment and bullying in the Philippines and does not constitute legal advice. For specific legal concerns or questions, it is best to consult a licensed attorney or official government agency for tailored guidance.