Below is a comprehensive overview of the legal framework, key concepts, procedures, and remedies for workplace harassment under Philippine law. This write-up covers constitutional foundations, statutory provisions, implementing rules and regulations, as well as best practices and enforcement mechanisms.

1. Constitutional Foundations

1.1. Right to Dignity, Equality, and Safe Working Conditions

1987 Philippine Constitution
- Article II, Section 11: Declares that the State values the dignity of every human person and guarantees full respect for human rights.
- Article XIII, Section 3: Recognizes the rights of workers to a “just share” in the fruits of production, safe working conditions, and economic security.

These constitutional mandates shape legislation and reinforce the protection of workers’ dignity in the workplace.

2. Key Statutory Provisions

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

Enacted in 1995, RA 7877 expressly addresses “sexual harassment” in employment and training environments. It established core definitions and set forth frameworks for complaint procedures and penalties.

a. Definition
Under RA 7877, sexual harassment occurs when a person who has authority, influence, or moral ascendancy over another in a work or training environment demands, requests, or otherwise requires sexual favors. Key factors include:

The offender’s authority or ascendancy over the victim (e.g., a supervisor-employee relationship).
The harassment may involve a direct or implied demand for sexual favors.
It could result in unfavorable or favorable treatment in terms of hiring, promotion, or continued employment depending on compliance or rejection of the demand.

b. Coverage

Covers employees in private companies, government offices, and educational/training institutions.
Emphasizes that superiors, or any person with moral ascendancy, can be held liable when they commit sexual harassment.

c. Penalties

Administrative liability: The offender may be subjected to disciplinary actions under company rules or civil service rules for government employees.
Civil liability: Victims may file a separate civil case for damages.
Criminal liability: Violators face fines ranging from PHP 10,000 to PHP 20,000 and/or imprisonment of not less than one month and not more than six months.

d. Company Policy Requirement
All employers or heads of offices are required to develop and promulgate guidelines or rules against sexual harassment. These are typically outlined in employee handbooks or workplace codes of conduct.

2.2. Safe Spaces Act of 2019 (Republic Act No. 11313)

Often referred to as the “Bawal Bastos” Law, RA 11313 expanded protections against gender-based harassment in both public spaces and workplaces.

a. Expanded Definition of Harassment

Gender-based sexual harassment in the workplace includes conduct that is sexist, homophobic, transphobic, or otherwise discriminatory, and may not necessarily be limited to a superior-subordinate relationship.
Examples include sexist or homophobic remarks, persistent unwanted sexual advances, leering, or intrusive comments on one’s appearance.

b. Workplace Coverage

All persons in the workplace—supervisors, rank-and-file employees, customers, and other third parties—can potentially be held liable for harassment.
The law removes the requirement that the offender must have “moral ascendancy,” hence protecting employees from colleagues, subordinates, or clients/visitors.

c. Duties of Employers

Adopt a comprehensive “Code of Conduct” or “Anti-Sexual Harassment Policy.”
Create internal grievance mechanisms to handle complaints (confidential channels, designated committees, or officers to investigate).
Undertake educational and awareness initiatives, such as trainings or seminars for all employees regarding harassment laws and policies.

d. Penalties

Covers administrative, civil, and criminal liability, which can lead to fines, imprisonment, or both, depending on the severity and nature of the offense.
Provides that repeated offenders and those in positions of influence or authority can be held to stricter penalties.

2.3. Labor Code of the Philippines

While the Labor Code (Presidential Decree No. 442, as amended) does not explicitly define workplace harassment or sexual harassment in great detail, it provides the general framework for:

Employee discipline and termination
Workers’ rights to a safe and healthy workplace
Grievance machinery and labor dispute resolution

Employers are expected to maintain policies ensuring a work environment free from any form of harassment or abuse, consistent with the Labor Code's requirement to provide just working conditions.

3. Types of Workplace Harassment

Beyond sexual harassment, the concept of “workplace harassment” has evolved to encompass various forms of abusive conduct:

Psychological Harassment or Bullying
- Persistent and targeted attempts to demean, belittle, isolate, or intimidate an employee.
- Could lead to constructive dismissal claims if it is severe enough to force an employee to resign.
Racial or Ethnic Harassment
- Discriminatory or derogatory treatment based on race, color, ethnicity, or national origin.
- Although less frequently litigated in the Philippines compared to other jurisdictions, it may still be addressed under broader anti-discrimination policies in the workplace.
Disability or Health-Based Harassment
- Hostile treatment or verbal/written abuse referencing an individual’s disability, health condition, or perceived impairment.
- Violates the Magna Carta for Persons with Disability (RA 7277) if it constitutes discrimination.
Harassment Based on Sexual Orientation and Gender Identity or Expression (SOGIE)
- Includes derogatory remarks, slurs, or negative treatment on the basis of a person’s sexual orientation, gender identity, or expression.
- Covered under the Safe Spaces Act, which explicitly prohibits and penalizes gender-based harassment in the workplace.

4. Filing and Adjudication of Complaints

4.1. Internal Company Proceedings

Company Policy: As mandated under RA 7877 and RA 11313, every employer should have a written policy addressing sexual harassment and related complaints. This often includes:
- The creation of a committee or a designated officer (e.g., Committee on Decorum and Investigation or a Human Resources officer).
- Confidential complaint procedures.
- Timelines for investigation and resolution.
Steps to File:
1. Written Complaint: The victim or a representative files a formal complaint.
2. Investigation: The assigned committee or officer conducts interviews, reviews evidence, and may hold a hearing.
3. Resolution & Disciplinary Measures: If found liable, the offender faces penalties under the company’s code of conduct (e.g., suspension, termination).

4.2. Administrative Remedies (For Government Employees)

Civil Service Commission (CSC) has jurisdiction over government employees facing sexual harassment complaints.
The CSC sets its own rules (e.g., CSC Resolution No. 01-0940) on disciplinary cases, guiding the process from investigation to appeals.

4.3. Labor Arbiters and the National Labor Relations Commission (NLRC)

If the complaint involves illegal dismissal or constructive dismissal due to harassment, the employee may file a case with the NLRC.
The NLRC’s labor arbiters determine the lawfulness of termination or working conditions and can order reinstatement, back wages, or damages.

4.4. Criminal and Civil Actions

Criminal Complaint: Filed with the Office of the City Prosecutor or Municipal Trial Court, depending on the offense’s classification. For sexual harassment under RA 7877 or gender-based sexual harassment under RA 11313, the prosecutor will determine probable cause.
Civil Action: The victim may file a separate suit for damages (e.g., moral damages, exemplary damages) in the appropriate trial court (Regional Trial Court or Metropolitan Trial Court).

5. Remedies and Penalties

5.1. Administrative Sanctions

Suspension or dismissal under company policies or Civil Service Rules (if a government employee).
Fines and warnings as part of an organization’s internal disciplinary system.

5.2. Civil Damages

Moral Damages: Compensation for emotional suffering.
Exemplary Damages: Imposed to set an example or deter future wrongdoing.
Nominal or Actual Damages: Depending on provable loss or harm suffered by the complainant.

5.3. Criminal Penalties

Under RA 7877: Imprisonment from one (1) to six (6) months and/or a fine from PHP 10,000 to PHP 20,000.
Under RA 11313 (Safe Spaces Act): Penalties vary depending on the gravity and frequency, including possible imprisonment and steeper fines.

6. Prevention and Best Practices

6.1. Crafting Robust Policies

Employers must develop clear, zero-tolerance policies on workplace harassment, including definitions, scope, and procedures for filing complaints.
Policies should be regularly reviewed and updated to reflect legislative changes (e.g., any new rules under the Safe Spaces Act).

6.2. Employee Education

Conduct orientation and training sessions for all employees, focusing on:
- Defining harassment and related unacceptable behaviors.
- Explaining employees’ rights and the complaint procedures.
- Stressing confidentiality and non-retaliation policies.

6.3. Reporting Channels and Confidentiality

Provide multiple accessible and confidential channels (hotline, email, complaint box, designated officers) so victims feel safe to report harassment.
Emphasize that retaliation against complainants or witnesses is strictly prohibited and punishable.

6.4. Regular Monitoring and Evaluation

Periodically assess workplace culture and the efficacy of anti-harassment policies.
Encourage open dialogue and feedback mechanisms.

7. Future Directions and Ongoing Developments

Proposed Bills on Workplace Discrimination: There have been legislative proposals to broaden protections against discrimination in employment based on race, gender, sexual orientation, and disability.
Heightened Enforcement: Public awareness campaigns and more active government oversight underscore the commitment to robust enforcement of anti-harassment laws.
Increased Case Filings: The Safe Spaces Act has made it easier to file complaints that are not predicated solely on a superior-subordinate dynamic. More employees are coming forward, leading to evolving jurisprudence.

8. Conclusion

Workplace harassment laws in the Philippines are primarily anchored on the Anti-Sexual Harassment Act of 1995 (RA 7877) and the Safe Spaces Act of 2019 (RA 11313), both rooted in constitutional guarantees of dignity and respect. While the Labor Code provides general protections and enforcement mechanisms, the specific laws governing workplace harassment have imposed stringent obligations on employers to create a safe, respectful environment.

Key takeaways:

Broadened Scope: Harassment now covers not just superiors harassing subordinates but also peer-to-peer and third-party situations.
Mandatory Policies: Employers must institute clear guidelines for complaint, investigation, and resolution.
Heavier Penalties: Government laws have introduced steeper civil, administrative, and criminal liabilities for offenders.
Preventive Approach: Encouraging training, awareness, and a proactive stance to eradicate workplace harassment.

By understanding and complying with these laws, employers and employees alike can foster a more equitable and harassment-free workplace—one that respects the rights and dignity of all.