Workplace Verbal Abuse and Slander by Employer: Legal Remedies for Employees

Workplace Verbal Abuse and Slander by an Employer: Legal Remedies for Employees in the Philippines

Disclaimer: The information provided in this article is for general informational purposes only and should not be construed as legal advice. For any specific concerns, it is best to consult a licensed attorney.

I. Introduction

Workplace verbal abuse and slander—often referred to collectively as forms of harassment or defamation—are serious matters. In the Philippines, employees have legal rights and remedies under various statutes and regulations when subjected to verbal abuse or slander by an employer. Whether the abusive remarks are made in a one-on-one setting, publicly in the office, or via digital communications, employees can seek redress through the labor tribunals and the regular courts.

This article provides an in-depth discussion on:

  1. Definitions and distinctions between verbal abuse and slander.
  2. Relevant Philippine laws.
  3. Labor and civil remedies.
  4. Criminal aspects (slander under the Revised Penal Code).
  5. Practical steps to address and report such conduct.

II. Defining Workplace Verbal Abuse

Verbal abuse in the workplace commonly entails the use of hostile or offensive language directed at an employee. This may include:

  • Insults or name-calling.
  • Persistent criticism that is personal rather than job-related.
  • Shouting or yelling in a manner intended to degrade or humiliate.
  • Threats, intimidation, or other forms of emotional coercion.

Verbal abuse may be directed at the employee in private or in public. In either case, it undermines the victim’s dignity, mental well-being, and professional standing.

Indicators of Verbal Abuse

  1. Repetitive nature: Consistent harassment or insults that go beyond an isolated incident.
  2. Intent to demean: Language that is clearly aimed to belittle or embarrass.
  3. Effect on the employee: Anxiety, stress, fear of going to work, lowered self-esteem, or even physical health problems due to emotional distress.

III. Defining Slander (Oral Defamation) Under Philippine Law

While verbal abuse is a broad term encompassing any offensive or humiliating utterances, slander (also known as oral defamation) has a more specific legal meaning under the Revised Penal Code of the Philippines.

  1. Slander or Oral Defamation – Under Articles 353 and 358 of the Revised Penal Code, defamation is the public and malicious imputation of a crime, vice, or defect—real or imaginary—that can cause dishonor, discredit, or contempt to a person. When spoken, it is termed slander (or oral defamation).
  2. Grave Slander vs. Simple Slander – The penalty depends on the gravity of the imputation, how it was said, and the effect on the offended party. Grave slander is more serious (e.g., a malicious accusation of a serious crime made in a public gathering) than simple slander.

For an act to constitute slander:

  • The statement must be malicious.
  • It must be defamatory (injurious to one’s reputation).
  • It must be directed at a specific person or entity.

IV. Relevant Philippine Laws and Regulations

  1. 1987 Philippine Constitution

    • The Constitution upholds the right of all workers to "humane conditions of work" and ensures that labor is treated with dignity. Verbal abuse runs counter to this constitutional protection.

  2. Labor Code of the Philippines

    • Although the Labor Code does not explicitly list “verbal abuse” as a prohibited act, it contains broad provisions on security of tenure, just causes for termination, and the employer’s duty to respect employee rights.
    • Verbal abuse could serve as a basis for constructive dismissal if it creates such unbearable working conditions that an employee is forced to resign.

  3. Civil Code of the Philippines

    • Recognizes the right of individuals to be free from injury to their rights (including dignity and reputation).
    • Articles 19, 20, and 21 of the Civil Code provide for liability in cases of abuse of rights and quasi-delicts (torts). An employee subjected to verbal abuse or slander may seek damages under civil law.

  4. Revised Penal Code (RPC)

    • Articles 353, 355, 358 govern defamation (libel when written, slander when spoken).
    • If the employer’s statements fulfill the elements of slander, they may be criminally liable.

  5. Anti-Bullying and Anti-Harassment Policies

    • While the Philippines has specialized laws against sexual harassment (e.g., the Safe Spaces Act and the Anti-Sexual Harassment Act), there is no standalone law on workplace bullying for all forms of abuse. However, many companies adopt anti-bullying and harassment policies internally.

V. Impact on Employees and the Organization

  • Emotional Distress: Victims often experience anxiety, depression, and decreased self-esteem.
  • Lower Productivity: A hostile work environment reduces morale and productivity.
  • High Turnover: Talented employees may leave, leading to higher recruitment costs for the company.
  • Legal and Financial Risks: Employers face possible penalties, damage claims, and reputational harm.

VI. Legal Remedies under Labor Law

1. Filing a Complaint with the Department of Labor and Employment (DOLE)

An employee may initially seek guidance from the DOLE, especially when the verbal abuse affects terms and conditions of employment (e.g., non-payment of benefits tied to the harassment, or a situation approaching constructive dismissal). Though DOLE does not directly adjudicate illegal dismissal or harassment claims (those go to the National Labor Relations Commission or labor arbiters), DOLE officers can mediate between parties in certain disputes.

2. Filing a Labor Case with the National Labor Relations Commission (NLRC)

If an employee believes they have been constructively dismissed—meaning the working conditions became so intolerable that they were forced to resign—they can file a complaint for illegal dismissal before the NLRC. Verbal abuse can be one of the grounds an employee cites to argue that the employer’s conduct rendered continued employment impossible.

  • Constructive Dismissal: Generally requires proof that the employer’s actions were so hostile or unbearable that a reasonable person would resign.
  • Reliefs: Reinstatement (if feasible), full back wages, and in some cases moral and exemplary damages.

3. Company Grievance Mechanisms

Many medium-to-large enterprises have internal grievance procedures or employee relations offices. Employees are advised to document incidents and file formal complaints through these channels. If the matter remains unresolved internally, the employee can escalate to external processes (NLRC, courts).

VII. Civil Remedies (Damages Suits)

Under Articles 19, 20, and 21 of the Civil Code, an injured party can claim damages if they can establish abuse of right or a quasi-delict that caused harm. The plaintiff (employee) must show:

  1. Legal right violated – e.g., reputation or dignity.
  2. Act or omission by the employer – the verbal abuse or defamatory statements.
  3. Damages – including emotional distress, mental anguish, and reputational harm.
  4. Causation – the employer’s conduct directly caused the damage.

If successful, the court may award:

  • Moral Damages – for mental suffering, anxiety, or similar harm.
  • Nominal Damages – to vindicate or recognize a violated right.
  • Exemplary Damages – if the act was done with gross negligence, bad faith, or wanton disregard for the employee’s rights.
  • Attorney’s Fees – at the discretion of the court.

VIII. Criminal Remedies: Slander (Oral Defamation)

  1. Filing a Criminal Complaint

    • The employee can file a complaint for slander with the Office of the City or Provincial Prosecutor.
    • The prosecutor will determine if there is probable cause to charge the employer.

  2. Elements to Prove

    • The statement was spoken or uttered.
    • It was defamatory.
    • It was made publicly or in the presence of a third person.
    • There was malice on the part of the employer.
    • The complainant (employee) was identifiable and the statement referred to them.

  3. Possible Penalties

    • Under Article 358 of the Revised Penal Code, if found guilty, the penalty may range from arresto mayor (one month and one day to six months imprisonment) to fines, depending on whether the slander is considered grave or simple.

  4. Defenses of the Accused (Employer)

    • Justifiable Motive or Truth: If the statement was factual and uttered without malice, it might serve as a defense.
    • Qualified Privilege Communication: Certain communications made in performance of a legal, moral, or social duty (if done without malice) may not be actionable.

IX. Practical Steps for Employees

  1. Document Everything

    • Record the date, time, place, and exact words used.
    • Keep messages, emails, or any recordings (if lawfully obtained) that can support your claim.

  2. Identify Witnesses

    • Gather statements from colleagues or other individuals who heard or observed the verbal abuse.

  3. Report Internally

    • File a complaint through the company’s HR department or grievance committee.
    • Request a written response to ensure there is a paper trail.

  4. Seek Legal Advice

    • Consult with a labor lawyer or the Public Attorney’s Office (if qualified) to evaluate the merits of the case.

  5. Consider Mediation or Conciliation

    • DOLE’s Single Entry Approach (SEnA) offers a mandatory 30-day conciliation-mediation to settle labor disputes amicably.

  6. File Appropriate Legal Actions

    • For labor disputes (constructive dismissal, harassment claims): proceed to the NLRC or DOLE.
    • For defamation (slander): file a criminal complaint with the prosecutor’s office and/or a civil suit for damages.

  7. Take Care of Your Well-being

    • Seek support from mental health professionals, family, and friends.
    • Document how the abuse affects your health and daily life, as this could be relevant in a claim for damages.

X. Employer Liability and Obligations

  • Vicarious Liability: Under some circumstances, a company could be held liable if a supervisor or manager verbally abuses an employee within the course of official duties or with the employer’s authorization.
  • Duty to Maintain a Safe Work Environment: Employers are obligated to ensure the dignity and welfare of workers. Failure to prevent or correct abusive behavior can lead to liability.
  • Possible Disciplinary Action: If an employer or supervisor is found guilty of violating company policy or the law, they may face disciplinary action up to and including dismissal or criminal penalties.

XI. Frequently Raised Issues and Clarifications

  1. Does an Isolated Incident Count as Verbal Abuse or Slander?

    • In labor disputes, a single incident of extreme abuse might suffice to show a hostile environment, though repetitive behavior strengthens the case. For slander, even a single defamatory utterance may constitute a criminal or civil offense if all elements are proven.

  2. Can the Truth Be a Defense?

    • For slander, truth is generally a defense if the statement is made without malice and with justifiable ends. However, if the statement was made in a malicious manner, even if true, it could still incur liability.

  3. How Long Do I Have to File a Complaint?

    • Labor Complaints: Generally, a complaint must be filed within four years for money claims, and within four years of constructive dismissal. For administrative or policy-based claims, consult the relevant DOLE guidelines.
    • Criminal Slander: The prescriptive period is generally six months for oral defamation punishable by arresto mayor, but can vary. Checking with a lawyer on specifics is crucial.

  4. What if the Employer Retaliates After I File a Complaint?

    • Retaliation or reprisal can be an additional cause for a labor complaint or an act punishable by law. Employees should keep a record of retaliatory acts.

XII. Conclusion

Verbal abuse and slander in the workplace can have far-reaching consequences on an employee’s mental well-being, reputation, and career trajectory. In the Philippines, employees are protected by constitutional, labor, civil, and criminal laws that collectively uphold the dignity and rights of workers.

Those facing verbal abuse or slander from an employer should:

  • Document incidents meticulously.
  • Use internal grievance mechanisms where available.
  • Seek assistance from DOLE, the NLRC, or the courts if internal resolution fails.
  • Consult an attorney to tailor a strategy that aligns with their specific situation.

Ultimately, a fair and respectful work environment benefits not just employees, but also employers by fostering higher productivity, better morale, and reduced legal risks.

This article is intended for general information and does not substitute for professional legal counsel. If you believe you have been a victim of verbal abuse or slander in the workplace, consult an attorney to review the specific facts and applicable laws.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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