Dear Attorney,
I am currently employed by a company where I experienced a deeply distressing incident involving my employer. During a heated discussion, my boss insulted me by saying that they did not care whether my mother, sister, brother, or any other family member would die today or tomorrow. This caused me significant emotional distress, and I believe this constitutes harassment. I am unsure how to proceed, and I would like to know if there is any legal action I can take against my employer for this offensive and hurtful remark. What are my options under Philippine law to protect myself from this kind of treatment?
Sincerely,
A Concerned Employee
Insights
In the Philippines, verbal abuse and insensitive statements by an employer, such as what you have described, may be classified as a form of psychological harassment or verbal abuse. Under the Philippine Labor Code and related laws, employees have the right to a work environment free from abuse, whether physical or psychological.
The Civil Code of the Philippines, specifically Article 19, emphasizes that every person must act with justice, give everyone their due, and observe honesty and good faith. This includes the employer-employee relationship. Additionally, Article 21 of the Civil Code provides that any person who willfully causes another person moral harm or injury may be held liable for damages. Your employer’s statement could be considered a violation of this provision, as the remark demonstrates a lack of good faith and could inflict moral distress upon you.
Further, the Anti-Bullying Act of 2013, while primarily directed toward educational institutions, reflects the growing concern in the Philippines regarding bullying and harassment. There is also the general principle of protecting human dignity and promoting social justice embedded in our laws, and an employer is expected to uphold these principles in the workplace.
If you are looking to pursue legal action, your options may include filing a formal complaint with the Department of Labor and Employment (DOLE) for workplace harassment. This would initiate an investigation into the matter, and your employer may be subject to disciplinary actions if found guilty of misconduct.
Another option is to pursue a civil case for damages under the Civil Code. This would allow you to seek compensation for the emotional distress caused by your employer’s statements. However, gathering evidence, such as witnesses or documentation of the incident, would be crucial to support your case.
Lastly, you may wish to consider seeking advice from your company’s human resources department to formally document the incident. In many cases, companies have policies in place to deal with harassment internally.
In any case, it is important to consult with a lawyer to assess the specific details of your situation and to ensure your legal rights are fully protected. An attorney can guide you through the process and help determine the best course of action for your particular circumstances.