Letter Seeking Legal Advice

Dear Attorney,

I hope this letter finds you well. I am reaching out for advice regarding a matter that has been causing me great distress in my workplace. For some time now, my immediate superior has been consistently shouting at me and hurling verbal abuses, including profane language, directed towards me. This behavior occurs even in situations where there is no legitimate reason to be angry. Unfortunately, this frequent hostility has resulted in significant anxiety and fear on my part, to the point that I am apprehensive whenever I see this person.

I am writing to you to seek guidance on how I might handle this situation legally. I would appreciate any advice on what steps I can take to protect myself, both from a legal standpoint and in terms of safeguarding my mental and emotional well-being.

Thank you for your assistance.

Sincerely,
A Concerned Employee

Legal Protections Against Workplace Verbal Abuse in the Philippines

The situation described above raises serious concerns under Philippine law, as it touches upon labor rights, the prohibition against workplace abuse, and the potential criminal liabilities that an employer or superior may face for such behavior. Employees in the Philippines are entitled to a work environment that is respectful and free from harassment. In light of the situation shared, this article will thoroughly explore the legal recourses available to employees who are subject to verbal abuse in the workplace.

1. The Concept of Verbal Abuse in the Workplace

In the context of Philippine labor law, verbal abuse refers to any unwelcome behavior where a person is subjected to harsh, derogatory, or offensive language. Such conduct creates an intimidating, hostile, or abusive environment that can interfere with the employee’s work performance, personal dignity, and overall well-being.

Verbal abuse may include, but is not limited to, the following:

Repeatedly shouting at an employee,
Using vulgar or offensive language,
Insults, threats, or degrading remarks,
Unreasonable criticism or personal attacks.

The type of behavior described in the letter—where an employer shouts and curses at an employee—falls under the broad category of workplace harassment and can be a form of psychological or emotional abuse.

2. Philippine Laws Relevant to Workplace Abuse

There are several legal frameworks in the Philippines that provide employees protection against abusive treatment, including verbal abuse, by their superiors. These laws give workers the right to seek redress and ensure that such conduct does not go unpunished.

A. Labor Code of the Philippines (Presidential Decree No. 442)

The Labor Code, as the primary legal framework governing employment in the Philippines, provides employees with general protection from abusive actions by employers. While the Labor Code does not explicitly mention “verbal abuse,” it imposes upon employers the duty to respect the rights and dignity of employees and refrain from conduct that could cause undue harm.

Article 282 of the Labor Code provides grounds for an employee to terminate their employment on account of employer misconduct. Specifically, it recognizes “insult by the employer” or actions that are so serious that they affect the moral and physical well-being of the employee as just cause for resigning with the right to claim separation pay.

B. The Civil Code of the Philippines (Republic Act No. 386)

The Civil Code, which covers a broader range of legal relations, also provides protection against abusive behavior in the workplace under the general principles of human dignity and respect for the rights of others.

Under Article 19 of the Civil Code, "every person must, in the exercise of his rights and the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith." Persistent verbal abuse may also constitute a violation of Article 26, which states that “every person shall respect the dignity, personality, privacy, and peace of mind of his neighbors and other persons.”

An employee who is verbally abused by their superior can potentially file a civil case for moral damages under Article 2219 of the Civil Code if they can prove that the employer’s abusive conduct caused them mental anguish, emotional distress, and suffering.

C. Anti-Bullying and Harassment Policies under Labor Law

The Department of Labor and Employment (DOLE) has been proactive in ensuring that workers are protected from harassment in the workplace. Under DOLE's policies, employers are encouraged to implement anti-bullying policies in the workplace to prevent the occurrence of abusive practices, including verbal abuse.

While no specific law exists yet regarding workplace bullying in private sectors, DOLE has issued DOLE Department Order No. 208-20, which reinforces the concept of a safe and healthy working environment under the Occupational Safety and Health (OSH) Standards. The OSH law requires that employers maintain a workplace that promotes not only physical but also mental and emotional well-being, which could be interpreted to cover protection from verbal abuse.

D. Workplace Harassment and Criminal Laws

Verbal abuse may also fall under the category of workplace harassment and, in extreme cases, may result in criminal charges. If the verbal abuse includes threats of harm or unprovoked insults in public, it may constitute a crime under the Revised Penal Code of the Philippines.

For instance, grave threats (Article 282) and unjust vexation (Article 287) are crimes punishable under the Revised Penal Code. Unjust vexation refers to any human conduct, without being violent, that unjustifiably annoys or vexes another person. Repeated verbal abuse in the workplace could easily fall under this category, and a criminal complaint may be filed if the abusive behavior persists.

3. Employer's Duty to Provide a Safe and Respectful Workplace

Philippine employers are legally bound to provide a safe and respectful work environment. Article 1700 of the Civil Code expressly provides that “the relation between capital and labor are not merely contractual. They are so impressed with public interest that labor contracts must yield to the common good.” This means that employers must maintain working conditions that do not harm the well-being of their employees.

Employers who fail to address or actively contribute to a hostile work environment through verbal abuse may be found liable for unfair labor practices and civil damages.

4. Options for Employees Facing Verbal Abuse

An employee facing verbal abuse from their superior has several legal avenues they can pursue:

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

One of the first steps an employee can take is to file a formal complaint with the DOLE. The DOLE’s role is to mediate disputes and ensure compliance with labor laws, and it can order the employer to rectify any abuses.

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

If the employee decides to file a case for constructive dismissal or claim damages for verbal abuse, they can file a complaint with the NLRC. The concept of constructive dismissal arises when an employee feels compelled to resign due to the employer's hostile behavior, such as verbal abuse, which makes continued employment unbearable. In such cases, the employee may be entitled to separation pay, back wages, and other benefits.

C. Filing a Civil Case for Damages

In cases where the employee has suffered significant emotional and mental anguish, they may opt to file a civil case for damages, including moral damages, against the employer or supervisor. The Civil Code allows for claims of compensation when a person's dignity or psychological well-being is harmed due to another person’s unlawful actions.

D. Filing a Criminal Complaint

If the verbal abuse involves threats or escalates to unjust vexation or similar crimes, the employee may also file a criminal complaint. This requires documentation of the abusive behavior, such as witness statements, recordings (if permissible), and other forms of evidence.

5. How to Document and Strengthen Your Case

Employees seeking to take legal action against their verbally abusive employer should meticulously document each instance of the abusive behavior. Documentation may include:

Dates and times of incidents,
Detailed descriptions of the abuse,
Witness statements from colleagues or other employees,
Any written communications that show hostility (e.g., emails, text messages),
Medical or psychological reports (if applicable) showing the impact on the employee’s health.

It is important for the employee to gather as much evidence as possible to build a strong case, whether pursuing legal recourse through DOLE, NLRC, or the courts.

Conclusion

Verbal abuse in the workplace is a serious matter that Philippine labor laws aim to prevent and remedy. Employees subjected to such treatment are entitled to various legal protections and remedies. Whether through administrative complaints, labor cases, or civil actions, the law recognizes the need to protect workers from unjust treatment and ensure they can work in a dignified, respectful environment. If you or someone you know is experiencing such abuse, seeking legal counsel is a vital step in understanding and asserting your rights.

This comprehensive legal overview is intended to help employees facing abusive behavior in the workplace understand their rights and options. However, every case is unique, and it is always best to consult a legal professional to discuss the specifics of any situation.