Dear Attorney,

I am working in a company where I feel that our team leader is overstepping their role and creating a toxic work environment. They act in an entitled manner, as if they have ownership over us, and I’m unsure of the best steps to take to address this issue. Can this behavior be reported to the appropriate authorities, and what are my options under Philippine law?

Concerned Employee

Insights

Harassment in the workplace, particularly by individuals in positions of authority, is a serious matter under Philippine labor laws. In the Philippines, workplace harassment is governed primarily by the Labor Code of the Philippines, which mandates that employers provide a safe and healthy working environment for all employees. Specifically, harassment, whether physical, verbal, or psychological, that affects the dignity or performance of an employee is prohibited.

Types of Harassment Recognized Under Philippine Law

Sexual Harassment – This is one of the most recognized forms of harassment and is governed by Republic Act No. 7877, also known as the Anti-Sexual Harassment Act. It applies when a superior takes advantage of their position and exerts unwelcome behavior of a sexual nature towards subordinates.
Workplace Bullying and Psychological Harassment – Although not as specifically defined as sexual harassment, workplace bullying, and psychological harassment fall under broader obligations of employers to prevent abuse. Any behavior that demeans, belittles, or creates a hostile working environment may qualify as harassment. It is illegal for an employer, supervisor, or any employee to abuse authority or power over others to create such an environment.
Constructive Dismissal – In extreme cases, persistent harassment can lead to what is known as constructive dismissal, wherein an employee is forced to resign because the working conditions become unbearable. Constructive dismissal can give rise to claims for illegal dismissal if the employee can prove that the environment was intolerable due to the employer's or supervisor's actions.

What Can an Employee Do?

If an employee believes they are being harassed by their team leader or any other person in authority, there are several steps they can take:

Internal Grievance Mechanisms – Most companies have internal grievance procedures in place. Employees are encouraged to report their concerns to the Human Resources (HR) department, which should then conduct an investigation into the allegations of harassment.
Filing a Complaint with the Department of Labor and Employment (DOLE) – If the internal mechanisms do not resolve the issue, the employee can escalate the complaint to the DOLE. The DOLE has the authority to investigate claims of harassment and can impose sanctions on the employer if violations are found.
Filing a Civil or Criminal Case – Depending on the nature and severity of the harassment, the employee may also choose to file a case in court. Civil cases can be filed for damages, while criminal charges may be brought if the harassment involves threats, coercion, or physical harm.

It is important for employees to document incidents of harassment, including keeping records of communications, emails, or any witnesses to the behavior. This evidence will be crucial if a formal complaint is filed.

Conclusion

Harassment by a supervisor or any individual in authority is a violation of the right to a safe and healthy workplace. Employees have several legal remedies under Philippine law, and addressing the issue promptly can prevent further harm. If the company's internal procedures do not adequately address the problem, external recourse through DOLE or the courts is available. Consulting with a lawyer specializing in labor law is also advisable to guide the next steps.