Dear Attorney,
I am writing to seek your advice regarding a workplace harassment incident. I have been experiencing repeated harassment from a colleague, and the situation has significantly affected my work environment and personal well-being. I would like to file a formal harassment complaint, but I am unsure of the legal process involved, especially regarding the necessary evidence and steps to take. Could you kindly guide me on how to proceed with filing a harassment case in the Philippines? Any information on what to expect during the process would be greatly appreciated.
Sincerely,
An Employee in Need of Assistance
Insights
In the Philippines, harassment cases in the workplace fall under various legal frameworks, including the Labor Code, the Safe Spaces Act (RA 11313), and Anti-Sexual Harassment Act (RA 7877). Filing a harassment complaint requires understanding both the legal definitions of harassment and the proper steps to pursue a claim.
1. Types of Harassment
There are several forms of harassment covered by Philippine laws, including:
- Sexual harassment: Governed by RA 7877, this pertains to any unwelcome sexual advances, requests for sexual favors, or verbal or physical behavior of a sexual nature that affects an individual’s employment, job performance, or work environment.
- Workplace bullying or psychological harassment: Repeated hostile or unwanted behavior that creates an intimidating, hostile, or offensive work environment.
- Gender-based harassment: Under the Safe Spaces Act (RA 11313), this includes inappropriate remarks or behavior, which could be verbal, physical, or emotional in nature, targeting someone based on gender or sexual orientation.
2. Steps in Filing a Harassment Complaint
Here is a step-by-step guide to filing a harassment case in the Philippines:
Gather evidence: Document all incidents of harassment, including dates, times, and specific actions. Emails, messages, and witness accounts may be crucial in proving your case.
Inform your employer: Under RA 7877, employers are mandated to establish policies against sexual harassment in the workplace. This includes setting up a committee or a mechanism to address complaints. File an internal report with your employer's designated committee.
File a complaint with the Department of Labor and Employment (DOLE): If internal resolution mechanisms do not yield favorable results, you may seek help from DOLE. They handle workplace disputes and may intervene in cases of harassment under labor standards.
File a criminal complaint: Harassment, especially sexual harassment, can also be pursued criminally. File a complaint with the prosecutor’s office in your area. The prosecutor will determine if there is enough evidence to proceed with a criminal case.
3. Consequences for Employers and Offenders
The Anti-Sexual Harassment Act and the Safe Spaces Act both hold employers accountable for not addressing harassment complaints properly. Companies may be penalized for failing to create a safe workplace, and individuals found guilty of harassment can face both administrative sanctions and criminal penalties, which may include fines, imprisonment, or both.
4. Timeline and Resolution
Workplace harassment cases can take time to resolve, especially if they escalate to criminal court. However, RA 7877 encourages internal resolution within companies. Employers should act on complaints swiftly, and if the case proceeds to criminal courts, decisions typically depend on the availability of evidence and witness testimony.
5. Seeking Legal Counsel
Given the potential complexity of a harassment case, seeking the assistance of a lawyer who specializes in labor law and workplace harassment will be beneficial. A legal expert can help guide you through the process, ensure your complaint is properly documented, and represent you in any legal proceedings.
In summary, the law in the Philippines provides several avenues for addressing workplace harassment. As an employee, your rights are protected under the country's labor laws, and it is essential to document the harassment and follow the prescribed procedures for filing complaints. Legal counsel can be a critical ally in navigating this process and ensuring that justice is served.