Dear Attorney,

I hope this letter finds you well. I am writing to seek your advice regarding an issue at my workplace that involves what I believe to be verbal harassment. I would like to gain a deeper understanding of what actions or language are considered verbal harassment under the Labor Code of the Philippines. While I am aware that the law addresses various forms of harassment, I would appreciate your guidance on what specific words, phrases, or behaviors could be classified as verbal harassment within the workplace setting.

It would also be helpful to understand what remedies or actions an employee can take if subjected to such harassment. I look forward to your legal insight on this matter.

Thank you for your time and assistance.

Sincerely,
An Employee Seeking Guidance

A Comprehensive Guide on Verbal Harassment Under Philippine Labor Law

In the context of labor relations in the Philippines, harassment in all its forms, including verbal harassment, is a critical concern for both employers and employees. The Labor Code of the Philippines, Republic Act No. 7877 (also known as the Anti-Sexual Harassment Act), and various other laws provide the legal framework to ensure that employees are protected from any form of harassment, including verbal abuse in the workplace.

What Constitutes Verbal Harassment?

Verbal harassment refers to the use of language that demeans, belittles, threatens, or intimidates an employee, creating a hostile or offensive work environment. It may involve overt insults, derogatory remarks, inappropriate jokes, or even more subtle forms of manipulation or intimidation through language. In the workplace, verbal harassment can be directed at an employee’s gender, race, sexual orientation, religion, or other personal characteristics.

To understand how verbal harassment is treated under Philippine labor law, it is essential to break down the nature of harassment as defined under various legal provisions:

The Labor Code of the Philippines: While the Labor Code does not explicitly define verbal harassment, it provides a framework for addressing unfair labor practices and employer misconduct. Verbal harassment can be considered part of psychological abuse, which is actionable under broader labor protection laws.
Republic Act No. 7877 (The Anti-Sexual Harassment Act of 1995): Verbal harassment is often closely associated with sexual harassment. This law specifically addresses sexual harassment in the workplace and educational institutions. It defines sexual harassment as an act that involves "unwelcome sexual advances, requests for sexual favors, or other verbal or physical behavior of a sexual nature." Verbal harassment in this context includes lewd comments, inappropriate jokes, or any communication that demeans an individual based on their gender or sexuality.
Safe Spaces Act (Republic Act No. 11313): This law, also known as the “Bawal Bastos Law,” significantly broadens the scope of verbal harassment in the workplace. It covers gender-based harassment and extends to all forms of verbal, non-verbal, and online harassment, whether committed by superiors, co-workers, or even clients. It defines verbal harassment as any act that makes unwelcome remarks, comments, or insinuations about an individual’s gender or sexual identity. This includes catcalling, sexist remarks, or any language that contributes to a hostile or oppressive environment.

Forms of Verbal Harassment in the Workplace

Verbal harassment in the workplace can take many forms, including but not limited to:

Insults and Name-Calling: Repeated use of derogatory names or offensive language aimed at undermining an individual’s dignity and self-worth.
Derogatory Jokes or Remarks: Comments that make fun of someone’s appearance, gender, race, religion, or personal characteristics in a manner that causes humiliation or distress.
Threatening or Intimidating Language: Verbal threats of violence, job loss, or professional repercussions used to coerce or control an employee.
Sexually Charged Remarks: Inappropriate comments of a sexual nature, which may include unwelcome flirtation, crude jokes, or remarks about an employee’s body or personal life.
Mocking or Mimicking: Imitating or mocking an employee’s speech, accent, or mannerisms in a way that belittles or humiliates them.
Spreading False Information: Engaging in verbal behavior that involves spreading malicious rumors or false statements about a colleague, thereby damaging their reputation or professional standing.
Manipulative Communication: Using manipulative language to create feelings of guilt, inferiority, or confusion, especially when tied to job performance or compliance with questionable instructions.

Legal Framework for Addressing Verbal Harassment

In the Philippines, an employee subjected to verbal harassment has multiple avenues for redress, depending on the nature of the harassment:

Filing a Complaint with the Department of Labor and Employment (DOLE): Employees may file a complaint with the DOLE if they believe their employer has failed to prevent or address harassment. DOLE’s jurisdiction includes investigating and resolving labor disputes, including those involving workplace harassment.
Internal Company Grievance Mechanisms: Most companies, particularly those with employee handbooks, include internal procedures for filing complaints regarding harassment. Employees should consult their company’s policies to initiate an internal grievance process. If this fails or if the company’s response is inadequate, external legal avenues may be pursued.
Filing a Criminal Case: In severe cases, especially those involving threats of violence or gender-based harassment, employees can file a criminal complaint under the Safe Spaces Act or the Anti-Sexual Harassment Act. Criminal sanctions may include fines and imprisonment for the harasser.
Civil Action for Damages: An employee may also file a civil case for damages if the harassment has caused them emotional distress, loss of income, or other forms of personal or professional harm. Article 19 of the Civil Code of the Philippines allows for damages when a person’s rights are violated, and the offender acts in bad faith.

Employer Responsibility and Liability

Employers have a duty under Philippine law to maintain a safe and respectful workplace. They are required to implement measures to prevent harassment and address it promptly when it occurs. Employers may be held liable if they fail to act on complaints of verbal harassment, or if they create or allow a hostile work environment. Failure to establish clear policies against harassment or to enforce them can expose an employer to legal action, both from the aggrieved employee and from government agencies tasked with protecting labor rights.

Prevention and Training

To reduce the incidence of verbal harassment in the workplace, companies are encouraged to implement proactive measures, including:

Anti-Harassment Policies: Clear, written policies that define harassment, outline reporting procedures, and specify disciplinary actions for offenders.
Employee Training: Regular training sessions to raise awareness about what constitutes harassment and the importance of respectful communication.
Zero-Tolerance Policy: A strict no-tolerance approach to any form of harassment, ensuring that offenders are disciplined promptly and appropriately.
Reporting Mechanisms: Confidential and accessible channels for employees to report harassment without fear of retaliation.
Workplace Investigations: Employers should conduct prompt and impartial investigations into complaints of harassment to prevent escalation and to protect all parties involved.

Remedies Available to Victims of Verbal Harassment

Employees who experience verbal harassment may pursue several remedies, depending on the gravity of the offense:

Administrative Sanctions: Offenders may face disciplinary action within the company, including suspension, demotion, or termination.
Monetary Compensation: In cases where harassment leads to emotional distress or economic losses, an employee may be entitled to compensation for damages. This may include back pay, front pay, or compensatory damages for emotional suffering.
Criminal Penalties: If the verbal harassment constitutes a criminal offense under laws like the Safe Spaces Act, the harasser may face fines and imprisonment.
Job Reinstatement or Transfer: In cases where the harassment leads to unjust dismissal or resignation, the employee may be entitled to reinstatement or transfer to a safer work environment.

Conclusion

Verbal harassment is a serious workplace issue that has far-reaching consequences for both employees and employers. Philippine labor law provides various avenues for addressing and remedying such harassment, whether through internal company mechanisms, administrative bodies, or the court system. Employees are encouraged to familiarize themselves with their rights and to seek legal advice if they believe they are being subjected to verbal harassment. Employers, on the other hand, should take proactive steps to prevent harassment, ensuring a safe and respectful workplace for all employees.

The legislative framework, combined with proactive employer practices, serves to protect the dignity and well-being of employees, ensuring that verbal harassment has no place in the modern Philippine workplace.