Dear Attorney,

I would like to seek your advice regarding an incident I experienced during office hours. A co-worker physically assaulted me, and while I have already reported this matter to our Human Resources (HR) department, they seem to be defending the accused. I feel that my concern is not being taken seriously, and I am unsure of what legal actions I can pursue in this situation. Could you please provide insight into my chances of holding the co-worker accountable, especially considering HR’s current stance?

Concerned Employee

Insights

When addressing workplace assault, several laws in the Philippines offer protection for employees. Physical assault in the workplace is a serious concern, and it falls under both labor laws and, potentially, criminal law. Regardless of HR's position, the law remains clear: no employee should be subject to violence or harassment in their workplace.

First, it is essential to determine if this incident constitutes a criminal act. The Revised Penal Code of the Philippines includes provisions for physical injuries and unjust vexation, which may apply depending on the severity of the assault. If the actions caused physical harm, you may pursue a criminal case by filing a complaint with the police or the Prosecutor's Office.

However, even without physical injuries, workplace harassment or bullying may still be actionable under Philippine labor laws. The Occupational Safety and Health Standards (OSHS) Act requires employers to maintain a safe and healthy working environment, which includes being free from violence. Under this law, the Department of Labor and Employment (DOLE) holds employers accountable for ensuring workplace safety. You may file a formal complaint with DOLE if your company, through its HR department, fails to properly address the assault.

Moreover, if the HR department is defending the accused instead of acting neutrally or investigating the incident thoroughly, this could be considered a failure to uphold the company’s duty of care to its employees. Depending on your company’s internal policies, HR's actions—or inaction—could lead to sanctions against the employer. Ensure you have documented any communication with HR, as this will support your case if you need to escalate it.

Your chances of holding the co-worker accountable largely depend on the following factors:

Evidence of the Assault: Gather as much documentation as possible—witness accounts, CCTV footage (if available), and medical records (if there were injuries). This evidence will be critical whether you pursue criminal, labor, or civil remedies.
Company Policies: Review your company’s handbook or code of conduct to identify policies on workplace violence and harassment. HR should be following these policies to address your complaint impartially.
DOLE Complaint: If HR fails to resolve the issue fairly, you can file a complaint with DOLE, which will investigate the company’s handling of the matter.

In sum, HR's defense of the accused does not invalidate your right to pursue justice. You have multiple avenues for addressing the situation, and I encourage you to take further steps to protect your rights under both labor and criminal laws.