Workplace Harassment Involving a Co-Manager and General Manager

Dear Attorney,

I would like to seek your legal advice regarding a situation in my workplace. There has been an ongoing issue involving harassment between a co-manager and the General Manager. I am unsure how to proceed with this matter. Can you please guide me on the steps I can take to address this workplace harassment issue while protecting myself and my rights as an employee? Thank you.

A Concerned Employee

---

Insights

Workplace harassment is a serious issue under Philippine labor law, and there are several actions you can take to address it. As an employee, it is important to understand your rights and the procedures available to protect yourself and resolve the situation appropriately.

Under the Labor Code of the Philippines, specifically the provisions against unfair labor practices, all employees have the right to a safe and harassment-free workplace. Additionally, the Anti-Sexual Harassment Act of 1995 (Republic Act No. 7877) specifically addresses the issue of harassment in the workplace, defining it as a form of abuse of power, where the offender typically holds a position of authority over the victim.

To address this matter, here are the steps you may consider:

1. Document the Harassment
   It is crucial to keep detailed records of the harassment incidents. Include the dates, times, locations, and a description of what transpired, as well as any witnesses who may have observed the incidents. Documentation strengthens any future complaints or claims you may file.

2. Report the Incident to Human Resources (HR)
   Most companies have policies in place for handling workplace harassment. Reporting the matter to HR is an important first step. They are responsible for investigating workplace misconduct, including harassment. Submit a formal, written complaint that clearly outlines the details of the harassment.

3. Request an Investigation
   After filing a complaint, request that HR conduct a formal investigation. The company is required to take appropriate action, such as interviewing the individuals involved and any witnesses, and taking the necessary steps to prevent future incidents.

4. Check Your Company’s Anti-Harassment Policy
   Review your company’s handbook or code of conduct. It is likely that the company has specific procedures in place for dealing with harassment. Following these internal processes can help ensure your complaint is handled properly.

5. File a Complaint with the Department of Labor and Employment (DOLE)
   If your complaint is not resolved within your organization, or if the harassment persists, you may escalate the issue by filing a formal complaint with the DOLE. The DOLE has mechanisms in place to investigate and mediate workplace disputes, including those involving harassment.

6. Consider Legal Action
   Should internal and administrative remedies fail, you have the option to seek legal recourse. Under RA 7877, sexual harassment can lead to criminal charges against the offender, with penalties ranging from fines to imprisonment. Furthermore, civil actions for damages are possible if the harassment has caused harm to your emotional or physical well-being.

It is important to handle this situation with care, especially if it involves individuals in managerial positions. However, you are entitled to a work environment free from harassment and intimidation, and there are laws in place to protect you. Engaging the services of an experienced labor lawyer can help you navigate the complexities of this situation, should it escalate beyond the company’s internal mechanisms.

Always remember that harassment in the workplace is never acceptable, and employees have the right to seek protection and justice under Philippine labor law.