Dear Attorney,

I am writing to ask for your help regarding a situation at my workplace. My boss tends to overreact when I make minor mistakes, often raising their voice. I feel uncomfortable and stressed, but I’m not sure if this is something I should address legally. Is there a way to handle this, and can I take any legal action?

Sincerely,
An Employee Concerned About Workplace Harassment

Insights

Workplace Harassment in the Philippines

In the Philippines, workplace harassment is an issue covered under various laws and regulations, primarily focusing on safeguarding the well-being of employees and promoting a conducive and respectful work environment. The harassment could take different forms, including verbal, psychological, or emotional abuse, and one key area of focus is how employers handle or mistreat employees over minor infractions.

Legal Framework

There are several laws that deal with harassment in the workplace:

Labor Code of the Philippines: The Labor Code, specifically under Articles 279 and 282, offers protection for workers against unjust treatment and outlines the grounds for terminating an employee. However, it does not directly address verbal or psychological abuse by employers. This is where other legal frameworks come into play.
Anti-Sexual Harassment Act of 1995 (Republic Act No. 7877): Although this law primarily deals with sexual harassment in the workplace, its principles extend to other forms of harassment, including verbal and emotional abuse. The law mandates that employers take proactive measures to prevent any form of harassment and establish mechanisms for addressing complaints.
Safe Spaces Act (Republic Act No. 11313): Also known as the “Bawal Bastos” Law, this act extends protection against all forms of sexual harassment and gender-based harassment in public spaces, workplaces, and even online. It defines and penalizes acts of harassment, including derogatory or inappropriate comments made in a professional setting. Under this law, verbal abuse or excessive reprimands in the workplace could qualify as harassment, depending on the circumstances.
Occupational Safety and Health Standards (RA 11058): The Occupational Safety and Health Standards (OSH Law) aims to provide safe and healthy working conditions. While it primarily covers physical safety, it also requires employers to ensure that their employees are not subjected to undue stress or emotional harm, which could arise from abusive management practices.

Forms of Harassment

Workplace harassment can manifest in various forms, and employees must be able to distinguish between acceptable workplace discipline and harassment.

Verbal Harassment: This involves constant belittling, name-calling, or derogatory remarks. If an employer constantly raises their voice, shouts at employees, or uses inappropriate language when addressing minor mistakes, this may be classified as verbal harassment. The "Bawal Bastos" Law could apply in this case, depending on the language used.
Psychological or Emotional Abuse: This involves persistent negative treatment that causes stress or emotional harm to an employee. Such treatment may not always be overt, but its effects on an employee’s mental well-being can be significant. For instance, continuously berating an employee for minor errors can lead to undue emotional strain, which may fall under psychological harassment.
Bullying: In some cases, harassment overlaps with workplace bullying. Bullying occurs when an employee is systematically targeted by their superior or colleagues, often through verbal abuse, intimidation, or even isolating the employee from work-related activities. Although the Philippines does not have a specific law against workplace bullying, the principles of harassment laws can be applied to protect employees from this type of conduct.

Employee Rights and Remedies

Employees who experience workplace harassment in the Philippines have several remedies available to them:

Filing a Complaint with the DOLE: The Department of Labor and Employment (DOLE) can investigate complaints related to unfair labor practices, including harassment. An employee who believes they are being harassed can file a formal complaint, and the DOLE may conduct an investigation or mediate between the parties to resolve the issue.
Grievance Procedures: Many companies in the Philippines have internal grievance mechanisms in place. These systems allow employees to report harassment to HR or designated officers who can investigate the matter. The company is obligated to act on the complaint and take appropriate measures to ensure that the harassment ceases.
Legal Recourse: An employee can file a civil case for damages under the Civil Code of the Philippines. If the harassment causes emotional distress or psychological harm, the employee may be entitled to compensation. Article 19, 20, and 21 of the Civil Code impose liability on individuals who, through acts that violate the rights of others, cause damages, even if there is no malice or intent to harm.
Administrative Sanctions for Employers: If an employer is found guilty of harassing an employee, administrative penalties may be imposed. Employers are required to comply with labor standards, including ensuring a safe and respectful work environment. The failure to address harassment complaints may subject them to fines, suspension, or other administrative actions.
Constructive Dismissal: In severe cases of harassment where the employee feels forced to resign due to the unbearable working conditions, they may claim constructive dismissal. This occurs when an employer's actions effectively force the employee to quit because of an abusive or hostile work environment. Under Philippine law, this is treated as an illegal dismissal, entitling the employee to back wages, separation pay, and other remedies.

Employer’s Responsibility

Under the laws mentioned, employers in the Philippines are required to:

Implement Anti-Harassment Policies: Employers must put in place policies that clearly define what constitutes harassment and ensure employees are aware of these policies. This includes mechanisms for reporting harassment and consequences for those who violate the rules.
Training: Employers should provide training for management and employees to foster a work environment free from harassment. Managers and supervisors should be equipped with the skills to manage employees properly and avoid conduct that could be construed as harassment.
Investigation of Complaints: Once a harassment complaint is filed, the employer is obligated to investigate the matter thoroughly and confidentially. If the investigation confirms that harassment occurred, the employer must take immediate corrective action, which may include disciplining or dismissing the offending party.

Conclusion

Workplace harassment, especially in the form of verbal or psychological abuse, is not tolerated under Philippine law. Employees have the right to a safe and respectful work environment, and employers are legally obligated to ensure this. Harassment in any form is actionable, and employees who feel they are victims of harassment should seek legal assistance or report the issue to the appropriate authorities.

In instances where employees are subjected to undue stress due to workplace harassment, they should remember that there are several legal avenues they can pursue to protect their rights, from filing complaints with labor authorities to seeking damages through civil cases. Employers should also take note of their obligations to foster a harassment-free workplace and comply with labor standards to avoid potential legal consequences.