Sexual Harassment in the Workplace Philippines

Sexual Harassment in the Workplace and Legal Remedies in the Philippines

Question:

I am a victim of sexual harassment at work. The offender was only suspended, and we still work in the same department, reporting to the same manager. I find it emotionally torturous to be in the same space as him. What are my legal remedies? Can I file a case with the Department of Labor and Employment (DOLE)?

Answer:

Legal Framework:

1. Republic Act No. 7877: Also known as the "Anti-Sexual Harassment Act of 1995," this law penalizes sexual harassment in the employment, education, or training environment.

2. Company Policies: Companies often have their own internal rules governing conduct, including disciplinary measures for sexual harassment.

3. Administrative and Criminal Cases: Victims have the option to file both administrative and criminal cases against the perpetrator.

Legal Remedies Available:

1. Appeal HR's Decision: If you are unsatisfied with HR's decision, you may appeal to higher management or to any grievance committee within the company.

2. File a Case with DOLE: Yes, you can file a case with the Department of Labor and Employment for violation of labor laws, including your right to a safe and healthy work environment.

3. Criminal Complaint: File a criminal case under RA 7877 with the prosecutor’s office. A criminal case may proceed independently of any administrative case.

4. Civil Case for Damages: You can also file a civil case for moral and exemplary damages against the offender.

5. Legal Consultation: Consult with a lawyer to explore these options in detail, including possible remedies under other laws.

6. Resignation with Cause: In extreme cases, if the work environment becomes unbearable, you may resign and claim constructive dismissal, entitling you to separation pay and benefits.

Addressing Psychological Trauma:

You may also want to consult a psychologist or psychiatrist. Medical documentation could be vital evidence in any legal proceeding you might undertake.

Conclusion:

Your situation is indeed a sensitive and challenging one. Various legal routes are available to you, from company internal processes to criminal and civil courts. It's important to consult a legal expert to tailor the approach to your specific circumstances.

Disclaimer:

This article is intended for informational purposes only and should not be construed as legal advice. Consultation with a qualified attorney is highly recommended for personalized legal guidance.