Sexual Harassment Protections
Governing Laws and Regulations
In the Philippines, sexual harassment in the workplace is primarily governed by Republic Act No. 7877, also known as the "Anti-Sexual Harassment Act of 1995." This law aims to protect employees, applicants, and individuals conducting business within the premises from sexual harassment. Additionally, other related laws and company policies often supplement this statute.
Defining Sexual Harassment
Sexual harassment is generally described as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. The perpetrator can be of any gender, and so can the victim. It becomes a violation of the law when it affects the employment, interferes with work, or creates a hostile work environment.
Employer Responsibilities
Employers are required to establish policies against sexual harassment, properly communicate these policies to employees, and enforce penalties for offenders. The company is also obligated to create a committee to handle complaints, composed of at least one representative from management, employees, and a neutral third party.
Reporting and Filing Complaints
Victims should initially report incidents of sexual harassment to their immediate superior unless the superior is the perpetrator. Companies usually have a procedure for escalating the issue to higher management or a designated committee.
Legal Remedies
Victims of sexual harassment may seek administrative remedies from their workplace or go through the legal system. The criminal aspect of the case can be prosecuted independently of the administrative case. Conviction can result in imprisonment or fines, as specified in Republic Act No. 7877.
Conclusion
Understanding the legal avenues available for addressing sexual harassment in the workplace is vital for both employers and employees. It is not just about adhering to the law but also fostering a workplace that respects the dignity and worth of every individual.