Question: What are my legal recourse if I am being verbally abused at work?

Answer:

Verbal abuse in the workplace is a serious concern that can affect not only your job performance but also your mental and emotional well-being. Here are some common questions and answers to guide you through your legal options under Philippine law.

What Constitutes Verbal Abuse?

Verbal abuse includes, but is not limited to, name-calling, insults, humiliation, and derogatory remarks aimed at you by a colleague, superior, or even a subordinate.

Is Verbal Abuse Considered Harassment?

Yes, verbal abuse can be classified as a form of harassment or even psychological violence under Republic Act No. 10627, or the Anti-Bullying Act, and the Labor Code of the Philippines.

What Should I Do First?

Document Instances: Make a detailed record of each incident, including date, time, what was said, and witnesses if any.
Report to HR: File a formal complaint with your Human Resources department and provide all the evidence you have gathered.

What if HR Doesn’t Take Action?

You can escalate the issue by:

Consulting a Lawyer: Seek legal advice on the best course of action to take.
Filing a Complaint with DOLE: The Department of Labor and Employment can investigate the case.

What Legal Remedies Are Available?

Administrative Sanctions: The employer may impose sanctions on the abuser, ranging from warnings to termination.
Legal Cases: Depending on the severity, you may file criminal and civil cases for damages.

What Laws Protect Me?

You are protected under various laws, such as:

Labor Code of the Philippines
Republic Act No. 10627, or the Anti-Bullying Act
Republic Act No. 7877, or the Anti-Sexual Harassment Act

Can I Get Fired for Reporting Abuse?

No, retaliation against employees for reporting harassment or abuse is illegal and can form the basis for additional legal action against the employer.

Conclusion

Verbal abuse at the workplace is a violation of your rights as an employee. Always start by documenting instances and reporting to HR. If internal processes fail, consult with a lawyer and consider filing a formal complaint with appropriate government agencies. You have several layers of legal protection to ensure you work in a safe environment.