Introduction

In the Philippines, workplace harassment represents a significant violation of employee rights, undermining dignity, productivity, and overall well-being. Philippine law has evolved to address various forms of harassment, particularly sexual harassment, through a combination of statutory enactments, administrative regulations, and judicial interpretations. The primary focus has been on protecting workers from unwanted advances, intimidation, and discriminatory behavior, with an emphasis on creating safe and equitable work environments. This article provides a comprehensive overview of anti-harassment policies in the Philippine workplace, drawing from key legislation such as the Anti-Sexual Harassment Act of 1995, the Safe Spaces Act of 2019, and related labor provisions. It covers definitions, legal obligations, enforcement mechanisms, remedies, and preventive measures, highlighting the Philippine context where cultural norms, gender dynamics, and economic factors influence implementation.

Definitions of Harassment in the Workplace

Under Philippine law, harassment in the workplace is not limited to a single definition but encompasses several forms, primarily sexual in nature, though broader interpretations include psychological and discriminatory elements.

Sexual Harassment: Defined under Republic Act (RA) No. 7877, the Anti-Sexual Harassment Act of 1995, as an act involving unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. This occurs when submission to or rejection of such conduct is used as a basis for employment decisions or creates an intimidating, hostile, or offensive work environment. The law applies to employer-employee relationships, including those in hierarchical positions where authority influences the act.
Gender-Based Sexual Harassment: Expanded by RA No. 11313, the Safe Spaces Act (also known as the Bawal Bastos Law) of 2019, this includes acts that infringe on a person's dignity through unwanted sexual remarks, gestures, or actions in workplaces, educational institutions, and public spaces. It covers catcalling, wolf-whistling, leering, intrusive gazing, and persistent unwanted invitations, with a focus on gender-based power imbalances.
Other Forms of Harassment: While not explicitly codified as "harassment," related concepts include:
- Psychological Violence: Under RA No. 9262, the Anti-Violence Against Women and Their Children Act of 2004, this can extend to workplaces if it involves women, including acts causing mental or emotional anguish.
- Bullying or Mobbing: Not directly addressed in a specific workplace law, but it may fall under the Labor Code's provisions against unjust vexation or constructive dismissal (Article 294 of the Labor Code, as renumbered). Judicial decisions have recognized repeated verbal abuse or isolation as grounds for claims.
- Discriminatory Harassment: Linked to RA No. 9710, the Magna Carta of Women of 2009, which prohibits discrimination based on sex, gender, or sexual orientation, including harassment that stems from such biases. Additionally, the Philippine HIV and AIDS Policy Act (RA No. 11166) and the Mental Health Act (RA No. 11036) address harassment related to health status.

The Supreme Court has interpreted these definitions broadly, emphasizing that harassment need not be physical; verbal or non-verbal conduct suffices if it creates a hostile environment (e.g., in cases like Saudi Arabian Airlines v. Rebesencio, G.R. No. 198587, 2015).

Legal Framework Governing Anti-Harassment Policies

Philippine anti-harassment policies are rooted in constitutional principles under the 1987 Constitution, particularly Article II, Section 14 (role of women in nation-building) and Article XIII, Section 3 (protection of labor). Key statutes and regulations include:

RA No. 7877 (Anti-Sexual Harassment Act of 1995): This pioneering law mandates employers to prevent sexual harassment by promulgating policies, investigating complaints, and imposing sanctions. It applies to all forms of employment, including government offices, private companies, and non-profits.
RA No. 11313 (Safe Spaces Act of 2019): Building on RA 7877, this law criminalizes gender-based sexual harassment in workplaces, imposing stiffer penalties and requiring local government units (LGUs) and employers to adopt anti-harassment ordinances. It introduces concepts like "unwanted and uninvited sexual actions" and protects against online harassment if work-related.
Labor Code of the Philippines (Presidential Decree No. 442, as amended): Articles 130-138 (on women workers) and general provisions on working conditions prohibit discriminatory practices. Harassment can lead to claims of illegal dismissal or constructive dismissal if it forces resignation.
RA No. 9710 (Magna Carta of Women): Reinforces gender equality, requiring workplaces to provide mechanisms against violence, including harassment. Implementing Rules and Regulations (IRR) mandate gender sensitivity training.
Department of Labor and Employment (DOLE) Issuances:
- Department Order (DO) No. 53-03: Guidelines for implementing RA 7877, requiring Committee on Decorum and Investigation (CODI) in workplaces with 10 or more employees.
- DO No. 206-19: IRR for Safe Spaces Act, detailing employer responsibilities like posting notices and conducting orientations.
- Advisory No. 01-2021: On handling workplace violence, including harassment during the COVID-19 pandemic, emphasizing remote work scenarios.
Civil Service Commission (CSC) Rules: For government employees, CSC Resolution No. 01-0940 provides administrative disciplinary rules on sexual harassment, classifying it as grave, less grave, or light offenses.
Other Related Laws:
- RA No. 10175 (Cybercrime Prevention Act): Addresses online harassment if it occurs in a work context.
- RA No. 10627 (Anti-Bullying Act of 2013): Primarily for schools, but its principles influence workplace policies in educational institutions.

International conventions ratified by the Philippines, such as ILO Convention No. 190 on Violence and Harassment in the World of Work (ratified in 2023), further bolster domestic laws, though full implementation is ongoing.

Employer Obligations and Preventive Measures

Employers bear the primary responsibility for fostering harassment-free workplaces. Failure to comply can result in vicarious liability.

Policy Development: Employers must create and disseminate an anti-harassment policy, including definitions, prohibited acts, reporting procedures, and sanctions. Under DO 53-03, this policy must be integrated into company rules.
Committee on Decorum and Investigation (CODI): Mandatory for establishments with 10 or more employees. The CODI, composed of management, union (if any), and employee representatives (with gender balance), handles complaints confidentially, conducts investigations within 10 days, and recommends actions.
Training and Orientation: Regular seminars on anti-harassment laws are required. The Safe Spaces Act mandates annual gender sensitivity training, including bystander intervention.
Reporting Mechanisms: Safe, anonymous channels (e.g., hotlines, email) must be established. Employers must protect complainants from retaliation.
Work Environment Adjustments: For remote or hybrid setups, policies must cover virtual harassment (e.g., inappropriate Zoom comments). Employers should also address third-party harassment (e.g., from clients).
Record-Keeping: Maintain confidential records of complaints and resolutions for at least three years.

Small enterprises (fewer than 10 employees) are not exempt but must still comply with basic obligations, often relying on DOLE regional offices for assistance.

Employee Rights and Remedies

Employees subjected to harassment have multiple avenues for redress:

Internal Remedies: File a complaint with the CODI or HR. Investigations must be fair, with rights to counsel, evidence presentation, and appeals.
Administrative Remedies:
- DOLE: File complaints for labor standards violations; DOLE can mediate or impose fines.
- CSC: For public sector, leading to administrative sanctions like suspension or dismissal.
- Commission on Human Rights (CHR): Investigates human rights violations.
Civil Remedies: Sue for damages under the Civil Code (Articles 19-21 on abuse of rights) or for moral/exemplary damages. Constructive dismissal claims can seek backwages and separation pay.
Criminal Remedies:
- Under RA 7877: Penalties include fines (P5,000-P10,000) and imprisonment (1-6 months).
- Under Safe Spaces Act: Graduated penalties based on gravity—light (fine P1,000-P5,000), medium (fine P10,000-P15,000, arresto menor), grave (fine P100,000-P500,000, prision correccional). Repeat offenses escalate penalties.
- Prosecution via the Department of Justice (DOJ), with preliminary investigations.
Judicial Remedies: Appeal to the National Labor Relations Commission (NLRC) for labor disputes or regular courts for criminal cases. The Supreme Court has upheld victim-centered approaches, shifting burden to the accused in some instances.

Prescription periods vary: criminal actions under Safe Spaces Act prescribe in 10 years; labor claims in 3 years.

Penalties and Enforcement

Penalties are tiered:

For Offenders: Dismissal, fines, imprisonment, and community service (under Safe Spaces Act).
For Employers: Fines up to P50,000 for non-compliance (e.g., no CODI), plus liability for damages if negligence is proven.
Enforcement Agencies: DOLE conducts inspections; Philippine National Police (PNP) handles criminal complaints; LGUs enforce local ordinances.

Statistics from DOLE indicate increasing reports post-Safe Spaces Act, with challenges in underreporting due to stigma.

Challenges and Best Practices

Implementation faces hurdles like cultural taboos, fear of retaliation, and resource constraints in SMEs. Best practices include:

Integrating anti-harassment into ESG (Environmental, Social, Governance) frameworks.
Collaborating with NGOs like Gabriela or the Philippine Commission on Women.
Using technology for anonymous reporting apps.
Regular audits and employee surveys.

Conclusion

Anti-harassment policies in the Philippine workplace are robust yet evolving, emphasizing prevention, protection, and punishment. By complying with laws like RA 7877 and RA 11313, employers not only avoid liabilities but also promote inclusive cultures. Employees are empowered to assert their rights, contributing to a dignified labor force. Ongoing reforms, influenced by global standards, promise further enhancements to address emerging issues like digital harassment.