In the Philippines, the legal framework governing sexual harassment is primarily anchored in Republic Act No. 7877 (The Anti-Sexual Harassment Act of 1995) and the more expansive Republic Act No. 11313 (The Safe Spaces Act, also known as the "Bawal Bastos" Law). Together, these laws define the boundaries of professional conduct and place a heavy burden of responsibility on employers to ensure a safe working environment.
1. Defining Sexual Harassment in the Workplace
Under Philippine law, sexual harassment is not limited to physical touch; it encompasses a broad spectrum of conduct that creates an intimidating, hostile, or offensive environment.
- RA 7877 (Work-Related Sexual Harassment): Specifically targets harassment committed by a person who has authority, influence, or moral ascendancy over another. It occurs when a sexual favor is made a condition for hiring, promotion, or continued employment.
- RA 11313 (Safe Spaces Act): Expands the definition to include "peer-to-peer" and "subordinate-to-superior" harassment. It covers acts like catcalling, wolf-whistling, misogynistic slurs, uninvited sexual comments, and persistent telling of sexual jokes.
2. Mandatory Employer Duties
Employers are not merely bystanders; they are legally mandated to be proactive. Failure to act can lead to direct legal liability for the company.
| Duty | Description |
|---|---|
| Policy Creation | Employers must disseminate a clear policy prohibiting sexual harassment, including a list of prohibited acts and administrative sanctions. |
| CODI Formation | Every workplace must create a Committee on Decorum and Investigation (CODI). This body is responsible for receiving complaints and conducting investigations. |
| Awareness Training | Employers are required to conduct regular orientations or seminars to educate employees on the provisions of the Safe Spaces Act. |
| Immediate Action | Upon receipt of a complaint, the employer must act within a specific timeframe (usually 10 days) to initiate the investigation process. |
Note: Under the Safe Spaces Act, if an employer is informed of an incident and fails to take action, they can be held liable for damages alongside the perpetrator.
3. Employee Rights and Remedies
An employee who is a victim of sexual harassment has three distinct avenues for justice:
Administrative
The employee can file a formal complaint with the company's CODI. The result of this process is usually disciplinary action against the perpetrator, ranging from a written warning to dismissal (termination for cause).
Civil
The victim may file a civil suit for damages (moral, exemplary, and attorney's fees) under the Civil Code of the Philippines, arguing that their personal dignity and rights were violated.
Criminal
Sexual harassment is a criminal offense.
- Under RA 7877: Penalties include imprisonment of 1 to 6 months and/or a fine.
- Under RA 11313: Penalties vary based on the gravity of the act, with higher degrees of harassment resulting in longer prison sentences and steeper fines.
4. The Role of the CODI
The Committee on Decorum and Investigation is the heart of workplace compliance. To be legally valid, the CODI must:
- Have representatives from management, the union (if any), and the employees (both rank-and-file and supervisory).
- Include at least one woman in its membership.
- Observe due process, ensuring the respondent has a chance to answer the allegations while protecting the complainant from further trauma.
5. Protection Against Retaliation
A critical component of Philippine labor law is the protection against "constructive dismissal." If an employer makes the work environment so unbearable for the victim that they are forced to resign, or if the employer demotes/terminates the victim for reporting harassment, the employer may be sued for illegal dismissal.
Would you like me to draft a sample Company Policy on Sexual Harassment that complies with the Safe Spaces Act for your reference?