Filing Complaints for Verbal Abuse by an Employer in the Philippines

A practical legal guide for workers, HR officers, and counsel

1) What counts as “verbal abuse” at work?

“Verbal abuse” is not a single statute-defined term, but Philippine law addresses it through several overlapping frameworks:

Workplace rules & labor standards. Persistent cursing, humiliation, insults, shouting, and threats can breach an employer’s duty to provide a humane workplace and may constitute serious misconduct or abuse of rights by management personnel.
Anti-Sexual Harassment Act (R.A. 7877) & Safe Spaces Act (R.A. 11313). If the abuse is gender-based or sexual in nature (e.g., catcalling, sexual jokes, lewd remarks), it is actionable as sexual/gender-based harassment, with specific procedures and sanctions via a Committee on Decorum and Investigation (CODI).
Occupational Safety and Health (OSH) Law (R.A. 11058) & its IRR. Employers must keep a safe and healthful workplace. Work-related psychological harm—including hostile conduct—can ground DOLE enforcement.
Civil Code (Arts. 19, 20, 21) on human relations and abuse of rights. Verbal abuse that humiliates or oppresses can be a civil wrong, giving rise to damages.
Revised Penal Code. Depending on facts: oral defamation (slander), threats, unjust vexation, grave coercion, or light coercions may apply.
Mental Health Act (R.A. 11036). Encourages employer mental-health policies and reasonable accommodations; relevant for prevention and remediation.

Key insight: For purely non-sexual verbal abuse, the usual tracks are (1) internal grievance/CODI (if policy covers bullying), (2) DOLE/Safety complaints, (3) labor case (e.g., constructive dismissal, damages), and/or (4) criminal/civil actions.

2) Immediate steps for the aggrieved employee

Ensure safety. If threats are made, remove yourself from immediate danger; notify security/HR and, where appropriate, the police or barangay.
Document everything.
- A dated incident log (who, what words, where, witnesses, effects).
- Written communications (emails, chats, memos).
- Medical/psychological consults noting stress or anxiety (if any).
- Witness statements (sworn if possible).
- Company policies/handbooks showing rules against harassment or abusive conduct.
- Caution on recordings: The Anti-Wiretapping Act (R.A. 4200) is stringent. Secret audio recordings of private conversations may be illegal even if you are a party. Get legal advice before recording; rely instead on written proof and witness accounts.
Use internal channels promptly. Report to your immediate supervisor, HR, or the designated CODI (mandatory for sexual/gender-based cases; often extended to anti-bullying under company policy).
Seek support. EAP/mental-health services, union representation (if unionized), or counsel.

3) Where—and how—to file

A. Inside the company (Grievance, HR, CODI)

When to use: First resort for most cases; mandatory for sexual/gender-based harassment under R.A. 7877/R.A. 11313.
What to file: A written complaint describing specific utterances, dates, places, witnesses, and policy provisions violated; attach evidence.
Process:
- Acknowledge receipt; preliminary evaluation.
- Administrative investigation (hearings; right to be heard).
- Recommendation & decision (sanctions can include reprimand, suspension, termination).
- Timelines: Policies typically impose short timelines (e.g., 10–30 days); sexual/gender-based harassment rules often specify tight internal deadlines.

Tip: Ask for a written resolution and keep copies. If the abuser is also the decision-maker, insist on CODI/independent handling.

B. Department of Labor and Employment (DOLE)

1) SEnA (Single-Entry Approach) – Conciliation-Mediation

When: For labor disputes (bullying leading to pay issues, demotion, forced resignation, separation), SEnA is often the first formal step before NLRC litigation.
What happens: You file a Request for Assistance (RFA) with the DOLE Regional/Field Office (where the workplace is). A neutral officer conducts conciliation-mediation (max ~30 days) to seek settlement or corrective action.
Outcome: Settlement agreement (enforceable), referral to proper forum (e.g., NLRC), or closure if unresolved.

2) OSH/Compliance Complaint

When: If the abuse reflects a safety and health violation (e.g., workplace violence/harassment policy gaps, failure to act on complaints).
How: File a complaint or request for inspection with DOLE. DOLE can inspect, issue compliance orders, and impose administrative fines for OSH violations.

C. National Labor Relations Commission (NLRC) – Labor Arbiters

When:
- Constructive dismissal (you resigned due to a hostile, intolerable environment).
- Illegal dismissal or disciplinary sanctions imposed without due process.
- Money claims arising from employer-employee relations, including moral/exemplary damages tied to abusive conduct.
How: File a Verified Position Paper/Complaint with the appropriate NLRC Regional Arbitration Branch (usually after SEnA).
Relief: Reinstatement, backwages, separation pay (in lieu of reinstatement), damages, attorney’s fees.

D. Criminal complaint (Prosecutor’s Office)

When: The conduct fits oral defamation, threats, unjust vexation, etc.
How: Execute a sworn complaint-affidavit with supporting evidence and witnesses; file with the City/Provincial Prosecutor where the offense occurred.
Result: Prosecutor may file an Information in court or dismiss/require further evidence. (Some offenses may be private crimes requiring the offended party’s initiative.)
Note on timing: Criminal actions can have short prescriptive periods—act promptly.

E. Civil action for damages (Regular courts)

When: You seek moral, exemplary, and/or actual damages for abusive acts violating the Civil Code’s human-relations provisions, independent of (or alongside) labor or criminal cases.
How: File a civil complaint (with counsel).
Note: If closely tied to dismissal or labor rights, damages may be recoverable within the NLRC case; your lawyer will choose the optimal forum to avoid splitting causes of action.

4) Evidence strategy (what works in practice)

Best pieces:
- Contemporaneous written accounts (email to HR; chat logs).
- Neutral corroboration (co-workers who saw/heard; CCTV where lawful).
- Policy violations (handbook sections, missing CODI, ignored complaint timelines).
- Medical/psychological records linking symptoms to workplace stress.
Avoid tainted proof: Illegally obtained audio recordings can backfire and expose the complainant to liability.
Chain of custody: Keep originals, use certified true copies when needed, and label exhibits clearly.
Consistency: Dates, exact words (as recalled), and context matter. Do not exaggerate; precision is more persuasive than emotion.

5) Employer obligations & potential liabilities

Maintain a safe, humane workplace (labor standards; OSH law).
Adopt and enforce anti-harassment policies, including CODI, due-process compliant investigations, and interim measures (e.g., no-contact directives, temporary reassignment).
Non-retaliation. Retaliating against an employee who reports abuse can itself be unlawful and may aggravate damages.
Admin/criminal exposure. Depending on facts, employers and offending supervisors/managers may face administrative penalties, corporate liability, and personal criminal liability (for the perpetrator), plus civil damages.

6) Remedies & typical outcomes

Internal: Written reprimand, suspension, termination of offending superior; policy overhaul; training; no-contact arrangements.
SEnA/NLRC: Monetary settlement, reinstatement or separation pay, damages.
DOLE OSH: Compliance orders; administrative fines; corrective measures.
Criminal: Fines and/or imprisonment for qualifying offenses; civil liability may be adjudicated with the criminal case.
Civil court: Moral/exemplary damages; attorney’s fees; injunctive relief (rare in pure verbal-abuse cases but possible in related contexts).

7) Timelines & prescription (rules of thumb)

Internal/CODI: Follow company-set deadlines; delayed reports can weaken credibility.
SEnA: Usually completed within 30 days from filing the RFA.
NLRC: Varies by docket; expect several months to over a year depending on congestion and appeals.
Criminal: Act quickly; some speech-related offenses have short prescriptive periods.
Money claims under the Labor Code: generally 3 years; illegal dismissal and related damages may follow different prescriptive rules—consult counsel promptly.

8) If you’re HR or management: compliance checklist

Written anti-harassment/anti-bullying policy (separate from, and in addition to, sexual/gender-based harassment policy).
Functional CODI and/or grievance machinery with clear reporting lines and non-retaliation clause.
Training for supervisors on respectful conduct and investigation basics.
Interim protective measures during investigations.
OSH Program that includes psychosocial risks and reporting mechanisms.
Record-keeping and confidentiality protocols consistent with data-privacy principles.

9) Practical FAQs

Q: My boss shouts at me in front of clients—no slurs, just constant insults. Is that actionable? Yes. Even without slurs, repeated humiliation can support administrative sanctions, NLRC claims (e.g., constructive dismissal, damages), and DOLE OSH complaints.

Q: Do I have to resign first to file a case? No. You may complain internally, go to SEnA/DOLE, or file criminal/civil actions without resigning. Resignation might be claimed later as constructive dismissal if conditions were intolerable.

Q: Can I secretly record my boss? Be careful. Secret audio recordings of private communications can violate the Anti-Wiretapping Act. Prefer written proof and witnesses; seek legal advice before recording.

Q: What if HR ignores me? Escalate to DOLE (SEnA or OSH complaint). You can also proceed to NLRC (if there’s a labor controversy) and consider criminal/civil remedies.

Q: Will complaining hurt my job? Retaliation is risky for employers and can increase their liability. Keep evidence of any retaliatory acts and report them promptly.

10) How to draft your complaint (outline)

A. Caption & parties. Your name, position, employer’s details, and the respondent (e.g., supervisor). B. Jurisdiction/venue. Where the workplace is located; identify the forum (HR/CODI, DOLE, NLRC, Prosecutor). C. Material facts.

Employment details (date hired, position, supervisor).
Specific incidents (date/time/place/words used/witnesses).
Prior reports made (to whom, when, response).
Harm suffered (stress, humiliation, medical consults). D. Policy/law violations. Cite company handbook sections; note applicable statutes (e.g., Safe Spaces Act if gender-based). E. Reliefs sought. Sanctions, no-contact order, transfer of the perpetrator, backwages/separation pay (if constructive dismissal), damages, training, policy reforms. F. Attachments. Logs, screenshots, memos, medical certificates, affidavits.

11) Sample incident log (fill this in contemporaneously)

Date/Time:
Location:
Persons Present:
Exact Words/Conduct: (quote verbatim as best as you can)
Immediate Impact: (e.g., froze, cried, panic attack)
Subsequent Actions: (told HR at 3:00 PM; emailed supervisor)
Documents/Evidence: (attach email, chat screenshots)
Signature:

12) Strategy notes for counsel

Consider forum sequencing: internal → SEnA → NLRC, with parallel DOLE OSH or criminal when facts warrant.
Evaluate constructive dismissal viability (pattern, persistence, managerial status of perpetrator, employer inaction).
Damages theory: Art. 19/20/21; mental anguish (supported by medical notes); exemplary damages for wanton conduct; attorney’s fees.
Settlement levers: training commitments, policy overhaul, neutral reference, confidentiality, monetary compensation.

Bottom line

You do not have to endure verbal abuse at work. Philippine law offers multiple, complementary avenues—internal remedies, DOLE enforcement, NLRC adjudication, and criminal/civil actions—to stop abusive conduct, hold wrongdoers accountable, and compensate harm. The strongest cases pair clear documentation with prompt reporting and a sound forum strategy tailored to the facts.