Filing Workplace Assault Complaints with DOLE in the Philippines

Workplace assault — whether physical battery, threats of violence, sexual assault, serious bullying, intimidation, or any act that endangers the physical or psychological safety of an employee — is a grave violation of Philippine labor laws. Victims have multiple remedies, but the most accessible administrative recourse against the employer for failing to provide a safe workplace is through the Department of Labor and Employment (DOLE).

This article exhaustively covers every aspect of filing workplace assault complaints with DOLE under Philippine law as of December 2025, including applicable laws, employer obligations, internal and external procedures, parallel criminal remedies, evidence requirements, prescription periods, available reliefs, and practical strategies that maximize success.

I. Legal Framework

The following laws and issuances collectively govern workplace assault:

1. Labor Code of the Philippines (Presidential Decree No. 442, as amended)

   • Articles 3, 166–168 (now renumbered): Declaration of policy on humane conditions of work and protection of workers
   • Article 109 (formerly 95): Employer’s duty to provide safe and healthful working conditions
   • Article 282 (now 297): Serious misconduct or commission of a crime against the employer or his representative as just cause for termination (relevant when the assailant is a co-employee or superior)

2. Republic Act No. 11058 (An Act Strengthening Compliance with Occupational Safety and Health Standards) and DOLE Department Order No. 198-18 (Implementing Rules and Regulations)

   • Explicitly classifies violence, harassment, bullying, and sexual harassment as psychosocial hazards
   • Requires every employer to have a Violence and Harassment Prevention Program as part of the mandatory OSH Program
   • Non-compliance is punishable by administrative fines of up to ₱100,000 per day of continuing violation

3. Republic Act No. 11313 (Safe Spaces Act or Bawal Bastos Law)

   • Criminalizes gender-based sexual harassment in the workplace, including physical acts (touching, pinching, brushing against body, etc.)
   • Imposes duties on employers to prevent, investigate, and punish offenders
   • Covers acts committed by co-workers, superiors, clients, or third parties in the workplace
   • Penalties: fines from ₱3,000 to ₱300,000 and/or imprisonment, plus administrative liability of the employer

4. Republic Act No. 7877 (Anti-Sexual Harassment Act of 1995)

   • Applies specifically to work-, education-, or training-related sexual harassment
   • Mandates every private employer with 50+ employees and all government offices to create a Committee on Decorum and Investigation (CODI)
   • Sexual harassment is both an administrative offense and a criminal offense

5. Revised Penal Code

   • Arts. 263–266: Serious Physical Injuries, Less Serious Physical Injuries, Slight Physical Injuries, Maltreatment
   • Art. 282: Grave Threats
   • Art. 358: Oral Defamation/Slander
   • Art. 266-A: Rape (if the assault includes sexual penetration)

6. Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004)

   • Applies when the perpetrator is a current or former intimate partner and the violence occurs in the workplace

7. Republic Act No. 9710 (Magna Carta of Women) and its IRR

   • Recognizes freedom from violence as a women’s human right and mandates workplaces to be free from gender-based violence

8. DOLE Advisory No. 01-2020 and related issuances on Workplace Policy on Violence and Harassment

   • Strongly encourages adoption of zero-tolerance policies even for companies with fewer than 50 employees

II. Employer Obligations (Violation of Any = DOLE Administrative Case)

Every employer, regardless of size, must:

1. Promulgate a clear written policy prohibiting all forms of violence and harassment
2. Create an effective reporting and investigation mechanism (CODI for sexual harassment; similar committee for non-sexual violence is highly recommended)
3. Conduct regular training and orientation on the policy
4. Immediately investigate reported incidents and impose disciplinary action up to termination
5. Protect the complainant from retaliation
6. Provide psychosocial support and, when necessary, transfer or place the perpetrator on preventive suspension
7. Report serious incidents to DOLE within 24–72 hours (required under DO 198-18 for serious injuries)

Failure to perform any of these duties makes the employer administratively liable even if the employer was not the direct assailant.

III. Internal Remedies (Must Usually Be Exhausted First)

Before going to DOLE, the employee should:

1. Report the incident immediately to HR, immediate superior, or CODI in writing
2. Demand an investigation and protective measures
3. Keep copies of all communications

If the employer fails to act within a reasonable time (usually 5–10 working days) or the investigation is sham, the employee may proceed to DOLE.

IV. Filing with DOLE: Available Modes

There are three main DOLE avenues for workplace assault complaints:

A. Single Entry Approach (SEnA) – The Fastest and Most Common Route

( Governed by DOLE Department Order No. 151-16, as amended by DO 178-17)

• Covers any labor issue, including workplace violence, harassment, unsafe working conditions
• Mandatory 30-day conciliation-mediation period
• No docket fees, no lawyer required
• Can be filed in any DOLE Regional Office, Provincial Field Office, or online via the DOLE SEnA portal (https://sena.dole.gov.ph)

Procedure:

1. File Request for Assistance (RFA) Form (downloadable or accomplished at DOLE)
2. Attach position paper/affidavit, evidence, and company policy (if any)
3. SEADO assigns the case within 24 hours and schedules conciliation (usually within 7–10 days)
4. Both parties attend; settlement is reached in ~70% of cases (compensation, apology, perpetrator’s termination, policy creation, etc.)
5. If no settlement → case is endorsed to the appropriate body (NLRC for illegal/constructive dismissal, DOLE Regional Director for OSH violations, or prosecutor for criminal aspects)

B. Complaint for Violation of Occupational Safety and Health Standards

(File directly with DOLE Regional Office – Labor Laws Compliance Officer)

• Used when the core issue is the employer’s failure to provide a safe workplace (most powerful for non-sexual physical assaults)
• Triggers mandatory inspection within 24–72 hours for serious cases
• Possible outcomes: Notice of Violation, Compliance Order, Work Stoppage Order (if danger is imminent), administrative fines up to ₱100,000/day

C. Administrative Complaint for Violation of RA 11313 or RA 7877

• Filed with DOLE Regional Director
• Employer may be fined ₱50,000–₱300,000 for non-creation of CODI or failure to act on sexual harassment complaints

V. Parallel Criminal Complaint (Strongly Recommended)

Workplace assault is almost always a crime. File separately:

1. Barangay blotter → Barangay conciliation (mandatory only for slight physical injuries or unjust vexation)
2. If serious or no settlement → file with Philippine National Police (Women and Children Protection Desk if gender-based) or directly with City/Provincial Prosecutor
3. For sexual assault → PNP Crime Laboratory medico-legal examination (free)
4. VAWC cases → apply for Barangay Protection Order (BPO) → TPO → PPO from court

Criminal cases proceed independently of DOLE cases and often pressure employers to settle quickly.

VI. Evidence Checklist (The Stronger the Evidence, the Faster the Resolution)

• Sworn affidavit/sinumpaang salaysay of the complainant
• Affidavits of witnesses
• Medical certificate/medico-legal certificate
• Photographs of injuries, threatening messages, CCTV screenshots
• Screenshots of text messages, emails, chat logs
• Incident report submitted to HR (with proof of receipt)
• Company ID of perpetrator and organizational chart (to prove superior-subordinate relationship if applicable)
• Audio/video recording (admissible if not illegally obtained)

VII. Prescription Periods

• OSH violations (RA 11058): 5 years
• Money claims arising from assault (moral/exemplary damages via SEnA/NLRC): 3 years
• Illegal or constructive dismissal: 4 years (no prescription while employment continues, but file as soon as possible)
• Criminal offenses:
  – Slight physical injuries: 2 months
  – Less serious: 10 years
  – Serious physical injuries: 20 years
  – Rape: no prescription (RA 11648)

VIII. Available Reliefs and Remedies Through DOLE/SEnA

Successful complainants regularly obtain:

1. Monetary settlement (₱50,000–₱500,000+ depending on severity and company size)
2. Termination or transfer of the perpetrator
3. Reinstatement without loss of seniority rights (if forced to resign)
4. Moral and exemplary damages
5. Attorney’s fees (10% of recovery)
6. Creation or strengthening of company anti-violence policy
7. Mandatory training for all employees
8. DOLE administrative fines against the employer
9. Work stoppage order (rare but possible in extreme cases)

IX. Special Cases

• Micro/small enterprises (<10 data-preserve-html-node="true" employees): Still covered by RA 11058 and Safe Spaces Act; DOLE exercises equity jurisdiction and rarely imposes maximum fines
• Government employees: File with CSC after exhausting agency CODI; CSC may impose suspension or dismissal
• Domestic workers (kasambahay): File under RA 10361 (Batas Kasambahay) – DOLE has special desks
• Security guards, seafarers, OFWs: Specialized DOLE/POEA/NLRC procedures apply

X. Practical Tips from Actual Cases (2020–2025)

• File within 30 days of the incident for maximum moral impact and preservation of evidence
• Always put everything in writing; never rely on verbal reports
• Request preventive suspension of the assailant in your first letter to HR
• If the employer retaliates, immediately file a new SEnA for illegal dismissal (very winnable)
• Join or consult labor unions/NAGKAISA coalitions for support
• Public Attorney’s Office (PAO) or Integrated Bar of the Philippines (IBP) legal aid is free for indigent complainants

Filing a workplace assault complaint with DOLE is not only a right — it is a powerful tool to hold both the perpetrator and the employer accountable. The combination of DOLE administrative action and parallel criminal prosecution has resulted in thousands of successful resolutions and safer workplaces across the Philippines. Victims who come forward promptly and with solid documentation almost always obtain justice and compensation.