How to File a Workplace Bullying and Harassment Complaint with DOLE in the Philippines

In the Philippine labor landscape, every employee has the right to a safe, respectful, and professional work environment. Workplace bullying and harassment—whether sexual, psychological, or physical—are not just "part of the job"; they are violations of labor standards and human dignity.

If you are facing such a situation, the Department of Labor and Employment (DOLE) is the primary government agency tasked with protecting your rights. Here is a comprehensive legal guide on how to navigate this process.


1. Legal Basis: What Laws Protect You?

Before filing, it is crucial to understand the legal framework that supports your claim:

  • Republic Act No. 11313 (The Safe Spaces Act / Bawal Bastos Law): Expands the definition of sexual harassment to include peer-to-peer harassment, wolf-whistling, and persistent uninvited comments, both in-person and online.
  • Republic Act No. 7877 (Anti-Sexual Harassment Act of 1995): Focuses on harassment within the hierarchy (superior-subordinate).
  • DOLE Labor Advisory No. 06, Series of 2023: Provides specific guidelines on the prevention and correction of workplace bullying.
  • The Labor Code of the Philippines: Protects employees against constructive dismissal and unjust treatment.

2. Internal Exhaustion: The First Step

Under Philippine law, employers are mandated to have an internal policy against bullying and harassment. This includes a Committee on Decorum and Investigation (CODI).

  1. Check your Employee Handbook: Locate the specific grievance machinery for harassment.
  2. File an Internal Complaint: Formally notify your HR or CODI.
  3. The Employer's Duty: The company is required to investigate and resolve the issue within a reasonable timeframe (usually 10 days under the Safe Spaces Act).

Note: You can bypass the internal process and go straight to DOLE if the employer is the harasser, if the company lacks a CODI, or if you fear immediate retaliation.


3. Filing with DOLE: The SEaS Process

The Department of Labor and Employment utilizes the Single Entry Approach (SEnA) to provide a speedy, impartial, and inexpensive settlement for labor issues.

Step 1: Visit the Nearest DOLE Office or Online Portal

Go to the DOLE Regional, Provincial, or Field Office having jurisdiction over your workplace. Many regions now offer e-SEnA, allowing you to file the initial Request for Assistance (RFA) online via the official DOLE website.

Step 2: Filing the Request for Assistance (RFA)

You will fill out a form detailing:

  • Your personal information.
  • The employer’s details.
  • A brief summary of the bullying/harassment incidents.
  • Your "prayer" or what you want to achieve (e.g., cease and desist, damages, or reinstatement if terminated).

Step 3: The Conciliation-Mediation Phase

Once filed, a Single Entry Approach Desk Officer (SEADO) will be assigned to your case.

  • Notice of Conference: Both you and the employer will be summoned for a meeting.
  • The Goal: To reach a voluntary settlement or a "Compromise Agreement."
  • Timeline: This process is designed to be completed within 30 days.

4. What if SEnA Fails?

If no agreement is reached during the 30-day mediation period, the SEADO will issue a Referral to Compulsory Arbitration.

  • Labor Arbiter: Your case moves to the National Labor Relations Commission (NLRC).
  • Position Papers: Both parties will be required to submit formal position papers and evidence.
  • Decision: The Labor Arbiter will issue a decision based on the merits of the case.

5. Essential Evidence to Gather

To build a strong case, documentation is vital. Start collecting the following:

  • Incident Logs: Dates, times, locations, and descriptions of the behavior.
  • Digital Evidence: Screenshots of emails, chat messages (Viber, Messenger), or social media posts.
  • Witness Statements: Affidavits from colleagues who witnessed the behavior.
  • Medical Records: If the bullying caused physical ailments or psychological distress (e.g., records from a therapist or physician).

6. Protection Against Retaliation

Philippine law strictly prohibits "retaliatory measures" against any employee who files a complaint. If your employer fires you, demotes you, or creates a hostile environment because you filed a DOLE complaint, they may be liable for Illegal Dismissal or Unfair Labor Practices, which carry heavy penalties and mandatory backwages.


Would you like me to help you draft a sample formal letter of complaint to an employer's HR or CODI to initiate the internal process?

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.