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).
- Check your Employee Handbook: Locate the specific grievance machinery for harassment.
- File an Internal Complaint: Formally notify your HR or CODI.
- 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?