(A practical legal guide in the Philippine workplace context)

1) What counts as “harassment” or “bullying” at work?

In the Philippines, there isn’t one single “anti-bullying at work” statute that covers every kind of bullying the way some countries have. Instead, workplace bullying/harassment is addressed through a patchwork of:

Employer rules and company policies (Code of Conduct, Employee Handbook, grievance procedures)
Labor law concepts (management prerogative limits, safe workplace obligations, constructive dismissal, illegal dismissal, retaliation)
Specific statutes when the conduct fits certain categories:
- Sexual harassment (RA 7877)
- Gender-based sexual harassment (Safe Spaces Act, RA 11313)
- Occupational Safety and Health obligations, including psychosocial risks (RA 11058 and its IRR)
- Anti-discrimination protections in special laws (e.g., for women, PWDs, etc., depending on facts)
Administrative law for government employees (Civil Service rules and agency discipline systems)
Civil and criminal law for certain abusive acts (threats, coercion, defamation, physical injuries, etc.)

Common workplace bullying/harassment behaviors (examples)

Repeated humiliation, shouting, insults, name-calling
публич/meeting “shaming,” ridicule, or intimidation
Unreasonable deadlines meant to make you fail; impossible workloads as punishment
Retaliation for reporting or refusing improper orders
Spreading malicious rumors; damaging your reputation
Sexual comments, unwanted touching, “jokes” with sexual meaning
Threats to fire you unless you comply with personal demands
Isolation tactics: removing duties, excluding you to push resignation

Key idea: You don’t have to label it perfectly at the start. What matters is documenting what happened and using the correct forum (internal committee, HR, DOLE/NLRC, police/prosecutor, CSC, etc.) depending on the facts.

2) Identify what type of case you have (this determines the best complaint route)

A. If it is sexual in nature (or gender-based)

You may have a complaint under:

RA 7877 (Anti-Sexual Harassment Act) — classic workplace sexual harassment, often involving a superior-subordinate dynamic.
RA 11313 (Safe Spaces Act) — covers gender-based sexual harassment, including in workplaces; imposes duties on employers to prevent and address it.

Why this matters: These laws generally require employers to set up internal mechanisms (committees/procedures) and can also support administrative, civil, and criminal actions depending on circumstances.

B. If it is non-sexual bullying/hostile treatment

You typically proceed through:

Internal grievance / HR complaint (company policy, handbook, CBA if unionized)
OSH mechanisms (if it affects safety/health, including psychosocial hazards)
Labor cases if it results in discipline, forced resignation, or termination (e.g., constructive dismissal / illegal dismissal)
Civil/criminal remedies if the conduct crosses into crimes or actionable wrongs (threats, coercion, defamation, assault)

C. If you work in government

You usually pursue:

Administrative complaint under your agency’s disciplinary rules and/or Civil Service Commission (CSC) processes
Possibly criminal and civil actions in parallel, when appropriate

3) Before you file: build a strong record (this is the difference-maker)

Evidence checklist (start immediately)

Incident log: date, time, place, what was said/done, witnesses, impact on work/health
Screenshots / emails / chat logs: keep originals; export where possible
Memos / NTEs / performance notes that appear retaliatory or fabricated
Witness names and what they observed (even if they’re hesitant now)
Medical records if stress/anxiety affects you (consultations, certificates)
Audio/video: Be cautious. The Philippines has an Anti-Wiretapping Law (RA 4200) risks for recording private communications. Many cases hinge on context; if you’re considering recordings, get legal advice first.

Practical tips

Use neutral language in records (“Supervisor said X,” not “Supervisor is evil”).
Document patterns (repetition, escalation, retaliation).
Don’t store everything only on a company device; keep secure personal backups.

4) The usual first step: file an internal complaint (and why it matters even if you plan to go external)

Why internal filing is often essential

Many employers and laws expect you to use internal mechanisms first (especially for sexual harassment systems and workplace discipline processes).
Creates a paper trail showing the company had notice and a chance to act.
Helps protect you later if the company claims “we didn’t know” or frames it as performance issues.

Where to file internally

Depending on your workplace:

HR / Employee Relations
Grievance Committee (especially if unionized)
CODI / Anti-Sexual Harassment Committee / Safe Spaces mechanism (for sexual/gender-based sexual harassment)
OSH Committee / Safety Officer channels (if hazards, mental health effects, or safety issues are involved)
A designated complaints officer (some workplaces appoint one)

If your supervisor is involved, file one level higher, copy HR, and follow the policy. If top management is the problem, you may need external escalation sooner.

5) How to write the complaint (a workable template)

A strong complaint is clear, chronological, specific, and remedy-focused.

Suggested format

Subject: Formal Complaint for Workplace Harassment/Bullying (against [Name, Position])

Your details: name, position, department, employee no. (if any), contact
Respondent: supervisor’s name, position
Summary: 2–4 sentences describing the pattern and impact
Facts (chronological): each incident with date/time/place, exact statements/actions, witnesses
Evidence attached: emails, screenshots, memos, medical notes (list them)
Impact: anxiety, missed work, decreased performance due to hostile environment, etc.
What you want: investigation, protective measures, non-retaliation, reassignment of reporting line during investigation, sanctions if proven, training/controls
Confidentiality request: ask to limit disclosure to those who need to know
Signature and date

Protective measures you can request

Temporary change in reporting line
No direct 1:1 meetings without a witness
Written communications only
“Non-retaliation” directive
Workspace rearrangement / schedule changes
Referral to counseling/medical support (if available)

6) What happens after filing internally (and how to protect yourself)

Typical process

Acknowledgment / intake interview
Preliminary assessment (jurisdiction: HR vs committee)
Investigation (statements, hearings, evidence review)
Findings and recommendation
Decision and sanctions (if proven) / corrective actions
Appeal (if the policy provides)

Your rights during investigation (practical)

To submit evidence and name witnesses
To receive reasonable updates
To be protected from retaliation (ask for it explicitly in writing)
To request accommodations for safety/health

Watch-outs

Retaliatory NTEs (Notice to Explain), sudden PIPs, schedule manipulation
Pressure to “settle” by resigning
“Performance” narratives that begin right after your complaint

If retaliation begins, document it and report it as a related complaint.

7) External options: where to go if the company fails to act (or if the case is severe)

You can pursue multiple tracks depending on facts. Some can be done in parallel.

A. DOLE (Department of Labor and Employment)

DOLE is commonly involved when:

The issue relates to labor standards / workplace conditions / OSH compliance
The employer fails to maintain required workplace mechanisms or ignores safety obligations

If the bullying/harassment creates a health and safety risk, OSH-based escalation may be relevant, especially where psychosocial harm is evident.

B. NLRC / Labor Arbiter (labor case route)

If the harassment links to employment actions such as:

Constructive dismissal (you were forced to resign due to intolerable conditions)
Illegal dismissal (termination used as retaliation or based on fabricated grounds)
Money claims connected to the dispute (depending on circumstances)

Constructive dismissal is often the legal theory when the workplace becomes so hostile that a reasonable employee cannot be expected to stay.

C. Criminal complaints (police/prosecutor) — for extreme conduct

Depending on facts, options may include complaints involving:

Threats, coercion, physical injuries
Serious slander/defamation scenarios (context-dependent)
Sexual harassment / gender-based sexual harassment violations (where applicable)

Criminal filing is high-stakes; get legal advice to match the facts to the correct charge.

D. Civil case (damages)

You may consider a civil action for damages where the conduct is wrongful and causes harm (often paired with other routes). This is fact-heavy and usually needs counsel.

E. If you’re a government employee: administrative complaint / CSC route

Government employees generally pursue:

Administrative discipline within the agency and/or CSC processes
Parallel criminal/civil actions when warranted

8) Special focus: complaints under RA 7877 and RA 11313 in the workplace

If the supervisor’s conduct is sexual or gender-based

File with the employer mechanism (often a committee tasked to handle these cases).
Ask for immediate protective measures (reporting line changes, no-contact directives).
If the employer does nothing, external escalation becomes more viable.

These laws also emphasize employer duties: prevention, procedures, investigation, and sanctions. If the company fails structurally (no mechanism, no action), that failure can matter.

9) Settlement, resignation, and “quitclaims”: proceed carefully

Employers sometimes offer:

Transfer + “drop the complaint”
Cash settlement with a quitclaim/release
“Resign quietly and we’ll give you a good reference”

Be careful:

A quitclaim can limit future claims.
If you truly want to pursue accountability, get advice before signing anything.
If you resign due to abuse, document that it was due to an intolerable environment (constructive dismissal theory).

10) Retaliation: how to recognize and respond

Common retaliation patterns

Sudden negative evaluations after months/years of okay performance
Surprise disciplinary memos for minor issues
Removal of duties; isolation; demotion in practice
Threats, gossip, “you’re not a team player” narratives

What to do

Document each act.
Report it in writing as retaliation linked to the complaint.
If you receive an NTE, respond calmly with facts and attach your prior complaint timeline where relevant.

11) Practical playbook: the “best sequence” in many real cases

Secure evidence and write an incident timeline
Check policy (handbook/CBA/committee) and file the correct internal complaint
Request protection (no-retaliation + interim reporting line change)
Cooperate with investigation; submit evidence and witnesses
If stalled or retaliated against: escalate (higher management + written follow-ups)
If still unresolved or severe: consult counsel and consider DOLE / NLRC / criminal / CSC routes depending on facts
Continue documenting until final resolution

12) Quick sample complaint narrative (mini-example)

“On 03 September 2025 at around 10:00 AM during the team huddle in Meeting Room B, Mr. X stated, ‘Bobo ka talaga’ while pointing at me after I raised a clarification. Present were A, B, and C. Similar incidents occurred on 15 September 2025 (MS Teams chat attached) and 28 September 2025 (email attached). After my refusal to work unpaid overtime on 01 October 2025, I was removed from Project Y without explanation and issued an NTE for alleged ‘insubordination’ on 04 October 2025. The pattern has caused severe stress and has affected my health (medical note attached). I request a formal investigation, interim reassignment of my reporting line, and a written non-retaliation directive.”

13) When to get a lawyer immediately

You’re being forced to resign or have been terminated
There are threats, violence, stalking, or sexual assault
You’re asked to sign a quitclaim/release
The company is actively retaliating
You want to pursue criminal/civil claims or a labor case

14) Final reminders

Filing a well-documented complaint is often less about dramatic wording and more about credible, timestamped facts and a consistent timeline.
Choose the forum that matches the conduct: internal committee, OSH/DOLE, NLRC, criminal, civil, or CSC—sometimes more than one.
Protect yourself from retaliation by requesting interim measures in writing and keeping records.

If you want, paste your situation (dates, what happened, your industry, private vs government), and I’ll draft a ready-to-file complaint letter tailored to your facts and the most likely legal route.