The Latest Workplace Anti-Bullying Rules from DOLE and CSC (Philippines): A Practical Legal Guide

As of June 2024 (Philippine context).

1) Executive Summary

There is no single statute titled “Workplace Anti-Bullying Act” in the Philippines. Instead, the rules come from a web of laws and issuances that—taken together—prohibit bullying-type conduct (threats, humiliation, intimidation, hostile environment, abusive supervision) in both the private and public sectors. The anchors are:

RA 11313 (Safe Spaces Act) and its sectoral rules for workplaces (private: DOLE; public: CSC).
RA 7877 (Anti-Sexual Harassment Act) and the long-standing CODI requirement.
RA 11058 (OSH Law) and DOLE DO 198-18 (OSH IRR) on violence/harassment as safety and health hazards.
RA 11036 (Mental Health Act) and DOLE DO 208-20 on workplace mental-health programs.
For the public sector, CSC’s policies (including rules implementing RA 11313 and RA 7877) and the RACCS on administrative discipline, which recognize “oppression,” “discourtesy,” “conduct prejudicial,” and sexual harassment as administrative offenses—often the legal vehicle for bullying cases.

The result: employers must maintain anti-bullying/anti-harassment policies, set up complaint and investigation mechanisms (CODI), train personnel, protect victims and witnesses, and sanction offenders—while observing due process and anti-retaliation duties.

2) What Counts as “Bullying” at Work?

Although the term “bullying” appears most clearly in the school context (RA 10627), in workplaces it is covered through broader concepts:

Gender-based sexual harassment (GBSH) (RA 11313): unwelcome conduct (verbal, non-verbal, online, or physical) based on sex, gender, SOGIESC, that creates an intimidating, hostile, or humiliating environment or unreasonably interferes with work.
Sexual harassment (RA 7877): unwelcome sexual advances, requests, or acts by a superior, coworker, client, or other person with influence, that affect employment terms or create a hostile environment.
Workplace harassment/violence as OSH hazard (RA 11058/DOLE DO 198-18): threats, intimidation, and psychological violence that risk workers’ safety and health.
Administrative offenses in the civil service (CSC/RACCS): oppression, grave misconduct, discourtesy, or other acts creating a hostile environment, including sexual harassment and GBSH.

Key elements often present in bullying claims:

Pattern or severity of abusive conduct (insults, sabotage, threats, humiliation).
Resulting hostile work environment or health/safety risk.
Power dynamics are relevant but peer-to-peer and third-party (e.g., client, contractor) conduct also count.

3) Sources of Obligations

Private Sector (DOLE-regulated)

Safe Spaces Act (RA 11313) – Workplace rules implemented through DOLE guidelines requiring:
- Written policy against gender-based sexual harassment and other harassment/bullying-type acts, with clear scope, examples, sanctions, confidentiality, and anti-retaliation.
- A CODI or equivalent impartial body; multiple reporting channels; protection orders (e.g., no-contact, schedule or workstation changes).
- Training and orientation for all, including managers and security staff; posting of policy and hotlines.
- Contractor/client coverage (include clauses in service and supplier contracts).
- Record-keeping and annual reporting/monitoring readiness.
Anti-Sexual Harassment Act (RA 7877) – Requires a CODI, policy, periodic training, and grievance procedures; applies to all forms of workplace sexual harassment (not limited to GBSH).
OSH Law (RA 11058) + DOLE DO 198-18 (OSH IRR) – Requires employers to identify and control psychosocial hazards (including violence and harassment), conduct risk assessments, provide information/training, and ensure reporting and investigation of incidents.
Mental Health Act (RA 11036) + DOLE DO 208-20 – Requires a workplace mental-health policy and program: prevention (anti-bullying), early detection, referral, crisis management, confidentiality, and reasonable accommodations.
Labor Code/IRR – Due process in discipline (twin-notice rule, hearing, reasoned decision), proportionality of sanctions, and documentation. Where bullying amounts to serious misconduct, willful breach of trust, or gross neglect, termination may be justified—but only after observance of due process and a substantial-evidence standard.

Public Sector (CSC-regulated)

CSC policies implementing RA 11313 (Safe Spaces Act) – Government agencies must adopt GBSH-inclusive anti-harassment policies, designate or strengthen CODI, provide multiple reporting avenues (including anonymous tips subject to validation), enforce protective measures, and conduct mandatory trainings.
RA 7877 + CSC IRR – CODI creation, procedures, and due process for sexual-harassment cases remain in force and integrate with Safe Spaces rules.
RACCS (Rules on Administrative Cases in the Civil Service) – Defines offenses and penalties. Bullying conduct is typically charged as:
- Oppression, grave misconduct, conduct prejudicial to the best interest of the service, discourtesy, or sexual harassment/GBSH (depending on facts).
- Penalties range from reprimand/suspension to dismissal, with accessory penalties (forfeiture of benefits, perpetual disqualification) for grave offenses.
Agency-level integrity programs – e.g., Integrity Management Program, gender and development (GAD) mandates, and mental-health programs consistent with RA 11036.

4) Required Workplace Policy: Minimum Contents

To be compliant across DOLE/CSC regimes, a unified policy should include:

Statement of zero tolerance for harassment, bullying, and violence; definitions with illustrative examples (verbal abuse, cyberbullying, shaming, social exclusion, stalking, doxxing, sexual jokes, intrusive questions on SOGIESC, threats).
Scope: on-site, off-site (field work, work-related social events), online/ICT systems, and third-party interactions.
Rights and responsibilities of management, supervisors, employees, security, HR, contractors, and visitors.
Multiple reporting channels: direct to CODI, HR, EHS/OSH, hotlines, email, online forms; allowance for bystander reports; accommodation for persons with disabilities.
Complaint handling: intake, immediate safety assessment, interim protective measures (no-contact, schedule reassignment, escorts, remote-work options), non-retaliation.
Investigation rules: timelines (e.g., screening within 5 days; fact-finding within 15–30 days), impartiality/conflict-of-interest checks, evidence standards, confidentiality, trauma-informed interviewing, translation assistance.
Sanctions mapped to offense gravity and prior history; corrective actions (coaching, EAP referral, demotion, suspension, dismissal).
Appeals/reconsideration process and external remedies (NLRC/DOLE, CSC, Ombudsman, prosecutor/police for criminal offenses).
Training plan: onboarding, annual refreshers, manager-specific modules, security/frontline focus, and scenario-based drills.
E-safety/cyberbullying controls**:** platform use policy, logging and preservation of digital evidence, moderation standards for official channels.
Data privacy: legal basis for processing; role of the DPO; retention limits; secure storage.
Monitoring and reporting: anonymized statistics, climate surveys, OSH risk reviews, mental-health indicators, and continuous improvement.
Contractor & client clauses: make adherence to the policy a condition for access to premises and services; provide for joint investigations or information-sharing where lawful.

5) The Committee on Decorum and Investigation (CODI)

Mandatory for both private and public sectors in cases of sexual harassment/GBSH; best practice is to empower CODI (or an equivalent standing body) to handle all bullying/harassment matters.

Structure & safeguards

Representative membership (management, rank-and-file, women’s rep, OSH/HR, union where present).
Fixed terms; mandatory training; rules on recusals and confidentiality.
Accessibility (email, hotline, online portal, physical office hours).
Trauma-informed procedures; allowance for support person/counsel.

Process

Intake & triage: immediate safety measures; medical/psychosocial referrals.
Preliminary evaluation: whether allegations, if true, amount to a policy offense; decide on formal investigation.
Formal investigation: twin-notice, hearing/position papers, evaluation of digital and testimonial evidence.
Resolution: reasoned findings; recommended sanctions and corrective actions.
Post-case follow-through: monitor retaliation risks; update risk assessments and training content.

6) Sanctions & Remedies

Administrative: reprimand, suspension, demotion, dismissal (with accessory penalties in the civil service).
Labor: termination for just causes (serious misconduct, willful disobedience, fraud, loss of trust), subject to due process and substantial evidence.
Criminal (where applicable): RA 11313 offenses (GBSH), RA 7877 (sexual harassment), Anti-Violence Against Women and Their Children (RA 9262) in intimate-partner contexts that overlap with the workplace, Anti-Wiretapping/Data Privacy violations if evidence is illegally obtained.
Civil: damages (moral, exemplary), breach of contract or tort.
Regulatory: OSH penalties for failure to control psychosocial hazards; possible orders from DOLE labor inspectors or CSC directives/OMB for government.

7) Evidence & Documentation

Contemporaneous notes by the complainant and witnesses; preserve messages, emails, call logs, screenshots, access logs, CCTV clips.
Medical/psychological reports (with consent).
OSH incident reports and risk assessments; training attendance records.
Chain of custody for digital artifacts; metadata preservation; avoid altering devices.
Privacy checks: redact non-essential personal data before sharing broadly.

8) Special Topics

Cyberbullying & Remote/Hybrid Work

Apply the policy to official chat, email, collaboration tools, and bring-your-own-device environments.
Set quiet hours, moderation for group channels, and escalation rules for online misconduct.

Third-Party Harassment (clients, vendors, visitors)

Train staff to disengage and report; empower security; use trespass/no-access rules.
Ensure contractual remedies (indemnity, termination for breach of anti-harassment obligations).

Mental Health Integration

Offer EAP, counselling, and reasonable accommodations (temporary reassignments, flexible work).
Conduct stress and psychosocial risk assessments at least annually; track hotspot teams/sites.

Unions and CBAs

Align the policy with CBA grievance procedures and designate pathways for co-management of investigations to avoid forum-shopping and delays.

9) Model Compliance Checklist (Quick Audit)

Governance

Signed anti-harassment/bullying policy covering GBSH and non-GBSH bullying.
CODI constituted, trained, resourced, and published.
DPO and OSH Committee roles defined for bullying cases.

Prevention

Induction and annual training; specialized manager/security modules.
Contractor/client clauses embedded; visitor code of conduct posted.
Climate survey or risk assessment completed in the last 12 months.

Response

Multiple reporting channels active and tested.
Intake SOP with safety triage and interim measures.
Twin-notice and due-process templates; decision templates with matrixed sanctions.

Support

EAP/mental-health services and referral pathways.
Data privacy notices and retention schedule in place.

Monitoring

Quarterly anonymized case dashboard to top management/CWC/GAD Focal Point.
Periodic policy review (at least every 2 years or after major case).

10) Frequently Asked Practical Questions

Q: Do we need a separate “anti-bullying” policy if we have a sexual-harassment policy? A: Combine them into a single Anti-Harassment, Bullying, and Violence Policy that explicitly covers non-sexual bullying and GBSH. This avoids gaps and simplifies training.

Q: Is CODI required for non-sexual bullying? A: CODI is mandatory for sexual-harassment/GBSH cases; many employers vest CODI (or a sibling panel) with jurisdiction over all bullying to ensure consistency and survivor-safe processes.

Q: Can we terminate a bully on a first offense? A: Yes, if the act qualifies as a just cause (e.g., serious misconduct), supported by substantial evidence and due process. Otherwise, use graduated sanctions and corrective measures.

Q: Are anonymous complaints allowed? A: Yes, for tip-offs that trigger preliminary checks. A formal case typically needs a complainant or adequate corroboration, but safety measures can be imposed immediately if risk is credible.

Q: How do we handle cross-border teams? A: Philippine employees must still be protected under Philippine law; also comply with any stricter foreign rules that apply. Choose the higher standard when overlapping.

11) Template: Outline of a Philippine Workplace Anti-Bullying/Harassment Policy

Purpose & Scope
Definitions (bullying, harassment, GBSH, retaliation, hostile environment, online conduct)
Prohibited Acts & Illustrative Examples
Reporting Channels (confidential email, hotline, portal; bystander reporting)
Immediate Safety & Interim Measures
Investigative Process (screening, notices, hearings, timelines, evidence handling)
Sanctions & Corrective Actions (matrix by gravity/recurrence)
Support & Accommodations (EAP, leave options, flexible work)
Data Privacy & Records
Training & Communication
Third-Party & Contractor Compliance
Monitoring, Review, and Accountability
Effectivity & Repealing Clause

12) Key Takeaways for Counsel, HR, and Compliance

Treat bullying as a safety and health, equality, and discipline issue—not merely interpersonal conflict.
Your policy + CODI + OSH + mental-health stack must work together.
Build documentation discipline: risk assessments, training logs, case files, decisions, and monitoring dashboards.
Proactively extend coverage to cyberbullying and third-party harassment.
Emphasize anti-retaliation and confidentiality at every stage.

Need a customized policy or CODI SOP tailored to your organization (private or government)? I can draft one with your headcount, structure, and existing HR/OSH processes in mind.