Workplace bullying and harassment create a toxic environment that undermines employee dignity, morale, and productivity. In the Philippines, the legal framework protecting employees has evolved from general labor standards to specific legislation and administrative issuances aimed at curbing these behaviors.

I. Legal Framework and Definitions

Workplace bullying and harassment are governed by a combination of special laws and the Labor Code of the Philippines.

1. Republic Act No. 11313 (Safe Spaces Act)

Widely known as the Bawal Bastos Law, this is the primary legislation covering gender-based sexual harassment in the workplace. It expands the definition of harassment beyond the traditional superior-subordinate dynamic.

Scope: It covers acts committed between peers, by a subordinate to a superior, and by any person in the workplace regardless of rank.
Prohibited Acts: These include persistent uninvited comments or gestures on appearance, catcalling, misogynistic/transphobic/homophobic slurs, and any unwanted sexual advances (physical, verbal, or digital).

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

This law focuses on work-related sexual harassment within a hierarchy.

Definition: Harassment occurs when a person with authority, influence, or moral ascendancy demands sexual favors as a condition for employment, promotion, or favorable treatment.

3. Civil Service Commission (CSC) and Labor Code

For the public sector, CSC Resolution No. 01-0940 governs administrative cases. For the private sector, the Labor Code provides the basis for "Just Causes" for termination and the duty of the employer to provide a safe working environment.

II. DOLE Guidelines and Employer Obligations

The Department of Labor and Employment (DOLE) enforces compliance in the private sector through various Department Orders (DO) and Labor Advisories.

1. Mandatory Workplace Policies

Employers are legally required to:

Create a Policy: Formulate a clear internal policy against bullying and harassment.
Information Campaigns: Disseminate the law and policy to all employees.
Committee on Decorum and Investigation (CODI): Under RA 11313 and RA 7877, employers must create a CODI. This committee is tasked with investigating complaints and recommending disciplinary actions.

2. Administrative Liability of Employers

Employers can be held liable if:

They fail to take action on a reported incident.
They do not establish a CODI.
They fail to create or disseminate the required anti-harassment policies.

III. Legal Remedies for Employees

Victims of workplace bullying and harassment have several avenues for redress:

1. Administrative Remedies (Internal)

The first step is usually filing a formal complaint with the company’s Human Resources or the CODI.

Consequence: If the respondent is found guilty, they may face suspension or dismissal (termination for just cause under Article 297 of the Labor Code).

2. Labor Litigation (NLRC)

If the bullying becomes so severe that the employee is forced to resign, the employee may file a case for Constructive Dismissal before the National Labor Relations Commission (NLRC).

Remedy: The employee may claim separation pay, backwages, and moral damages.

3. Criminal Action

Acts that constitute "Bawal Bastos" or Grave Coercion/Slander under the Revised Penal Code can be filed with the Office of the Prosecutor.

Penalties: Under the Safe Spaces Act, penalties range from fines to imprisonment, depending on the frequency and severity of the act.

4. Civil Action

A victim may file a separate civil suit for Damages under the Civil Code of the Philippines (Articles 19, 20, and 21), citing the "Abuse of Rights" principle and the employer's failure to provide a safe workplace.

IV. Summary of Procedures for Victims

Documentation: Keep a detailed log of dates, times, witnesses, and the specific nature of the bullying or harassment. Save screenshots of digital harassment.
Formal Report: Submit a written complaint to the employer to trigger the CODI process.
DOLE Intervention: If the employer refuses to act, the employee may seek assistance from the nearest DOLE Regional/Field Office for Request for Assistance (RFA) under the Single Entry Approach (SEnA).
Legal Filing: If mediation fails, proceed to file the appropriate administrative, labor, or criminal case.