Legal Remedies for Workplace Bullying in the Philippines
(A 2025 practitioner’s overview)
1. Why this topic matters
Although Filipino labour law has long protected dignity at work, “workplace bullying” as a standalone label is relatively new in Philippine discourse. It cuts across physical, verbal, psychological and digital acts that humiliate, intimidate, isolate or otherwise impair an employee’s dignity, health or career. Left unchecked it lowers productivity, fuels turnover, and exposes employers to multi-front liability—administrative, labour, civil and even criminal.
2. Defining Workplace Bullying
There is no single statute titled “Anti-Workplace Bullying Act.” Practitioners therefore draw the definition from:
| Source | Key language relevant to bullying | Notes |
|---|---|---|
| Art. 13, Philippine Constitution | “full protection to labour” and “humane conditions of work” | Constitutional backdrop. |
| Labour Code (as renumbered, 2017-2024) | Art. 297(a) “serious misconduct”; Art. 303 right to “just and humane conditions” | Bullying may amount to serious misconduct or constructive dismissal. |
| RA 7877 (Anti-Sexual Harassment Act, 1995) | Work-related “demand, request or requirement for sexual favour … which creates an intimidating, hostile or offensive environment.” | Covers bullying when it is sexual in nature. |
| RA 11313 (Safe Spaces Act, 2019) & DOLE D.O. No. 230-22 | “gender-based intimidation, humiliation, unwelcome remarks or physical, verbal or online conduct that causes or is likely to cause distress” in workplaces. | First statute to impose explicit employer duties against workplace harassment/bullying, gender-based or not. |
| RA 11058 & D.O. 198-18 (OSH Law & IRR, 2018) | Employers must ensure a workplace “free from hazardous conditions that are likely to cause illness”—includes psychosocial hazards. | |
| Civil Code Arts. 19, 20, 21, 26, 2176 & 2219 | Abuse of rights; torts; moral & exemplary damages. | Enables damages suits even when no specific labour violation. |
| ILO Convention 190 (Violence and Harassment, ratified by PH 2024) | Defines workplace violence/harassment broadly; now part of Philippine law under Art. II, Sec. 2, Constitution. |
From these, lawyers typically classify bullying as:
- Direct acts – shouting, insults, threats, stalking, cyber-bashing.
- Indirect acts – gossip, social exclusion, humiliating tasks.
- Institutional or mobbing – concerted actions tolerated by management.
3. Overview of Remedies
3.1 Internal or “In-House” Remedies
| Mechanism | Who initiates | Legal basis | Outcome |
|---|---|---|---|
| Company Grievance Machinery / Code of Conduct | Employee or safety officer | • Labour Code Arts. 275–276 (CNA, grievance) • RA 11313 Sec. 17 (employer duty to adopt an internal policy) |
Written reprimand, suspension, termination, apology, EAP referral. |
| OSH Committee intervention | Safety officer or worker representative | RA 11058 / D.O. 198-18 | Hazard assessment, work modification, removal of aggressor from site. |
Best practice: The DOLE-approved “Workplace Policy on Violence and Harassment” template (Annex A, D.O. 230-22) requires: (i) definition of violence & harassment incl. bullying, (ii) two-tier procedure—informal mediation then formal investigation, (iii) non-retaliation clause, (iv) record-keeping.
3.2 Administrative Remedies (filed with government agencies)
| Forum | Complaint type | Reliefs & penalties |
|---|---|---|
| DOLE—Bureau of Working Conditions / Regional Office | Failure to adopt policy, training or committee under RA 11313, RA 11058 | Compliance orders, stoppage of work, fines (P20 000–P50 000 per violation), possible issuance of improvement orders. |
| Civil Service Commission (for gov’t workers) | Acts of “conduct prejudicial to the best interest of the service” | Suspension, dismissal, forfeiture of benefits; entry in 2017 “No to Bullying in the Bureaucracy” guidelines. |
3.3 Labour-Arbitration Remedies
| Forum | Cause of action | Typical scenarios | Possible awards |
|---|---|---|---|
| National Labor Relations Commission (NLRC) | Constructive dismissal when employee quits due to bullying; Unfair labour practice (ULP) if harassment discriminatory vs. unionists | Persistent verbal abuse by superior; “mobbing” causing forced resignation | Reinstatement w/back wages; separation pay; moral & exemplary damages; attorney’s fees. |
| Voluntary Arbitration (VA) | Grievance under CBA | Unionised shops—bullying violates CBA “humane treatment” clause | CBA damages, specific performance. |
Note on evidence: Screenshots, witness affidavits, psychiatric evaluation, e-mails and CCTV are admissible. DOLE uses “totality of circumstances” test; NLRC applies the burden-shifting rule (once prima facie shown, employer must disprove or justify).
3.4 Criminal Remedies
| Statute | Offence related to bullying | Elements & penalties (revised as of 2025) |
|---|---|---|
| RA 11313 (Safe Spaces Act) | Gender-based online, verbal or physical harassment in workplace | Fine ₱30 000–₱100 000 and/or imprisonment 1–6 months; mandatory community service & counseling; second offence causes license suspension for businesses. |
| RA 7877 | Work-related sexual harassment | Imprisonment up to 6 months &/or ₱10 000 fine; employer may be solidarily liable for damages. |
| Revised Penal Code, Art. 287 | Unjust vexation (catch-all for bullying acts) | Arresto menor/fine; often used when bullying doesn’t fit special laws. |
| VAWC Act, RA 9262 (for women/children) | Psychological violence if aggressor is intimate partner or household member also employed in same workplace | Imprisonment 6 years-12 years; protection orders. |
Criminal complaints begin at the barangay (if parties reside in same barangay) or directly before the Prosecutor’s Office.
3.5 Civil Remedies
An employee may sue in regular courts even while an NLRC case is pending for:
- Tort under Arts. 19–21 – abusive exercise of rights.
- Quasi-delict under Art. 2176 – negligent failure to prevent bullying.
- Moral, exemplary & nominal damages (Arts. 2219, 2229).
- Rescission or nullity of quitclaim signed under duress (Art. 1390 Civil Code).
Corporate officers & aggressors may be solidarily liable with the employer where participation or gross negligence is proven (Art. 2180; Jolo Shipping vs. NLRC, G.R. 214476, 2022).
4. Procedural Road-Map
Document the incident(s) – diary, screenshots, medical notes.
Invoke internal policy – file a grievance within 5–10 calendar days (usual rule).
Parallel safety report – submit to OSH Committee for immediate hazard response.
If unresolved/retaliation occurs –
- Private sector: file NLRC complaint within 4 years (Art. 305).
- Public sector: file with agency head & CSC within 15 days.
Criminal option can proceed independently; file Sworn Statement before prosecutor.
DOLE inspection may be requested anonymously (RA 11313 Sec. 21).
Statute of limitations: Tort actions = 4 years; criminal unjust vexation = 1 year; Safe Spaces violations = 5 years.
5. Employer Obligations & Compliance Checklist (2025)
✓ Adopt a Comprehensive Workplace Violence & Harassment Policy (RA 11313 + D.O. 230-22). ✓ Establish a Committee on Decorum and Investigation (CODI) with at least 50-50 gender representation (RA 7877). ✓ Integrate Mental Health Programs (RA 11036, D.O. 208-20) and provide stress-management leave where feasible. ✓ Conduct annual training and post signage on Safe Spaces Act penalties. ✓ Maintain confidential records for 10 years (Data Privacy Act compliance). ✓ Include clause in subcontractor agreements extending the policy to third-party workers.
Non-compliance may bar an employer from DOLE Certificate of Compliance and participation in government procurement.
6. Jurisprudence Highlights
| Case | G.R. No. / Date | Principle |
|---|---|---|
| Bravo vs. Urios University (G.R. 198213, 23 Apr 2019) | Persistent humiliation of teacher by dean constituted constructive dismissal; NLRC may award moral damages even without medical proof if mental anguish patent. | |
| Esguerra vs. Jentec Storage (G.R. 232740, 09 Dec 2021) | “Shouting and cursing” by manager deemed serious misconduct; employer’s failure to discipline showed tolerance, solidary liability. | |
| Sison vs. CA & ABS-CBN (G.R. 204182, 25 Aug 2020) | Reiterated that hostile environment harassment need not be sexual to justify resignation with separation benefits. | |
| People vs. Radaza (CA-G.R. CR-HC 10727, 2024) | First conviction under Safe Spaces Act for workplace gender-based verbal harassment; court ordered company to adopt policy within 60 days. |
7. Gaps & Pending Legislation
- House Bill No. 8442 (“Anti-Workplace Bullying Act”) – proposes explicit civil action, graduated fines. Pending in Senate committee as of June 2025.
- Stronger whistle-blower protection – bills seek to shield complainants from strategic lawsuits (“SLAPP”) by employers.
- Lack of uniform psychosocial hazard thresholds—standards still await DOLE-OSH Tripartite Rules.
8. Practical Tips for Practitioners & HR
- Front-load prevention: Policy + regular climate surveys reduce litigation.
- Use progressive discipline: Written warning → suspension → dismissal; keep minutes.
- Coordination: CODI findings should feed into OSH risk assessments.
- Medical evidence: Encourage victims to secure a psychiatric report early; courts increasingly require “substantial evidence” of harm.
- Digital forensics: Preserve chat logs under Rule 27 (e-Discovery) of the Rules of Civil Procedure (2020).
- Settlement: NLRC Single-Entry Approach (SEnA) mediates within 30 days; compromise agreements are valid if voluntary, reasonable and with independent counsel.
9. Conclusion
While the Philippines still lacks a dedicated “Workplace Bullying Act,” existing constitutional mandates, labour statutes, special laws (Safe Spaces, OSH, Mental Health), civil-code tort doctrine, and recent jurisprudence together create a robust—if scattered—remedial framework. Employers who adopt strong internal policies, respect due process, and promptly address psychosocial hazards can largely immunise themselves from the spiralling costs of bullying claims. For lawmakers, codifying a unified statute would harmonise procedures, broaden coverage beyond gender-based conduct, and affirm every Filipino worker’s right to a respectful and dignified workplace.