In the Philippine labor landscape, project-based employment is a common arrangement, particularly in the construction, BPO, and creative industries. However, there is often a misconception that because a project employee’s tenure is tied to a specific undertaking, they possess fewer protections against workplace discrimination and harassment.

Under Philippine law, project employees are entitled to the same fundamental rights as regular employees regarding dignity, safety, and freedom from discriminatory practices.

1. The Legal Framework

The protection of project-hired staff is rooted in a hierarchy of laws that penalize discriminatory conduct and harassment regardless of employment status.

The 1987 Constitution: Guarantees full protection to labor and promotes equal employment opportunities for all.
The Labor Code (Presidential Decree No. 442): Prohibits discrimination against women (Articles 133-135) and protects the right to security of tenure.
Republic Act No. 11313 (Safe Spaces Act / Bawal Bastos Law): Expands the definition of sexual harassment to include gender-based infractions in public and workplace settings.
Republic Act No. 7877 (Anti-Sexual Harassment Act of 1995): Penalizes work-related sexual harassment committed by those with authority, influence, or moral ascendancy.
Republic Act No. 10911 (Anti-Age Discrimination in Employment Act): Prohibits age-based discrimination in hiring, promotion, and termination.
Republic Act No. 7277 (Magna Carta for PWDs): Protects persons with disabilities from discrimination in the workplace.

2. Understanding Workplace Harassment

Harassment in a project-hired context often manifests through the abuse of power, given the temporary nature of the contract.

Sexual Harassment (RA 7877 and RA 11313)

Harassment occurs when a person in authority (e.g., a Project Manager or Team Lead) demands sexual favors as a condition for:

The renewal of a project contract.
Favorable performance ratings.
The continued employment of the individual.

The Safe Spaces Act further covers "peer-to-peer" or "subordinate-to-superior" harassment, including persistent uninvited comments, sexist slurs, and "catcalling" within the project site or office.

Discrimination

Discrimination involves treating a project employee less favorably due to their gender, age, religion, ethnicity, or disability. Common examples include:

Paying a project employee less than a regular employee for work of equal value without a valid technical justification.
Excluding project staff from safety protocols or training provided to permanent staff.

3. Legal Remedies and Actions

Project employees facing these issues have several avenues for redress. It is a myth that filing a complaint will automatically result in a valid termination; any retaliatory dismissal is considered illegal dismissal.

Internal Redress: The CODI

Under the law, every employer is mandated to create a Committee on Decorum and Investigation (CODI).

Action: The employee should file a formal written complaint with the CODI.
Employer Liability: If an employer is informed of harassment and fails to take immediate action, the company can be held solidarily liable for damages.

Administrative Remedies: DOLE and NLRC

SENA (Single Entry Approach): The first step is often a request for assistance through the Department of Labor and Employment (DOLE) for mediation.
Labor Arbiter: If mediation fails, a formal position paper can be filed with the National Labor Relations Commission (NLRC). Remedies include:
Reinstatement: If the project is still ongoing.
Backwages: Payment of wages lost due to discriminatory termination.
Moral and Exemplary Damages: Awarded if the harassment was attended by bad faith or oppressive conduct.

Criminal and Civil Actions

Harassment under the Safe Spaces Act or RA 7877 carries criminal penalties, including imprisonment and fines. A project employee may file a criminal complaint with the Prosecutor’s Office independently of the labor case.

4. Specific Considerations for Project Employees

The "End of Contract" Pretext

Employers often attempt to mask discrimination by simply "not renewing" a project contract. However, Philippine jurisprudence (notably GMA Network, Inc. vs. Pabriga) establishes that if a project employee is repeatedly rehired for the same tasks, they may be deemed regular employees. Even if truly project-based, the non-extension of a contract based on discriminatory motives (e.g., pregnancy or age) constitutes a violation of the Labor Code.

Evidence Gathering

Because project sites can be transient, documentation is critical:

Keep copies of the Project Employment Contract.
Save digital footprints (emails, Viber/Slack messages) containing harassing language.
Secure affidavits from co-workers whose projects may also be ending but can testify to the workplace environment.

Summary of Remedies Table

Type of Violation	Primary Legal Basis	Venue for Complaint
Sexual Harassment	RA 7877 / RA 11313	Company CODI / RTC or MTC (Criminal)
Wage Discrimination	Labor Code, Art. 133	DOLE (SENA) / NLRC
Age Discrimination	RA 10911	DOLE / NLRC
Discriminatory Dismissal	Labor Code (Security of Tenure)	NLRC (Labor Arbiter)

Project-hired employees are not "second-class" workers. The law views the project contract as a limitation on duration, not a limitation on human rights. Any project employee subjected to an environment of hostility or inequality possesses the full suite of legal mechanisms to hold their employers and harassers accountable.