In the Philippine legal landscape, the relationship between employer and employee is not merely contractual; it is imbued with public interest. The 1987 Constitution and the Labor Code of the Philippines provide the bedrock for protecting workers' dignity and ensuring they receive just compensation for their labor.
I. Protection Against Workplace Harassment
Workplace harassment in the Philippines is primarily governed by two landmark pieces of legislation: the Anti-Sexual Harassment Act of 1995 (RA 7877) and the more expansive Safe Spaces Act (RA 11313).
1. Sexual Harassment (RA 7877)
Under this law, work-related sexual harassment is committed by an employer, manager, supervisor, or any person who has authority, influence, or moral ascendancy over another. It occurs when:
- The sexual favor is made a condition in the hiring or the employment re-employment or continued employment of said individual.
- The refusal to yield to the sexual favor results in limiting, segregating, or classifying the employee which would discriminate against or deprive the employee of employment opportunities.
2. The Safe Spaces Act (RA 11313)
This law expanded the definition of harassment beyond those in positions of authority. It covers Gender-Based Sexual Harassment (GBSH) in the workplace, which includes:
- Physical acts: Touching, pinching, or brushing against the body.
- Verbal acts: Persistent telling of sexual jokes, use of sexual slurs, or unwanted comments on appearance.
- Non-verbal acts: Leering, whistling ("catcalling"), or the distribution of sexual photos/videos.
Employer Responsibilities: Employers are legally mandated to:
- Promulgate a policy against sexual harassment.
- Create a Committee on Decorum and Investigation (CODI) to handle complaints.
- Conduct training and awareness sessions for employees.
- Provide support measures to victims.
II. Rights Regarding Unpaid Salaries
The Labor Code of the Philippines (Presidential Decree No. 442) strictly regulates how and when wages must be paid.
1. Timely Payment of Wages
Wages must be paid at least once every two weeks or twice a month at intervals not exceeding sixteen (16) days. If an employer fails to pay on time, they are in violation of Article 103 of the Labor Code.
2. Non-Interference with Wages (Article 112)
No employer shall limit or otherwise interfere with the freedom of any employee to dispose of their wages. They cannot force employees to patronize any store or service owned by the employer.
3. Prohibited Deductions (Article 113)
Employers are generally prohibited from making deductions from an employee's wages, except in the following cases:
- When the deductions are authorized by law (e.g., SSS, PhilHealth, Pag-IBIG, and withholding taxes).
- For union dues, where the right to check-off has been recognized by the employer.
- When the employer is authorized in writing by the employee to pay a third person.
4. Final Pay (DOLE Department Advisory No. 06-20)
Upon resignation or termination, an employee is entitled to their "Final Pay," which typically includes:
- Unpaid earned salary.
- Pro-rated 13th-month pay.
- Cash conversion of unused Service Incentive Leaves (SIL).
- Other benefits stipulated in the employment contract or Collective Bargaining Agreement (CBA).
- Timeline: This must be released within thirty (30) days from the date of separation.
III. Legal Remedies and Recourse
If an employee’s rights are violated, the primary agency for redress is the Department of Labor and Employment (DOLE).
For Unpaid Salaries:
- Request for Assistance (RFA): Filed through the Single Entry Approach (SEnA). This is a mandatory 30-day conciliation-mediation process to reach an amicable settlement.
- Formal Labor Case: If SEnA fails, the case is referred to a Labor Arbiter under the National Labor Relations Commission (NLRC) for money claims.
For Harassment:
- Internal Filing: Report the incident to the company’s CODI. The employer is liable for damages if they are informed of the harassment and fail to take immediate action.
- Administrative/Criminal Filing: A victim may file a criminal complaint for violation of RA 7877 or RA 11313 with the Prosecutor’s Office.
- Constructive Dismissal: If the harassment makes continued employment unbearable, the employee may resign and file a case for "constructive illegal dismissal," which may entitle them to separation pay and damages.
Important Note: Under Article 118 of the Labor Code, it is unlawful for an employer to retaliate against an employee who has filed a complaint or testified in a proceeding regarding wages or harassment.