Verbal Abuse as Workplace Misconduct under Philippine Labor Law

(A comprehensive doctrinal and practical guide)

1. Overview & Significance

Verbal abuse—shouting, cursing, humiliating jokes, threats, or any other hostile utterances—remains one of the most frequent, yet least documented, forms of workplace misconduct. Philippine labor law treats it not merely as an interpersonal conflict but as (a) potential “serious misconduct” warranting dismissal, (b) a possible violation of statutes that protect employees’ dignity and safety, and (c) a ground for employer liability if left unaddressed. This article synthesizes the constitutional framework, statutes, regulations, and Supreme Court jurisprudence that together form the legal architecture governing verbal abuse in Philippine workplaces.

2. Constitutional Foundation

Article II, Sec. 11 – Dignity of Every Human Person
Article XIII, Secs. 3 & 18 – Protection of Labor, Just and Humane Conditions of Work

The Constitution underpins every piece of labor legislation; any policy or act that degrades employee dignity—including sustained verbal harassment—runs counter to these mandates.

3. Statutory Framework

Source	Key Provisions Relevant to Verbal Abuse
Labor Code (Pres. Decree 442) – Art. 297 [282]	“Serious misconduct” and “analogous causes” justify dismissal; jurisprudence repeatedly classifies grave verbal abuse as such when (1) related to the employee’s duties and (2) of a character showing wrongful intent.
Labor Code – Arts. 128 & 303	DOLE’s visitorial & enforcement power; criminal liability for certain violations.
RA 7877 (Anti-Sexual Harassment Act), RA 11313 (Safe Spaces Act)	Liability for gender‐based verbal harassment by anyone who has “authority, influence or moral ascendancy” over the victim.
RA 11058 (OSH Law) & DO 198-18	Obligates employers to prevent psychosocial hazards, including workplace violence and verbal abuse.
Civil Code – Arts. 19, 20, 21, 26	“Abuse of rights” and acts contrary to morals expose offenders (and possibly employers) to damages.
Revised Penal Code	Slander (Art. 358) and Unjust Vexation (Art. 287) may proceed alongside labor claims.
RA 9262 (VAWC)	Protects female employees if the abuser is an intimate partner who is also a co-worker.
Data Privacy Act	Imposes safeguards on audio/video recordings of abusive language.
Department Order 147-15 (Series 2015)	Consolidates rules on just-cause dismissal and affirms due-process twin-notice requirement.

4. Jurisprudence: When Does Verbal Abuse Merit Dismissal?

Case	Facts & Ruling	Guiding Principles
PLDT v. NLRC & Bolso (G.R. L-50620, 1989)	Employee repeatedly shouted profanities at a supervisor. SC upheld dismissal: “Gross misconduct showing utter disrespect” counts as serious misconduct.
Glaxo Welcome Phils. v. Malan (G.R. 167979, 2008)	Single incident of “shouting and name-calling” during a heated meeting not enough; dismissal overturned—proportionality matters.
St. Luke’s Medical Center v. Notario (G.R. 195909, 2016)	Nurse’s verbal threats and cursing at a fellow nurse upheld as valid ground for dismissal, especially in a hospital setting where decorum is essential.
Espejo v. CA (PAL case) (G.R. 189843, 2014)	Pilot’s sarcastic radio transmissions did not warrant dismissal; SC stressed context and intent.
Cosare v. Broadcom Asia (G.R. 201298, 2015)	Employer held liable for constructive dismissal after constant ridicule and verbal humiliation drove employee to resign.

Elements distilled by the Court:

Misconduct – an improper or wrongful conduct.
Grave & Aggravated – the act must be of such seriousness that it shows moral depravity.
Relation to Work – must be connected with the employee’s duties, not purely personal.
Evidence of Wrongful Intent – proven through words used, prior warnings, surrounding circumstances.

5. Employer’s Duties & Potential Liability

Preventive Obligations
- Develop and disseminate anti-harassment and anti-violence policies (OSH Law & DO 198-18).
- Train managers on proper disciplinary procedures and respectful communication.
Corrective Obligations
- Investigate promptly—failure may spawn constructive-dismissal or damages claims.
- Impose sanctions proportionate to the offense (DO 147-15).
- Re-train or re-assign offenders if warranted.
Liability for Inaction
- Article 218(g) Labor Code authorizes NLRC to award moral and exemplary damages where management condones abuse.
- Victims may also file separate civil actions under the Civil Code for abuse of rights or mental anguish.

6. Procedural Due Process in Disciplining a Verbally Abusive Employee

Step	Requirements	Deadlines
Notice to Explain (NTE)	Detailed narration of utterances, rule violated, and possible penalty.	Reasonable period (≥ 5 calendar days).
Opportunity to be Heard	Written explanation and/or formal hearing.	Within the period stated in NTE.
Notice of Decision	States facts, rule breached, and legal basis (Art. 297).	Within 30 days from NTE, as best practice.
Preventive Suspension	Allowed if presence poses a serious and imminent threat to life or property; max 30 days, paid after 30 days if not extended for valid reasons.

Failure to comply converts dismissal into illegal dismissal, entitling the employee to reinstatement and full back wages even if the act (verbal abuse) is proven. The Court strictly distinguishes just cause from procedural aspects.

7. Defenses & Mitigating Factors

Provocation or mutual taunting
Long-established clean record
Momentary emotional outburst without malice
Self-defense against earlier harassment

These may reduce the penalty to suspension or warning but do not erase liability if the language crosses the line of decency.

8. Intersection with Gender-Based & Anti-Bullying Statutes

Safe Spaces Act (RA 11313) – catcalling, misogynistic slurs, and sexist jokes are administrative offenses regardless of the abuser’s intent; employers must create safe- space committees, or face fines and closures.
Anti-Sexual Harassment Act (RA 7877) – abusive remarks with sexual overtones by a person with authority, influence or moral ascendancy constitute actionable sexual harassment.
Child Labor – If the abused worker is below 18, RA 10364 (Expanded Anti-Trafficking) and special protective measures apply.

9. Remedies for the Aggrieved Employee

Grievance Machinery – if a CBA exists.
Administrative Complaint with DOLE Regional Office – for OSH, sheriff enforcement, or visitorial orders.
NLRC/Arbitration Case – for constructive dismissal, moral damages, or illegal dismissal.
Criminal Prosecution – for slander or unjust vexation; note the six-month prescriptive period under Article 90 RPC.
Protection Orders – under RA 11313 or RA 9262 if marital/partner abuse.

10. Best-Practice Checklist for Employers

Draft a Code of Conduct enumerating verbal abuse as a terminable offense.
Constitute a Committee on Decorum and Investigation (CODI)—mandatory for Safe Spaces compliance.
Keep written records (incident reports, witness statements, CCTV audio, chat logs) to support disciplinary actions.
Provide counseling and EAP services; the OSH Law recognizes mental well-being as part of occupational safety.
Conduct exit interviews; repeated complaints of an abusive supervisor may reveal a pattern.

11. Conclusion

Verbal abuse is not a trivial matter but a legally recognized form of workplace violence that can justify dismissal, attract civil and even criminal liability, and erode morale and productivity. A consistent thread in Supreme Court decisions is the need for contextual assessment and proportionality—a single lapse may be forgivable, but persistent, obscene, or threatening tirades virtually assure just-cause termination. Equally clear is the duty of employers to foster a respectful environment; failure to do so is negligence that the law punishes with damages, fines, and reputational harm.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific cases, consult a Philippine labor-law practitioner.