Verbal Abuse by an Employer & Workplace Harassment in the Philippines: Complete Legal Guide and Remedies (2025 Update) For educational purposes only; not a substitute for individualized legal advice.

1. Introduction

Verbal abuse—shouting, insulting, humiliating, or threatening language—often slides under the radar because it leaves no physical scars. Under Philippine law, however, it can amount to workplace harassment that violates an employee’s constitutional right to “human dignity, safety and health at work” (1987 Const., art. XIII, §3) and can give rise to administrative, civil, and even criminal liability for both the employer and individual perpetrators.

2. What Counts as “Verbal Abuse” or “Harassment”?

Typical Conduct	Why It Can Be Unlawful
Repeated screaming, cursing, public humiliation	Creates an abusive working environment (R.A. 11313 & R.A. 7877)
Threats of firing for small mistakes	Unjust, coercive acts—may amount to constructive dismissal under the Labor Code
Gender-based slurs, sexual jokes, catcalling, unwanted “pet names,” or comments on appearance	Gender-Based Sexual Harassment (GBSH) under the Safe Spaces Act
Mocking an employee’s race, religion, disability, or sexual orientation	Discrimination actionable under R.A. 7277 (PWDs), R.A. 11166 (PLHIV), Magna Carta of Women, etc.
Harassing statements in work group chats, emails, or videoconferences	Covered by Telecommuting Act (R.A. 11165), Safe Spaces Act, Cybercrime Law

Key point: A single outburst may already be actionable if it is severe, but most cases involve a pattern that poisons the work climate.

3. Principal Laws & Regulations

Instrument	Core Obligations / Sanctions
Labor Code (PD 442, as amended) arts. 3, 5, 294, 297 & 303	Employers must ensure humane conditions; verbal abuse may justify illegal dismissal, moral and exemplary damages, and reinstatement with back wages.
Civil Code arts. 19–21, 26, 2176	Bases for civil suit for moral, nominal, temperate, and exemplary damages; doctrine of “abuse of rights.”
R.A. 7877 (Anti-Sexual Harassment Act 1995)	Requires Committee on Decorum and Investigation (CODI); imposes administrative & criminal penalties; prescriptive period: 3 yrs.
R.A. 11313 (Safe Spaces Act 2019)	Expands liability to any gender-based harassment (even if no hierarchy); employer can be fined up to ₱100 k + license suspension for non-action.
R.A. 11058 & D.O. 198-18 (OSH Act)	“Psychosocial hazards” include verbal harassment; DOLE may issue Compliance Orders and closure.
R.A. 11036 (Mental Health Act)	Requires workplace mental-health policies and access to services.
R.A. 9710 (Magna Carta of Women), R.A. 6727 (Wage Law), R.A. 11590 (if POGO)	Provide equality clauses and employer duties.
Revised Penal Code arts. 355–358, 287	Slander/Oral Defamation (imprisonment/fine); Unjust Vexation (up to 30 days jail or fine).
Civil Service Rules (CSC MC 15-97, as amended 2017)	Parallel protection for government workers.
Jurisprudence	e.g., Santos v. NLRC (G.R. 214833, 2021) – repeated verbal tirades = constructive dismissal; Jarcia v. NLRC (G.R. 162217, 2016) – “habitually insulting” superior justified employee’s resignation with damages.

4. Employees’ Rights vs. Employers’ Duties

Right to a safe and healthy workplace (Constitution, OSH Act).
Right to privacy and dignity (Civil Code art. 26).
Right not to be discriminated against (Labor Code, Magna Carta of Women).
Employer’s duty of ordinary diligence (Civil Code art. 2187; Labor Code art. 301): provide policies, training, quick investigation, and sanctions.
Duty to prevent & correct—not enough to react only after an NLRC case is filed.

5. Remedies at a Glance

Type	Venue / Body	Prescriptive Period	Typical Outcomes
Internal Grievance or CODI	HR dept.; CODI under R.A. 7877 & Safe Spaces Act	Within 5 yrs (Safe Spaces) but act quickly—15 working-day investigation rule	Apology, suspension/dismissal of harasser, mandatory training
SEnA Mediation	DOLE SEnA desks	30-day mandatory conciliation	Settlement agreement, quitclaim, or escalation
NLRC or NCMB	Regional Arbitration Branch	4 yrs (illegal dismissal), 3 yrs (money claims)	Reinstatement, back wages, damages
DOLE Compliance Orders	DOLE OSH inspectors	3 yrs for OSH violations	Fines ₱20 k–₱100 k per day; work stoppage
Criminal Complaint	Prosecutor’s Office / MTC	6 months (oral defamation), 5 yrs (Safe Spaces)	Fine up to ₱500 k, imprisonment, protection orders
Civil Action for Damages	RTC / MTC	4 yrs (quasi-delict); 1 yr (slander)	Moral, exemplary damages; injunction
Civil Service Complaint	CSC Regional Office	15-day filing from knowledge	Suspension, dismissal, forfeiture of benefits

6. Step-by-Step Guide for an Aggrieved Employee

Document Everything
- Keep a contemporaneous diary, screenshots, emails, audio (if consent laws allow), medical certificates showing anxiety or depression.
Check the Company Policy
- Locate the Code of Conduct / Anti-Harassment Policy.
Invoke the Internal Process
- File a confidential report to HR or your CODI; request minutes.
Seek Medical or Psychological Help
- Under the Mental Health Act, your PhilHealth HMO should cover initial consults.
Consult the DOLE SEnA Desk
- Free mediation; the employer’s attendance is mandatory.
File a Case if Needed
- NLRC for constructive dismissal or money claims.
- Prosecutor for slander, unjust vexation, or Safe Spaces Act.
- Civil Suit for damages in RTC (if >₱300 k).
Request Interim Relief
- NLRC may issue a temporary restraining order (TRO) to prevent retaliatory transfer.
Mind the Deadlines
- Missing prescriptive periods bars the action.
Collective Action
- Coordinate with your union; harassment can be a grievance under the CBA.
Expect the Employer’s Possible Defenses
- “Isolated incident,” “employee consented,” or “employer exercised diligence.” Counter with proof of pattern and lack of safeguards.

7. Remedies for Government Workers

Sexual or other harassment is prosecuted before the agency’s Committee on Decorum and Investigation (CSC MC 11-2021).
Sanctions range from reprimand to dismissal, forfeiture of benefits, and perpetual disqualification.
Appeals lie to the Civil Service Commission, then to the Court of Appeals via Rule 43.

8. Employer Liability & Compliance Checklist

Written Policy against all forms of harassment (R.A. 11313 §17).
Training: annual, gender-sensitive, orientation for new hires.
Committee on Decorum & Investigation: 5 members (at least 1 woman, 1 LGBTQIA+ rep is encouraged).
Anonymous Reporting Mechanism.
SANCTIONS Matrix: progressive, proportional discipline.
Mental-Health Program: EAP, counseling, stress-management workshops.
Record-Keeping for 10 years.
Posters & Signage in conspicuous areas.
Telecommuting Safeguards: moderate group-chat language; designate moderators.
Periodic Audit: internal or DOLE-accredited safety officer review.

Failure to comply can lead to solidary liability of the corporate officers plus administrative fines and—under the Safe Spaces Act—possible suspension of business permits.

9. Evidentiary Pointers

Primary evidence: screenshots, recordings, CCTV; must show date & sender.
Secondary evidence: testimonies of co-workers, HR, or family (psychological effect).
Expert evidence: psychiatrist’s report on anxiety, depression, PTSD.
Judicial notice: company’s own admission in audit reports or termination letters.
Burden of proof:
- Administrative – substantial evidence (relevant evidence a reasonable mind might accept).
- Civil – preponderance.
- Criminal – proof beyond reasonable doubt.

10. Prescription & Venue Quick Chart

Cause of Action	Venue	Period to File
Illegal dismissal	NLRC	4 yrs (Civil Code art. 1146)
Money claims	NLRC	3 yrs (Labor Code art. 306)
GBSH (Safe Spaces)	Prosecutor or barangay, then MTC/RTC	5 yrs
Slander/Oral defamation	Prosecutor	6 mos. (Art. 90 RPC)
Administrative harassment (R.A. 7877)	CODI / CSC	3 yrs
Civil damages (abuse of rights)	RTC/MTC	4 yrs

11. Recent Trends & Future Outlook (as of June 2025)

Remote-Work Harassment: DOLE Labor Advisory 07-23 clarifies that “virtual meeting spaces” are part of the workplace.
Mental-Health-Based Constructive Dismissal: Bragais v. Sunlife (G.R. 246925, March 6 2024) recognized severe anxiety from daily tirades as basis for award of damages.
Artificial-Intelligence Monitoring: Draft DOLE rules (2025) will require consultation before using emotion-tracking cameras—aimed at preventing new forms of abuse.
Higher Fines: Pending bills HB 9479/SB 2363 seek to triple Safe Spaces Act employer fines.

12. Best Practices for Employees & Employers

Employees

Keep silent witnesses in CC when replying to abusive emails.
Use calm, factual language in complaints—stick to dates, times, exact words.
Consider counseling early; mental-health records strengthen both therapy and legal case.

Employers

Swift “24-48-hour” response rule for complaints.
Rotate investigation panel members to avoid conflicts of interest.
Incorporate harassment scenarios in annual risk assessment.
Offer by-stander intervention training, not just victim-centric modules.

13. Conclusion

Under Philippine law, verbal abuse is never part of “management style.” Whether cloaked as “constructive criticism” or “tough love,” repeated insults, threats, or humiliations expose employers to a spectrum of sanctions—from reinstating a mistreated worker with back wages, to criminal fines and imprisonment, to closure of non-compliant worksites. The legal arsenal has grown steadily, most recently via the Safe Spaces Act and the OSH Law’s recognition of psychosocial hazards.

For workers, the path to redress typically starts in-house (grievance or CODI), but robust external mechanisms exist—DOLE, NLRC, civil courts, prosecutor’s offices, and the Civil Service Commission—each with its own timetables and evidentiary rules.

For management, prevention is the best defense. A genuine culture of respect, clear zero-tolerance policies, prompt investigations, and mental-health support not only shield the company from liability but also foster productivity and morale.