Verbal Abuse by an Employer as Workplace Harassment in the Philippines

A comprehensive legal primer and practical guide

1. Overview

Verbal abuse—insults, slurs, threats, shouting, obscene language, humiliating jokes, mockery, intimidation, or other hostile utterances—can rise to the level of workplace harassment when it creates an environment so offensive, intimidating, or oppressive that it interferes with the employee’s dignity, psychological well-being, or employment conditions. In Philippine law the conduct may be actionable even without physical contact; words alone can violate constitutional guarantees, statutes, labor regulations, and the Civil Code. Courts have repeatedly ruled that persistent verbal mistreatment may constitute constructive dismissal, giving the victim the same rights as one who is illegally dismissed.

2. Core Legal Sources

Instrument	Key Provisions on Verbal/Workplace Harassment
1987 Constitution	Art. II (State policy on dignity of labor, social justice); Art. XIII §3 (workers’ right to humane conditions); Art. III §1 (due process/equal protection)
Labor Code (Pres. Decree 442, as amended)	Art. 3 (Policy); Art. 118 (anti-retaliation); Art. 128 (visitorial powers); Art. 294–301 (illegal & constructive dismissal); Rule I, Book VI (just causes)
Civil Code	Art. 19–21 (abuse-of-right, acts contrary to morals), Art. 26 (respect for dignity), Art. 1701 (relationships in employment), Art. 2176 (quasi-delict), Art. 2217–2224 (damages)
RA 7877 (Anti-Sexual Harassment Act 1995)	Covers any unwelcome sexual or sex-based verbal conduct by someone with moral/authority influence in the workplace; mandates a Committee on Decorum and Investigation (CODI)
RA 11313 (Safe Spaces Act 2019)	Broader “gender-based” workplace harassment (GBWH) including sexist, misogynistic, homophobic, transphobic, or unwanted sexual remarks; imposes duties, administrative fines, possible imprisonment
RA 11058 & DOLE DO 198-18 (OSH Law & IRR 2018)	Duty to keep workplace free from hazards to mental health; failure may incur daily fines ₱20,000–₱100,000
RA 11036 (Mental Health Act 2018)	Employers must provide a safe environment that safeguards mental health and “protects against harassment”
Revised Penal Code	Art. 358 (oral defamation/slander), Art. 287 (unjust vexation), Art. 359 (slander by deed), Art. 355 (libel)
Anti-Age Discrimination (RA 10911), Anti-Discrimination on Employment of Women (RA 6725), PWD Act (RA 7277)	Verbal slurs that target protected classes can ground criminal/civil liability
Company Codes of Conduct & CBAs	May define additional verbal-abuse offenses and penalties

3. When Verbal Abuse Becomes Constructive Dismissal

Constructive dismissal is present when the employer’s acts—including relentless verbal abuse—render continued employment impossible, unreasonable, or unlikely, forcing the worker to quit. Notable Supreme Court rulings:

Case	G.R. No. / Date	Ratio/Significance
Star Paper Corp. v. Simbol	G.R. 164774 (12 Apr 2006)	Daily shouting of profanities by a manager held tantamount to constructive dismissal; employee awarded backwages, separation pay, damages.
Lim v. NLRC (Wiley-L) & Teng	G.R. 160559 (05 Feb 2004)	Humiliation and insults during meetings plus threats of termination nullified the resignation; reinstatement with full backwages ordered.
Gomez v. Imasen Manufacturing	G.R. 215314 (25 Jan 2017)	Supervisor’s repeated public scolding with foul language constituted unlawful dismissal.

SC jurisprudence stresses: “What matters is the effect—whether a reasonable employee would feel compelled to resign.”

4. Employer Duties & Possible Liability

4.1 Duties

Preventive Measures – Adopt a written anti-harassment policy, conduct regular orientation, post notices.
Internal Investigation – Create a CODI (RA 7877) or any grievance mechanism; act within 10 days of complaint; observe due process.
Corrective Action – Impose proportionate sanctions on the perpetrator; implement non-retaliation safeguards.
OSH Compliance – Include psychosocial risks in the Workplace Safety & Health Program.

4.2 Liability Exposure

Legal Basis	Sanctions/Fines
RA 11313 first offense	Employer: ₱50 000–₱100 000 fine + mandatory training
RA 11313 repeated offense	Higher fine + possible imprisonment (1–6 months) for responsible officer
RA 7877	1–6 months imprisonment or up to ₱20 000 fine, or both; admin liability
Labor Code	Monetary awards (backwages, separation pay) + moral & exemplary damages; attorney’s fees
Civil Code tort	Actual, moral, exemplary damages; interest
OSH Act	₱20 000–₱100 000 per day of non-abateable violation
Penal Code slander	Arresto mayor to imprisonment ≤6 years &/or fine; civil damages

5. Victim’s Remedies and Procedures

5.1 In-House or Near-Term Steps

Document incidents – dates, exact words, witnesses, screenshots, audio/video (ensure no illegal wiretapping).
File written complaint with HR/CODI within the company; keep photocopies.
Request leave or transfer if immediate safety is at stake (RA 11313 interim relief).

5.2 Administrative / Labor

Forum	What to File	Deadline	Outcome
DOLE Regional Office (Art. 128 power)	Complaint for OSH breach / workplace harassment	3 yrs (money claims)	Compliance order; fines; possible work-stoppage
NLRC	Illegal/constructive dismissal; moral damages	4 yrs (dismissal) / 3 yrs (money)	Reinstatement or separation pay; backwages; damages
Civil Service Commission (public sector)	Administrative complaint	15 days from knowledge	Suspension/dismissal of offender
Commission on Human Rights	Affidavit-complaint for harassment as human-rights violation	None set	Investigation; referral; advisory opinions

5.3 Criminal

Office of the Prosecutor – File “Complaint-Affidavit” for slander, unjust vexation, RA 11313, RA 7877, etc.
Pre-Baranggay Mediation – Required for slander/unjust vexation if offender and offended live in same city/municipality and penalty ≤1 year or fine ≤₱5,000.
Protection Order – Possible under RA 11313 (gender-based harassment) through court within 15 days; may order perpetrator to stay away from victim.

5.4 Civil Action

An independent civil suit for damages may be filed even while labor or criminal cases are pending. Ground: violation of Arts. 19–21 & 26 Civil Code or quasi-delict (negligence in supervision).

5.5 Alternative Dispute Resolution

Single-Entry Approach (SENA) before NLRC/DOLE – 30-day conciliation.
Voluntary Arbitration if stipulated in CBA.
Private mediation through accredited ADR institutions.

6. Evidence & Privacy Pitfalls

Evidence Type	Admissibility Note
Eyewitness testimony	Credible, consistent statements carry weight.
Texts, emails, chat logs	Best to present original or authenticated copies (Rule on Electronic Evidence).
Audio/video	Legal only if one party consents (employee) and no “private communication” is wiretapped (RA 4200).
Medical / psychological reports	Useful for proving moral damages; covered by Data Privacy Act—share only with consent.
Incident reports, memos	Strengthens claim that employer had notice.

7. Prescription Periods (Key)

Action	Time Bar (from last act/discovery)
NLRC illegal/constructive dismissal	4 years
Labor money claims & OSH fines	3 years
RA 11313 GBWH	5 years
RA 7877 sexual harassment	3 years
Oral defamation (slander)	1 year
Unjust vexation	2 months (Art. 90, RPC—offenses punishable by arresto menor)
Civil action for damages	4 years (Art. 1146, Civil Code)

8. Damages & Monetary Awards

Backwages – Full salary from dismissal to finality of decision.
Separation pay in lieu of reinstatement – Usually one month salary per year of service.
Moral damages – Require proof of mental anguish; SC grants ₱50 000–₱200 000 in many harassment cases.
Exemplary damages – To deter egregious misconduct; often ₱50 000–₱100 000.
Attorney’s fees – Up to 10 % of award.
Interest – 6 % per annum (Art. 2209 Civil Code; Nacar v. Gallery Frames, 2013).

9. Preventive Best Practices for Employers

Draft a zero-tolerance policy explicitly covering verbal abuse, bullying, and GBWH.
CODI/Grievance Committee—gender-balanced; decide within 10–15 days.
Orientation during onboarding and annual mandatory anti-harassment training.
Anonymous reporting channels and anti-retaliation clauses.
Integrate mental-health programs (RA 11036) and Employee Assistance Programs (EAP).
Include progressive discipline—verbal warning → written warning → suspension → termination.
Keep records of all complaints and resolutions for at least five years (OSH IRR).

10. Role of Unions & Collective Bargaining

Unions may negotiate:

The definition of verbal abuse,
Lower burden of proof for disciplinary cases,
Independent union investigators,
Enhanced damages or “distress leave,”
Mandatory posting of sanctions.

They may also file grievances or notice of strike if the abuse forms part of unfair labor practice.

11. Intersection with Anti-Discrimination Laws

If the abuse targets age, gender, sexual orientation, gender identity/expression, disability, HIV status, ethnicity, or pregnancy, additional liabilities under RA 10911, RA 11313, RA 11166, and pending SOGIE Equality Bill may apply, including heavier penalties and public censure.

12. Frequently Asked Questions

Question	Short Answer
Is a single outburst enough?	Yes, if it is so serious or threatening that it humiliates or intimidates.
Can I record my boss without consent?	Only if the conversation is not private or you are a party to it and it is not “wire or electronic” communication as defined in RA 4200.
Must I resign first before filing at NLRC?	You may resign and claim constructive dismissal or stay employed and sue for damages/harassment.
What if the harasser is a co-employee, not a boss?	Still covered by RA 11313; employer liable if it knew or should have known and failed to act.
Can foreigners be deported for verbal abuse?	If the abuse is gender-based under RA 11313, Bureau of Immigration can cancel visa upon conviction.

13. Conclusion

Philippine law recognizes that words can wound as deeply as physical blows. Employees subjected to verbal abuse have a rich arsenal of constitutional, statutory, administrative, civil, and criminal remedies. Employers who ignore or trivialize “mere insults” risk heavy financial, administrative, and reputational costs. The best defense is prevention: robust policies, swift action, and a culture of respect.

Disclaimer: This article is for general information only and is not legal advice. Situations vary; consult a Philippine labor-law practitioner for specific counsel.