Workplace Anti-Bullying Policies in the Philippines: DOLE and CSC Guidelines

Overview

In the Philippines, there is no single statute titled “Workplace Anti-Bullying Act.” Instead, protection from bullying-type behavior is built from overlapping laws and rules administered by the Department of Labor and Employment (DOLE) for the private sector and the Civil Service Commission (CSC) for the public sector. Key pillars include:

Labor Code (and its regulations on due process, dismissal, and employer obligations)
Occupational Safety and Health (OSH) Law (R.A. 11058) and its IRR, requiring workplaces free from hazards—including psychosocial risks
Safe Spaces Act (R.A. 11313) and its IRR, covering gender-based sexual harassment in workplaces (both private and public), offline and online
Anti-Sexual Harassment Act (R.A. 7877) and CSC/DOLE rules on prevention, investigation, and discipline via a Committee on Decorum and Investigation (CODI)
Mental Health Act (R.A. 11036), recognizing workplace mental health promotion and appropriate services
Anti-Violence Against Women and Their Children (VAWC) Act (R.A. 9262), which can intersect with workplace obligations (e.g., leave, safety)
Civil Code (abuse of rights, damages) and Data Privacy Act (R.A. 10173) for investigations and records
Local ordinances (some LGUs add anti-bullying or anti-discrimination duties)

“Bullying” in the workplace typically manifests as abusive conduct (repeated hostile behavior, humiliation, intimidation, or sabotage) that creates a hostile or offensive environment—even where the conduct is not sexual. When the behavior is gender-based or sexual, the Safe Spaces Act and R.A. 7877 expressly apply; for other abusive conduct, the framework is assembled from OSH, labor standards, administrative due process, mental health policies, and agency disciplinary rules.

Private Sector: What DOLE Requires and Expects

1) Duty to Keep the Workplace Safe (Including Psychosocial Risks)

Under the OSH Law and its IRR, employers must ensure a workplace free from hazards to safety and health. That includes psychosocial hazards such as violence, harassment, threats, and severe workplace aggression. In practice, DOLE labor inspectors expect employers to have:

A written policy prohibiting workplace violence, harassment, and bullying-type behavior
Risk assessment procedures that cover psychosocial risks
Orientation/training of all workers and managers
A reporting and response mechanism (confidential intake, referral to the CODI when sexual in nature, or to HR/OSH Committee for other abusive conduct)
Documentation and Corrective Action Plans following incidents

2) Gender-Based and Sexual Harassment

For gender-based conduct (including online), the Safe Spaces Act requires workplaces to adopt a policy, impose graduated penalties, and conduct regular education campaigns. For sexual harassment more generally, R.A. 7877 and DOLE guidance require a CODI to receive, investigate, and recommend action on complaints.

CODI minimums (private sector best-practice aligning with DOLE expectations):

Representative membership (management, rank-and-file, women’s representative; avoid conflicts of interest)
Written procedures: intake, evidence handling, timelines, due process, decision writing
Protection against retaliation and interference
Coordination with security, OSH, and legal when risks escalate

3) Due Process and Discipline

Even where behavior is not sexual, employers may discipline for serious misconduct, willful disobedience, fraud or willful breach of trust, or other analogous causes under the Labor Code—provided twin-notice and hearing due process is observed:

Notice to explain (specifying acts, rules violated, evidence)
Opportunity to be heard (hearing/position paper)
Notice of decision (factual and legal bases; proportional penalty)

4) Mental Health and Reasonable Accommodation

Under the Mental Health Act, companies should promote mental health and provide support services (e.g., referrals, counseling hotlines, EAPs). Where bullying causes or aggravates mental health conditions, employers should consider reasonable adjustments (e.g., changes in supervision, temporary transfers, safety planning).

Public Sector: What the CSC Requires

1) Zero-Tolerance Policy and Administrative Liability

CSC rules interpret “bullying-type” behavior through established administrative offenses (e.g., oppression, grave misconduct, discourtesy in the course of official duties, conduct prejudicial to the best interest of the service). Agencies must have:

A written anti-bullying/anti-harassment policy applicable to all officials and employees, including job order/contract of service personnel as appropriate
Clear reporting channels (hotlines, email, in-person, anonymous reporting options)
Confidentiality and records management compliant with the Data Privacy Act
Periodic training and posting of policies in conspicuous places and intranets

2) Sexual and Gender-Based Harassment

The CSC enforces R.A. 7877 and the Safe Spaces Act in government offices. Agencies must constitute a CODI (separate from HR or discipline units) with due representation, authority to investigate, recommend sanctions, and coordinate with the head of agency for implementation. The CSC prescribes procedural timelines, protection orders (where appropriate), and non-retaliation safeguards.

3) Penalties and Appeals

Sanctions range from reprimand to dismissal, depending on gravity and frequency. Respondents can appeal decisions (to the head of agency and ultimately to the CSC), while complainants can seek review if procedures were defective or penalties disproportionate.

What Counts as Workplace “Bullying” (Operational Definitions)

While statutes use varying terminology, workplace policies should define prohibited conduct in plain language. Common elements:

Abusive conduct: repeated verbal or non-verbal acts that a reasonable person would find hostile, humiliating, or intimidating (e.g., shouting, public shaming, spreading malicious rumors, social or work-related exclusion, unreasonable work sabotage)
Single severe incident: one incident so egregious that it creates an intimidating or hostile environment (e.g., threats of physical harm)
Work-related cyberbullying: abusive conduct via email, chat, posts, or messages connected to work
Retaliation: any adverse action for reporting or participating in an investigation
Not bullying: legitimate performance management done respectfully, justified corrective feedback, or reasonable instructions tied to business needs

Tie definitions back to: OSH hazards, hostile environment standards under the Safe Spaces Act, and administrative offenses under CSC rules.

Core Policy Architecture (Both Sectors)

1) Statement of Policy

Zero tolerance for bullying, harassment, and violence
Coverage: employees, managers, executives, interns, trainees, contractors, vendors, clients, and visitors
Scope: onsite, remote, offsite work-related events, travel, and digital channels

2) Roles and Structures

Employer/Head of Agency: ultimate accountability; resources and enforcement
CODI: mandatory for sexual/gender-based cases; may also hear non-sexual bullying if policy assigns jurisdiction (or create a parallel Respectful Workplace Panel)
OSH Committee: integrates psychosocial risk controls; coordinates with CODI/HR
Supervisors: duty to act upon knowledge; failure to act may be a separate offense
Employees: duty to comply and report in good faith

3) Reporting Channels

Multiple avenues (manager, HR, CODI, hotline, dedicated email, web form)
Options for confidential and anonymous tips (with caution on evidence limits)
Emergency protocol for threats of violence (security, PNP, emergency contacts)

4) Investigation Protocols

Intake: written complaint or incident report; informant/third-party reports allowed
Triage: assess risk; implement interim measures (no-contact orders, schedule changes)
Due process: notices, timelines, opportunity to respond, presence of a support person
Evidence: documents, messages, logs, CCTV, witness accounts; preserve ESI (email/chat)
Findings and decision: standard of substantial evidence (admin) or preponderance (civil), with clear rationale
Corrective actions: coaching to dismissal; OSH corrective actions (reassignments, team interventions); referrals (EAP, counseling)

5) Protection Against Retaliation

Explicit ban on retaliation; examples (negative assignments, bad references, exclusion)
Monitoring after case closure (30/60/90-day check-ins)

6) Support and Mental Health

Access to counseling/EAP, reasonable accommodations, and leave (e.g., VAWC leave if applicable)
Manager toolkits for compassionate conversations and reintegration plans

7) Training and Communication

Annual mandatory training for all; enhanced training for managers/CODI
Induction coverage for new hires
Quick-reference guides and posters; intranet page with FAQs and contact points

8) Recordkeeping and Privacy

Secure, limited-access case files
Retention schedules aligned with legal requirements
Privacy notices for complainants and respondents

Remedies and Forums

Private Sector

Internal: policy-based discipline; OSH corrective actions
DOLE: labor standards complaints (e.g., failure to provide a safe workplace), inspections, compliance orders
NLRC: illegal/constructive dismissal, money claims
Criminal: gender-based sexual harassment under the Safe Spaces Act; other crimes (threats, coercion, physical injuries, grave coercion, libel/cyber-libel)
Civil: damages under Civil Code (abuse of rights, torts)

Public Sector

Internal/CSC: administrative complaints; preventive suspension when warranted; appeals to CSC
Ombudsman: for officials within its jurisdiction in graft-related or serious misconduct cases
Criminal/Civil: as applicable (e.g., Safe Spaces Act, threats, libel, etc.)

Sanctions (Illustrative, to be tailored per law and due process)

First-level: coaching, written warning, apology, EAP referral, team-based corrective plan
Intermediate: suspension (days to months), reassignment, demotion, forfeiture of privileges, mandatory training
Severe: dismissal, bar from re-employment/contracting, loss of benefits as allowed by law
For gender-based/sexual cases: penalties must track statutory/IRR schedules; consider aggravating/mitigating factors (power differential, repeat offenses, retaliation)

Special Topics

Remote/Hybrid Work and Digital Platforms

Extend policy to video calls, chats, project tools, emails, and social media used for work
Prohibit doxxing, cyberstalking, mass “pile-ons,” and “reply-all” shaming
Set netiquette standards and escalation procedures for digital misconduct

Third-Party Misconduct

Vendors/clients can harass or bully employees. Contracts should:
- Incorporate a Code of Conduct clause
- Provide remedies (removal of offending personnel, termination for cause)
- Enable joint investigations when needed

High-Conflict Management Styles

Distinguish tough but fair supervision from abusive management (e.g., screaming, insults, public humiliation, assigning impossible deadlines to punish). The latter is sanctionable even if not sexual.

Intersection with Performance and Appraisals

Guard against “papering the file” as retaliation. Calibrate appraisals independently of complaint history; require second-level review for ratings of complainants/respondents during and shortly after investigations.

Model Policy (Condensed)

Purpose. To prevent and address bullying, harassment, and workplace violence and to promote a respectful, safe, and healthy work environment in compliance with Philippine laws.

Coverage. All employees, managers, officers, interns, trainees, contractors, vendors, clients, and visitors, in all work sites and work-related settings, including online platforms.

Prohibited Conduct. Abusive conduct (repeated hostility, humiliation, intimidation, sabotage), single severe incidents creating a hostile environment, cyberbullying, retaliation, and gender-based and sexual harassment.

Reporting. Report to any of: immediate supervisor, HR, CODI, OSH Committee, hotline/email/web form. Emergency threats go to Security/PNP.

Confidentiality & Non-Retaliation. Protected to the fullest extent of law. Retaliation is a separate offense.

Investigation. Prompt, impartial, and confidential. Due process observed. Standard of substantial evidence. Timelines: intake within 3 days, preliminary assessment within 5 days, formal investigation within 30 days (extendable with notice), decision within 10 days from report.

Sanctions. From written warning to dismissal, consistent with law and precedent. Gender-based/sexual harassment penalties follow the Safe Spaces Act/IRR.

Support. Access to counseling/EAP; reasonable workplace adjustments; safety planning. VAWC leave and other statutory benefits respected.

Training. Mandatory orientation and annual refreshers; special modules for leaders/CODI.

Governance. CODI (for sexual/gender-based cases) constituted with representative membership; Respectful Workplace Panel (for non-sexual bullying) or CODI-expanded jurisdiction. OSH Committee integrates psychosocial risk controls.

Records & Privacy. Secure, limited-access files; retention per legal requirements; privacy notices provided.

Implementation Checklist (Practical)

Adopt/Update a consolidated “Respectful Workplace and Anti-Bullying Policy” aligned with Safe Spaces Act, R.A. 7877, OSH, and CSC/DOLE rules.
Constitute/refresh the CODI; define a parallel panel (or CODI jurisdiction) for non-sexual bullying.
Set up reporting channels (email, hotline, web form) with clear SLAs and privacy notices.
Train: induction + annual refreshers; managers on early intervention; investigators on trauma-informed practices.
Integrate with OSH: add psychosocial hazards to risk assessments; include bullying indicators in safety walk-throughs and surveys.
EAP/Support: ensure access to counseling; publish contact info; create reintegration plans.
Vendor/Client clauses: code of conduct, removal rights, cooperation in investigations.
Metrics: track reports (anonymized), case durations, repeat incidents, training completion, survey scores; review quarterly.
Audit: internal review annually; incorporate DOLE/CSC inspection readiness.
Communicate: visible leadership message; posters and intranet FAQs.

Frequently Asked Questions

Is workplace bullying illegal even if not sexual? Yes—while “bullying” per se is not a singular offense in the Labor Code, abusive conduct can violate OSH duties, amount to serious misconduct under company rules, and, in public service, constitute administrative offenses like oppression or grave misconduct. When gender-based or sexual, specific criminal/administrative penalties apply.

Do we really need a CODI for non-sexual bullying? A CODI is mandatory for sexual and gender-based cases. For non-sexual bullying, many employers either expand CODI’s charter or create a specialized panel to ensure independence and consistent process.

Can a single incident be sanctioned? Yes, if sufficiently severe (e.g., threats of violence, extremely degrading abuse) and proven with substantial evidence.

What if the offender is a client/vendor? Apply your policy, protect your people (remove them from exposure), and enforce contract remedies up to termination of the client/vendor relationship.

What about online harassment after office hours? If it has a work nexus (co-workers, clients, work channels, impact on the work environment), it can be covered and sanctioned.

Bottom Line

Even without a stand-alone “workplace anti-bullying law,” Philippine employers (DOLE-regulated) and government agencies (CSC-regulated) are duty-bound to prevent and address bullying through a combination of OSH, Safe Spaces/sexual-harassment rules, mental health obligations, and administrative due process. The practical path is to codify a unified policy, empower CODI/panels, train and support everyone, and enforce consistently—protecting dignity at work while satisfying legal compliance.