Workplace Bullying in the Philippines: A Comprehensive Legal Survey of the DOLE & CSC Frameworks
1. Context & Terminology
“Workplace bullying” refers to repeated, unwelcome acts—verbal, written, physical, or digital—that humiliate, intimidate, or undermine a worker and create a hostile work environment. The Philippines has no single “Anti‑Workplace‑Bullying Act”. Instead, protections are scattered across:
- General labour statutes (Labour Code, P.D. 442)
- Occupational safety & health (OSH) legislation (R.A. 11058 + DOLE D.O. 198‑18)
- Gender‑specific laws (R.A. 7877 Anti‑Sexual Harassment Act, R.A. 11313 Safe Spaces Act)
- Mental‑health mandates (R.A. 11036; DOLE D.O. 208‑20)
- Administrative regulations issued separately for the private sector (DOLE) and the public sector (Civil Service Commission / CSC).
The result is a “dual‑track” system: DOLE governs private‑sector employment; CSC governs national & local government personnel.
2. DOLE Regime – Private‑Sector Employment
| Instrument | Key Provisions Relevant to Bullying | Obligations / Remedies |
|---|---|---|
| Labour Code, as amended | Art. 294(e) guarantees humane work conditions; Art. 128 authorises DOLE inspections. | • Injunctions or compliance orders; • Unfair labour practice & constructive‑dismissal suits before NLRC. |
| R.A. 11058 (OSH Law) + D.O. 198‑18 (2018 IRR) | Defines a “safe and healthy workplace” to include freedom from violence, harassment, intimidation. | • Employer must formulate OSH program addressing psychosocial hazards (e.g., bullying). • OSH Committee & trained safety officers. • Administrative fines ₱20 000–₱100 000 per day of non‑compliance. |
| R.A. 11313 (Safe Spaces Act, 2019) & DOLE D.O. 230‑21 | Covers gender‑based verbal, physical or digital harassment, including “any act that demeans, humiliates or intimidates” workers of all genders. | • Mandatory company policy + orientation every two years. • Creation of an internal Committee on Decorum & Investigation (CODI). • Administrative penalties (from reprimand to dismissal) and fines ₱10 000–₱100 000. |
| R.A. 11036 (Mental Health Act, 2018) & DOLE D.O. 208‑20 (Guidelines on Mental‑Health Policies at Work) | Tags bullying as a psychosocial hazard. | • Employers must integrate anti‑bullying measures in mental‑health programmes, provide referral pathways, and conduct stress‑management training. |
| Tripartite Guidelines on Voluntary Codes of Good Practice on Elimination of Violence & Harassment (2019) | Non‑binding model code that many unions/employers adopt contractually. | • Encourages peer‑mediation, hotlines, and clear sanction grids. |
Complaint Flow (Private Sector)
- Internal – file with CODI or HR under company rules.
- DOLE Mediation (SEnA) – 30‑day mandatory conciliation.
- Inspection / OSH citation by DOLE Regional Office.
- NLRC – illegal dismissal or damages suit.
- Regular courts – civil or criminal (e.g., Safe Spaces Act).
3. CSC Regime – Government Service
| Instrument | Coverage & Standards | Procedural Remedies & Sanctions |
|---|---|---|
| 1987 Administrative Code (EO 292) & R.A. 6713 (Code of Conduct & Ethical Standards) | Outlaws “discourtesy, oppression, or acts unbecoming a public officer.” | • Administrative penalties: reprimand to dismissal. |
| RACCS 2017 (Rules on Administrative Cases in the Civil Service) | Enumerates “Conduct prejudicial to the best interest of the service”, “Oppression” & “Grave misconduct” – common charges for bullying. | • Formal charge, preliminary investigation, full‑blown hearing; • Penalties progress from 6‑month suspension to dismissal. |
| CSC Memorandum Circular No. 11‑2022 – Guidelines on the Prevention of Workplace Bullying and Other Forms of Violence (latest overarching policy) | • Defines workplace bullying in detail (physical, verbal, relational, and cyber). • Mandates every agency to craft an Internal Anti‑Bullying Policy separate from its Safe Spaces policy. • Requires annual reporting to CSC Field Offices. | • Grievance Machinery or CODI hears complaints within 15 days. • Appeal lies with CSC Proper or the Court of Appeals. |
| CSC M.C. 19‑2021 – Mental‑Health Policy in the Public Sector | Declares bullying a psychosocial risk factor, requires risk‑assessment & mitigation. | • Agency mental‑health committee monitors compliance; non‑action may constitute simple neglect of duty. |
| Safe Spaces Act IRR (Joint MC 2019‑01, CSC‐DOLE‐CHRA) | Makes bullying part of gender‑based sexual harassment when motivated by gender / SOGIE bias. | • Criminal & administrative liability. |
Complaint Flow (Public Sector)
- Agency Grievance Unit or CODI hears within 5–15 days.
- Appeal to CSC Regional Office, then CSC Commission Proper.
- Judicial review at the Court of Appeals via Rule 43.
4. Comparative Snapshot – DOLE vs CSC
| Dimension | DOLE (Private) | CSC (Public) |
|---|---|---|
| Primary Legal Bases | Labour Code, OSH Law, Safe Spaces Act, DOs 198‑18 / 208‑20 / 230‑21 | Administrative Code, RACCS 2017, MC 11‑2022, Safe Spaces IRR |
| Mandatory Internal Body | CODI (for GB harassment) or designated grievance committee | Agency Grievance Machinery + CODI |
| Definition of Bullying | Incorporated via OSH (“psychosocial hazard”) & Safe Spaces (“any unwanted conduct that humiliates”) | Stand‑alone definition in MC 11‑2022; also “oppression” in RACCS |
| Reporting Duty | Annual submission of anti‑harassment programme to DOLE; OSH‑related incidents within 24 h. | Annual anti‑bullying and mental‑health compliance report to CSC. |
| Typical Penalties | Company‑level sanctions; DOLE fines; NLRC awards; Safe Spaces criminal fines | Suspension to dismissal; fines; criminal if Safe Spaces triggered |
5. Interplay with Other Philippine Laws
- R.A. 7877 – Anti‑Sexual Harassment (1995). Bullying motivated by demand for sexual favour is punishable.
- R.A. 9262 – VAWC (2004). Bullying a spouse or partner at work can be prosecuted if part of a pattern of abuse.
- R.A. 9485 – Anti‑Red Tape Act & R.A. 11032 – Ease of Doing Business Act. “Oppressive” behaviour by frontline public officers toward clients may overlap with workplace bullying.
- Cybercrime Act (R.A. 10175). Cyber‑bullying that rises to libel or identity theft is separately indictable.
6. Enforcement Gaps & Reform Landscape
Fragmentation. Over‑lapping issuances cause confusion, especially for mixed public‑private projects.
ILO Convention 190 on Violence & Harassment at Work remains un‑ratified (as of July 2025), leaving no single, gender‑neutral statute.
Pending Bills. At least three measures (e.g., House Bills 6155, 8238 & Senate Bill 1597) seek a comprehensive Anti‑Workplace‑Bullying Act that would:
- create a unified definition;
- extend protection to gig‑economy workers;
- impose employer‐reporting duties and whistle‑blower safeguards. Hearings continued in the 19ᵗʰ Congress but final passage is still uncertain.
7. Employer / Agency Compliance Checklist
- Adopt or update a stand‑alone Anti‑Bullying Policy (separate from sexual‑harassment and mental‑health policies).
- Define the four forms of bullying (physical, verbal, social/relational, cyber) + examples.
- Map reporting lines and time‑frames (e.g., 10‑day fact‑finding, 30‑day decision).
- Train all levels annually. New‑hire orientation + refresher every 2 years (DOLE) or yearly (CSC).
- Integrate psychosocial‑risk assessment in OSH or mental‑health programs.
- Maintain documentation: incidents log, investigation minutes, resolutions, sanctions, referrals.
- File mandatory reports to DOLE Bureau of Working Conditions or CSC Field Office.
8. Conclusion
While the Philippines still lacks a single umbrella law on workplace bullying, robust protection already exists through the combined force of the Labour Code, OSH Law, Safe Spaces Act, Mental‑Health policies, and—critically—sector‑specific regulations issued by DOLE and CSC. Employers and government agencies that proactively integrate these rules into everyday practice not only avoid legal exposure but also foster a psychologically safe, productive, and rights‑respecting workplace.