Workplace Discrimination and Harassment in the Philippines: How to File a Labor Complaint

This practical guide is written for workers and employers in the Philippines. It summarizes the core laws, rights, duties, and procedures for reporting and pursuing workplace discrimination and harassment—both inside the company and through government channels.

1) What counts as discrimination and harassment?

Discrimination (employment)

Unequal treatment in hiring, pay, training, promotion, dismissal, or work conditions based on a protected ground, or for a reason the law specifically forbids. Common protected or regulated grounds include:

Sex and gender (including pregnancy and marital status)
Age (Age Discrimination in Employment)
Disability (Persons with Disability rights; “reasonable accommodation”)
HIV status (confidentiality and anti-discrimination)
Religion (freedom of belief)
Other statuses protected under the Constitution, statutes, and many local ordinances (some LGUs expressly protect SOGIE; check your LGU’s ordinance)

Note: There is no single, omnibus national anti-discrimination law covering all possible grounds. Instead, protection comes from the Constitution, the Labor Code, sector-specific statutes (e.g., for women, PWDs, HIV), and local ordinances.

Harassment (workplace)

Any unwelcome conduct that demeans, humiliates, or threatens a person, and that affects employment or creates an intimidating, hostile, or offensive environment.

Sexual harassment: quid pro quo (e.g., “do this for a raise”) or hostile environment (repeated lewd comments, unwanted touching, etc.).
Gender-based sexual harassment in the workplace (including online): broadened coverage with duties on employers to prevent, investigate, and sanction.
Non-sexual harassment (bullying, threats, degrading treatment): may violate occupational safety and health (OSH) duties and the Civil Code’s standards of conduct (abuse of rights), even if not sexual.

2) Key laws and where they apply (plain-English map)

Labor Code of the Philippines (PD 442, as amended) – minimum standards, money claims, dismissal rules, DOLE enforcement, NLRC adjudication.
Anti-Sexual Harassment Act (RA 7877) – sexual harassment in work, education, training; duties to adopt rules and procedures, and to impose sanctions.
Safe Spaces Act (RA 11313) – prohibits gender-based sexual harassment in public spaces, online, and workplaces; imposes employer duties (policies, training, internal mechanisms), penalizes inaction.
Magna Carta of Women (RA 9710) – prohibits discrimination against women; includes workplace measures (e.g., protection for pregnant workers), plus special leave benefits for certain gynecological surgeries.
Anti-Age Discrimination in Employment Act (RA 10911) – bans age limits in job ads and age-based actions, with limited exceptions.
Magna Carta for Persons with Disability (RA 7277, as amended) – prohibits discrimination and requires reasonable accommodation.
HIV and AIDS Policy Act (RA 11166) – protects against discrimination; strict confidentiality of HIV status.
OSH Law (RA 11058) + IRR – employers’ general duty to ensure a safe and healthy workplace (physical and psychosocial hazards).
Expanded Breastfeeding Promotion Act (RA 10028) – lactation stations, paid lactation periods in many workplaces.
Domestic Workers Act (Batas Kasambahay, RA 10361) – special protections for household workers.
Local ordinances – many LGUs have SOGIE and anti-discrimination ordinances with their own complaint routes.

Public sector employees are also covered by Civil Service rules; sexual harassment and Safe Spaces rules apply, and agencies must maintain internal complaint mechanisms.

3) Employer duties (checklist)

All employers—private or public—should:

Adopt a written policy against discrimination and harassment (including online) that defines offenses, prohibits retaliation, and lists sanctions.
Create a Committee on Decorum and Investigation (CODI) or similar impartial body to receive, investigate, and recommend action on complaints.
Provide a confidential, survivor-centered complaint process with prompt timelines.
Conduct regular training for all employees and managers; orientation for new hires.
Implement interim protective measures during investigations (e.g., schedule changes, no-contact directives).
Ensure reasonable accommodation for PWDs and pregnant workers; provide lactation stations where applicable.
Keep records and protect complainants and witnesses from retaliation.

Failure to have/do these can itself incur liability.

4) Your rights as a worker

To equal opportunity free from unlawful discrimination.
To a workplace free from harassment.
To use your employer’s internal complaint system without retaliation.
To confidentiality in sensitive cases (e.g., sexual misconduct, HIV status).
To pursue external remedies (administrative, criminal, civil) regardless of internal outcomes.
For dismissals tied to discrimination or harassment, potential reinstatement, backwages, and damages through the NLRC/courts, depending on the case.

5) Evidence: what to collect and how

Incident log (dates, times, places, what was said/done, who was present).
Documents and digital records: emails, chats, screenshots, photos, audio/video (if lawfully obtained), performance reviews, memos.
Medical or psychological records, if you sought care.
Witness statements (who saw what, when).
Company policies/handbooks and your employment records (contract, payslips).

Keep originals safe. Share only what’s necessary with investigators. Avoid posting details publicly; it can complicate proceedings and privacy.

6) Step-by-step: reporting inside your company

Read the policy: confirm definitions, coverage, and time limits (if any).
File a written complaint with HR/CODI (sample template below).
Ask for interim measures (no-contact orders, temporary reassignment, flexible schedule, etc.).
Participate in the investigation: submit evidence; identify witnesses.
Receive the result: findings and recommended sanctions/remedies.
Appeal internally if available.

You can escalate to external agencies at any time, especially if the company has no functioning mechanism, drags its feet, or you fear retaliation.

Sample internal complaint (short form)

Subject: Formal Complaint – Workplace [Sexual] Harassment / Discrimination

I, [Name], [Position/Dept], am filing a complaint against [Name/Position] for incidents that occurred on [dates]. The conduct consisted of [brief facts]. It was unwelcome and affected my work by [effects]. Attached are [list evidence]. Witnesses include [names].

I request: (1) investigation by CODI/HR; (2) interim measures (no-contact, schedule change, etc.); and (3) confidentiality and protection from retaliation.

Signed:
[Name, contact, date]

7) Going outside: where and how to file

Different issues follow different tracks. You can pursue several routes in parallel if needed.

A. DOLE – Request for Assistance (SEnA)

What it is: A free, conciliation-mediation route to quickly settle disputes (wages, benefits, workplace violations, some harassment/discrimination-related concerns). How: File a Request for Assistance (RFA) at the DOLE Regional/Provincial/Field Office where the employer is located or where you worked. What to prepare: ID, basic job info, employer details, concise issue statement, evidence copies, your settlement ask. Outcome: If settled, you sign an agreement enforceable by DOLE. If no settlement, DOLE issues a referral to the proper forum (e.g., NLRC, Prosecutor, other office).

B. DOLE – Labor Standards / OSH complaints

What it is: For wage/benefit underpayment, non-compliance with OSH, and certain policy failures (e.g., lack of anti-harassment mechanisms). How: Submit a written complaint to the DOLE Regional Office. DOLE can inspect and issue compliance orders. When useful: If the employer lacks a CODI/policy, ignores harassment reports, or violates standards (e.g., OSH risks tied to harassment/violence).

C. NLRC – Illegal dismissal, constructive dismissal, damages

What it is: A quasi-judicial process before a Labor Arbiter (private sector). Typical path: Filing → Docketing → Mandatory conference → Position papers/evidence → Decision → Appeal (to NLRC) → Judicial review (Court of Appeals, then possibly Supreme Court). Use NLRC for:

Illegal/constructive dismissal linked to discrimination or harassment (e.g., fired after complaining; forced resignation).
Money claims beyond DOLE’s summary/enforcement reach.
Damages in appropriate cases. Tip: Preserve proof of dismissal/constructive dismissal (e.g., demotion, pay cut, hostile acts) and retaliation.

D. Criminal complaint – Sexual harassment / gender-based sexual harassment

What it is: Criminal liability for certain harassment acts. How: File a sworn complaint with the Office of the City/Provincial Prosecutor (National Prosecution Service). Attach evidence and witness statements. The case can proceed to court if probable cause is found. Employer exposure: Separate administrative penalties can apply if the company fails to prevent or act on workplace sexual harassment.

E. Civil action for damages (Civil Code)

What it is: A lawsuit for moral, nominal, exemplary, or actual damages for abuse of rights or tortious acts. When: If facts fit civil wrongs (especially for non-sexual harassment or where you seek broader damages than labor tribunals usually award).

F. Commission on Human Rights (CHR)

What it is: An independent body that investigates human rights violations, including discrimination cases, and can recommend actions, coordinate with agencies, and help secure remedies (especially where vulnerable groups are involved).

G. Local Government Unit (LGU) – Anti-Discrimination Ordinances

What it is: Many cities/municipalities have SOGIE or anti-discrimination ordinances with local complaint desks and penalties. How: File with your City/Municipal office or the designated Gender and Development (GAD)/human rights desk.

H. Public sector employees (Civil Service Commission)

What it is: Administrative complaints go through your agency (CODI/disciplining authority) and the CSC. Covers: Sexual harassment, gender-based harassment, and discrimination within the civil service. Remedies include administrative sanctions and, in some cases, back pay and reinstatement via CSC/NLRC rules depending on employment status.

I. Privacy breaches (National Privacy Commission)

What it is: If your complaint or sensitive data (e.g., HIV status, harassment details) was improperly disclosed, you can complain to the NPC under the Data Privacy Act.

J. Overseas Filipino Workers (OFWs)

If the discrimination/harassment occurred abroad:

Report immediately to your employer’s HR and the Migrant Workers Office (MWO)/embassy or consulate.
Use hotlines of the Department of Migrant Workers (DMW) and OWWA for assistance and repatriation options.
Claims may proceed under host-country law and/or Philippine mechanisms (contract claims via DMW/POEA rules; illegal recruitment, etc.).

8) Timelines and “prescriptive periods” (file on time!)

Money claims under the Labor Code (e.g., unpaid wages/benefits): generally 3 years from when the claim accrued.
Illegal/constructive dismissal: generally 4 years (injury to rights under the Civil Code).
Unfair labor practice: generally 1 year from commission.
Criminal complaints (sexual harassment/gender-based sexual harassment): follow the prescriptive periods in the Revised Penal Code/special laws (file promptly).
Local ordinance complaints: check ordinance timelines.

If you’re close to a deadline, prioritize filing any properly verified complaint to stop the clock.

9) Remedies and outcomes you can seek

Internal: written warning to dismissal of the offender; training; apology; relocation or no-contact; restoration of leave/time lost; policy reforms.
DOLE: compliance orders (e.g., pay deficiencies), OSH corrections, and enforcement of SEnA settlements.
NLRC: reinstatement (or separation pay in lieu), backwages, damages (in appropriate cases), attorney’s fees.
Criminal court: fines and/or imprisonment for the offender; separate employer penalties for failure to act.
Civil court: moral, exemplary, actual damages, and injunctions.
CHR/LGU/NPC/CSC: administrative sanctions, recommendations, referrals, and protective measures.

10) Practical tips (avoid the common pitfalls)

Write early, write clearly. Short, factual, dated entries beat long, emotional narratives.
Name witnesses (even if you think they’re reluctant).
Ask for interim protection the moment you complain.
Keep things private while the case is pending; don’t argue it out on social media.
Retaliation is a separate violation. Report it as soon as it happens.
Don’t skip SEnA for labor disputes—it’s fast and often unlocks the right forum referral.
Barangay conciliation generally does not cover employer-employee disputes; don’t lose time there.
If you resign under pressure, state in writing that you’re resigning due to harassment/discrimination (this supports a constructive-dismissal theory).
Preserve devices and accounts. Don’t delete chats or emails; export copies if allowed.
Seek counsel if stakes are high (dismissal, criminal exposure, complex damages). Indigents can approach the Public Attorney’s Office (PAO); others can try IBP Legal Aid or law school clinics.

11) What to bring when you file (quick checklist)

Valid ID and your contact details
Employer details (company name, address, contact person)
Employment info (position, dates, pay rate, schedule)
Short statement of facts (1–2 pages)
Evidence copies (keep originals)
List of witnesses with contact info
Your asks (e.g., reinstatement, backwages, damages, policy enforcement, sanctions)

12) Templates you can reuse

A) DOLE RFA (SEnA) – one-page

REQUEST FOR ASSISTANCE (SEnA)

Requesting Party: [Name, address, contact]
Employer: [Company name, address]
Nature of Issue: [e.g., workplace sexual harassment and retaliation / discrimination based on age/disability]
Brief Facts: [3–6 bullet points with dates]
Relief Sought: [e.g., cease harassment, backwages, reinstatement or separation pay, policy compliance, damages]
Attachments: [list]

Signature / Date

B) NLRC – Verified Complaint (skeleton)

NLRC COMPLAINT

Complainant: [Name, address]
Respondent: [Company/Individual, address]
Causes of Action: [Illegal/Constructive Dismissal; Unpaid Wages/Benefits; Damages; etc.]
Statement of Facts: [Chronological; attach evidence index]
Reliefs: [Reinstatement or separation pay, backwages, damages, attorney’s fees]
Verification and Certification against Forum Shopping: [signed, with ID]

Signature / Date

C) Prosecutor – Criminal complaint (sexual harassment)

SWORN COMPLAINT-AFFIDAVIT

I, [Name], of legal age, state that [facts with dates/places/acts].
Offense: [e.g., sexual harassment / gender-based sexual harassment under applicable law]
Respondent: [Name, position, address]
Evidence: [list]
Prayer: Issue subpoena; file Information.

Subscribed and sworn before me this [date].

13) Special notes for employers (compliance quick start)

Put a policy (Filipino/English versions) on the intranet and bulletin boards.
Constitute a CODI (balanced representation; trained members; conflict-of-interest rules).
Train everyone annually; refresh managers twice a year.
Establish multiple reporting channels (HR email, hotline, anonymous dropbox) and SLA timelines for each investigation stage.
Document everything (from intake to disposition).
Include non-retaliation and confidentiality clauses in all notices.
Integrate with OSH and Data Privacy compliance.
For SMEs: if resources are tight, share a third-party investigator on call and use templated forms.

14) Final reminders

Laws and ordinances evolve. Use this as a working playbook, but verify any detail that could affect a deadline or penalty.
You can pursue internal, administrative, criminal, and civil remedies at the same time if appropriate.
When in doubt, file—late complaints are the easiest to defeat.

If you want, tell me your situation (no names needed), and I can draft the exact filings and a tailored strategy from these building blocks.