Workplace Harassment Complaint Procedure in the Philippines
A comprehensive legal guide for employers, employees, and practitioners
1. Overview & Key Definitions
Workplace harassment in Philippine law primarily covers two statutory categories:
| Category | Core Law | Typical Acts |
|---|---|---|
| Sexual Harassment | R.A. 7877 (1995) Anti-Sexual Harassment Act | Unwelcome sexual advances, requests for sexual favors, or other verbal/physical conduct of a sexual nature when linked to employment conditions, career advancement, or a hostile work environment. |
| Gender-Based Sexual Harassment (GBSH) | R.A. 11313 (2019) Safe Spaces Act | Sexist, misogynistic, or homophobic acts (e.g., cat-calling, sexist slurs, persistent unwanted comments, online harassment) committed in the workplace, even without a demand for sexual favors. |
Harassment tied to sex, SOGIE, race, or any protected trait may also constitute discrimination under the Labor Code (Art. 133–135), the Magna Carta of Women (R.A. 9710), or local anti-discrimination ordinances.
2. Legal Framework at a Glance
| Instrument | Sector Covered | Highlights |
|---|---|---|
| R.A. 7877 (Anti-Sexual Harassment Act) | All employers (public & private) | • Mandates an internal procedure and a Committee on Decorum & Investigation (CODI). • Prescribes administrative and criminal penalties. |
| R.A. 11313 (Safe Spaces Act) | All employers | • Expands scope to any gender-based harassment. • Imposes employer duties (policy, prevention programs, CODI, sanctions). |
| Labor Code (PD 442, as amended) | Private sector | • Prohibits gender discrimination and defines “grave misconduct”. • Provides Single-Entry Approach (SEnA) and NLRC adjudication. |
| Civil Service Rules (CSC Res. 01-0940, 11-1136, etc.) | Government sector | • Detailed administrative procedure and appeal flow to the Civil Service Commission (CSC). |
| Revised Penal Code & Special Penal Laws | All | Acts of Lasciviousness (Art. 336), Unjust Vexation (Art. 287), Cybercrime Act (R.A. 10175) for online acts, etc. |
| R.A. 11036 (Mental Health Act) & DOLE Dept. Order 208-20 | All | Requires mental-health-friendly, harassment-free workplaces. |
3. Employer’s Mandatory Infrastructure
- Written Policy Must define harassment, outline sanctions, guarantee confidentiality, and prohibit retaliation.
- Committee on Decorum & Investigation (CODI) Composition: At least 3 members, majority female, with employer, labor, and LGBT or HR representatives if possible. Term: 2 years (best practice) and training in investigation techniques.
- Awareness & Training – orientation for all employees; refresher sessions yearly.
- Accessible Reporting Channels – email, hotline, drop-box, online portal, even anonymous tip line.
- Records & Data Privacy – secure retention for at least 10 years; release only by court order or with written consent of the victim.
Failure to install any of the above exposes the employer to solidary liability for damages and administrative fines under both Acts.
4. Internal Complaint Procedure (Private-Sector Template)
Note: Always check the company’s Code of Conduct, but it must at least mirror this flow to remain compliant.
| Timeline | Stage | Key Actions |
|---|---|---|
| Day 0–15 | Filing | Victim (or representative) files a written, sworn complaint with CODI/HR. Include: facts, dates, witnesses, supporting media. Complaints should be filed within 3 years from the last incident (prescriptive period for administrative cases). |
| Within 5 days of filing | Notice to Respondent | CODI furnishes the respondent a copy; requires a verified answer within 10 calendar days. |
| Day 5–25 | Preliminary Evaluation | CODI assesses sufficiency. It may dismiss outright if clearly frivolous or refer to mediation upon request of both parties. |
| Day 15–45 | Formal Investigation | • Hearings are confidential. • Parties may be assisted by counsel or support person (but no “lawyer-lawyer” technicalities). • Evidence standard: substantial evidence (more than scintilla, less than preponderance). |
| Within 10 days after investigation closes | CODI Report & Recommendation | Findings, factual basis, recommended penalty. |
| Within 30 days of receiving report | Decision by Employer | Employer (or highest ranking official if respondent is the employer) issues written decision. Typical sanctions: written reprimand, suspension, dismissal for cause (just cause under Labor Code), plus mandatory training or transfer. |
| Within 10 days of receipt of decision | Appeal | • Private sector: Appeal to the Office of the President if employer is a GOCC, or to the DOLE Secretary via Article 128 inspections, or file a civil action/NLRC complaint for damages or illegal dismissal. • Public sector: First to agency head, then to CSC within 15 days. |
| — | Execution & Monitoring | HR implements sanctions; CODI monitors non-retaliation for 1 year. |
Procedural Safeguards
- Confidentiality – identity of victim and respondent disclosed strictly on a need-to-know basis.
- Non-Retaliation – any adverse act (demotion, isolation) is itself actionable.
- Interim Measures – administrative leave, no-contact order, transfer of either party.
5. External & Parallel Remedies
Department of Labor & Employment (DOLE)
- SEnA: 30-day mandatory conciliation prior to litigation.
- Labor Inspectorate: fines ₱100k–₱200k for each non-compliance.
National Labor Relations Commission (NLRC)
- File for constructive dismissal, moral/exemplary damages, separation pay.
Criminal Action
- File sworn complaint-affidavit at the Office of the City/Provincial Prosecutor.
- Penalties: • R.A. 7877 – prision correccional (1 month 1 day to 6 months) or fine ₱10k–₱20k, or both. • R.A. 11313 – arresto menor to arresto mayor (1 day to 6 months) + fine ₱30k–₱100k; employer faces fine ₱5k–₱10k per count for non-action.
Civil Action – Damages under Civil Code Arts. 19, 20, 21; employer and harasser can be solidarily liable.
Commission on Human Rights (CHR) – independent investigation, clearance for prosecution, gender-audit of employer.
Barangay Justice (Lupong Tagapamayapa) – optional mediation for acts of lasciviousness or unjust vexation if parties reside in same barangay (except when employer-employee relationship exists, which NLRC covers).
6. Government-Sector Particulars (CSC Rules)
- Filing: Written complaint under oath with the CODI; furnished to respondent within 3 days.
- Investigation: Must conclude within 15 working days; may extend once for another 15.
- Decision: Agency head decides within 30 days.
- Appeal: 15-day period to CSC (Office for Legal Affairs); decision reviewable by Court of Appeals via Rule 43 petition.
Penalties:
| Count | First Offense | Second Offense |
|---|---|---|
| Light | Reprimand | Suspension 1–30 days |
| Grave (e.g., coercion, threats) | Dismissal w/ forfeiture of benefits | — |
7. Special Intersections & Emerging Issues
- Online/Remote Work Harassment – Virtual meetings, chats, and emails are covered. Capture screenshots/logs; CODI must be able to convene online and accept e-filings.
- LGBTQ+ Harassment – Explicitly covered by R.A. 11313; SOGIE-based slurs or outing a person is actionable.
- Mental-Health-Based Harassment – Persistent bullying exploiting a person’s psychosocial disability may violate the Mental Health Act and is a form of “grave misconduct”.
- Third-Party Harassers – Clients, customers, or contractors. Employer must act (e.g., bar entry, file criminal case) or be solidarily liable.
- Intersection with VAWC (R.A. 9262) – If the harasser is an intimate partner or former partner in the same workplace, VAWC remedies (protection orders) apply.
8. Best-Practice Tips
For Employers
- Zero-Tolerance Statement signed by CEO.
- Separate Inquiry vs. Disciplinary Phases to preserve impartiality.
- Diverse CODI (include LGBTQ+, PWD, rank-and-file).
- Document Everything – minutes, notices, evidence logs.
- Post-Decision After-care – counselling, climate surveys, re-orientation of team.
For Complainants
- Write a Chronology Early – dates, times, witnesses.
- Save Electronic Evidence – don’t delete chats; back them up.
- Seek Support – company EAP, union, women’s desk, or CHR.
- Mind the Clock – 3-year administrative prescriptive period; 5-year criminal prescriptive (Art. 90, Revised Penal Code, for penalties ≤6 yrs).
9. Typical Pitfalls & How to Avoid Them
| Pitfall | Consequence | Preventive Action |
|---|---|---|
| CODI composed only of managers who supervise the respondent | Decision invalidated for bias; labor fines | Elect rank-and-file reps; include gender balance. |
| “Informal” settlement with money but no investigation | Employer still liable; may be considered condonation | Document a formal resolution; include training & monitoring. |
| Dismissal of complainant for poor performance soon after filing | Illegal dismissal; moral damages; employer risk of exemplary damages | Never alter complainant’s contract/role without documented business necessity and with CODI oversight. |
10. Sanctions Matrix (Private Sector Guide)
| Offense Gravity | Illustrative Acts | Recommended Administrative Penalty |
|---|---|---|
| Minor | Mild offensive jokes, unwanted compliments (first offense) | Written warning to 3-day suspension |
| Serious | Repeated unwelcome touching, sending explicit images, stalking | 30-day suspension to dismissal |
| Grave | Quid-pro-quo demands, sexual assault, threats of retaliation | Dismissal for just cause, with forfeiture of benefits |
Penalties must be graduated, consistent, and stated in the company handbook.
11. Prescriptive Periods & Burden of Proof
| Remedy | Prescriptive Period | Burden of Proof |
|---|---|---|
| Administrative (CODI/CSC) | 3 years from last act | Complainant must establish substantial evidence; employer must prove diligence. |
| Criminal | 5 years (penalties ≤6 yrs); 15 yrs (penalties >6 yrs) | Prosecution must prove guilt beyond reasonable doubt. |
| NLRC Case | 4 years for money claims; constructive dismissal within 4 years | Employee for illegal dismissal; employer for valid cause & due process. |
12. Employer Liability & Damages
- Vicarious Liability – Art. 2180, Civil Code: employer liable for employees’ acts in the course of duty.
- Solidary Liability – R.A. 11313 imposes fines/closure of establishment if employer fails to act.
- Moral & Exemplary Damages – granted when employer acts with bad faith, malice, or gross negligence.
13. Conclusion
A harassment-free workplace is a legal mandate, not merely a lofty goal. Philippine statutes now require:
- Preventive architecture (policies, CODI, awareness).
- Swift, victim-centred procedures anchored on confidentiality and non-retaliation.
- Robust external recourse through DOLE, CSC, NLRC, and the courts if internal mechanisms fail.
Employers that internalise these standards not only avoid liability but foster a culture of dignity, productivity, and inclusivity. Employees who understand the process gain the agency to speak up and seek redress.
Disclaimer: This article provides general legal information and is not a substitute for personalised legal advice. For complex cases, consult a Philippine labour-law practitioner.