Workplace Harassment in the Philippines: What Employees and Employers Should Know

Two primary laws govern workplace harassment in the Philippines: Republic Act No. 7877 (the Anti-Sexual Harassment Act of 1995) and Republic Act No. 11313 (the Safe Spaces Act of 2019, also known as the Bawal Bastos Law). These laws create obligations for employers and protections for employees, covering conduct that ranges from sexual harassment by a person in authority to gender-based harassment by coworkers or third parties.

RA 7877 specifically addresses sexual harassment committed by a person who has authority, influence, or moral ascendancy over the victim in a work, education, or training environment. The Safe Spaces Act broadened the scope significantly, covering gender-based sexual harassment in streets, public spaces, online spaces, and workplaces — including acts committed by peers, not only by superiors.

Under RA 7877, employers are required to promulgate rules and regulations for the prevention of sexual harassment, create a Committee on Decorum and Investigation (CODI), and establish grievance procedures. The CODI must be composed of at least one representative from management, the employees' union (if any), and employees from the supervisory rank. Failure to create these mechanisms does not shield the employer from liability — in fact, it may increase exposure.

The Safe Spaces Act added further requirements. Employers must develop and disseminate an anti-sexual harassment policy, conduct mandatory training and awareness seminars, and create an internal mechanism for handling complaints. The policy must cover the definition of gender-based sexual harassment, penalties, and procedures for investigation and resolution. Employers who fail to comply with these requirements may face administrative fines.

Sexual harassment under RA 7877 involves unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when made by a person with authority or influence. The key element is the power dynamic — the offender must have authority, influence, or moral ascendancy over the victim. This includes situations where submission to the conduct is made a condition of employment, or where the conduct creates an intimidating, hostile, or offensive work environment.

The Safe Spaces Act categorizes gender-based sexual harassment in three levels. Light offenses include cursory, wolf-whistling, catcalling, and persistent unwanted comments about appearance. Less grave offenses include leering, cursing directed at a person based on sex or gender, persistent telling of sexual jokes, and unwanted sexual misogynistic, transphobic, homophobic, or sexist slurs. Grave offenses include stalking, groping, and other acts involving unwanted physical contact of a sexual nature. In the workplace, these acts by any person — not just superiors — are actionable.

An employee who experiences workplace harassment has several avenues for filing a complaint. Internally, the complaint should be filed with the company's CODI or through the internal grievance mechanism required by law. The CODI is expected to investigate the complaint, conduct hearings, and recommend action to management.

If the internal process is inadequate or unavailable, the employee may file a criminal complaint directly. Under RA 7877, sexual harassment is a criminal offense punishable by imprisonment of one to six months and/or a fine. Under the Safe Spaces Act, penalties vary by the gravity of the offense and can include imprisonment, fines, community service, and mandatory attendance at gender sensitivity seminars. Complaints may be filed with the local prosecutor's office or through the barangay for mediation of less grave offenses.

Employees may also consider filing a constructive dismissal claim if the harassment creates working conditions so intolerable that the employee is effectively forced to resign. In such cases, the employer's failure to address known harassment may support a finding of constructive illegal dismissal before the NLRC.

For employers, compliance starts with a clear, written policy that is actively communicated to all employees. The policy should define prohibited conduct, outline the complaint process, identify the CODI members and their contact information, and specify disciplinary consequences. Regular training — not just a one-time seminar — helps maintain awareness and demonstrates the company's commitment to a safe workplace.

For employees, the most important practical step is documentation. Keep records of incidents, including dates, times, locations, what was said or done, and who was present. Preserve text messages, emails, chat logs, or any written communications related to the conduct. Report incidents promptly through the available channels, and keep copies of all complaints filed. If the employer fails to act, these records become essential for any external complaint or legal proceeding.