Workplace Harassment Policy (Philippines)

A Workplace Harassment Policy in the Philippines lays down the policy the organisation applies, giving staff or users clear guidance on their responsibilities.

Republic Act 7877 (Anti-Sexual Harassment Act of 1995) was the first Philippine law specifically addressing sexual harassment in the employment and educational context. Section 3 of RA 7877 defines sexual harassment as any act, request, or demand — whether directly or indirectly — of a sexual favor by a person with moral ascendancy over another (employer, supervisor, teacher) as a condition of employment, continued employment, promotion, or performance evaluation. RA 7877 requires all employers with ten or more employees to promulgate rules and regulations prescribing procedures for investigating and resolving sexual harassment complaints, and to create a Committee on Decorum and Investigation (CODI) to receive and process complaints.

Republic Act 11313 (Safe Spaces Act of 2019) significantly expanded the scope of prohibited conduct beyond RA 7877's limitation to superior-subordinate relationships. The Safe Spaces Act covers gender-based sexual harassment committed by any person — including peers, subordinates, clients, and third parties — in public spaces, online environments, and workplaces. Section 16 of RA 11313 specifically addresses workplace sexual harassment, making it unlawful regardless of the perpetrator's authority over the victim. The Safe Spaces Act also covers sexist remarks, misogynistic language, persistent unwanted advances, and other forms of gender-based harassment.

Under both RA 7877 and RA 11313, employers who fail to act on harassment complaints may be held liable. The NLRC, Regional Trial Courts, and the Commission on Human Rights (CHR) have concurrent jurisdiction over harassment cases. An employee who is constructively dismissed due to a hostile work environment created by unaddressed harassment may file both a criminal complaint and an illegal dismissal claim before the NLRC under the twin-notice rule of the Labor Code.

The legal framework governing the Workplace Harassment Policy (Philippines) in Philippines draws on several key statutes and regulatory bodies. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Parties executing a Workplace Harassment Policy (Philippines) in Philippines should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Labor Code of the Philippines (PD 442) sets the foundational requirements.

A Workplace Harassment Policy is needed in the Philippines in the following situations.

A Workplace Harassment Policy is required for all private-sector employers with ten or more employees under Section 4 of Republic Act 7877 (Anti-Sexual Harassment Act of 1995), which mandates that covered employers promulgate rules and regulations on sexual harassment and create a Committee on Decorum and Investigation (CODI).

A Workplace Harassment Policy is needed to comply with Republic Act 11313 (Safe Spaces Act of 2019), which extends anti-harassment obligations to all workplace sizes and requires employers to display safe spaces posters, conduct awareness training, and designate a person to receive gender-based sexual harassment complaints.

A Workplace Harassment Policy is required for DOLE compliance inspections under Department Order No. 183-17, which includes verification of mandatory employment policies — including anti-harassment policies — as part of the establishment inspection checklist.

A Workplace Harassment Policy is needed to protect the employer from vicarious liability in harassment cases under RA 7877 and RA 11313, as employers who knowingly allow harassment to occur or who fail to investigate complaints may be held civilly liable for damages.

A Workplace Harassment Policy is required when establishing a hybrid or remote work environment, to extend anti-harassment protections to online communications and virtual workspaces as covered by the Safe Spaces Act's provisions on online gender-based harassment under Section 12 of RA 11313.

Parties in Philippines should prepare a Workplace Harassment Policy (Philippines) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

A valid Philippines Workplace Harassment Policy contains the following essential elements.

Policy Statement: A clear statement of the employer's zero-tolerance commitment to harassment and its obligation under RA 7877 and RA 11313 (Safe Spaces Act of 2019).

Scope: Coverage of all employees, contractors, clients, visitors, and third parties on company premises or in connection with company business, including online and virtual workspaces.

Definitions: Definitions of sexual harassment under RA 7877 (superior-subordinate context) and gender-based sexual harassment under RA 11313 (any person, any context) — including verbal, non-verbal, physical, and online harassment.

Committee on Decorum and Investigation (CODI): Composition, selection process, and mandate of the CODI as required by RA 7877 for employers with ten or more employees. The CODI must include an equal number of management and employee representatives, with at least one woman member.

Complaint Procedure: Step-by-step process for reporting harassment — including confidential reporting channels, time limits (typically within 10 years for criminal complaints under the Revised Penal Code, but company procedures typically require reporting within 30-90 days), protection against retaliation, and alternative reporting channels to bypass direct supervisors who may be the alleged harasser.

Investigation Process: Timelines for CODI investigation (typically 10 days from complaint receipt to completion of preliminary investigation under DOLE guidelines), due process rights of the respondent under the twin-notice rule, and confidentiality obligations of all participants.

Disciplinary Consequences: Range of disciplinary actions from written warning to dismissal for just cause under Article 297(a) of the Labor Code (serious misconduct), consistent with the employer's Code of Conduct.

Retaliation Prohibition: Explicit prohibition on retaliation against complainants, witnesses, or CODI members, with retaliation itself treated as a separate disciplinary offense under Article 297 of the Labor Code.

Training and Awareness: Annual mandatory anti-harassment training for all employees and orientation for new hires, and display of Safe Spaces Act posters as required by RA 11313 Section 17. The forms-legal.com Workplace Harassment Policy (Philippines) template covers all mandatory elements under RA 7877, RA 11313, and DOLE guidelines.

Additional compliance elements for a Workplace Harassment Policy (Philippines) used in Philippines include: Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Forms-legal.com provides this template as a starting point for Philippines-compliant documentation.