Anti-bullying in the Workplace Act

IVENIE IN LUNGKESS UF IHE SOPHIE REPUBLIC OF THE PHILIPPINES von a Pfice of tin First Regular Session SENATE 26 JAN 28 A11:34 1720 S. No. _ RECEIVED I Introduced by Senator Camille A. Villar AN ACT INSTITUTING POLICIES TO ADDRESS BULLYING AND SIMILAR ACTS IN THE WORKPLACE EXPLANATORY NOTE The 1987 Philippine Constitution states that: "Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare." The Philippines is known for being one of the friendliest nations in Asia, yet bullying, power-tripping, and discrimination remain prevalent, not just in schools or among family members, but also in professional spaces like the workplace. The Philippines is a signatory to numerous international agreements that seek to ensure respect for the human rights of all persons regardless of race, ethnic origin, religion, or religious affiliation or beliefs, sexual orientation, gender identity, social status, age, looks, or political beliefs. Hence, it is the responsibility of the State to make sure that workplace are safe, just, and a place where people can work professionally in a safe working environment This bill seeks to provide adequate safeguards to ensure that our workforce will not be subjected to abuse, harassment, violence or economic exploitation thereby creating a safe working environment. In view of the foregoing, the approval of this bill is earnestly sought. Cueenstin CAMILLE A. VILLAR

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 26 JAN 28 A11:34 SENATE 1720 S. No. _ RECEIVED L Introduced by Senator Camille A. Villar AN ACT INSTITUTING POLICIES TO ADDRESS BULLYING AND SIMILAR ACTS IN THE WORKPLACE Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as "Anti-Bullying in the

2 Workplace Act.

Sec. 2. Declaration of Policy. - It is the policy of the State to protect the

4 rights of the workforce and promote their welfare. Towards this end, the State 5 shall enact a law that will ensure the promotion of the overall welfare of our 6 workforce taking into consideration their physical and mental well-being. The 7 State shall provide adequate safeguards to ensure that our workforce will not 8 be subjected to abuse, harassment, violence or economic exploitation thereby creating a safe working environment.

Sec. 3. Adoption of Anti-Bullying Policies. - All government and non-

11 government offices are hereby directed to adopt policies to address the existence of office bullying and other similar acts in their respective institutions. Such policies shall be regularly updated and shall include provisions which: 1. Shall prohibit the following acts: a. Office Bullying - any severe or repeated use by one or more employee of a written, verbal, or electronic expression or a physical act or gesture, or any combination thereof, directed at an employer, co-employee, or any person with whom he/she has professional relations or

dealings which intringes on the rights of another at work premises; or has the effect of actually causing or placing the latter in reasonable fear of physical or emotional harm or damage to his property creating a hostile environment for the employee, or materially and substantially disrupting the work process or the orderly operation of an institution or business; such as, but not limited to any of the following: i. Any unwanted physical contact between a person to any employer or co-employee causing physical or bodily harm notwithstanding any action that may be taken by the victim under the Revised Penal Code or the Civil Code of the Philippines; ii. Any act that causes harm to a victim's psyche or emotional or moral being; ill. Any slanderous statement or accusation that causes the victim undue emotional distress like directing foul language or profanity at the target, name- calling, tormenting, and commenting negatively on victim's looks, clothes, and body; iv. Gender-based bullying, or any act that humiliates or excludes a person on the basis of perceived or actual sexual orientation and gender identity; and v. Cyber-bullying, or any bullying done through the use of technology or any electronic means. b. Any abusive act or behavior which includes, but not limited to the following: i. Offering, publishing, distributing, circulating, or spreading rumors, false news and information, gossip about, or any act against or directed against an employer, a co-employee, or any person with whom he/she has professional relations or dealings;

I. Disrespecting and devaluing an employer, a co- employee, or any person with whom he/she has professional relations or dealings through disrespectful and devaluing language; iii. Exercising management by threats and intimidation; iv. Stealing credit and taking unfair advantage of an employer, a co-employee, or any person with whom he/she has professional relations or dealings; and V. Preventing access to workplace, career, and office opportunities to an employer, a co-employee, or any person with whom he/she has professional relations or dealings. C. An act or behavior shall be construed as abusive if it results to any or all of the following: i. Destroys or undermines the character, image, status, reputation, morale, and credibility of an employer, a co-employee, or any person with whom he/she has professional relations/dealings; and ii. Discredits, destroys, and undermines the work, results of the work, awards, career, vocation, craft, professional status, productivity, performance and talents of an employer, a co-employee, or any person with whom he/she has professional relations or dealings; and ili. Causes divisive effects among employees, employers, or officers and other members of the government and non-government organizations, business establishments, their clientele and any other person engaged by government and non- government and business organizations

establishments in their respective professional capacities. 2. Establish clear procedures and strategies for: a. Reporting acts prohibited under this Act; b. Responding promptly to and investigating reports of acts which are prohibited under this Act; and C. Ensuring the protection of the person who reports any of the prohibited acts, provides information during an investigation of the prohibited acts, or is witness to or has reliable information about any of the prohibited acts. 3. Enable employee to anonymously report any prohibited acts; Provided, however, that no discriminatory administrative action shall be taken against a perpetrator solely on the basis of an anonymous report; and 4. Subject to the perpetrators/s who knowingly makes a false accusation to disciplinary administrative action.

Sec. 4. Mechanism to Address Office Bullying and Other Prohibited Acts. -

a. The administrative office or officer, human relations officer, or any person or office holding a comparable role, shall be responsible for the implementation and oversight of policies intended to address office bullying and other prohibited acts. b. All government and non-government offices or establishments shall provide their employees with a copy of the anti-bullying policies to be adopted. Such policies shall likewise be included in the employees' handbook and shall be conspicuously posted on the office walls and websites, if there is any. C. Any employee shall immediately report any instance of office bullying and other prohibited acts he/she has witnessed or has come to his/her attention, to the administrative office or offices, human relations office or officer, and/or any person or office holding a comparable role. Upon receipt of such report, the administrative

office or officer, human relations office or officer, or any person or office holding a comparable role shall promptly investigate. d. If it is determined that bullying and/or other prohibited acts have occurred, the administrative office or officer, human relations office or officer, or any person or office holding a comparable role shall: a. Notify the appropriate law enforcement agency if the administrative office or officer, human relations office or officer, and/or any person holding a comparable role believes that criminal charges under the Revised Penal Code may be pursued against the perpetrator; and b. Take appropriate disciplinary administrative action.

Sec. 5. Reportorial Requirements. -

a. All non-government offices or business establishments shall furnish and inform the Department of Labor and Employment (DOLE) in writing about the policies against anti-office bullying and/or other prohibited acts formulated within six (6) months from the effectivity of this Act. Such notification shall likewise be an administrative requirement prior to the operation, creation, or establishment of new non-government offices and business establishments. b. All government offices shall furnish and inform the Civil Service Commission (CSC) in writing about the policies against office bullying and/or other prohibited acts formulated within six (6) months from the effectivity of this Act. C. Appropriate trainings and seminars to disseminate the anti-bullying policies shall conducted by the government, non-government offices, or business establishments to its employees.

Sec. 6. Sanctions for Non-Compliance. - In the rules and regulations to

be implemented pursuant to this Act, the Secretary of the DOLE and the Chairman of the CSC shall prescribe the appropriate administrative sanctions on any administrative office or offices, relations office or officer, or any person or office holding comparable role, who shall fail to comply with the

requirements shall likewise sumer the penalty or suspension or their permits to 2 operate.

Sec. 7. Implementing Rules and Regulations. — Within ninety (90) days

from the effectivity of this Act, the DOLE and the CSC, respectively, shall promulgate the necessary rules and regulations to implement the provisions of this Act.

Sec. 8. Separability Clause. - If any section or provision of this Act shall

be declared unconstitutional or invalid, the other sections or provisions not 9 affected thereby shall remain in full force and effect.

Sec. 9. Repealing Clause. - All laws, decrees, orders, administrative

order, or rules and regulations which are inconsistent or contrary to the provisions of this Act are hereby repealed, modified, or amended accordingly.

Sec. 10. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in two (2) newspaper of general circulation. Approved,