2. Violence and Harassment (RA 7877 and 11313; DO 230, s. 2021; ILO Convention No. 190)

E. Sexual Harassment in the Work Environment (R.A. No. 7877); Safe Spaces Act (R.A. No. 11313, Article IV)

Where Committed (WET)

• Working
• Education
• Training environment

Who Commits (MEE-PATIS-COT)

• Manager
• Employer
• Employee
• Professor
• Agent of the employer
• Teacher
• Instructor
• Supervisor
• Coach
• Trainer
• Any Other person having authority, influence or moral ascendancy over another (R.A. No. 7877, Sec. 3)

Work-Related/Employment Environment, Sexual Harassment Committed When

• The sexual favor is made as a condition:
• In hiring or in the employment, reemployment or continued employment of said individual
• In granting said individual favorable compensation, terms, conditions, promotions or privileges
• The refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee
• The above acts would impair the employee’s rights or privileges under existing labor laws.
• The above acts would result in an intimidating, hostile or offensive environment for the employee. (Sec. 3[a])

Education or Training Environment, Sexual Harassment Committed When

• The sexual favor is made as a condition for the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits and privileges.
• The sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice. (Sec. 3[b])

Duty of Employer

• Promulgate appropriate rules and regulations prescribing the procedure for investigation of sexual harassment cases as well as guidelines on proper decorum in the workplace.
• Create a committee on decorum and investigation of cases on sexual harassment. (Sec. 4)

Liability of Employer / Head of Office

Solidarily liable for damages arising from the acts of sexual harassment committed in the employment, education or training environment if the employer is informed of such acts by the offended party and no immediate action is taken.

Prescriptive period to file action: 3 years (Sec. 7)

Anti-Sexual Harassment Act (R.A. No. 7877) – February 14, 1995

Who may be held liable: An employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainer, or any other person who, has authority, influence or moral ascendancy over another [Section 3, RA 7877].

Any person who directs or induces another to commit any act of sexual harassment as defined under RA 7877 or who cooperates in the commission thereof by another without which it would not have been committed, shall also be held liable.

How committed: When such person demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the latter. [Section 3, RA 7877].

Where committed:

• In a work-related or employment environment, sexual harassment;
• In an education or training environment, sexual harassment is committed.

Duty of Employer or Head of Office in Employment or Education Environment

It shall be their duty to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement, or prosecution of acts of sexual harassment.

• Promulgate appropriate rules and regulations in consultation with and jointly approved by the employees or students or trainees, through their duly designated representatives, prescribing the procedure for the investigation of sexual harassment cases and the administrative sanctions therefor.
• Create a committee on decorum and investigation of cases on sexual harassment.
• For work related environment: The committee shall be composed of at least one (1) representative each from the management, the union, if any, the employees from the supervisory rank, and from the rank and file employees.
• For educational or training institutions: The committee shall be composed of at least one (1) representative from the administration, the trainers, instructors, professors or coaches and students or trainees, as the case may be [Section 4, RA 7877].

Liability of the Employer or Head of Office

The employer or head of office, educational or training institution shall be solidarily liable for damages arising from the acts of sexual harassment committed in the employment, education or training environment if the employer or head of office, educational or training institution is informed of such acts by the offended party and no immediate action is taken [Section 5, RA 7877].

Safe Spaces Act (R.A. No. 11313) – April 17, 2019

Gender-Based Sexual Harassment in the Workplace includes the following:

• An act or series of acts involving any unwelcome sexual advances, requests or demand for sexual favors or any act of sexual nature, whether done verbally, physically or through the use of technology such as text messaging or electronic mail or through any other forms of information and communication systems, that has or could have a detrimental effect on the conditions of an individual’s employment or education, job performance or opportunities;
• A conduct that is unwelcome and pervasive and creates an intimidating, hostile or humiliating environment for the recipient: Provided, That the crime of gender-based sexual harassment may also be committed between peers and those committed to a superior officer by a subordinate, or to a teacher by a student, or to a trainer by a trainee; and
• A conduct of sexual nature and other conduct-based on sex affecting the dignity of a person, which is unwelcome, unreasonable, and offensive to the recipient, whether done verbally, physically or through the use of technology such as text messaging or electronic mail or through any other forms of information and communication systems [Article IV, Section 16, RA 11313].

Duties of Employers

Employers or other persons of authority, influence, or moral ascendancy, in a workplace shall have the duty to prevent, deter, or punish the performance of acts of gender-based sexual harassment in the workplace.

• Disseminate or post in a conspicuous place a copy of RA 11313 to all persons in the workplace;
• Provide measures to prevent gender-based sexual harassment in the workplace, such as the conduct of anti-sexual harassment seminars;
• Create an independent internal mechanism or a committee on decorum and investigation to investigate and address complaints of gender- based sexual harassment which shall;
• Adequately represent the management, the employees from the supervisory rank, the rank-and-file employees, and the union, if any;
• Designate a woman as its head and not less than half of its members should be women;
• Be composed of members who should be impartial and not connected or related to the alleged perpetrator;
• Investigate and decide on the complaints within ten days or less upon receipt thereof;
• Observe due process;
• Protect the complainant from retaliation; and
• Guarantee confidentiality to the greatest extent possible;
• Provide and disseminate, in consultation with all persons in the workplace, a code of conduct or workplace policy which shall;
• Expressly reiterate the prohibition on gender-based sexual harassment;
• Describe the procedures of the internal mechanism created under Sec. 17(c) RA 11313; and
• Set administrative penalties [Article IV, Section 17, RA 11313].

Duties of Employees and Co-Workers

• Employees and co-workers shall have the duty to: Refrain from committing acts of gender-based sexual harassment;
• Discourage the conduct of gender-based sexual harassment in the workplace;
• Provide emotional or social support to fellow employees, co-workers, colleagues or peers who are victims of gender-based sexual harassment; and
• Report acts of gender-based sexual harassment witnessed in the workplace [Article IV, Section 18, RA 11313].

Liability of Employee

Liability of Employers

In addition to liabilities for committing acts of gender-based sexual harassment, employers may also be held responsible for:

• Non-implementation of their duties under Sec. 17 (Duties of Employers), as provided in the penal provisions; or

Penalty: Fine of not less than P5,000 nor more than P10,000.

• Not taking action on reported acts of gender-based sexual harassment committed in the workplace.

Penalty: Fine of not less than P10,000 nor more than P15,000 [Article IV, Section 19, RA 11313].

BLUE NOTES: 81

UP NOTES: 82