Workplace bullying is when abuse or misuse of power is prevalent, seen or felt. Intimidating, offending, degrading, or humiliating a subordinate, a fellow employee or co worker, often in front of others is bullying. If one feels defenselesness it undermines an one’s right to dignity at work.
There is harassment when any form of unwelcome act targets another person be it verbal, non verbal & now on line or cyber wise, solely based on race, sex, preferences, religion, ethnicity or national origin, age, disability or genes. When the inferior who is at best powerless, is targeted, the work environment is hostile.
Harassment and bullying are workplace issues that despite sustained campaign on awareness & preventive measures being undertaken by both government & private organizations, remain a problem that companies specially HR have to contend with. A lot of complaints officially filed or rumored to be happening, should always be immediately acted upon with extreme urgency & utmost priority.
Typical harassment and bullying range from behavior like uttering unwelcome remarks sometimes disguised as jokes at the expense of others, sarcastic comments that are demeaning, shouting that not only to startles but mainly embarrassing, persistent or unjustified criticisms, unwanted physical contact, unsavory remarks about a person’s age, dress, appearance, weight, race or marital status, offensive language, gossip, slander, isolation or intentional exclusion, undue pressure to participate in certain groups, personal intrusion such as spying, stalking or pestering.
Unfortunately, at times, supervisor behavior such as being disrespectful, abrasive or inconsiderate is being ignored and mislabeled as just “passionate” about work or “competitive” in the desire to complete a task or a target to be hit. This builds up unnecessary discomfort and stress.
If employees are stressed, communication is limited, there is constant forms of harassment & bullying, blame culture is norm, foul & disrespectful language is acceptable & unethical behavior is tolerated, because rank seems to give one a blank check, to the point that it seems it is being rewarded (tacitly or explicitly), it is nothing but a toxic work environment.
For such cases, HR professionals, supervisors and management should lead on developing a positive and inclusive culture showing zero-tolerance for harassment and bullying. Individuals should feel confident to bring complaints without fear of ridicule or reprisal.
Everything should start from day 1, from top to bottom. Promoting a positive work environment for everyone based on respect and dignity will send a clear message that inappropriate behavior is not the way of working.
Companies should show to all employees that there is zero tolerance for any type of inappropriate behavior. Senior leaders should set the example. It should not be difficult be difficult to ascertain that being respectful is not selective nor depending on the situation. A leader who disrespects a worker yet shows amiable behavior in front for a superior to see is an example of inconsistent values.
A company policy against any form of bullying or harassment should be in place, explained & discussed with all employees, for purposes of awareness because it should be a default document whenever a report or concern on workplace harassment &/or bullying is reported. It should show examples of what constitutes harassment, bullying and intimidating behavior, including cyber-bullying, work-related events or even harassment by third parties.
The policy must be communicated to all employees, including supervisors, managers and executives. It should explain the damaging effects and clearly state that disciplinary action will be meted if the case is proven. It should promise that any allegation will be acted upon immediately & seriously in full confidentially to prevent victimization. It should also be easy to understand how to get help and how to file a complaint (informally or formally). It should also clarify the accountability of the immediate the supervisor, management & its managers including HR, the role of union (if any) & employee/s.
A well-designed & properly communicated policy will clearly show the company’s commitment to promoting dignity and respect at work that that extends to outside of the office such as employee engagements such as team building, company parties or outings.
When bullying is witnessed or reported, the employer, as represented by the supervisor or by HR, must take affirmative action immediately. Based on company procedure, they may convene assigned body to conduct fact finding & investigation with all sides bring given the opportunity to air their side.
To effectively combat workplace harassment & bullying, there should be mutual effort and responsibilities that both the employer & employer own.
The company, through its leaders must show what good looks like. They should be the first to demonstrate strongly the appropriate values. They should understand & accept that they are key drivers of poor workplace behavior, bullying and harassment because they set the tone. I remember always being reminded & likewise reminding others that “the higher you go, the more respectful one should be”.
The victim or the aggrieved on the other hand, should endeavor to document all incidents related to bullying, clearly stating the specific time, date, description of the act, or what was said or done. If there are witnesses that could collaborate the incident, then it should also be included in the narrative.
Rightfully so, all employees have a responsibility to behave in ways which support an inclusive and tolerant working environment. Everyone should play their part in making the organization’s policy a reality.
Companies are required by law to have internal procedures in addressing such complaints. I remember that all my previous companies, I always made sure that a Grievance Committee was always in place & functional.
The makeup of the Committee had representation that cuts across all positions. This means workers & supervisors group plus the department should be represented plus HR acting as the facilitator. Needless to say, the committee should convene on a regular basis or when the urgency of the situation warrants specially if a complaint or report had been filed.
Some companies, have in place an escalation procedure to be followed. The report should normally first go to the immediate supervisor concerned, then to the department manager, after which HR will inform the committee about the incident.
Though the escalation procedure aims to put standard procedure that encourages initial communication between employee & immediate supervisor hoping that at that level it can be settled or resolved. However, I always believed though that employees should always have the option to go directly to the committee in charge of investigating &/or even to the highest decision making body, to get the desired action & appropriate disposition. As a ready option, one must be able to go “all the way up” when seeking redress for bullying or workplace harassment.
Some companies invest on “Hotlines” or have outsourced this. Manned & managed by external service providers, it also seeks to protect the privacy of both parties. Details of the complaint are forwarded to HR and management for proper disposition and action.
All employees who file a complaint should have access to someone in the organization usually an HR person, trained for this role. Some have outsourced this service that allows them to talk in confidence about any inappropriate behavior they’ve experienced or witnessed. They can also be enlightened on options they can take and decide themselves how to move forward.
Guidance & counselling should be offered to both the aggrieved party & the offender. Simply punishing those responsible for the harassment risks isolating offenders makes understanding & acceptance on how an inappropriate behavior is affects the workplace culture, employee behavior, the aggrieved traumatized and the offender being stigmatized.
Inaction result to demoralization of employees. Such yield unsatisfactory performance, dip in employee satisfaction and breeds distrust in the company then eventually rampant absenteeism, abandonment of work or resignations manifest. In some cases, they band together to take affirmative action just to wake up management.
Since workplace bullying & harassment is a significant issue that affects both the mental health and productivity of employees, the Philippines, aside from required workplace mechanisms, have clear legal frameworks designed to protect workers from this kind of situation in the workplace. It provides ways to address and rectify such situations.
The Labor Code of the Philippines explicitly protects employees from workplace harassment & bullying per the general labor standards where employers are required to ensure a harassment-free workplace. In fact, in recent jurisprudence, it allows victims of workplace bullying & harassment to claim constructive dismissal if such conditions make their working environment intolerable or hostile.
Under RA 7877, work, education, or training related sexual harassment is “committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any person who, having authority, influence or moral ascendancy over another in a work or training or education. Though the Anti-Bullying Act of 2013 primarily covers bullying in educational institutions it however provides basis on how bullying & harassment should be handled generally, including in the workplace.
The Department of Labor and Employment (DOLE) issued related guidelines that interpret workplace bullying under broader laws like the Labor Code and Occupational Safety and Health Standards wherein a healthy work environment is free from all forms of harassment including bullying. This is known as Department Order No. 183-17.
Meantime, this also extends to foreigners working in the Philippines. If proven to have committed harassment or bullying, they may lose their Alien Employment Permit (AEP) thus it becomes grounds for deportation as it will make terms and condition of work visa invalid aside from civil & criminal liabilities.
If internal mechanisms are not available or miserably fail, complaints can be filed with the concerned DOLE office, specifically through the Bureau of Working Conditions (BWC). The legal remedies available if all fails in the company using internal procedures are either administrative or civil.
Administrative remedies involve filing complaints with the DOLE where an investigation will be conducted. Sanctions against the employer may be imposed if they fail to address any complaint raised on workplace bullying & harassment.
For Civil remedies, the aggrieved party or victim can file for damages under civil law if the bullying or harassment had caused personal suffering or mental anguish.
Depending on the severity of the bullying or harassment, criminal charges may be filed under laws related to physical assault or harassment.
Any form of workplace harassment or bullying that is continuous, lasting and severe, the work environment becomes intimidating, offensive or am abusive workplace which is unhealthy for employees both physically & mentally. It is not the best place to work in.
Report any form of harassment or bullying.
GOOD MORNING HARDWORKING PEOPLE!
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