Labor Law Guide
Sexual Harassment at Work in the Philippines: Your Rights Under RA 7877
A boss who demands a date and threatens to fire you if you refuse is committing sexual harassment under Philippine law. RA 7877, the Anti-Sexual Harassment Act of 1995, protects employees from this form of abuse.
What Is Sexual Harassment Under RA 7877?
Section 3 of RA 7877 defines work-related sexual harassment as committed by an employer, employee, manager, supervisor, or agent of the employer who demands, requests, or requires any sexual favor from another employee, and the demand is made under any of the following circumstances:
- The acceptance or rejection of the demand is used as a basis for an employment decision (hiring, promotion, retention, etc.);
- The demand interferes with the employee’s work performance; or
- The demand creates an intimidating, hostile, or offensive work environment.
Importantly, the law does not condition protection on the victim’s acceptance of the demand. Even if you refused the sexual favor, you are still a victim of sexual harassment. The key element is the demand itself under circumstances that create a hostile or conditional work environment.
Common Examples of Workplace Sexual Harassment
- A supervisor asking for a date as a condition for a promotion
- A boss threatening to fire an employee who refuses sexual advances
- Repeated unwanted sexual comments or jokes
- Unwanted touching, physical advances, or leering
- Sending sexually explicit messages or images
- Promising job benefits in exchange for sexual favors
What You Can Do
- Document the incident — Save messages, emails, and recordings (where legally permissible). Write down the date, time, location, and exact words used.
- Report to the company’s HR or Committee on Decorum and Investigation (CODI) — RA 7877 requires companies to create a committee to handle sexual harassment complaints.
- File a complaint with the DOLE — The Department of Labor and Employment can investigate and impose administrative sanctions.
- File a criminal complaint — RA 7877 is a criminal law. A conviction carries imprisonment and a fine.
- Consult a lawyer — For advice on the best strategy and to determine what remedies are available to you.
Frequently Asked Questions
What if the harassment happened only once?
Even a single incident can constitute sexual harassment if it was serious enough to create a hostile work environment or if it involved a conditional demand (e.g., “go out with me or you’re fired”).
What if my boss is the one harassing me?
RA 7877 covers harassment by any person with authority over the victim, including direct supervisors, managers, and even the business owner. Report to the company’s designated committee or directly to DOLE.
Can I be retaliated against for filing a complaint?
Retaliation against a complainant is prohibited. If your employer retaliates (demotes, fires, or harasses you for filing), that may be a separate violation of labor laws and could be the basis for a constructive dismissal claim.
Legal Disclaimer
The information on this page is for general legal information only and does not create an attorney-client relationship. Laws, rules, fees, procedures, and office requirements may change. For advice specific to your situation, consult a qualified Philippine lawyer. AttyKalibre Legal Center provides free legal information and general legal guidance. Reading this page does not constitute legal advice or establish a lawyer-client relationship.
