REPRESS

OD

x EFiled
RECEIVED
DATE May 30, 2023 [

Republic of the Philippines 3
HOUSE OF REPRESENTATIVES [o}
Quezon City, Metro Manila =
* TIME 1:19 pm
NINETEENTH CONGRESS
First Regular Session

Wo

House Bill No. 8446

INDEX

INTRODUCED BY REPRESENTATIVES RALPH WENDEL P. TULFO
AND JOCELYN P. TULFO

AN ACT INSTITUTING POLICIES TO PREVENT AND ADDRESS ACTS OF
BULLYING AND OTHER SIMILAR ACTS IN THE WORKPLACE

EXPLANATORY NOTE

This bill seeks the institution of anti-bullying policies in government and non-
government offices, including business establishments to protect our workforce's right to
respect and dignity in the workplace.

Enshrined under Section 18, Article II and Section 3, Article XIII of the 1987
Constitution is the responsibility of the State to protect the rights of workers and afford them
full protection, being entitled to security of tenure, humane conditions of work and a living
wage.

Office bullying is commonly overlooked by many and considered part of the norm.
This has become a systematic problem to many government and private offices in the country,
with office bullying silently tormenting many Filipinos, often causing physical and mental
distress.

While a law aiming to adopt policies against bullying through Republic Act No. 10627
or the Anti-Bullying Act has already been enacted, this only covers bullying in elementary
and secondary schools.

Adopting policies against bullying in the workplace would ensure every Filipino
worker's right to just and humane working conditions, mutual respect amongst employees
and their employers, and dignity in their work will be observed.

In view of the foregoing, the urgent passing of this bill is earnestly sought.

RALPH WENDEL P. TULFO JOCEL ie
Representative Representative

2n4 District of Quezon City ACT-CIS Partylist

il Rai

a
Q)
*


© @ NV anaeNnn

a
12
13
14
as
16
17

18
19
20
21

23
24
25

Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

House Bill No. 8446 _

INTRODUCED BY REPRESENTATIVES RALPH WENDEL P. TULFO
AND JOCELYN P. TULFO

AN ACT INSTITUTING POLICIES TO PREVENT AND ADDRESS ACTS OF
BULLYING AND OTHER SIMILAR ACTS IN THE WORKPLACE

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “Anti-Bullying in the Workplace
Act”.

SEC. 2. Declaration of Policy. - It is the policy of the State to protect the rights of the
workforce and promote their welfare recognizing labor as a primary economic force. It is also
the responsibility of the State to afford full protection to labor, local and overseas, whether

organized or unorganized.

Towards this end, the State shall enact laws to ensure the promotion of the overall welfare
and the physical and mental well-being of our workforce and their protection against abuse,

harassment, violence or economic exploitation.

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

(@) prohibit the following acts:

(1) Office Bullying - any severe or repeated use by one or more employees of a written,

verbal, or electronic expression or a physical act or gesture, or any combination
2


woevaunerwune

oe
12
13
14
15

16
7

18
19
20

21
22

23

24
25

26
27

29
30
31
32
33
34

thereof, directed at an employer, co-employee, or any person with whom he/she has
professional relations or dealings which infringes 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:

@

)

)

Any unwanted physical contact between a person to an 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;

‘Any act that causes harm to a victim’s psyche and/or emotional and/or
moral well-being;

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;

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

Cyber-bullying, or any bullying done through the use of technology or any
electronic means.

(2) any abusive act or behavior which includes, but is not limited to, the following:

@

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;


1 (ii) Disrespecting and devaluing an employer, a co-employee, or any person with
2 whom he/she has professional relations or dealings through disrespectful
3 and devaluing language;

4

5 (ii) Exercising management by threats and intimidation;

; (iv) Stealing credit and taking unfair advantage of an employer, a co-employee,
8 or any person with whom he/she has professional relations or dealings; and
re (v) Preventing access to workplace, career, and office opportunities to an

1 employer, a co-employee, or any person with whom he/she has professional

2 relations or dealings.

B

14 An act or behavior shall be construed as abusive if it results to any or all of

15 the following:

16

v7 1. Destroys or undermines the character, image, status, reputation, morale,

18 and credibility of an employer, a co-employee, or any person with whom

19 he/she has professional relations/dealings;

20

21 2. Discredits, destroys, and undermines the work, results of the work,

22 awards, career, vocation, craft, professional status, productivity,

23 performance and talents of an employer, a co-employee, or any person

24 with whom he/she has professional relations/ dealings; and

25

26 3. Causes divisive effects among employees, employers, or officers and

27 other members of the government and non-government organizations,

28 business establishments, their clientele and any other person engaged by

29 government and non-government organizations and _ business

30 establishments in their respective professional capacities.

31

32 _(b) establish clear procedures and strategies for:

33

34 (1) Reporting acts prohibited under this Act;

35


COV nu swne

11
2
2B
14
15
16
7
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32

(2) Responding promptly to and investigating reports of acts which are prohibited under
this Act; and

(3) 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.

(©) enable employees to anonymously report any of the prohibited acts; Provided, however,
that no disciplinary administrative action shall be taken against a perpetrator solely on
the basis of an anonymous report; and

(@) subject to the perpetrator/s who knowingly make/s a false accusation to disciplinary
administrative action.

SEC. 4. Mechanisms to Address Office Bullying and/or Other Prohibited Acts. ~

(a) The administrative office or officer, human relations office or 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 shalll be conspicuously posted on
the office walls and website, if there is any.

(©) Any employee shall immediately report any instance of office bullying and other
prohibited acts he/she has witnessed or that has come to his/her attention, to the
administrative office or officer, 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:

() notify the appropriate law enforcement agency if the administrative office or
officer, human relations office or officer, and/or any person or office holding a
comparable role believes that criminal charges under the Revised Penal Code
may be pursued against the perpetrator; and

(i) 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.

(©) Appropriate trainings and seminars to disseminate the anti-bullying policies shall be
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 officer, relations office or
officer, or any person or office holding a comparable role, who shall fail to comply with the
requirements under this Act. In addition thereto, erring non-government offices and business
establishments shall likewise suffer the penalty of suspension of their permits to operate.

6


Cer nanuneune

1
12
13
14
15
16
v7

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. 9. Separability Clause. - If any provision or part thereof is held invalid or
unconstitutional, the remaining provisions not affected thereby shall continue to be in full force
and effect.

SEC. 10. Repealing Clause. - Any law, presidential decree or issuance, executive order, letter
of instruction, administrative order, rule or regulation contrary to or inconsistent with the

provisions of this Act is hereby repealed, modified, or amended accordingly.

SEC. 11. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,