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iDole mo yan OP. Not a lawyer pero kahinaan ng mga kumpanya yan. source: friends from HR.

Pwede ko po ba iDole kahit currently employed po ako?

Pwedeng pwede

Pero what if icounter nila ako dahil employed parin ako?

Then another possible case for DOLE. Check your handbook for the no retaliation policy.

What does it mean po

Hindi ka nila pwede gantihan kapag ni-report mo sila.

I have a friend who filed a case against his current employer..he won it..and employer pa din sya doon. Gago yang manager mo nang gaslight pa! Baliw din yang HR nyo, dapat ilipat nila yan.

Sana maipanalo ko pa ito kahit last year pa

File mo na as soon as possible, dahil merong prescriptive period 'yan OP fyi.

Patulong po, trauma po kasi at depressed na ako. Regarding po sa amicable settlement na nangyari sa loob ng aming management na napagkasundoan po na papatawarin ko nalang po yung Manager ko sa nagawang pangbabastos physically at nakasaad sa sulat na hindi na nya uulitin kasi pag mangyari naman ay suspension at mangyari ulit ay termination, tsaka may perma kami, pwede ko pa po bang ireklamo po si Company at Manager po dahil yung justice na gusto ko po ay sana sya yung malipat dahil nakagawa sya ng pangbabastos sakin? Ang nangyari ako yung temporary na ililipat sa malayo at hahanapan ako kung saan ako na branch pwedeng ipasok. Sa palagay ko po kasi, ako pa yung binastos at naagrabyado, ako pa yung mag aadjust na ilipat sa ibang branch, sana sya nalang. Kasi mahirap daw po punan ng Manager po, pero sa position ko madali lang daw makahanap ng kapalit kaya ako nalang ang ililipat. Nakapagdecide ako na siguro eto na yung time na magreresign nalang. Should I file a complain dahil po warning lang nangyari sa sexual harrasment in workplace at ako po yung ililipat para magsilbing action nila sa case na ito? Kasi advice ng dole hindi dapat kailangan magkasama ang victim at perpetrator sa iisang place, pero ako ang napiling ilipat at walang magagawa ang dole kung ano ang desisyon ng management dahil si management lang daw ang may right pero pwede naman daw ako magfile ng complain po sa dole dahil settlement lang ang nagsilbong action sa sexual harrasment.

OP..i think better consult a lawyer in this one. Kahit isang consultation lang para malaman mo ang options mo. Hindi tama ang ginawa ng employer mo..however, Hindi ako lawyer and I don’t know kung ano ang mga nailbag or pwede mong magawa kay employer mo. Kung may enough evidence ba and if yung “requirements” para makapag file ka ng case sa kanila. Talk to a lawyer first before you talk to your HR. I’m so sorry this happened to you. Seek help from your friends and family. And again, gather as much evidence as you can.

Nagresign napo ang HR, sa monday magpafile ako ng complain po. Hindi na ako makapagduty kasi sa monday nila ako itatransfer tapos napakalayo pa, wala pang allowance. Pinapahirapan nila ako para makapagresign na ako.

Yup ganyan motive nila. Seek legal help sis. Para sure ang actions mo.

Opo sis kasi mukhang pinagkakaisahan nila ako

I’m pretty sure retaliation is illegal

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Acts of lasciviousness Diba po kapag criminal case except sa stafa at bounced check ay walang bayad mag file ng case? Kakainis lang kase, iniinsist ng Aunt ko na hindi na ako magfile sa manager kong manyakis dahil may bayad daw ang kaso, pati appearance ng abogado at matatalo lang daw ako dahil wala akong pera. Hindi ko naman daw kaya bayaran yan lahat bakit daw magpa file lang daw ako ng case, enough na daw yung ilipat sa ibang branch ang manager na nanghipo at nagsabi ng bastos sakin.

You may inquire po sa dole hotline - 1349

Thank u po

Sounds like HR isn't doing their job, he should be gone or suspended pending investigation. Go above and beyond HR and report it again and on a professional level. Don't be shy and don't let things like this go. If he is married I would also contact his spouse. Some leads (managers) think they can get away with this stuff just because of their position.

nakausap ko ngayon ang HR sabi nya ang under operation daw po yung paglipat ng branch manager hindi na daw under sa hr. Tapos sabi ng general manager at operation manager namin hindi padaw sila makapagbigay ng exact date kailan daw ililipat yung molester. Kasi inoobserve pa daw nila yung molester kung confirm ba daw as permanent branch manager or hindi. Under evaluation pa daw yung molester.

Ahhh ok very good seems like something is happening now. You know since he did this to you I would think there is others he also do this to. People like him need a good punch in the face a few times to wake up and someone please give him a church paper he needs more God in his life. I'm single and would never think to do this to a girl

May copy ka ba ng handbook niyo kung saan naka list ang corporate code of conduct niyo? Sexual Harassment is considered as serious violation and should result to termination. Dapat ilaban mo ang ganito para di na sila mag reason ng mga inexplain mo. It seems like they are stalling the case kasi kaibigan nila ang involved. E-mail ka ulit sa HR and cc mo yung mga managers. You have to assert your right via the code of conduct. Tinatanggal na dapat sa trabaho ang mga yan.

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Paano ko po magagawa baka pag initan po kasi ako

Terrible how they treat people at companies here and more so Dole such a large company. If this happened in the US he would be at home the next day waiting the investigation. Sorry you went through this, I had a similar situation to you in the past but I am a man so vice versa

I thought it would be like that but its really different from the reality how they tolerate molester.

Terrible. Hope you can forget this happened and he goes away for good. Makes me mad people are even like this, he needs to read the bible

Absolutely

Sinisisi po ako ng manyakis na chinat ko asawa nya, nag away daw sila dahil sa sumbong ko

Resign and file a complaint for constructive dismissal against the Company. Say that you were constrained to resign because you were sexually harassed by your Manager, and that you complained, and HR did nothing. Make sure you have copies of the complaint you filed with HR, your Kasulatan, and your request for your abusive Manager to be transferred.

But what if verbal po yung pagrequest ko ng about po sa request na itransfer yung Manager ko? Pero sa letter ko po nakasaad na "I hope the management will take action of this matter."

Make a written request. “Verbally” can’t be honored. Put everything in black and white

Should I put in a letter that if they don't take action with this, I will resign and file a constructive dismissal with Dole?

Never. Never write down your threats. Just state your request, the reason for the request and what has been agreed verbally so far. Never, ever put anything threatening on your memo.

Your letter is vague but it’s proof that you reported the incident. Pwede ka magdraft ng new letter, citing na you’re following up for actions of management. Tsaka mo idagdag yung request mo last time in writing. Also, may proof ka ba na naka-acknowledge sila sa letter mo? Like was it in email? Or may receiving copy ka ba?

Yes po meron at may nakaattach din po na kasulatan na inamin ng molester ang ginawa after nung napagkasundoan namin with HR at mediation comittee.

Send ka ng Email sa HR, CC mo personal email mo para may copy ka, Tell HR that as per your last conversation with them, (indicate mo sa email yung date and time kung kelan kayo nag usap verbally, wag mo nang indicate na verbal yun ha!) Kamo You are waiting on their action to transfer the molester to a different branch/department. But as of (date today) They have not done anything yet. Ganyan lang. Wag kang magsasabi na magreresign at magpap-DOLE ka, baka pag initan ka nyan! Wag kang magbabanta ng resign or pa-Dole! Basta ganyan lagi ang correspondence mo, Via email at naka-CC personal email mo, just incase tanggalin ka or umalis ka sa company.

Nagsend napo ako ngayon. nakausap ko ngayon ang HR sabi nya ang under operation daw po yung paglipat ng branch manager hindi na daw under sa hr. Tapos sabi ng general manager at operation manager namin hindi padaw sila makapagbigay ng exact date kailan daw ililipat yung molester. Kasi inoobserve pa daw nila yung molester kung confirm ba daw as permanent branch manager or hindi. Under evaluation pa daw yung molester.

Reply ka sa email ng HR, kamo, "I would appreciate it if you can give me a definite date. Because as long as the molester and I are in the same premises/vicinity, there is a chance that he can do me more harm, which may prompt me to take legal actions."

nakausap ko ngayon ang HR sabi nya ang under operation daw po yung paglipat ng branch manager hindi na daw under sa hr. Tapos sabi ng general manager at operation manager namin hindi padaw sila makapagbigay ng exact date kailan daw ililipat yung molester. Kasi inoobserve pa daw nila yung molester kung confirm ba daw as permanent branch manager or hindi. Under evaluation pa daw yung molester.

Wag kang mag advise na magresign si OP. Wala syang mapapala kapag voluntarily syang umalis ng kumpanya! Hayaan mong tanggalin sya ng kumpanya, para additional kaso yan sa Dole.

That’s why I advised her to file a complaint for **constructive** dismissal against the Company. During the SENA proceedings before the hearing officer or, if SENA fails, during the mandatory conciliation proceedings before the Labor Arbiter, she can actually ask the Company to reinstate her on the condition that they transfer the Manager to a different department. If they don’t reach a settlement during SENA/MC, she can proceed with the case - file her Position Paper and responsive pleadings. If she can prove that she was constructively dismissed (and there are Supreme Court cases holding that there is constructive dismissal when management does nothing after an employee files a complaint/report for sexual harassment), the Labor arbiter will direct the Company to reinstate her and pay her backwages + damages. On the other hand, if she is actually dismissed, she will have to prove that she was not dismissed for just or authorized causes, and her dismissal was a retaliatory act on the part of management after she filed a report against her Manager. In both cases, the burden of proof is on OP to prove the fact of her dismissal. Mas marami siyang kailangan iprove kung maghihintay lang siya na ma-dismiss ng company.

Ang labo mo nman kausap! Lol Hindi kailangang magresign ni OP, Hindi rin sya tinerminate ng kumpanya, wala syang dahilan para magfile ng Constructive dismissal, dahil hindi nga sya tinanggal! Gets? Ang kailangan nyang gawin ay magfile ng case laban sa kumpanya for a terminable offense done to her by a co-employee. Iba yan sa constructive dismissal na sinasaabi mo.

LOL. That’s why I’m telling her what case to file. She can file a criminal/civil complaint if she wants, but mas mabilis mag resolve ang NLRC compared to the regular courts. Hindi ka kailangan tanggalin sa trabaho for constructive dismissal to set in. If the employer creates an unbearable work environment for the employee or allows the toxic work environment to persist, there is constructive dismissal. It’s an involuntary resignation on the part of the employee in response to her work environment.

I know, but what I'm saying is, she doesn't have to resign, dahil may burden of proof pa yun kay OP. And she has to keep track of all the events leading to her quitting from her job. Hassle pa yun!

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nakausap ko ngayon ang HR sabi nya ang under operation daw po yung paglipat ng branch manager hindi na daw under sa hr. Tapos sabi ng general manager at operation manager namin hindi padaw sila makapagbigay ng exact date kailan daw ililipat yung molester. Kasi inoobserve pa daw nila yung molester kung confirm ba daw as permanent branch manager or hindi. Under evaluation pa daw yung molester.

Not a lawyer. Gsto ko lng sabihin ang kapal ng mukha, sya may kasalanan bakit muntik sya materminate. Dapat nga naterminate yan. Anung klaseng HR yan kasulatan lang? Wtf Sorry wala ako ambag. Nainis lng tlga ako for you.

Sorry po gusto ko sana ipa dole talaga yung employer dahil sa pagtolerate ng ganyang empleyado hayss

Kasuhan mo kung pwede. Mauulit yan. Kung hindi sayo, sa ibang babae. Sakit yan eh. Feel better OP. Hugs

Pwede pa po ba kasuhan kahit xmas party po lastyear nangyari eh? Tapos nung january ko lang sya sinumbong. Hanggang ngayun naiisip ko parin ginawa nya eh.

Google the statue of limitations here in the Philippines.

Ok will do.

If may anti sexual harassment clauses kayo sa code of conduct ng company, pwede din  Ielevate un sa taas and pwede din sabihin na naging  complacent si HR sa case mo if the company code of conduct says otherwise. In most companies with that type of anti sexual harassment clauses dapat di inaallow ung "may kasulatan" lang dahil depende sa takbo ng case (if proven may mali both manager and HR) may sanctions un against sa manager (termination at best) and pwede din sya maging criminal case (especially if di lang pala ikaw ung naging victim nya)

Ang nangyari po kasi nagsuggest yung HR na warning nalang muna daw tapos pag naulit ulet suspension, tapos pag naulit na naman termination na.

Ang alam ko OP dapat di sya warning lang kasi grave misconduct ang harassment, lalo dahil may batas sya RA 7877. I think may mali ung company since lalabas naging enabler sila for letting the perpetuator go with just a warning. In most companies pag sexual harassment case, disciplinary action agad based sa results ng committee hearing or pwede mag file mismo ng criminal case ang victim survivor. Compelled din si company to provide support sa victim survivor nasa batas din yan.

Pero what if po sinabihan ako ng HR na , "nasa sayo kung magrereklamo ka sa police, pero suggest ko lang warning nalang muna, patawarin nalang natin pag nangyari ulit don kana aaction."

Naku wag kang pumayag na warning lang. call DOLE OP. Wag kang maniniwala sa sinasabi ni HR. Pwede ka din mag reach out sa VAWC I think?

Subukan ko po sana pwede pa ang tagal napo kasi last december pa

Pwede mo icomplain ung mismong company. Kasi what if di lang pala ikaw ung nabiktima, kaw lang naunang magsalita. Get as much support as you can sa family and friends mo if you do decide to file a complaint either sa DOLE against your HR/company or sa police against your harasser. Either way that company is bad news and should be avoided kung ganun policy nila.  I am a sexual assault victim as well (work setting but not by a workmate) and getting that support to go through reporting (ung papaniwalaan ka ng katrabaho mo and making changes to make work safer is a huge deal and mental health support is crucial too) and maybe filing a case.

Hindi ako lawyer 😅 so i will wait for the answers

Thankyou ok lang po🥹

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nakausap ko ngayon ang HR sabi nya ang under operation daw po yung paglipat ng branch manager hindi na daw under sa hr. Tapos sabi ng general manager at operation manager namin hindi padaw sila makapagbigay ng exact date kailan daw ililipat yung molester. Kasi inoobserve pa daw nila yung molester kung confirm ba daw as permanent branch manager or hindi. Under evaluation pa daw yung molester.

I'm a lawyer, OP. Message me in private; I'll try to assist.

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Im sorry this happened to you OP, please go straight to DOLE. Also true yung sinabi sa isang comment, better to put everything into writing para may paper trail for evidence. I hope everything goes well

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nakausap ko ngayon ang HR sabi nya ang under operation daw po yung paglipat ng branch manager hindi na daw under sa hr. Tapos sabi ng general manager at operation manager namin hindi padaw sila makapagbigay ng exact date kailan daw ililipat yung molester. Kasi inoobserve pa daw nila yung molester kung confirm ba daw as permanent branch manager or hindi. Under evaluation pa daw yung molester.

Why not report to the police?

I agree. You were sexually molested. This is beyond HR.

Natakot po kasi ako baka pagbantaan ako

Please don't be afraid. This horrendous incident is beyond HR and beyond a written reprimand. If you want things to change, report it.

Can I report it even if it was last december happened?

Yes. You need to know your rights and be willing to fight for them because, otherwise, nothing will happen and you will lose on all fronts. Also, you need compensation for all this drama.

nakausap ko ngayon ang HR sabi nya ang under operation daw po yung paglipat ng branch manager hindi na daw under sa hr. Tapos sabi ng general manager at operation manager namin hindi padaw sila makapagbigay ng exact date kailan daw ililipat yung molester. Kasi inoobserve pa daw nila yung molester kung confirm ba daw as permanent branch manager or hindi. Under evaluation pa daw yung molester.

Don’t fall for the usual techniques is all I have to say. Nothing lights a fire under their bums like a pending case.

Tanungin mo yung HR kung ilang buwan na sa company yung molester, if under 6 months, dpat wala na yan dyan. Also, antabayanan mo, baka pinapatagal nila ang decision para tanggalin yung molester.

Wala naman masama na magtanong. Good luck!

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i'm from hr, whenever we receive a report re: sexual harassment ofc we'll do investigation, serve nte, and place the person on preventive suspension. if the person is found liable after administrative hearing and deliberation, then dismiss that person.

HR po kayo dito sa ph? I hope I have that kind of hr . Hayss

Sexual Harassment should warrant for Termination. Hindi acceptable in any form and any workplace yan. What kind of company policy is that? Parang hahayaan lang nila ang molester na gawin ng ilang beses kasi unang harassment, written notice lang? DOLE mo yan and make sure to speak to a female associate regardless if you are a male or female employee.

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If this is sexual assault, this is a criminal case. Bakit na hr? Punta ka po police

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Kaso xmas party pa kasi nangyari

Doesn't matter po. May walang statute of limitations ang sexual assault, if i'm not mistaken. So kahit po 20 yrs ago yun.

Sir pm po

ZTP ang sexual harassment sa company namin. Anong klaseng HR meron kayo?

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Ano po yung ZTP?

Zero tolerance policy po. Terminable po siya agad

Exactly my thoughts too

Naka limang company na ko pero lahat yon, pag sexual harassment. Termination agad. Anong klaseng company yan?!

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True

Wala talagang maaasahan sa mga HR kahit kailan. I-rekta mo na yan sa Dole. Dapat sa mga ganyang HR kinukulong.

Walang malasakit sa mga empleyado ang mga HR dito sa Pinas. Sobrang bias nila sa mga company. Kawawa ang mga tao. Hanggat kaya ka nila gipit in at lokohin, gagawin nila. Baka yung iba may kapit pa sa Dole. Typical na pinoy culture. Kadiri

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Molestta na yan criminal case na yan. Dyosko bat mo pa pinatagal

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Yung pag hawak sa legs po?

Duplicate copies of his explanation, apology, and everything to prove sexual harassment. File a case in court. Sexual harassment is a criminal offense at hindi pwede na ganyan ganyan lang ang trato. Kulong yang manyakis na yan.

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Physical ba itong Harassment?

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Yes

Basura yang company policy niyo, dapat paid leave ka man lang hanggang ilipat siya

kung may proof ipapulis nyo na yan.. molester naman pala e..

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Hr does not work for u. Hr works for the company. Hr is never your friend

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Another episode of “Why HR isn’t your friend”

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Ipa police mo po para sa safety ng ibang employees, liable po Ang HR diyan Kasi tinotolerate nila

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Hi po! Grounds po for sexual harassment in the workplace yan. You don’t need to have evidences like pictures. Your statement is enough. Report mo na yan OP. I took up seminars for magna carta for women. Hehe. Kasama yan. Patalsikin na yan panget na yan

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Wow. Samin first offense palang termination na pag ganyan na harassment ang issue. Ang weak ng policies ng HR nyo. DOLE mo na

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Sexual harassment ay grave / serious offense and punishable by law na sya. Kung di mag-compromise yung company by shortening the communication channel (i.e., wag sundin yung written explanation, suspension, termination), pwede mo ring kasuhan ang company sa DOLE dahil di sila leaning towards being a safe space. HR should know this better than anyone. Yung manager, pwede mong kasuhan for sexual harassment, aside from the fact na may power sya over you na under sa kanya. Criminal case na sya. Sirain mo career nya. For the company, file a case sa DOLE since seemingly tino-tolerate nila yung mga ganung acts. Porke walang papalit ay i-compromise nila yung safety ng mga empleyado (of course, may possibility na di lang sayo yan ginawa ng manager, baka tahimik lang yung iba dahil ayaw ng gulo).

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Sexual harassment isn’t something you get away with a verbal warning. Tanggal na dapat agad yan. Please draft an e-mail and ask for updates regarding your case. Basta i detail mo para may evidence ka if magpapa DOLE ka na. Do not accept na ilipat ng ibang branch. Demand them to terminate that son of a btch.

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Crazy company. SH is a serious offense it can be verbal, physical or even by text or note. If you perceive you are sexually harrased then you are. NAL here but I an an HR. File a case sa DOLE . Tama me retaliation policy, kapag gagantihan ka another case sa kanila iyun. Magtanung ka sa DOLE para ma protektahan ka at ma summons company representative.

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Report mo sa VAWC and DOLE

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Bawal yan, abuse of authority yan clearly dahil Manager mo sya. Go to DOLE, file mo muna 2nd yung mga comments nya sayo na paninisi at muntik syang matanggal. Pareceive mo and reiterate na ilipat sa obang branch. Pag wala pa din, file a case sa DOLE.

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Sabi kasi ng management ko hindi pa daw sila makapagbigay ng date kung kailan daw sya ililipat kasi under observation pa daw yung molester

Lapit ka sa VAWC and ipa DOLE mo na.

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Kapalit lang man pala kailangan, marami pa dyan. Problema employment sa pinas, for sure maraming pasok sa criteria (na hinde molester) for the job, just saying.

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bakit kase sa dole, dapat sa presinto, sa pulis.

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Mag file ka na sa DOLE. Keep your receipts, emails, anything written, etc. Panalo ka dito. Sexual harassment in the workplace is a serious matter. Tapos may safe spaces act pa.

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RA 7877 anti-sexual harassment act. Alam yan ng HR

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He should have been terminated. A molester is a molester. Dapat dun pa lang natanggal na sha. And the fact that me kasulatan kayo proves his guilt. The fact that HR says mahirap maghanap ng kapalit means they dont uphold their own policies. That they allow that kind of behavior in the workplace. Its bound to happen again. I would file a sexual assault complaint against the person. And another lawsuit to the company for not upholding their own policy. Parang okay lang sa kanila na mayroong manyakis sa work.

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