With ILO C190’s historic ratification, law professor explains what Philippine companies must do to uphold safe workplaces
The Philippines made history by becoming the first country in Asia, and the 38th globally, to formally ratify International Labour Organization (ILO) Convention No. 190. The landmark treaty is the first international standard to comprehensively address violence and harassment in the world of work.
It establishes a shared framework for prevention, accountability, and support, and urges member states to implement national strategies rooted in dignity and mutual respect.
The move signals a broader shift in how workplace safety is understood: no longer limited to physical harm, but inclusive of psychological and emotional abuse as well.
The convention also widens protection to all workers—regardless of contract type, employment status, or industry—bringing forward a more inclusive understanding of worker well-being.
Yet for all its significance, ratification is only the beginning. The harder task lies in turning principles into action.
Paul Nichol De Vera, a lawyer and assistant professor at the College of Law at the University of the Cordilleras, spoke with HRD Asia about how Philippine employers can build workplaces where safety is actively protected, not just promised.
Some forms of workplace mistreatment are easy to identify. Others, like psychological or personal harassment, often go unnoticed until they begin to affect morale and performance.
"Psychological harassment is considered to be one of the most challenging to identify," he explains. "It usually happens when one employee is isolated and left out, and if the superior officer tends to gaslight the employee.”
“Unfortunately, employers can’t easily recognize it, but it doesn’t mean that it’s not there."
Personal harassment is also frequently mischaracterized as ordinary conversation. "There are tendencies that individuals feel comfortable to speak about someone and their work or even describe their physical appearances. For me, this is a form of harassment," he says.
"This is overlooked and taken into a context as normal office banter, but its effects are actually far greater."
For many employers, having a policy in place feels like a completed task. But De Vera emphasizes that its presence alone does little unless backed by meaningful implementation.
"A policy is truly implemented if the members of the workforce are able to air out their concerns without any fear of retaliation or comments from superiors," he says. "The workforce relationship with [them] should be respectful… This means, all opinions are considered, regardless of who gives it."
He notes that trust in the process is essential. Employees must believe that their concerns will be taken seriously, and that doing so will not expose them to backlash or ridicule.
De Vera believes that workplace dynamics often reveal red flags before any formal complaint is filed. These signs, if caught early, can help HR professionals intervene before a situation worsens.
"Usually, if the environment presents a division or there are certain groupings within the workforce… Even if this is normal, it must be looked into, because there might be some that are subjected to isolation," he explains.
Changes in engagement, sudden drops in collaboration, or a visible decline in employee morale may signal that someone is experiencing hostility or exclusion. Thus, managers and HR should not dismiss these as personality differences or unrelated performance issues.
Leadership also plays a defining role in shaping workplace culture. But when casual jokes or inappropriate comments are modelled by team leaders, they can open the door to more serious forms of mistreatment.
"Take for example… Having a team leader that often jokes and gives out innuendos," De Vera says. "If you think about it, it provides a sense of acceptance to those kinds of jokes… Even though it makes others feel uncomfortable."
He points out that such habits, while sometimes unintentional, create a permissive atmosphere: one where employees may feel pressured to laugh along, even when they feel disrespected.
Under Philippine law, employers have a duty to prevent and address harassment. Failing to do so can lead to a range of liabilities under Republic Act No. 7877 (Anti-Sexual Harassment Act of 1995) and Republic Act No. 11313 (Safe Spaces Act).
Their inaction “can result in administrative sanctions from DOLE, including fines and orders to implement corrective measures," De Vera says.
"Employers may also face civil lawsuits from the harassed employee for damages, including compensation for emotional distress, lost wages, and medical expenses."
In severe cases, criminal charges can also be filed against the perpetrator, and potentially the employer, if negligence is proven.
Not all workplace harassment comes from within. Employees may be mistreated by customers, vendors, or external consultants, and employers must be prepared to handle these cases with equal care.
"If the workplace becomes an environment where raising a concern is not a sin or will not subject the employee to backlash and criticisms then the discussion on harassment can continue," De Vera says.
"There will be no action if there is no complaint… And there is no complaint if the environment does not foster listening and communication."
Companies should make clear that inappropriate behaviour from any party will be addressed, and that employees have the right to feel safe, regardless of who causes the harm.
Cultural expectations can create invisible pressure to stay silent. De Vera highlights how the nation's concepts of “pakikisama” (smooth interpersonal relationships) and “hiya” (shame) can deter employees from reporting even when they feel unsafe.
"Well, the hierarchical structure of many Filipino workplaces can further intimidate employees from reporting to those in higher positions," he adds.
So, in addition to clear policies, HR leaders must establish varied reporting channels, reinforce confidentiality, and educate staff about the organisation’s commitment to fairness. More importantly, they must follow through when someone speaks up.
"Demonstrating tangible consequences for harassers and support for victims is very important… It builds confidence and encourages reporting," De Vera says.
Many companies operate in compliance mode, ensuring that they meet minimum legal standards. But De Vera urges a shift in mindset: from passive rules to active prevention.
"Employers must urgently shift from a reactive, compliance-focused approach to harassment prevention to a proactive, culture-building approach," he says.
"Of course, this requires a well-developed strategy… [They can] do this with training programs, transparent reporting mechanisms, swift and impartial investigations, and consistent communication."
This kind of shift requires commitment at all levels of leadership. It cannot be outsourced to a single HR policy or annual seminar, De Vera explains. It must be integrated into daily operations and leadership expectations.
De Vera believes that this change, while not easy, delivers results that matter. Through these actions, employers can “build employee trust, reduce workplace tension, and enhance performance.” Ultimately, it also “strengthens the employer's reputation.”
Creating safer workplaces in the Philippines will not happen overnight. But for employers willing to listen, learn, and act, the return is clear: a working environment where respect is not just encouraged, but guaranteed.
