Manila: The Department of Labor and Employment (DOLE) has reminded companies that will hold Christmas parties and events to respect the beliefs, religion, and personal preferences of every employee. In a statement Friday, the DOLE emphasized that workers have the right to file a complaint with the agency if dancing or any other activity that they deem forbidden or improper is compulsory in such a holiday event.
According to Philippines News Agency, the department highlighted that the Labor Code states that an employee cannot be forced to join or perform, especially if it is outside or not part of his/her work or job description. Employees who feel pressured can file a complaint before the National Labor Relations Commission (NLRC).
The statement clarified, "Meaning, if there is a threat of disciplinary action, the employee may file a complaint and go to NLRC to seek corresponding damages." The DOLE also noted that the Safe Spaces Act could cover violations if the issue relates to harassment.
The Labor Code specifies the just causes for which an employee can be punished, including serious misconduct, gross negligence, loss of confidence related to fraud, crimes against the employer or family, and analogous circumstances, which may include violations of company policies.
The DOLE further explained, "If you were forced and threatened with punishment for non-compliance, you can file a complaint with the NLRC and claim damages." They added that workers could file a complaint if they were not punished but harassed or faced a work atmosphere that could lead to constructive dismissal, which is considered illegal dismissal.
The department concluded by stating that if coercion is just a joke at Christmas parties or presentations and all is conducted in good, respectful, clean fun, in the spirit of camaraderie, employees are encouraged to participate to strengthen organizational bonds and enhance the festive atmosphere.