The Department of Labor and Employment (DOLE) reminded employers to respect the beliefs, religion, and personal preferences of workers when holding Christmas parties and other holiday events.
In a statement released Friday, DOLE said employees have the right to file a complaint if they are compelled to dance or join activities they consider forbidden, improper, or outside their job description. The agency stressed that participation in such activities must remain voluntary.
“Meaning, if there is a threat of disciplinary action, the employee may file a complaint and go to NLRC to seek corresponding damages,” DOLE said.
The department noted that complaints may be filed before the National Labor Relations Commission (NLRC), adding that the Labor Code does not allow employers to punish workers for refusing to take part in non-work-related activities.
“In addition, the Safe Spaces Act can also cover violation if it relates to harassment,” the statement added.
DOLE reiterated that employees may only be disciplined for just causes under the Labor Code, such as serious misconduct, gross and habitual negligence, fraud-related loss of trust, crimes against the employer or their family, or similar violations of company policies.
“If you were forced and threatened with punishment for non-compliance, you can file a complaint with the NLRC and claim damages,” the department said.
It added that even without formal punishment, workers may still file complaints if harassment or an unbearable work environment leads to constructive dismissal, which is considered illegal dismissal.
“But in the end, if the coercion is just a joke at Christmas parties or presentations, and all in good, respectful, clean fun, and in the spirit of camaraderie, you can still participate to strengthen the organization and make your occasions happier,” DOLE said.