Dear PAO,
First of all, I would like to state that I have been an avid reader of your column, and it has been of big help as I navigate my daily life here in the Philippines because it enables me to understand Philippine laws better. I am a recognized refugee by the Philippine government and was given such status three years ago. As a brief background, I have been working in the call center industry here in the Philippines for two years. Unfortunately, I have a manager who constantly utters racist remarks toward me, and the same is already affecting my work and mental health. I tried raising this concern to the management, but they did not pay any mind. My question is, can I file an illegal dismissal case against my employer and/or manager? As a refugee, I am scared that if I file a case against them, they will report me to immigration, and my refugee status will be revoked.
Altea
Dear Altea,
First of all, thank you for writing to us.
As a brief background, we would like to emphasize that the Philippines is a State party to the 1951 United Nations (UN) Convention Relating to the Status of Refugees and its 1967 Protocol, the 1954 UN Convention Relating to the Status of Stateless Persons, and the 1961 Convention on the Reduction of Statelessness.
As a State Party, the Philippines committed to protect the rights of refugees, stateless persons, and asylum seekers. To give life to its international commitment, Executive Order (EO) 163, otherwise known as the Act “Institutionalizing Access to Protection Services for Refugees, Stateless Persons and Asylum Seekers,” was issued on Feb. 28, 2022.
Section 1 of EO 163 clearly states the policy of the State to “closely monitor and ensure full protection of the rights of [persons of concern] to liberty and security, and freedom of movement” and assure the “minimum standards for the treatment of refugees.” These include “the provision of access to socioeconomic services, social security benefits, gainful employment and human working conditions, education, participation in judicial and administrative citizenship proceedings, legal assistance and access to courts, and freedom of religion.”
Moreover, Section 5 of EO 163 ensures that all persons of concern (POCs), i.e., asylum seekers, refugees, and stateless persons, shall have access to courts and the swift administration of justice. Therefore, even if you are a refugee, your rights are protected under Philippine laws.
Now, to address your workplace concern, it appears that you are experiencing what is termed constructive dismissal. Constructive dismissal is defined by the Supreme Court, through Associate Justice Diosdado Peralta, in St. Paul Pasig, et al. v. Anna Liza L. Manco, et al., GR 222317, Jan. 24, 2018, as:
“xxx a cessation of work because continued employment is rendered impossible, unreasonable or unlikely, when there is a demotion in rank or diminution in pay or both; or when a clear discrimination, insensibility, or disdain by an employer becomes unbearable to the employee. The test of constructive dismissal is whether a reasonable person in the employee’s position would have felt compelled to give up his position under the circumstances. It is an act amounting to dismissal but made to appear as if it were not. In fact, the employee who is constructively dismissed may be allowed to keep on coming to work. Constructive dismissal is therefore a dismissal in disguise. The law recognizes and resolves this situation in favor of employees in order to protect their rights and interests from the coercive acts of the employer.”
Should you wish to initiate an action against your employer, you may begin by filing a complaint through the Single Entry Approach (SEnA) following the provisions of the Department of Labor and Employment’s (DOLE) Department Order 107-10 dated Nov. 3, 2010.
We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
