In a statement Friday, the DOLE said 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.
Also, the department said 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.
The complaint may be filed before the National Labor Relations Commission (NLRC).
“Meaning, if there is a threat of disciplinary action, the employee may file a complaint and go to NLRC to seek corresponding damages,” it said.
“In addition, the Safe Spaces Act can also cover violation if it relates to harassment,” the statement added.
According to the Labor Code, the only just causes for which an employee can be punished by his or her employer are the following: (1) misconduct (if serious), (2) negligence (if gross and habitual), (3) loss of confidence (if fraud), (4) crime against the person of the employer or family, and (5) analogous circumstances, which may include 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 DOLE said.
It added any worker may file a complaint if he or she was not punished but harassed or the work atmosphere would be made too difficult, which could lead to constructive dismissal, which is also 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,” the statement said.
