TANAUAN SCHOOL OF CRAFTSMANSHIP AND HOME INDUSTRIES

Tanauan, Leyte

WORK IMMERSION 12 SY 2022-2023

Lesson 3 Rights and Duties of Employees & Employers, Confidentiality in the Workplace, and Conflict Resolution

Pedro is a regular messenger from one of the Law Firms in Manila. He uses a motorcycle in bringing the documents to the clients. One day,
he got a road accident. He fell from the motorcycle which caused him bruises and leg injury. Eventually he was brought to the hospital by the
concerned citizens. Who do you think paid his hospital bills? What about his absences/leave?

Yes, it is the Law Firm where he still works. The company paid all his hospital bills. Besides, his leave for almost a month was still paid by
the company. In other words, though he was absent, he still received his salary.

Why is this so? It is because of the rights of the workers and the responsibility of the company once the accident happens during an
employee’s duty. For this module, you will be learning about the Rights and Responsibilities of the Employers, Workers and Other Persons in
the workplace, including the lesson on Confidentiality in the Workplace.

Republic Act No. 110581 is an Act Strengthening Compliance with Occupational Safety and Health Standards and providing penalties for Violations
Thereof. Its Section 1 tells that “The State affirms labor as a primary social and economic force, and that a safe and healthy workforce is integral part.
The State shall ensure a safe and healthful workforce for all working people by affording them a full protection against all hazards in their work
environment.

Chapter III Section 4 of this R.A 110581 states the Duties and Rights of Employers, Workers and Other Persons.

Every employer, contractor or subcontractor, if any, and any person who manages, controls, or supervises the work being undertaken shall:

DUTIES OF EMPLOYERS
1. Furnish the workers a place of employment free from hazardous conditions that are causing or are likely to cause death, illness r
physical harm to the workers.
2. Give complete job safety instructions or orientation to all the workers especially to those entering the job for the first time.
3. Inform the workers of the hazard associated with their work, health risks involved or to which they are exposed to.
4. Use only approved devices and equipment for the workplace.
5. Comply with OSH Standards including training, medical examination and where necessary provision of protective and safety devices
such as personal protective equipment (PPE) and machine guards
6. Allow workers and their safety and health representatives to participate actively in the process of organizing, planning, implementing
and evaluating the safety and health program.
7. Provide where necessary, for measure to deal with emergencies and accidents including first aid arrangements.

So, which of those duties of the employers cited in the scenario from the introduction was applied by the company?

DUTIES OF THE WORKERS

1. Every worker shall participate in ensuring compliance with OSH standards in the workplace. The worker shall make proper use of all
safeguards and safety devices furnished for the worker’s protection and that of others, and shall observe instructions to prevent accidents
or imminent danger situations in the workplace. The worker shall observe the prescribed steps to be taken in case of emergency.
2. The worker shall report to the supervisor any work hazard that may be encountered in the workplace.

DUTIES OF OTHER PERSONS

1. It shall be the duty of any person including the builder or contractor who visits, builds, renovates, or installs devices or conducts
business in any establishment or workplace, to comply with the provision of this Act and in any regulations issued by the Secretary of
Labor and Employment.
2. Whenever two or more undertakings are engaged in activities simultaneously in one workplace, it shall be the duty of all engaged to
collaborate in the application of OSH standards and regulations.

Sec 5 – 8: Workers’ Rights

Workers’ Rights
Workers’ Right The right to safety and health at work shall be guaranteed. All workers shall be appropriately informed by the employer
To Know about all types of hazards in the workplace, provided access to training and education on chemical safety, and to orientation
on the data sheet of chemical safety, electrical safety mechanical safety and ergonomical safety.
Workers’ Right The workers has the right of refusal to work without threat or reprisal from the employer if, as determined by the DOLE, an
to Refuse Unsafe imminent danger situation exits in the workplace that may result in illness, injury or death corrective actions to eliminate the
Work danger that have not undertaken by the employer.
The Right to Workers and their representatives shall have the right to report accidents, dangerous occurrences, and hazards to the
Report Accidents employer, to the DOLE and to other concerned government agencies exercising jurisdiction as the competent authority in the
specific industry or economic activity.
Workers’ Right Every employer, contractor or subcontractor, if any, shall provide his workers free of charge protective equipment for their
to Personal eyes, face, hands and feet, and lifeline, safety belt or harness, gas or dust respirators or masks, and protective shields
Protective whenever necessary by reason of the hazardous work process or environment, chemical, radiological, mechanical and other
Equipment (PPE) irritants or hazards capable of causing injury or impairment in any part of the body through absorption, inhalation or personal
contact. All PPE shall be of the appropriate type as tested and approved by the DOLE based on its standards.

Besides knowing the rights and duties of employers, employees and other persons, you, who may be one of them soon need to learn what
confidentiality in the workplace is.

Casual Definition of Confidentiality

If you repeat confidential statements made by co-workers, even if the original source doesn’t hear about your gossip, the people you tell
might lose respect for you and no longer trust you. If you gossip with customers, they might tell your competitors, who will be less likely to hire you
in the future.

Examples of breaking casual, confidential communications are:

 1. repeating a co-worker’s opinion of his boss,
2. revealing the fact that a peer is interviewing with another company,
3. forwarding a confidential email from one employee to another,
4. sharing information, you overhead others discussing or passing around a document you found that wasn’t intended for others.

So, those must be avoided if you become an employee or even a trainee.

Legal Definition of Confidentiality

Once you become an employee or worker, you may have access to information for your company such as salaries, employee perks, client
lists, trade secrets, sales numbers, customer information, news about pending terminations, reasons for a firing, phone codes or computer passwords.
Your employers don’t want the employees to divulge or reveal them to others when you are still working or even when you are leaving the company.
There instances that they will ask the employees to sign a confidentiality agreement to keep the secrets even if they leave already.

Legal Examples: As an employee or worker, you must not divulge the following information:

recipe research patents customer lists production processes financial information

computer and building security information

Divulging inside information can damage your former employer, allowing them to sue you to recover those damages. So, avoid revealing
confidential information to anybody.

What is The Data Privacy Act of the Philippines? The Data Privacy Act (DPA), or Republic Act No. 10173 was passed by the Philippines
Congress in 2012 and finally implemented five years later in 2016. RA 10173 assures the “free flow of information to promote innovation and
growth” (Republic Act. No. 10173, Ch. 1, Sec. 2) while protecting the users’ fundamental rights to privacy.

How is it implemented? RA 10173 protects and maintains the right of customers to confidentiality by setting a legal list of rules for companies to
regulate the collection, handling, and disposal of all personal information. Companies legally responsible for keeping their customers’ data protected
from third parties or any form of misuse, internally or externally.

What is “personal information?” “‘Personal information’” refers to any information, whether recorded in a material form or not, from which the
identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with
other information would directly and certainly identify an individual” (Republic Act. No. 10173, Ch. 1, Sec. 3).

What is “sensitive personal information?”

(1) About an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations;
(2) About an individual’s health, education, genetic or sexual life of a person, or to any proceeding for any offense committed or alleged to have been
committed by such person, the disposal of such proceedings, or the sentence of any court in such proceedings;
(3) Issued by government agencies peculiar to an individual who includes, but not limited to, social security numbers, previous or cm-rent health
records, licenses or its denials, suspension or revocation, and tax returns.

Whatever kind of information may it be data information, medical, health, personal and sensitive personal information, any worker or
individual must show confidentiality of information.

Besides confidentiality, trainees, workers, employees and employers must take into consideration also the conflict resolution and
prevention in the workplace.

Conflict is a state of incompatibility of ideas between two or more parties or individuals. It is also a natural disagreement resulting from
individuals or groups that differ in attitudes, beliefs, values or needs.

Conflict Resolution Techniques

1. Listen then speak out. It is better for the two involved parties to speak and listen to one another to identify the root and nature of the
conflict.
2. Gather the group. The employers must also arrange meeting to discuss the issue and think of the immediate solutions to satisfy everyone.
3. Be impartial. Do not take sides but instead listen to both parties.
4. Do not postpone conflicts resolution. If the conflict arises, it is better to immediately address the issue. Postponing it may affect everyone’s
performance and conflict might be aggravated by others.
5. Promote teamwork. It is best to remind the staff the importance of working as a team.
6. Broadcast praises. If the good deeds are spread to everyone in the workplace, this makes everyone motivated and encouraged to do the
same.

How will the conflict be prevented?

1. Being open. It is better to express the issue and deal with them.
2. Maintain clear communication. Articulate thoughts clearly to one another in the workplace.
3. Encourage different points of view and evaluate each fairly.
4. Demonstrate respect for team members rather than resorting to balme game.
5. Keep team issues within the team. Talking of the issues outside will result to bigger and longer conflict.