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Pre-Immersion

Immersion
Module 41
Quarter
Rights and Duties of Employees
& Employers, Confidentiality
in the Workplace, and
Conflict Resolution
EXPECTATIONS
This is your self-learning module on Pre-Immersion. All the activities
provided in this lesson will help you learn and understand Rights & Duties
of Employees and Employers, Confidentiality in the Workplace and
Effective Conflict Resolution!

After going through this module, you are expected to:

1. get oriented on the rights of employers, employees and other persons;


2. realize the importance of practicing confidentiality in the workplace;
3. practice confidentiality in the workplace or wherever it is necessary; and
4. identify the techniques in solving and preventing conflict.

PRETEST

Directions: Identify whose duties or rights are the following. Choose among
the employer, employee or other person. Write A if it’s for the Employer, B, if
it is for the Worker/Employee, or C if it is for other person.

_____1. Comply with Occupational Safety Health Standards including


training, medical examination and where necessary provision of protective
and safety devices.
_____2. Comply with the provision of this R.A. 110581 and in any regulations
issued by the Secretary of Labor and Employment.
_____3. Provide where necessary, for measure to deal with emergencies and
accidents including first aid arrangements.
_____4. They shall have the right to report accidents, dangerous occurrences,
and hazards to the people concerned.
_____5. The right to safety and health at work shall be guaranteed.

RECAP

Let us apply what you have learned in the previous module. Below is a picture
showing 10 hazards, identify at least 5 hazards and explain why they are hazards.
Hazard Explanation/s

LESSON

One of my nephews 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.

Section 5 – 8: Workers’ Rights

Workers’ Rights
1. Workers’ The right to safety and health at work shall be
Right To guaranteed. All workers shall be appropriately
Know informed by the employer 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.
2. Workers’ The workers has the right of refusal to work without
Right to threat or reprisal from the employer if, as
Refuse determined by the DOLE, an imminent danger
Unsafe situation exits in the workplace that may result in
Work illness, injury or death corrective actions to
eliminate the danger that have not undertaken by
the employer.
3. The Right Workers and their representatives shall have the
to Report right to report accidents, dangerous occurrences,
Accidents and hazards to the employer, to the DOLE and to
other concerned government agencies exercising
jurisdiction as the competent authority in the
specific industry or economic activity.
4. Workers’ Every employer, contractor or subcontractor, if any,
Right to shall provide his workers free of charge protective
Personal equipment for their eyes, face, hands and feet, and
Protective lifeline, safety belt or harness, gas or dust
Equipment respirators or masks, and protective shields
(PPE) whenever necessary by reason of the hazardous
work process or environment, chemical,
radiological, mechanical and other 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.
In some instances, confidentiality refers to not discussing internal
goings-on with co-workers. In other instances, it refers to not sharing trade
secrets and other company information with competitors, the press or
anyone outside of your company.
Confidentiality has both casual and legal definitions.

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:

recipes
research financial information,
patents website traffic statistics
customer lists computer and building security information.
production processes
companies that collect data on customers cannot share this information
with other companies unless it informs customers in advance, such as
when businesses share email lists. Personnel information is confidential,
and information in an employee’s file, such as social security number,
salary, health records, disciplinary actions and termination reason can’t
be discussed with other employees.
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.
ACTIVITIES

Activity 1: True or False


Directions: Write true if the statement is true, and false if it is incorrect. Write
your answers in your notebook.
_____1. Ideas about what is private or secret can be very individual therefore
you should treat all information confidentially.
_____2. If the conflict between two parties arise, it is best for the employers to
postpone addressing the issues right away.
_____3. If your work situation puts you or others in unusual danger, you have
the right to refuse to work without telling to your supervisor.
_____4. Employers should make every worker informed of the chemical,
electrical, ergonomical and mechanical safety.
_____5. The individual’s medical record belongs to sensitive information.

Activity 2: My Actions
Directions: Read the following situations and answer the questions that
follow. Write your answers on a sheet of paper.

1. There is a group at work that often gossips about others on the job.
You like these people but don’t want to be a part of the gossip scene.
What will you do?

2. Your supervisor wants you to work overtime every week, but you have
other commitments outside of work. What will you do?

3. Your colleague in the company you are working has learned that the
manager’s brother has just been arrested for assault. He tends to
discuss this loudly wherever he is.
What should you do without creating any conflict with your colleague?

Activity 3: Past and Future

A. You have probably experienced having conflict with a classmate in


your school, a conflict with your sibling/s at home or your friend,
groupmate or teammate. Share your experience on this in one or two
paragraphs. Content may include the root of the conflict, span of time
your conflict lasted, and how you resolved it. Write your paragraphs
on a sheet of paper you used in Activity 2.
B. If you are given a chance to be a team leader of a certain organization,
how will you maintain harmony in the organization? What rules will
you implement? Enumerate them together with their importance or
reasons why.

WRAP–UP

To wrap-up everything you have learned today, read and answer the
following questions:

1. Being a trainee or an employee someday, how will these rights and


duties help you in your job? Answer this in two sentences.

2. What is the implication to you of learning the confidentiality of data


information? How will you apply it now?

3. You have also learned the resolution and prevention of conflicts. What
do you think is the importance of all of these at home, in school, in an
organization or in the company?

Write your answers on the same sheet of paper you used in the previous
activities.

VALUING

Write ways on how you will show commitment to your work. Start your answer
with this statement: I will demonstrate 100% commitment to my work as
a trainee or as an employee by:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
P O S TT E S T

Directions: Choose the letter of the correct answer.

_____1. Computer passwords and telephone codes must be divulged to


anyone asking for it in the workplace.
A. Always False C. False
B. Partly true D. True
_____2. What definition of confidentiality is being referred to by this example:
Telling that one of your colleagues is being interviewed in another company?
A. Casual B. Legal C. Layman D. Formal
_____3. Refusal to work without threat or reprisal from the employer if, as
determined by the DOLE, an imminent danger situation exists in the
workplace that may result in illness, injury or death corrective actions to
eliminate the danger that have not undertaken by the employer.
What does that statement indicate?
A. Duties C. Responsibilities
B. Challenges D. Rights
_____4. If you can keep confidential records and information to yourself
alone, what value do you manifest as an employee?
A. Confidence C. Truthfulness
B. Flexibility D. Trustworthiness
_____5. Imagine that you were in a certain company for an immersion. One
day you accidentally heard from the conversation of the two staff about a
critical issue in the company. What would you do?
A. I would just keep it to myself.
B. I would share it only to my parents.
C. I would go directly to my close employee and share about it.
D. I would choose somebody from the company to make it secret too.

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