Module 4:

Rights and Duties of Employees & Employers,

Confidentiality in the Workplace, and 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.
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.
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 I 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.
 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
1. Workers' Right to The right to safety and health at work shall be guaranteed. All workers shall be
Know appropriately 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' Right to The workers has the right of refusal to work without threat or reprisal from the
Refuse Unsafe Work employer if, as determined by the DOLE, an imminent danger situation exits in
the workplace that may result in illness, injury or death corrective actions to
eliminate the danger that have not undertaken by the employer.

3. The Right to Report Workers and their representatives shall have the right to report accidents,
Accidents dangerous occurrences, 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' Right to Every employer, contractor or subcontractor, if any, shall provide his
Personal Equipment workers free of charge protective lifeline, safety belt or harness, gas or
(PPE) dust respirators or masks, and protective shields 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.
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.
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.
 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.
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.
2. It is better for the two involved parties to speak and listen to one another to identify the root and nature of the conflict.
3. Gather the group.
4. The employers must also arrange meeting to discuss the issue and think of the immediate solutions to satisfy everyone.
5. Be impartial.
6. Do not take sides but instead listen to both parties.
7. Do not postpone conflicts resolution.
8. 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.
9. Promote teamwork.
10. It is best to remind the staff the importance of working as a team.
11. Broadcast praises.
12. 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 blame
game.
5. Keep team issues within the team. Talking of the issues outside will
result to bigger and longer conflict.