RIGHTS AND DUTIES OF EMPLOYEES AND EMPLOYERS CONFIDENTIALITY IN THE WORKPLACE

WORK IMMERSION

1. Rights and Duties of Employees & Employers, Confidentiality in the Workplace, and Conflict Resolution

2. Learners 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.

3. 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.

4. Hazard Explanation/s

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. Confidentiality has both casual and legal definitions. Casual Definition of Confidentiality 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.

11. Legal Definition of Confidentiality 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.

12. 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).

13. 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.

14. 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.

15. Conflict Resolution Techniques 1. Listen then speak out. 2. Gather the group. 3. Be impartial. 4. Do not postpone conflicts resolution. 5. Promote teamwork. 6. Broadcast praises.

16. 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.

17. Activity 1 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.

18. Activity 2: My Actions Directions: Read the following situations and answer the questions that follow. 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? 4. What should you do without creating any conflict with your colleague?

19. 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 the space provided below. 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.

20. W R A P – U P 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?

21. II 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: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

22. Formative Assessment: I. 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 B. Challenges C. Responsibilities D. Rights

23. _____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.