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Laws To Protect Workers in The Workplace - Report...

The document summarizes laws and policies put in place to protect workers' rights in the workplace. It discusses the passage of the Occupational Safety and Health Standards Act in the Philippines, which requires employers to comply with safety standards and gives workers the right to refuse unsafe work. It also mentions statistics on occupational diseases from 2015, with back pain and hypertension being most common. The new law helps achieve goals of protecting labor rights and ensuring safe working environments for all.

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Elma Nabasca
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94 views26 pages

Laws To Protect Workers in The Workplace - Report...

The document summarizes laws and policies put in place to protect workers' rights in the workplace. It discusses the passage of the Occupational Safety and Health Standards Act in the Philippines, which requires employers to comply with safety standards and gives workers the right to refuse unsafe work. It also mentions statistics on occupational diseases from 2015, with back pain and hypertension being most common. The new law helps achieve goals of protecting labor rights and ensuring safe working environments for all.

Uploaded by

Elma Nabasca
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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LAWS TO PROTECT WORKERS

IN THE WORKPLACE
(EED 208)

Nabasca, Cherry Ann M.


BEED-II
WHO/F. Tanggol
• The World Health Organization (WHO) congratulates the
Philippine government for passing the Occupational Safety and
Health Standards Act or the Republic Act (RA) 11058. Once
implemented, this significant legislation will help curb the
increasing cases of diseases and injuries in the work
environment that confront the country.
• With the RA 11058, employers are now required to comply with
occupational safety and health standards including informing
workers on all types of hazards in the workplace and having
the right to refuse unsafe work, as well as providing facilities
and personal protective equipment for the workers, among
others.
• According to the Philippine Statistics Authority, the total
cases of occupational diseases in workplaces reached
over 125,000 in 2015. Back pain is the most common
type of occupational disease, making up 32.8% of the
reported cases. This is followed by essential hypertension
(11.5%) and neck and shoulder pain (11.4%). Meanwhile,
the most risky industry for workers was found to be in
administrative and support service activities (34.3%) and
manufacturing industry (31.1%), jointly comprising almost
two thirds of the total cases of occupational diseases in
2015.
• With this law, the Philippines comes closer to achieving the
Sustainable Development Goal 8.8 to protect the labour
rights and promote safe and secure working environments for
all workers. It also boosts the implementation of the WHO-
supported Occupational Health and Safety Sector Plan under
the National Environmental Health Action Plan (2017-2022).
• WHO commends the efforts of all stakeholders who
supported the passage of this law to protect the health of
workers in the Philippines.
Employee Rights
Empoyee rights are the powers and privileges derived
from the law and tradition within the context of the
employment relationship.
Rights
Employees have some basic rights as citizens, but those
rights are further influenced by human resource policies and
rules an employer establishes. However, there are now a
multitude of laws and employee rights that affect employer-
employee relationships.
Responsibilities
The reciprocal nature of rights and responsibilities suggests
that each party in an employment relationship should ideally
regard the other as having rights and should treat others’
rights with respect.
Work Environment
Human resource professionals must help create a work
environment that honors fairness, protects individual
privacy, treats all workers with dignity and respect, while at
the same time allowing the business to succeed.
Employee Rights
powers and privileges within the employment relationship.

Employer Management
-planning, organizing, leading, and controlling.
Let’s first explore employee
rights as the powers and
privileges within the
employment relationship.
There are 6 concepts related to employee right:
Contractual Rights
Employment at Will
Just Cause
Due Process
Organizational Justice
Dispute Resolution
Contractual Rights
• An employee’s contractual rights are based on a specific
contract with an employer.

Employment Contracts
• Traditionallly, executives and their senior managers have
negotiated individual employment contracts, but they are
now becoming more common for highly specialized
professional and technical employees who have scarce
skills.
Contract Element

Address particulars of the employment realtionships.


including:
• Base pay and incentive compensation
• Basic and supplementary benefits
• Key job functions and performances criteria
• Contract term
• Term and conditions for termination
Employment at will
• Common-law doctrine stating that employers have the
rights to hire, fire, demote, or promote whomever they
choose.
Exceptions
Certain exceptions to employment at will
• Public policy exception: employees can use if fired for a
reason that videos pubilc policy
• Implied contract exception: something may imply
continuing employment
• Good-faith and fair-dealing exception: a covenant of
reasonable behavior.
Wrongful Discharge
• Employers that run afoul employment at will restrictions
may be guilty of wrongful discharge, which involves the
termination of an individual’s employment for reasons that
are illegal or improper.
Constructive Discharge
• The process of deliberately making conditions intolerable
to get an employee to quit. Under normal circumstances,
an employee who resigns rather than being dismissed
cannot later collect damages for violation of legal rights.
Just Cause
• Just cause is reasonable justification for taking
employment-related action.
Fairness
• Even though definitions of just cause vary, the overall
concerns is fairness. To be viewed by others as just, any
disciplinary action must be based on facts in the individual
case.
Due Process
• Due process protects employees from unjust or arbitrary
discipline or termination.
Side of the story:
• Due process typically involves thoroughly investigating all
employment actions and giving individuals an opportunity
to express their concerns to objectives reviewers of the
facts in the situation.
Perceptions:
• Employees’ perceptions of fairness and justice in the
workplace influence their attitudes and behaviors.
Justice in the workplace
• Procedural justice: the perceived fairness of the process
used to make decisions
• Distributive justice: the perceived fairness in the
distribution of outcomes
• Interpersonal justice: extent a person affected by a
decision feels treated with respect.
Alternative Dispute Resolution:
• Alternative Dispute Resolution (ADR) is the procedure for
settling disputes without litigation.

-Arbitration
-Peer Review
-Ombudsman
-Mediation
Arbitration
-is the process that uses a neutral third party to make a
binding decision, thereby eliminating the need to involve the
court.
Peer Review Panels
-use fellow employees and perhaps a few managers to
resolve employment disputes.
Ombudsman
-Some organizations process fairness through ombudsman-
individuals outside the normal chain of command who act a
independent and employees.
Mediation
-Mediation is a tool for developing appropriate and fair
outcomes for all parties involved. Mediators may use either
facilitative or evaluative approach to dispute resolution.
Rights Management
Balancing both employers’ and employees’ rights is a
growing human resource management concern because
of increased litigation and an expanding global workforce.
Workplace Investigations:
• A workplace investigation is designed to find facts and
determine what happened or what is happening in a
situation.
Human Resource Policy:
• Human resource policies state the intent of the organization
and represent specific guidelines on various matter concerning
employment.
Purpose of Policy
Human resource policy serves a variety of purposes,
human resource policies provide:
1. A basis for treating employees fairly
2. Clear communications regarding employment
3. A set of guidelines
Discipline
• Discipline is a process of corrective action used to
enforce organizational rules.

Progressive Discipline
• Progressive discipline incorporates steps that become
progressively more severe and are designed to change
employee’s inappropriate behavior.
THANK YOU!!!

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