HBO Workplace Incidents X.pptx

HUMAN BEHAVIOR IN ORGANIZATION
(HBO) INCIDENTS IN THE WORKPLACE
PRESENTED BY : ENGEL MAGADDON, MPA 1

WORKPLACE INCIDENT
WORKPLACE INCIDENT
- An event or occurrence that happened in the workplace unexpectedly that may or
may not have caused damage or injury but has the potential to do so. An accident, on
the other hand, is an incident that has resulted in actual harm or injury. (James
Reason , Managing the Risks of Organizational Accidents)
COMMON WORKPLACE INCIDENTS
1) DISCRIMINATION
2) HARASSMENT
3) VIOLENCE
4) THEFT, FRAUD AND CORRUPTION
5) VIOLATION OF PRIVACY RIGHTS

DISCRIMINATION
Discrimination, as defined in Philippine Law, is the unjust
or prejudicial treatment of individuals or groups based on
certain personal characteristics, such as age, sex, gender,
sexual orientation, race, ethnicity, religion, disability, or
other factors. It is a violation of an individual's human
rights and can result in various forms of harm, including
denial of opportunities, unequal treatment, and
stigmatization.

LAWS ADRESSING DISCRIMINATION IN THE WORKPLACE
• Philippine Constitution - The Constitution guarantees equal protection of the law and prohibits
discrimination on various grounds, including race, gender, religion, and ethnicity. Article III, Section 1
provides that "No person shall be deprived of life, liberty, or property without due process of law, nor
shall any person be denied the equal protection of the laws.“
• Safe Spaces Act (Republic Act No. 11313) - This law defines and penalizes gender-based harassment,
which includes acts that cause "alarm, distress, or harm" to a person's physical or psychological well-
being, including sexual harassment, gender-based online harassment, and other forms of gender-based
violence. Section 6 provides that "It shall be unlawful to discriminate against any person because of his
or her gender, sexual orientation, or gender identity."
• Magna Carta of Women (Republic Act No. 9710) - This law upholds gender equality and women's
empowerment in various aspects, including employment, education, and political participation. Section
5 provides that "All forms of discrimination against women... are prohibited and shall be eliminated.“

• Labor Code of the Philippines (Presidential Decree No. 442) - This law prohibits discrimination in
employment on the basis of age, sex, gender, marital status, pregnancy, disability, religion, and political
affiliation. Section 3 provides that "There shall be no discrimination in employment... against any
person on the basis of age, sex, gender, marital status, pregnancy, disability, religion, or political
affiliation.“
• Magna Carta for Persons with Disabilities (Republic Act No. 7277) - This law protects the rights of
persons with disabilities and prohibits discrimination in employment, education, and other areas.
Section 5 provides that "No person with disability shall be denied access to opportunities for suitable
employment.“
• HIV and AIDS Policy Act (Republic Act No. 11166) - This law provides for a comprehensive policy
framework on HIV and AIDS, including the prohibition of discrimination against persons living with
HIV. Section 30 provides that "No person shall be denied or deprived of education, employment, or
any other basic right or privilege... solely on the basis of actual, perceived, or suspected HIV status."

• Indigenous Peoples Rights Act (Republic Act No. 8371) - recognizes and protects the rights of
indigenous peoples in the Philippines, including their right to equal treatment and non-discrimination.
Section 7 provides that "The State shall ensure that the indigenous peoples shall be free from any form
of discrimination.“
• Expanded Breastfeeding Promotion Act (Republic Act No. 10028) - promotes and supports
breastfeeding in the workplace and prohibits discrimination against breastfeeding mothers. Section 11
provides that "No employer shall discriminate against any employee who chooses to breastfeed her
child.“
• Republic Act No. 10911 or the Anti-Age Discrimination in Employment Act - this law prohibits
employment discrimination on the basis of age. Section 4 of the law states that "it is hereby declared
the policy of the State to promote employment of individuals on the basis of their abilities, knowledge,
skills and qualifications rather than their age."

• Batas Pambansa Bilang 344 or the Accessibility Law - This law mandates all government offices and
private establishments to make their facilities accessible to PWDs. This includes the provision of
ramps, elevators, and other assistive devices.
• Solo Parents' Welfare Act of 2000 (Republic Act No. 8972) - provides benefits and privileges to solo
parents, who are defined as individuals who are raising a child on their own. Section 3 provides that
"No solo parent shall be subjected to any discriminatory treatment.“
• Mental Health Act (Republic Act No. 11036) - promotes and protects the mental health of individuals,
including the prohibition of discrimination against persons with mental health conditions. Section 19
provides that "No person shall be discriminated against on the basis of mental health status.“

DISCRIMINATION IN THE WORKPLACE
Scenario 1: Karen is a lesbian employee who works at a small office. Her coworkers and even her boss often
make derogatory comments about her sexual orientation, and they refuse to include her in social gatherings
outside of work. However, when she complains to the management, she is told that she needs to "be more of a
team player" and that her sexuality is a "personal issue".
One of the laws that relevant in this scenario is Republic Act No. 11313 or the "Safe Spaces Act", which
prohibits gender-based harassment in public and private spaces. This law defines gender-based harassment as any
act that "intentionally makes a person feel unsafe, uncomfortable or demeaned because of that person's sex,
gender identity or sexual orientation." In this case, Karen's coworkers and boss are making derogatory comments
about her sexual orientation, which is considered gender-based harassment.
This is also related to the Republic Act No. 9710 or the "Magna Carta of Women", which prohibits
discrimination against women, including discrimination based on sexual orientation and gender identity. The law
recognizes that discrimination on the basis of sexual orientation and gender identity is a form of discrimination
against women.

Scenario 1: Karen is a lesbian employee who works at a small office. Her coworkers and even her boss often
make derogatory comments about her sexual orientation, and they refuse to include her in social gatherings
outside of work. However, when she complains to the management, she is told that she needs to "be more of a
team player" and that her sexuality is a "personal issue".
Furthermore, the Labor Code of the Philippines also provides protection against discrimination in the workplace.
Specifically, Article 135 prohibits employers from discriminating against any employee with respect to terms and
conditions of employment on account of sex, gender identity, sexual orientation, marital status, or pregnancy.
Karen's employer and her coworkers could be held liable for violating these laws by creating a hostile work
environment based on her sexual orientation and she could seek redress for the discrimination she has
experienced.

Scenario 2: John is an employee who recently got into a car accident and is now working with a cane or
wheelchair. Despite his strong work ethic and commitment, he is now given menial tasks and denied of
promotion because his employer believes that he is no longer capable of handling more demanding work. When
John requests reasonable accommodations to help him perform his job duties, his employer disregards his
requests and accuses him of "asking for too much" and "being a burden to the team".
As stated in the Section 5 of the Magna Carta for Disabled Persons (RA 7277), reasonable accommodations
include modifications to the workplace, work schedule, or equipment, among other things, to enable disabled
employees to perform their job functions.
Furthermore, Section 4 of the RA 10524, An Act Expanding the Positions Reserved for Persons with Disability
prohibits discrimination against individuals with disabilities in terms of their compensation, terms, conditions, or
privileges of employment. By giving John menial tasks and denying him a promotion because of his disability, his
employer is violating this law.
John has the right to file a complaint with the Department of Labor and Employment (DOLE) or the Philippine
Commission on Human Rights for the discrimination he has experienced.

HARASSMENT
Article 282 of the Revised Penal Code of the Philippines defines
harassment as "any legally prohibited act of repeatedly
communicating or attempting to communicate with another
person or persons, by any means, directly or indirectly, without
any legitimate purpose, causing annoyance, inconvenience, or
needless anxiety or alarm to that person or persons.”
Harassment can take many forms, including physical, verbal, or
sexual harassment.
Harassment is a form of discrimination, but its circumstances are
unique that there is a need for specific policies and procedures to
be set in place.

LAWS ADRESSING HARASSMENT IN THE WORKPLACE
• The Anti-Sexual Harassment Act (RA No. 7877) - Prohibits any form or kind of sexual harassment in
the workplace. Section 3, which states: "Work, education or training-related sexual harassment is
committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor,
professor, coach, trainer, or any other person who, having authority, influence or moral ascendancy
over another in a work or training or education environment, demands, requests or otherwise requires
any sexual favor from the other, regardless of whether the demand, request or requirement for
submission is accepted by the object of said Act.“
• Article 282 of the Revised Penal Code – Prohibits harassment and unjust vexation. Harassment is
defined as any act intended to cause mental distress or suffering to another person, while unjust
vexation refers to any act that causes annoyance, irritation, or disturbance to another person without a
valid cause.
• Cybercrime Prevention Act of 2012 (RA 10175) - cyberstalking is a form of harassment defined in
Section 4(c)(3), as "the use of the Internet or any other form of electronic communication to harass,
harm, or threaten another person,"

HARASSMENT IN THE WORKPLACE
Scenario 1: Rose has just been hired at a new start-up company. On the first day of work, her supervisor brushes
his hand against her breasts as he is helping her log into her computer. Rose feels uncomfortable but writes it off
as an accident on her supervisors part. Over the course of her first two weeks of employment, her supervisor
manages to “accidentally” brush against her breasts several more times. Rose is now certain that the behavior is
on purpose, even when her supervisor was stating that he was only helping her or assisting her in clarification on
her work.
Under Section 3 of Anti-Sexual Harassment Act of 1995 (RA 7877), sexual harassment is defined as an act or a
series of acts involving any unwelcome sexual advance, request or demand for a sexual favor, or other verbal or
physical behavior that has the purpose or effect of unreasonably interfering with an individual's work
performance or creating an intimidating, hostile, or offensive working environment. In the scenario, Rose’s
supervisor's repeated actions of brushing his hand against her breasts constitute unwanted and unwelcome
physical advances that create an uncomfortable and hostile work environment for her.
Sexual is harassment under RA 7877 is “malum prohibitum”; Intent, therefore, need not be proven. Even if the
supervisor claims that the touching was accidental, it is still a violation of the law.
“GOOD FAITH IS NOT A DEFENSE”

HARASSMENT IN THE WORKPLACE
Scenario 2: Jamar has just been hired to his first job as an officer in the Supply Unit. He is given the task of
checking the inventory when it arrives each week. The truck driver that brings in the supplies starts wearing a t-
shirt with a threatening racial slur each time he delivers. Jamar tells his manager about the shirts, but nothing is
done about the situation. Jamar begins calling in sick on inventory day to avoid contact with the truck driver.,
Section 3 of the RA 7877 also defines harassment as "an act or series of acts that annoys, threatens, intimidates,
alarms, or puts a person in fear of their safety." This includes acts that are based on the person's race, ethnicity, or
other personal characteristics.
The truck driver's wearing of a t-shirt with a racial slur constitutes harassment towards Jamar. In order to avoid
contact with the truck driver, he calls in sick, which indicates that the behavior had the effect of interfering with
his work performance and creating a hostile work environment.
Also under Section 4 of the RA 7877, the employer has a responsibility to provide a safe and harassment-free
work environment for its employees. Thus, the employer's failure to take action after Jamar reported the incident
is also considered a violation of the law.
Therefore, both the truck driver and the employer are liable for violating the RA 7877 and other possible legal
acts.

WORKPLACE VIOLENCE
In the context of the Occupational Safety and Health Standards
(OSHS), VIOLENCE in the workplace is defined as any act or threat
of physical violence, harassment, intimidation, or other threatening or
disruptive behavior that occurs at the work site. This includes
behavior that causes physical or emotional harm, damage to property,
or otherwise creates a hostile or intimidating work environment.

VIOLENCE THAT OCCUR IN THE WORKPLACE
1. Criminal Intent - the perpetrator doesn't have a relationship with the targeted business or its employees. This can be
a robbery or shoplifting incident that turns violent and leads to assault. Terrorism acts would also apply to this type
of workplace violence.
2. Client to Worker - the perpetrator (client) has a legitimate relationship with the business that becomes violent while
being served by the victim (worker) resulting in an assault.
3. Worker-to-Worker (Lateral Violence) - In this type of workplace violence, the perpetrator has an employment
relationship with the affected institution. It can be an assault such as a threat of physical violence by an employee
(current or former) to another co-worker, supervisor or manager. The motive is usually work-related or
interpersonal conflicts among employees.
4. Domestic Violence (Personal Relationships) - In domestic violence incidents, the perpetrator has a personal
relationship with the employee but usually is not employed at that workplace. These usually involve a romantic or
domestic dispute that leads to an assault or threat and takes place inside the victim's workplace.
5. Retaliation - refers to any adverse action taken by an employer against an employee who has filed a complaint or
participated in an investigation regarding an unlawful employment practice. This includes actions such as
termination, demotion, suspension, or other forms of discrimination or harassment.

LAWS ADRESSING VIOLENCE IN THE WORKPLACE
• An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing
Penalties for Violations Thereof (Republic Act No. 11058) - includes provisions related to workplace
violence. Section 7 of the law specifically addresses workplace violence and provides that "All workers
shall have the right to a safe and healthful working environment free from violence.", While Section 8
mandates that employers "shall adopt measures to prevent and address workplace violence, including,
but not limited to, the establishment of policies and programs addressing workplace violence, the
conduct of risk assessments, and the provision of appropriate training and education for workers."
• Occupational Safety and Health Standards (OSHS) - The OSHS, specifically Rule 1960, provides
guidelines for preventing violence in the workplace. This includes requiring employers to conduct a
workplace violence risk assessment, develop and implement a workplace violence prevention program,
and provide training to employees on how to recognize and respond to workplace violence.
• Revised Penal Code - The Revised Penal Code includes provisions that prohibit physical assault,
murder, and other violent acts. For example, Article 265 of the Code prohibits physical assault, while
Article 248 prohibits murder.

LAWS ADRESSING VIOLENCE IN THE WORKPLACE
• Anti-Violence Against Women and Their Children Act of 2004 (Republic Act No. 9262) - This law
specifically addresses violence against women and children, including in the workplace. Section 3 of
the law defines violence against women and their children as "any act or a series of acts committed by
any person against a woman who is his wife, former wife, or against a woman with whom the person
has or had a sexual or dating relationship." Section 8 of the law provides for the protection orders that
can be issued to victims of violence.
• Barangay Protection Order (BPO) - The Barangay Protection Order is a legal remedy that can be
obtained from the barangay (local government unit) for victims of violence, including those in the
workplace. Under the law, a barangay official may issue a BPO, which provides for a range of
protective measures, such as prohibiting the respondent from going near the victim or their workplace.
• Labor Code - The Labor Code provides for the basic rights and protections of workers, including
protection from violence in the workplace. Section 15 of the Code requires employers to provide a safe
and healthful working environment for their employees, while Section 16 prohibits employers from
engaging in unfair labor practices, which includes violence or threats of violence against employees.

VIOLENCE IN THE WORKPLACE
Scenario : Employee A was eating at the company cafeteria, when his co worker, Employee B, suddenly rushed
towards him and hit him on the face. A fight then ensued causing injuries and damage to the company property.
Their Supervisor who was unaware of any previous altercations between his employees leading to the incident,
pleads for them to stop , but the fight still continued until security arrived to separate the two.
The act of Employee B rushing towards Employee A and hitting him on the face constitutes physical violence,
which is prohibited under Section 9 of Republic Act No. 11058 or the "Occupational Safety and Health
Standards Law." Moreover, the ensuing fight that caused injuries and damage to company property constitutes
acts of misconduct and insubordination, which are grounds for disciplinary action under the Labor Code of the
Philippines.
Moreover, under the Revised Penal Code, physical injury resulting from the fight is considered a crime.
Specifically, Article 265 states that a person who inflicts physical harm on another shall be liable for physical
injuries, and Article 266-A defines the crime of slight physical injuries. In this scenario, both Employee A and
Employee B may be charged with these crimes.

pleads for them to stop , but the fight still continued until security arrived to separate the two.
• Can Employee A invoke self-defense as a defense to exempt himself of the charges of workplace
violence, damages and criminal liability?
Article 11 of the Revised Penal Code of the Philippines provides that "any person who acts in defense of his
person or rights, provided that the following circumstances concur: unlawful aggression, reasonable necessity of
the means employed to prevent or repel it, and lack of sufficient provocation on the part of the person defending
himself" shall be exempt from criminal liability.
Whether self-defense applies in this scenario would depend on the specific facts and circumstances of the
incident. The management or court would need to investigate and determine whether Employee A's use of force
was reasonable and necessary under the circumstances, and whether there was lack of sufficient provocation on
his part.

pleads for them to stop, but the fight still continued until security arrived to separate the two.
• Is the Supervisor liable for the actions of his employees?
Section 29 (d) of the Occupational Safety and Health Standards of the Philippines (DOLE Department Order
No. 198-18), states that "The employer shall take steps to prevent workplace violence and harassment, and adopt
policies and programs to eliminate or minimize the occurrence of such in the workplace.“
In this scenario, it is possible that the supervisor may still be held liable for failing to prevent workplace violence,
even if he was not aware of any previous altercations between the two employees. The supervisor has a duty to
monitor and address any conflicts or tensions among employees, and take steps to prevent them from escalating
to violent incidents.

THEFT, FRAUD & CORRUPTION
Incidence of fraud, theft, corruption and other economic
crimes in the Philippines remains high, tallying to 42% of
transaction incidents, according to the 2020 Global
Economic Crime and Fraud Survey (GECS).
Theft, fraud, and corruption involves the misuse or abuse
of power by officials or employees for personal gain. These
acts may include bribery, embezzlement, nepotism,
kickbacks, and other forms of dishonesty that undermine
the integrity of public institutions and harm the interests of
the people they are meant to serve. Such actions not only
violate the law, but also erode public trust and confidence,
and can lead to economic and social instability.

THEFT, FRAUD AND CORRUPTION IN THE WORKPLACE
Scenario 1 : Employee A is taking office supplies, such as pens and paper, for personal use.
- This violates Republic Act No. 10863 or the Customs Modernization and Tariff Act, which prohibits the theft
of government property. Section 2503 of the same act states that "any person who shall steal or fraudulently take,
or carry away any property belonging to the government of the Philippines shall be punished”.
Scenario 2 : Employee B submitted false expense reports on his TEV and Per Diems, claiming reimbursements
for expenses that were never incurred.
- This constitutes fraud, which is punishable under Republic Act No. 10951 or the Anti-Fraud and Anti-Red Tape
Act of 2018. Section 4 of the said act states that "any person who shall knowingly make any false statement,
representation, or certification in any document" shall be liable.
Scenario 3 : Employee C and Employee D, a member of the BAC and TWG respectively, receives bribes from a
supplier in exchange for awarding a contract to their company.
- This is an act of corruption, which is punishable under Republic Act No. 3019 or the Anti-Graft and Corrupt
Practices Act. particularly Section 3(b) which prohibits any public official from receiving gifts, benefits or other
favors in connection with any government contract or transaction.

Scenario 4 : A government employee falsifies receipts and pocket the cash intended for a project, causing a delay
in the completion of the said project.
- This constitutes fraud and theft, which are punishable under Article 315 of the Revised Penal Code, particularly
the provisions on ESTAFA and qualified theft.
Scenario 5 : An elected official diverts funds from a government project for personal gain.
- This constitutes theft and corruption and a violation of Republic Act No. 7080 or the Anti-Plunder Law, which
penalizes any public official who amasses, accumulates, or acquires ill-gotten wealth through a combination or
series of overt criminal acts.
Scenario 6 : A finance officer steals from an employee or customer’s account by manipulating the accounting
computer system.
- This is a violation of the Anti-Computer Fraud and Cybercrime Act (Republic Act No. 10175), particularly
Section 4(a)(1) which penalizes the intentional access to a computer system without right or authority with the
intent of committing a crime or offense.

Scenario 7 : A government official awards a contract to a company owned by their relative, even if there are
other more qualified bidders
- This constitutes nepotism, which is a form of corruption that is prohibited under Republic Act No. 6713 or the
Code of Conduct and Ethical Standards for Public Officials and Employees.
Scenario 8 : A government employee falsifies documents to overstate his or her qualifications and experience in
order to obtain a higher position or salary..
- This is a violation of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019), particularly Section
3(e) which prohibits any public official from causing undue injury to any party, including the government,
through gross negligence or manifest partiality, evident bad faith or gross inexcusable negligence.
Scenario 9 : An employee of a government agency solicits and accepts gifts from clients in exchange for
processing their applications more quickly.
- This is a violation of the Code of Conduct and Ethical Standards for Public Officials and Employees (Republic
Act No. 6713), particularly Section 7 which prohibits public officials and employees from soliciting or accepting
gifts, directly or indirectly, from any person in connection with their official duties.

PRIVACY RIGHTS
In recent years, with the increasing use of technology in the workplace, there
has been a growing concern over violations of privacy rights of employees.
Employers have access to a vast amount of personal information, from
emails to social media accounts, and have the ability to monitor employees'
activities both on and off the job.
Privacy rights in the workplace refer to an individual's right to privacy and
protection of their personal information while in the work setting. Violations
of these rights can occur through various means, such as unauthorized access
to an employee's personal files, monitoring of an employee's online activities,
and sharing of personal information without the employee's consent
While some level of monitoring may be necessary for security and
productivity reasons, laws are put in place to distinguish the fine line between
what is necessary and what constitutes a violation of an employee's privacy
rights.

LAWS ADRESSING PRIVACY RIGHTS IN THE WORKPLACE
• Data Privacy Act of 2012 (Republic Act No. 10173) - This law protects the fundamental human right
of privacy in information and communication systems, including data privacy in the workplace. It sets
guidelines for the collection, processing, and storage of personal information of employees and
imposes penalties for violations. Section 20 of the law provides the rights of data subjects, which
include the right to be informed, the right to access, the right to object, the right to erasure or blocking,
the right to damages, and the right to data portability. Section 12 of the law states: "The processing of
sensitive personal information shall be prohibited, except in cases allowed by law and with the written
consent of the data subject.“
• Video Surveillance Act of 2012 (Republic Act No. 10173) - This law provides guidelines for the use of
video surveillance in the workplace. Section 12 of the law requires employers to inform their
employees of the presence of video surveillance systems and the specific areas under surveillance..

LAWS ADRESSING PRIVACY RIGHTS IN THE WORKPLACE
• Anti-Wiretapping Law (RA 4200) - This law prohibits the interception of wire, oral, or electronic
communications without the consent of the parties involved. This means that employers cannot
monitor or record their employees' conversations without their knowledge and consent.
• Labor Code of the Philippines - The Labor Code provides for the protection of employees' privacy in
the workplace. Article 280 of the code states that "the employment of a person shall be deemed to be
regular where the employee has been engaged to perform activities which are usually necessary or
desirable in the usual business or trade of the employer, except where the employment has been fixed
for a specific project or undertaking." This means that an employer cannot use an employee's personal
information or activities outside of work to discriminate against or terminate the employee.
• Civil Code of the Philippines (Republic Act No. 386) - The Civil Code protects the privacy of
individuals and provides for damages in case of its violation. Article 26 of the Civil Code states that
every person shall respect the dignity, personality, privacy, and peace of mind of his neighbors and
other persons, and violation of this right is actionable.

PRIVACY RIGHTS INCIDENTS IN THE WORKPLACE
Scenario 1 : A company requires all employees to install monitoring software on their personal devices that they
use for work purposes. The software tracks and logs all activity on the device, including personal messages and
calls. An employee feels uneasy and uninstalls the software from his personal device. The company found out and
terminated his employment immediately.
This violates the Data Privacy Act of 2012 - Republic Act No. 10173. Under Section 2, it is the policy of the
State to protect the fundamental human right of privacy, of communication while ensuring the free flow of
information to promote innovation and growth. Installing monitoring software on an employee's personal device
that tracks and logs all activity, infringes on the employee's right to privacy. Furthermore, the company's decision
to terminate the employee's employment due to their refusal to install the software on their personal device is a
form of retaliation. This violates Section 26 of the same act, which states that no person shall be discriminated
against on the basis of their exercise of any right provided under the law.

Scenario 1 : A company requires all employees to install monitoring software on their personal devices that they
use for work purposes. The software tracks and logs all activity on the device, including personal messages and
calls. An employee feels uneasy and uninstalls the software from his personal device. The company found out and
terminated his employment immediately.
Article 279 of the Labor Code of the Philippines states that an employee may only be terminated for just cause
or authorized causes as prescribed by law and after due process has been observed. Therefore, the company may
be held liable for violating the employee's right to privacy, retaliation, and security of tenure by terminating
his/her employment.
Additionally, the Anti-Wire Tapping Act (Republic Act No. 4200) may also be violated. This law prohibits any
person, not being authorized by all the parties to any private communication, from tapping any wire or cable, or
using any other device or arrangement, to secretly overhear, intercept, or record such communication. The
monitoring software installed by the company may be considered as such a device or arrangement. Therefore, the
company's action in requiring the installation of the monitoring software without the employee's consent may
also constitute a violation of the Anti-Wire Tapping Act.

Scenario 2 : An employer searches through an employee's personal emails, without their consent or knowledge,
to find evidence of wrongdoing or misconduct that he heard from rumors and gossip. When the employer was
caught by the employee, he justified his action to be in the best interest of the organization and shrugged off the
employee’s complaint.
The employer in this scenario violated the employee's right to privacy as provided by the Data Privacy Act of
2012. Section 2 of the Act states that it is the policy of the State to protect the fundamental human right of
privacy, of communication while ensuring free flow of information to promote innovation and growth. The Act
covers the processing of all types of personal information, including those that are processed electronically.
Under Section 3 of the Act, personal information refers to any information that identifies an individual, including
but not limited to email communication. In this case, the employer accessed the employee's personal email
without their consent, which is a violation of their privacy rights. Moreover, under Section 12 of the Act, the data
subject has the right to be informed whether personal information pertaining to them shall be, are being, or have
been processed. This means that the employee should have been informed and given their consent before their
personal emails were accessed. The employer's justification that it was in the best interest of the organization
does not absolve them from their violation of the employee's privacy rights

MANAGING WORKPLACE INCIDENTS
Effective management of workplace incidents is crucial in ensuring the safety and well-being of employees.
Workplace incidents can range from accidents and injuries to harassment and discrimination, and it is the
responsibility of employers to have measures in place to prevent and respond to such incidents. Laws and
regulations provide guidelines for managing workplace incidents, including the Occupational Safety and Health
Standards, the Anti-Sexual Harassment Act, and the Labor Code to name a few. These laws mandate that
employers provide a safe and healthy work environment for their employees, establish a system for reporting and
investigating incidents, and provide support and assistance to affected employees.
For Government Offices, The Civil Service Commission (CSC) has issued guidelines on the creation and operation
of Committee on Decorum and Investigation (CODI) for government agencies and offices. Under CSC
Resolution No. 1701168, CODI is tasked to investigate and hear administrative cases involving government
employees and recommend appropriate sanctions or penalties and CSC Resolution No. 010490 mandates the
creation of CODI in every agency. However, this only applies to government agencies and offices and does not
have jurisdiction over private companies.

HBO Workplace Incidents X.pptx

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