Governance and Business Ethices
Governance and Business Ethices
Governance and Business Ethices
Introduction
Introduction
A business must also perform other duties such as distributing fair wages,
providing good working conditions, not exploiting the workers,
encouraging competition, etc.
There are many definitions of business ethics, but the ones given by
Andrew Crane and Raymond C. Baumhart are considered the most
appropriate ones.
The business condition of the business and the product conditions that are
being produced affects society so that people can discuss the nature of
business ethics.
Characteristics:
Ethical theories
1. Utilitarian
2. Deontological
3. Virtue Theory
The third objection is that it is not always possible to predict the outcome
of an action. Bowen points out that “consequences are too unpredictable
to be an accurate measure of the ethics of a situations.” In other words,
consequences of actions can be highly volatile or impossible, even, to
predict. Using outcomes as a measurement of ethics will not, therefore,
provide an accurate way for professionals to measure whether decisions
are ethical. Professionals must be able to evaluate decisions and choices
with concrete ethical guidelines instead of hoping that certain outcomes
will result in them having made an ethical choice. Many scholars in public
relations identify these issues, as well as others, as evidence that
utilitarianism, sometimes called consequentialism due the concept
relying on the consequence of a decision, is not as strong of a fit for public
relations professional ethics.
2. Deontological:
2. Unethical Leadership:
Having a personal issue with your boss or manager is a certain thing, yet
reporting to a person who is acting dishonestly is another. This may come
in a clear form, such as manipulating numbers in a report or sending
company money on improper activities; nonetheless, it can also happen
more subtly, through bullying, accepting inadequate gifts from suppliers,
or requesting that you avoid a standard system just once. With studies
demonstrating that managers are responsible for 60 percent of workplace
wrongdoing, the abuse of leadership authority is a disastrous reality.
3. Lying to Employees:
The quickest way to lose the trust of your employees is to lie to them, but
managers do it constantly. One out of every five workers report that their
supervisor or manager has lied to them within the previous year.
6. Pressure to Succeed:
Ethical abuses:
• Creative accounting
• Earnings management
• Misleading financial analysis
• Insider trading
• Securities fraud
• Bribery/kickbacks
• Facilitation payments
Work ethics:
Work ethic is a value based on hard work and diligence. It is also a belief
in the moral benefit of work and its ability to enhance character.
Workers exhibiting a good work ethic in theory would be selected for
better positions, more responsibility and ultimately promotion. Workers
who fail to exhibit a good work ethic may be regarded as failing to
provide fair value for the wage the employer is paying them and should
not be promoted or placed in positions of greater responsibility.
Dedication - Those with a good work ethic are dedicated to their jobs
and will do anything they can to ensure that they perform well. Often this
dedication leads them to change jobs less frequently, as they become
committed to the positions in which they work and are not eager to
abandon these posts. They also often put in extra hours beyond what is
expected, making it easy for their employers to see that they are workers
who go beyond the rest of the workforce and truly dedicate themselves
to their positions.
Character - Those with a good work ethic often also possess generally
strong character. This means they are self-disciplined, pushing
themselves to complete work tasks instead of requiring others to
intervene. They are also often very honest and trustworthy, as they view
these traits as befitting the high-quality employees they seek to become.
To demonstrate their strong character, these workers embody these
positive traits daily, likely distinguishing themselves from the rest
Code of conduct:
(c) Accurate and timely disclosure in reports and documents that the
company files before Government agencies, as well as in Company's
other communications.
Although the exact details of this code are a matter of discretion, the
following principles have been found to occur in most of the companies:
Public good-
2. Investor Loyalty
3. Customer satisfaction
4. Regulators
Business should act ethically not only to benefit itself and its reputation
but also all the key stakeholders. Regulators eye companies functioning
ethically as responsible citizens. The regulator need not always monitor
the functioning of the ethically sound company. The company earns
profits and reputational gains if it acts within the confines of business
ethics.
Key takeaways-
UNIT 2
Management of Ethics
Management of Ethics
The Foreign Corrupt Practices Act (FCPA) restricts the United States
business firms from engaging in bribery and other illegal practices
internationally. There are laws that have the same type of prohibition for
European companies which create a disadvantage competitively for both
European and U.S. firms. Such laws are not a restricting element to
organizations that have highly elevated ethical behavior as part of
their values.Organizations that lack ethical practices as a mandatory
basis of their business structure and corporate culture, have commonly
been found to fail due to the absence of business ethics. Corporate
downfalls would include, but are not limited to, the recent Enron and
WorldCom scandals, are two primary examples of unethical business
practices concerning questionable accounting transactions.
The view is that a manager should always act in accordance with either a
single principle of behavior or a single statement of belief that is "right"
and "proper" and "just" in and by itself. This is "moral reasoning":
logically working from a first principle through to a decision on the duties
we owe to others.
Never do anything that is not honest, open, and truthful and that you would
never be glad to see reported in the newspapers or on TV
Never take any action that is not kind and that does not build a sense of
community.
4) Principle of Government Requirements
Never take any action that violates the law, for the law represents the
minimal moral standard
Never take any action that does not result in greater good for society
Never take any action that harms the least among us: the poor, the
uneducated, the unemployed
Ethical dilemma:
2) Value theory approach: Choose the alternative that offers the greater
good or the lesser evil.
1) Human dignity, human rights and justice, which refers to the duty to
promote universal respect for the human person. In the context of
fisheries, this principle relates, for example, to fishers' self-
determination, access to fishing resources and the right to food. It is best
represented by a rights-based approach in ethics that emphasizes the
protection of the personal domain of each individual. It may require,
however, the establishment of individual or community rights, the exact
nature of which will depend on local conditions
• Make sure those who report to you have read and understand the
Code.
• Exercise appropriate supervision and oversight to ensure compliance
with the Code within your area of responsibility.
• Anticipate, prevent and detect compliance risks.
• Promptly report and address any compliance violations or
weaknesses, including taking appropriate disciplinary action.
• Enforce the Code and related policies and procedures consistently.
• Support your employees who, in good faith, raise issues or concerns.
• Ensure that none of your employees are retaliated against for making
good faith reports.
• Managers hold positions of authority that make them accountable for
the ethical conduct of those who report to them.
• Managers monitor the behavior of employees in accordance with the
organization’s expectations of appropriate behavior, and they have a
duty to respond quickly and appropriately to minimize the impact of
suspected ethical violations.
• Managers may also be subject to a particular code of professional
ethics, depending on their position and training. Fiduciary duty is an
example that applies to some managerial roles.
Compliance-based codes of ethics not only set guidelines for conduct but
also determine penalties for violations.
Competitiveness
Risk basically refers to the variations in the outcomes that could occur
over a specified period in a given situation. If only one outcome is
possible, the variation and hence the risk is zero. If many outcomes are
possible, the risk is not zero. The greater the variation, the greater the
risk. Risk may also be defined as the possibility that an event will occur
and adversely affect the achievement of the Company's objectives and
goals. A business risk is the threat that an event or action will adversely
affect an organization‘s ability to achieve its business objectives/targets.
2) Services risks
3) Market structure
→ Business dynamics
1) Risks to Property
3) Changes in Technology/upgradation
4) R&D risks
2) Quantities, quality, suppliers, lead time, interest rates risks and forex
risks namely, fluctuation risks and interest rate risk in respect of foreign
exchange transactions.
(d) Political Risks:
1) Elections
2) War risks
3) Country/Area risks
4) Insurance risks like fire, strikes, riots and civil commotion, marine
risks, cargo risks, etc.
1) Creditworthiness risks
4) Tax risks.
2) Man-made risks arising under the Factories Act, Mines Act, etc.
1) System capacities
2) System reliability
3) Obsolescence risks
Organizational size-
In the fallout from Enron and others, many investors are paying closer
attention to a company's ethics, as well as their profits. These investors
realize that a corporate focus on profits alone with little regard to ethical
standards, conduct and enforcement—may result in short-term revenue
gain, but long-term profitability may be limited. In cases like Enron, long-
term viability is limited too.
1) Leadership by example
The chasm between managing and managing well is wide and deep. To
manage is to merely lead employees. To manage well is to lead
employees effectively, ethically and without arrogance. Company
owners, executives and managers must set the highest examples of
attitude and conduct for their employees. "Do what I say, not what I do,"
is a parental anachronism with no value in management.
Most employees, when not at work, practice personal ethics in areas such
as caring for others, being kind and honest, and not harming others. In-
the-office ethical behavior includes demonstrating trustworthiness to
managers and coworkers, respecting privacy and avoiding conflicts of
interest. Ethics knows no time clock.
The level of trust within a company should reflect the level of trust the
company solicits from customers. If customers are encouraged to put
their complete trust in the product or service, then company teams must
do the same with each other. Management must guide this internal
process. An increase in trust is a reduction in risk and uncertainty, which
in turn will keep the revenue generation process flowing smoothly.
Another advantage of running a high-trust organization is improved
internal flexibility and creativity. Instead of being constantly monitored,
the person to whom a task is assigned can accomplish it the best way
possible. The outcome is never in doubt because of the trust the team
shares.
2. Price Fixing
3. Price Discrimination
Transparency in business-
Key takeaways –
A satellite picture, taken in 2004, shows thick haze and smoke along the
Ganges Basin in northern India. Major sources of aerosols in this area are
believed to be smoke from biomass burning in the northwest part of India,
and air pollution from large cities in northern India. Dust from deserts in
Pakistan and the Middle East may also contribute to the mix of aerosols.
Major issues-
The major sources of pollution in India include the rampant burning of fuel
wood and biomass such as dried waste from livestock as the primary
source of energy, lack of organized garbage and waste removal services,
lack of sewage treatment operations, lack of flood control and monsoon
water drainage system, diversion of consumer waste into rivers,
cremation practices near major rivers, government mandated protection
of highly polluting old public transport, and continued operation by
Indian government of government owned, high emission plants built
between 1950 to 1980.
There is a long history of study and debate about the interactions between
population growth and the environment. According to a British thinker
Malthus, for example, a growing population exerts pressure on
agricultural land, causing environmental degradation, and forcing the
cultivation of land of poorer as well as poorer quality. This environmental
degradation ultimately reduces agricultural yields and food availability,
causes famines and diseases and death, thereby reducing the rate of
population growth.
Malthus theory, published between 1798 and 1826, has been analyzed
and criticized ever since. The American thinker Henry George, for
example, observed with his characteristic piquancy in dismissing
Malthus: "Both the jay hawk and the man eat chickens; but the more
Jayhawks, the fewer chickens, while the more men, the more chickens."
Similarly, the American economist Julian Lincoln Simon criticized
Malthus's theory. He noted that the facts of human history have proven the
predictions of Malthus and of the Neo-Malthusians to be flawed. Massive
geometric population growth in the 20th century did not result in a
Malthusian catastrophe. The possible reasons include: increase in human
knowledge, rapid increases in productivity, innovation and application of
knowledge, general improvements in farming methods (industrial
agriculture), mechanization of work (tractors), the introduction of high-
yield varieties of wheat and other plants (Green Revolution), the use of
pesticides to control crop pests.
More recent scholarly articles concede that whilst there is no question that
population growth may contribute to environmental degradation, its
effects can be modified by economic growth and modern technology.
Research in environmental economics has uncovered a relationship
between environmental quality, measured by ambient concentrations of
air pollutants and per capita income. This so-called environmental
Kuznets curve shows environmental quality worsening up until about
$5,000 of per capita income on purchasing parity basis, and improving
thereafter. The key requirement, for this to be true, is continued adoption
of technology and scientific management of resources, continued
increases in productivity in every economic sector, entrepreneurial
innovation and economic expansion.
Case study
1) The source of the gas leak was a styrene plant owned by South Korean
electronics giant LG located in the area.
Laws Before and During Bhopal Gas Tragedy (1984): At the time of the
Bhopal gas tragedy, the Indian Penal Code (IPC) was the only relevant
law specifying criminal liability for such incidents.
Laws After Bhopal Gas Tragedy (1984): Bhopal Gas Leak (Processing
of Claims) Act, 1985 : It gives powers to the central government to
secure the claims arising out of or connected with the Bhopal
gas tragedy.Under the provisions of this Act, such claims are dealt with
speedily and equitably.
UNIT 3
1) Not supplying the products made by the company as per the order.
6) Delaying the delivery of the goods without giving any proper reason.
2) Supplying products that are different from those that are advertised.
Using below-standard material for the service and charging for relatively
better material from the customer
Marketing research is done to find out the needs of the market, its trends
and competitive activities. In the field of marketing research, the
following are example of unethical behaviour:
2) Some old research is presented as the new one just for the purpose
of financial gain.
Ethics in Finance
Internal Sources: Internal sources means the owner’s own funds that are
invested as equity in the organization. In case of small organizations, the
owner’s contribution in terms of equity is low. Therefore, large amount of
money is raised from external sources. The entrepreneur can raise
finance internally from various sources:
Figure below shows the organizational chart for the finance function.
The finance department of an enterprise is prone to the following
unethical practices:
3) Using underhand tactics with the financers to gain benefits for the
firm as well as for themselves.
4) Maintaining two different sets of books, one for the management and
the other for income tax.
In the area of administration, the following are the unethical practices the
manager can indulge in:
1. Accessibility
2. Privacy
3. Property
4. Accuracy
The information which is viable and being accessed is now much more
accurate and authentic.
Key takeaways –
UNIT 4
Environmental Ethics
4.1 Environmental Ethics, Corruption and Gender Issues—Gender
Ethics, Harassment and Discrimination.
Environmental ethics-
Every life form is unique, and has intrinsic value, regardless of its
perceived value to humans.
• We should have a profound resect for nature.
• We must maintain a harmonious relationship with other species.
• Everyone should take responsibility for his impact on nature.
• Local and indigenous environmental knowledge should be respected.
• We must plan for long term.
Suppose some farmers burn and clear forest areas for cultivation, would
it be possible to justify their act? Suppose a green area is totally cleared
of the vegetation to make space for commercial or residential complexes,
would this act be justified? Suppose a company conducts open-pit mining
in some virgin territory, does the company hold the responsibility to
restore the ecology of that region?
Corruption-
Corruption refers to the abuse of public office, that is, use of public office
for some personal benefit. Ethical governance propagates that all are
equal in the eyes of the law. But, corruption practices the exact opposite.
Increasing corruption has led to a situation where only dissipation of
corruption can result in equality before the law.
Corruption works against the nation, against the poor strata and against
the economic progress of the country.
The history of our country’s governance is fraught with examples of
corruption that put the nation at security risk. There have been instances
of corruption in politics, in defence deals and even cases of militants
being funded through Hawala.
Gender ethics-
Societies that still remain backward are those where women have been
marginalized and where poverty has been feminized. Globalization
means a situation or condition that encourages the movement of capital
around the globe at a fast pace. It also implies the disappearance of tariff
barriers and the spread of new information and communications
technologies. But the benefits of globalization are not always equally
distributed. Needless to say, the efforts to help women progress are also
stunted.
It would be quite a challenge to encourage women from all over the world
to participate in the whole process of globalization, because not all
women enjoy freedom of movement. For those who are not even allowed
to leave the four walls of their home, the need to create channels that
would help throw the doors open for participation arises. In the women-
friendly regions, the focus should be on creating more facilities for
women to participate in different ways and at different levels in the
market.
The majority of the Internet users consists of men which means women
still remain far behind when it comes to benefiting from information
technology. The benefits of progress, modernization and globalization
have not been fairly distributed and the gap between the haves and the
have nots has not been bridged. With women forming the majority of the
poor in the world, this only strengthens the fact that gender inequality is
certainly not a myth.
Women clearly shoulder more responsibilities than men and are also
expected to play dual roles as bread-winners as well as housekeepers.
This exposes them to more mental and physical stress as well as health
hazards than men. The underdeveloped countries have been victims to
unethical peddling of medicines that do not meet the global safety
standards. Women, especially those who are pregnant are at the
receiving end of all the harmful effects of these dangerous medicines.
They not only risk losing their lives, but also endanger the lives of their
unborn children.
However, in India, it has not been very long since The Supreme Court
recognized sexual harassment, for the first time, as a violation of human
rights and a genderbased discrimination affecting women’s ‘Right to Life
and Livelihood’. Although mandatory guidelines for resolution and
prevention of sexual harassment of women at work have been put in
place, the issue of sexual harassment and discrimination still remains
under carpet for most employers and women.
2. Has been asked for sexual favours in return for employment, payment
of wages or a promotion.
7. Has been repeatedly asked out by the boss or forced to answer queries
(by the boss) regarding personal life.
In the developed nations, laws have been enforced that require equal
pay to be given to both men and women for equal work. Compensation
discrimination based on the sex of the worker is also prohibited.
However, the truth is that despite such laws, discrimination at work is a
malady that refuses to be cured.
Sexual Harassment of Women at Workplace and Constitutional
Guidelines and Norms
The three Judge Bench of the Supreme Court in Vishaka vs. Union of India
in an epoch-making judgement made a significant contribution in
evolving the code against sexual harassment. While emphasizing the
need to have guidelines, the Supreme Court said that:
(ii) Not less than half of its members of the committee be women.
(iii) The committee should involve a third party, either an NGO or another
body familiar with the issues of sexual harassment, in order to prevent the
possibility of any undue pressures or influence from the senior levels.
Key takeaways –
• Corruption, environment ethics, gender ethics and sexual
harassment or discrimination are all issues that have been animatedly
discussed at seminars and conferences all over the world.
• However, very little of what is preached is brought into practice. It is
clear that while the developed nations continue to progress, the state
of the women, especially in the third world countries, continues to fall
and the degree of corruption continues to rise.