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Business Ethics

Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

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Page 1: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Business Ethics

Page 2: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Introduction to Business Ethics

The need for a company to behave “ethically” is described in terms of a company’s need to interact productively with its stakeholders.

Ethics is philosophy in action. It can be described as philosophy which is concerned with what is right and wrong ; good or bad.

Page 3: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

3

Introduction to Business Ethics

Public’s interest in business ethics increased during the last four decades

Public’s interest in business ethics spurred by the media

Page 4: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

What is Ethics?

Ethics and Social Responsibility Ethics - two levels of concern individual

organizational Soc. Responsibility – Do things that benefit

society eg CSR activities Ethics - Don’t do things that may be in your

own self interest but with larger interest of stake holders eg no reduction in taxi fares though CNG is much gheaper

Page 5: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Business Ethics explained

The application of general ethical concepts to the unique situations confronted in business. It asks what is right or wrong behavior in business and what principles or rules can be used as guidance in business situations.

Page 6: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Business Ethics: A definition

‘the study of business situations, activities, and decisions where issues of right and wrong are addressed’

LawEthics

Page 7: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Business Ethics: A definition

Business Ethics means conducting all aspects of business and dealing with all stakeholders

in an ethical manner…

Page 8: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Business Ethics – A Definition

Ethics is relating to morals and is the study of moral questions – morally correct

Study of moral choices Focuses on standards , rules , codes of conduct

that govern behaviour of people eg expenditure as per I.T laws , fudged or manipulated bills(liquor bills translated to pakoda and snack bills)

Moral principles that define right and wrong in the world of business

Page 9: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Business Ethics – A Definition

What constitutes right and wrong in business is determined by public interest groups and business for a as well as individual personal morals and values

Ethics refers to code of conduct that guides people when tackling situations. Relates to social rules that influence people to be honest in their dealings

Business ethics is the evaluation of business activities and behaviour as right and wrong

Page 10: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Business Ethics – A Definition

Ethics is the discipline that examines moral standards of society

It asks how these standards apply to social systems and our lives and whether these standards are reasonable

Business ethics is a specialized study of moral standards and concentrates on how they apply to social systems and organizations, to behaviour of people at work

Page 11: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Business Ethics – A Definition

Business ethics is applied ethics. It is the application of our understanding of what is good and right to the assortment of institutions , technologies , transactions activities and pursuits which we call business

It is systematic attempt to integrate moral behavioral requirement with business requirement

Page 12: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Business Ethics – A Definition

Both parties to contract understand the nature of the contract which they plan to enter into

Neither of the parties intentionally misrepresent the contents

Neither party to the contract be coerced into accepting the terms of contract

The contract should not require the parties to take part in immoral acts

Page 13: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

CHARACTER OF

MAN

SERIES OF

ACTIONS

MORAL STANDA

RDS

CONDUCT OF

PERSON

GOOD OR BAD RIGHT

OR WRONG

Decided By Leads

To

Taken together as

Moral Judgement

Used to Judge

Meaning of Ethics

Page 14: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Importance of Ethics

“There is no such thing as business ethics….There’s just ethics; and we all have to practice them every day in everything we do.”

– Peter Drucker

Page 15: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Why Study Ethics?

Help in trying to do the right thing Help postulate value systems for the company

which forms guidelines how business is to be conducted

Also defines moral code for supply chain members to observe

Need to have strong whistle blower mechanisms to report and pro active rectification processes to minimize reputation risk

Page 16: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

OBJECTIVES OF BUSINESS ETHICS STUDY OF HUMAN BEHAVIOUR AND MAKE ASSESSMENT

OF WHAT IS MORAL OR IMMORAL. IT IS A DIAGNOSTIC EXERCISE

ESTABLISHES MORAL STANDARDS AND NORMS OF BEHAVIOUR

MAKES JUDGEMENT ON HUMAN BEHAVIOUR BASED ON THESE STANDARDS AND NORMS

PRESCRIBES MORAL BEHAVIOUR AND MAKES RECOMMENDATIONS ABOUT HOW TO OR NOT TO BEHAVE (eg implementation of dress code or drunkenness at work is liable for de rostering of pilots)

EXPRESSES AN OPINION ABOUT HUMAN CONDUCT IN GENERAL eg extra marital affairs

Page 17: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

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Ethical issues at workplace

Recognizing conflicts of interests Discrimination based on sex, caste,relations etc Distinguishing between gifts and bribes Attaining fairness in employee appraisals eg IBM

India case of reversal appraisal Safe guarding confidential information and executing

non disclosure agreements with partners Ensuring that you do not recruit employees from

customer site during project or vice versa

Page 18: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Case study of ethical performance Maruti withdrew a complete batch of

Maruti 800 cars which had defective gears and offered full refund or replacement cars including Zens as replacement in 1990

Page 19: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Making sense of Business Ethics

Recognition that ‘good’ and ‘bad’ ethics inform organizing and managing

Corporate scandals and ethical difficulties, involving Union Carbide, Enron, Arthur Andersen, DSQ, Satyam etc.

Page 20: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Kinds of Ethical Issues

Systemic-social systems or institutions within which businesses operate

Corporate –an individual company taken as a whole

Individual-a particular individual(s) within a company and their behaviour and decisions

Page 21: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Ethical Norms

Set of required ethical practices shared and applied by the members

Norms define what is proper and improper behaviour

Behaviour perfectly legal may not always be ethical eg entertainment of prospects

Case study of CRIS

Page 22: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Business Ethics and Stakeholders Fair trade practices Product safety Equal opportunities Health and safety Employment security Pollution prevention Purchasing ethics Honesty of accounting systems

Page 23: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Scope of ethics

Stakeholder level Personal policy level Societal level Internal policy level

Page 24: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Stakeholder level

Employees Customers Investors Banks and financial institutions Regulatory and statutory bodies

Page 25: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Employees

Equitable treatment Fair employment terms Timely and correct payment of wages Provision for personal learning and growth

Page 26: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Employee obligation to firm

Achieve goal of the firm Avoid activities which might harm goals or

clash with company goals Avoid indulging in unethical practices

Page 27: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Customers

Fair trading practices Cogent pricing policy with no discrimination eg

hiked petrol prices at pumps immediately after budget hike but no remission of the same if prices lowered

Assurance against adverse effects of products and services

No hoarding and creation of artificial shortages Fair and un hurtful claims in ads

Page 28: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Investors

Page 29: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Financial Institutes

Complying with rules and regulations No double financing Guarantee safety of borrowed funds and no

siphoning of borrowed funds

Page 30: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Regulatory bodies

Complying with laws and regulations Proper filing of recorded incomes and taxes

Page 31: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Personal policy level

Not to use office facilities for personal use “quote Pimputkar”

Do not delegate personal work to staff eg dealing with brokers for stock trading and maintaining personal records and dealing with bank accounts

Indulging in politicking Destroying careers out of personal vendetta

Page 32: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Internal policy level

Fair practices related to compensation perks layoffs promotions etc

Page 33: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Six sources of ethics

Genetic inheritance Religious morality eg jains or vegetarians Philosophical systems eg frugal life styles Cultural experiences Customs as guidelines for

conduct. Individual values shaped by norms of society eg co-habitation

Legal system eg polygamy Company code of conduct eg company

operating policies and codes of ethics

Page 34: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Ethics

Moral Standards

Moral Obligations

Voluntary Human Conduct

Moral Judgement

Is area of

Regarding

Requires

Sets standards Related to

To judge

Functions of Ethics

Page 35: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Functions of ethics

Ethics is an area dealing with moral judgment regarding voluntary human conduct

Ethics sets the standards for moral standards

Moral judgment requires moral standards Moral standards judge human conduct

Page 36: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Characteristics of business ethics

Ethical decisions differ from individual perspective of different people. Each person views the ethical question in terms of his own frame of reference

Ethical decisions do not end up in themselves but have wide spread ramifications

Unfortunately most ethical decisions involve a trade off between costs incurred and benefits received eg refunds for goods

Page 37: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Public’s Opinion of Business Ethics Gallup Poll finds that only 17 percent to 20

percent of the public thought the business ethics of executives to be very high or high

To understand public sentiment towards business ethics, ask three questions– Has business ethics really deteriorated?– Are the media reporting ethical problems more

frequently and vigorously?– Are practices that once were socially acceptable

no longer socially acceptable?

Page 38: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Morality Moral standards come from various sources such as

parents , media , society , faith , etc As person grows up moral values could change due to

external influences Non moral standards are standards we judge what is good

and what is bad in a non moral way. Includes standards of etiquette by which we judge manners as good or bad, standards which we call law by which we judge legal right and wrong, the standards of language by which we judge what is grammatically right and wrong . In short all judgements are non moral

Page 39: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Morality

The standards that an individual or a group has about what is right and what is wrong

Moral standards include the norms observed about the kind of objects which are morally god and bad

Moral norms can be expressed as general rules or statements eg always tell the truth

Moral values expressed as statements describing objects that have loftiness such as Injustice is bad

Page 40: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Characteristics of moral standards Not established by law or legislature Preferred to other values Based on impartial considerations Associated with emotions and vocabulary

Page 41: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Moral Judgment

•Right/Wrng•Good/Bad•Moral/Imrl

Moral Standards

Human Conduct Judged

Are Require

By Which

Moral Judgements

Page 42: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

– Cheating on your expense accounts– Stealing supplies– Bribery– Manipulation of supplier rates or customer

pricing– Bending policies for certain suppliers ,

customers and employees– Violating income tax rules

Page 43: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Ethics and Business

Ethics conflicts with profit at any cost Business always chooses profits over ethics Ethical value systems and transactional

integrity form basis of business ethics

Page 44: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Ethical definitions of ownership Intellectual property is intangible property

created by people or companies which is protected under trade secret , copyright patent laws etc (case of film title being registered but never saw the light of the day (B R Chopra had to change name of his film from Talaak to Nikah because of an injunction order)

Trade secret or confidential document is an intellectual work used for business purpose eg coca cola formula or pricing details

Page 45: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Ethical definitions of ownership

Copyright is a statutory grant which prevents plagiarism for a specifically long period eg 20 years. Software or video piracy or availability of latest films on internet. Non freeware software on net

Patent is a monopoly right granted to a person who has invented or discovered a thing or a process and gives exclusive rights to manufacture or render service

Page 46: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Ethical definitions of ownership

Trademark is a visual symbol applied to goods which are branded and are registered under a trade name eg software products have a trademark which is registered and the name bears the acronym Tm

Page 47: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

ETHICAL ISSUES CONFRONTING BUSINESS CONCERN ABOUT CORRUPTION FINANCIAL SCAMS even in TATA eg TATA

FINANCE MISLEADING ADVERTISEMENTS SAFETY AND WORKING CONDITIONS AT WORK

PLACE eg REST ROOMS FOR WOMEN PROTECTION OF EMPLOYEE RIGHTS

Page 48: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

REASONS FOR ETHICAL PROBLEMS PERSONAL GAIN DEGRADING MORALITY DIFFERENCE IN INDIVIDUAL VALUES (BRIBE VERSUS

CONSIDERATION) CLASH OF INDIVIDUAL VALUES AGAINST

ORGANIZATIONAL VALUES( TATA VALUES FOR SALE – NO BUSINESS WITH BLACK LISTED COMPANIES)

VALUES OF TOP MANAGEMENT COMPETITIVE PRESSURES

Page 49: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Unethical Business Practices Price fixing by companies who operate in monopolistic

markets eg OPEC Manipulation of supply – Firms in monopolistic markets

limit their production(OPEC) or resort to hoarding (cement , steel ) to create an artificial shortage in the market to enable the hike of prices

Maximum retail price not honored Price discrimination – charge different price to different

customers (surgeons) Clash of values between individual and company both

ways

Page 50: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Case study 1 in Business Ethics

Page 51: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Case study 1 Please comment on which code is being violated by the acts

-Employees who leave an R&D set up lends his design to competition (DEC PDP11 v/s DG ECLIPSE) -Unethical customer shows confidential pricing of competition to preferred vendor for a consideration -Making remixes of old hindi film songs -R&D for drug done in India but patent registered in country of multinational and Indian company charged royalty for manufacture of drug it has helped to discover -Almost identical symbols or words used by unethical company leading to litigation related to registered trade mark. Most branded products have trademarks eg Oracle is trademark of Oracle Corp

Page 52: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Classification of business ethics problems Overt-Open to public view . Lack of ethics

openly practiced eg payment of under the table money for purchasing homes

Covert-Secretive deals not apparent until the lid is blown by whistle blowers. Satyam real estate deals. Difficult to detect and control. General cancer in society

Page 53: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Factors influencing business ethics Corporate culture Individual employee values systems Leadership Environment Personal v/s group dynamics

Page 54: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Elements of ethical culture

Leadership Fairness to employees Employee authority structure Reward systems Organization focus on ethical practices

Page 55: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

2 areas where HR can have a major impact on ethics

Ethics and HR Management

Corporate Governance Employee Involvement

Page 56: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

ETHICAL CONCERNS FOR EMPLOYEES Privacy – the extent to which personal info collected is

used and protected Integrity-the allocation of responsibility for data

integrity and the controls which ensure integrity Influence-the extent to which it reduces individual

discretion in decision making ; the automation of processes in decision making and the results in relation to individual safety and well being

Impact-the extent to which the IS affects individual up skilling; also the possible effects of surveillance monitoring of performance

Page 57: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

GUIDELINES FOR ETHICS IN HR Fair employment regardless of caste and sex Equal pay and opportunities for all Promotions based only on performance and professional

merit and not any other consideration Standard code of judgment for all Maintenance of data confidentiality Non performance factors not to be used in appraisals (IBM

case) Arrangement with head hunters leading to recruitment

from outside and ignoring current employees

Page 58: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

EMPLOYEES AND ETHICS RIGHT TO FREEDOM FROM

DISCRIMINATION RIGHT TO PRIVACY RIGHT TO DUE PROCESS RIGHT TO PARTICIPATION AND

ASSOCIATION HEALTHY AND SAFE WORKING

CONDITIONS FAIR WAGES FREEDOM OF CONSCIENCE AND SPEECH RIGHT TO WORK

Page 59: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

PROTECTION OF EMPLOYEE RIGHTS EQUALITY – NO DISCRIMINATION EQUAL PAY FOR EQUAL WORK JOB SECURITY WHERE EMPLOYEE FIRED ONLY IF

HIS PERFORMANCE IS TANGIBLY BELOW DEFINED PARAMETERS AND AFTER PREVIOUS WARNINGS GIVEN eg CASE IN TIL WHERE PROMOTED IN MAR PINK SLIP IN SEP FOR UNDER PERFORMANCE?;INVOLVEMENT IN CRIMINAL ACTIVITY;DRUNKENNESS ON THE JOB OR MISBEHAVIOUR;DISRUPTING BUSINESS

RIGHT TO FREE EXPRESSION AT WORK PLACE JOB ENRICHMENT AND SELF DEVELOPMENT

Page 60: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

EMPLOYEE DUTIES

DUTY TO COMPLY WITH CONTRACT DUTY TO COMPLY WITH THE LAW DUTY TO RESPECT EMPLOYER’S

PROPERTY

Page 61: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Bluffing and Deception

Doctored CV’s sent by body shoppers to clients abroad or software professionals doctor cv to enhance job opportunities

Making false claims in advertisements Overselling company and employee

prospects during recruitment process Is This Ethical?

Page 62: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Employer Employee

Pay decent wageDefine work expectations

Each employee to be treated with respect

Employee Employer

•Must be honest about his qualifications for job•Must do work promised•Respect employer interest

Employer-Employee Ethics

Page 63: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

BUSINESS ETHICS IN MARKETING

Page 64: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Business ethics in marketing

Products and services – disclose product risks and identify any factor which may change performance eg 85 km/ltr under test conditions

Advertising – Avoid deceptive and misleading communication eg 50% sale on al products while stocks last otr the toothpaste war which claimed to have a certain ingredient which competition claimed it had not

Distribution – Do not create artificial shortage to hike prices Pricing – clarify all services included and excluded eg proposal should

not contain standard services as applicable

Page 65: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

ETHICAL ISSUES IN MARKETING Deceptive advertising Ambiguous claims such as conditions apply

or till stocks last or under test conditions Withholding product test or technical data Falsifying market research behaviour Ethics of market intelligence Excessive telemarketing Excessive credit facility creating debt trap

Page 66: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

ETHICAL ISSUES IN CONSUMERISM Filing false claims Fraudulent return of merchandise Rerecording of copyrighted music , videos

or software (% licensed s/w to unlicensed s/w)

Phoney insurance claims

Page 67: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

UNETHICAL MARKETING PRACTICES DISHONEST PRACTICES IN SHOWROOM UNWANTED AND UNTARGETED

TELEMARKETING ANNOYING OVERKILL AD CAMPAIGNS IN

ELECTRONIC MEDIA ESPECIALLY INTERNET WITH ADS POPPING UP IN THE MIDDLE OF A SESSION

LOUD SELF PRAISING ROAD SHOWS WITH INTENT TO LOCK IN PROSPECTS POST LAVISH FESTIVITIES

Page 68: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

WHEN TO REFUSE AN ORDER YOU DON’T HAVE APPROPRIATE SOLUTION AND

SOMEONE ELSE IS BETTER EQUIPPED TO SOLVE THE PROBLEM (HONESTY)

THERE IS NOT ENOUGH TIME TO DO THE JOB WELL(QUALITY)

THE JOB REQUIRES COMPETENCES YOU DO NOT HAVE(HONESTY)

THE CLIENTS DEMANDS OR LOCATION IS SUCH THAT HIS POST SALES SERVICES IS UNECONOMICAL (RATIONALIZATION)

CLIENT ASKS YOU TO DO SOMETHING UNETHICAL – PROVIDE SOURCE CODE (INTEGRITY)

Page 69: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

UNETHICAL ADVERTISING FALSE AND MISLEADING ADVERTISEMENTS DELIBERATE OMISSION OF REQUIRED INFORMATION IMPLYING A BENEFIT THAT DOES NOT EXIST EXAGGERATION OF BENEFITS USING UNWARRANTED TECHNICAL JARGON INADVERTENTLY OR OTHERWISE RUNNING DOWN

COMMUNITIES OR RELIGION CREATING CULTURAL DEGENERATION eg AD OF FILM

WITH SAIF AND KAREENA (KURBAN) PLAGIARISM OPEN CRITICISM OF COMPETITORS

Page 70: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

UNETHICAL MARKETING BEHAVIOUR SALE OF PRODUCTS WITH SAFETY RISK eg NOKIA MOBILE

SETS WHICH TENDED TO EXPLODE PUSHING POOR QUALITY PRODUCTS IN A MARKET WHERE

DEMAND EXCEEDS SUPPLY WARRANTY PERIOD TERMS NOT HONORED eg FREE

REPLACEMENT OF PARTS IS DOWNSIZED TO ONLY FREE REPLACEMENT OF CERTAIN COMPONENTS . PARTS FOR WHICH WARRANTY NOT COVERED NOT MENTIONED DURING SALE. CASE OF SOFTWARE PRODUCT SALE. WHAT IS MEDIA WARRANTY FOR 90 DAYS AFTER SHIPMENT. WHY PEOPLE HAVE TO PAY 20-25% OF PRODUCT VALUE AS AMC IN THE FIRST YEAR TO RECEIVE FIXES FOR BUGS

Page 71: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

UNETHICAL MARKETING BEHAVIOUR COUNTERFEIT BRANDED GOODS SOLD AS

ORIGINALS eg RETAIL SHOPS SELLING THEIR OWN BRANDS WITH NAMES ALMOST SAME AS THE ORIGINAL eg VON HULSEN

EXCESSIVE MARKUPS BY RETAILERS eg BEVERAGES 500ML 18/20/22/25 RS

EXAGGERATED PRODUCT CLAIMS CHALLENGED BY OTHERS eg HLL TOOTHPASTE CLINICAL INGREDIENTS AND BENEFITS CHALLENGED BY COLGATE

TASTELESS ADVERTISING SHOWING A PARTICULAR COMMUNITY IN POOR LIGHT

Page 72: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

UNETHICAL MARKETING BEHAVIOUR HARASSING TELE MARKETING DECEPTIVE LABELLING eg NET WEIGHT 1000

GMS. HAS ANYBODY CHECKED THE WEIGHT OF RICE BAGS (1KG) IN THE RETAIL SHOP. DO YOU SEE A WEIGHING SCALE IN THE RETAIL SHOP WHERE YOU CAN CHECK THE WEIGHT CASE OF BASKIN ROBBINS ICE CREAM 1 KG PRINTED ACTUAL WEIGHT 850 GMS

Page 73: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

UNETHICAL CUSTOMER PRACTICES PHOTOCOPYING BOOK TAKEN ON REVIEW AND THEN

RETURNING IT. CASE OF STRAND BOOK STALL SHOP LIFTING RETURNING CLOTHES WHICH WERE WORN TRAVELLING ON BUS TICKETS BEYOND STATED POINT ABUSING WARRANTY TERMS RETURNING PRODUCTS BOUGHT IN SALE AND

DEMANDING FULL CREDIT OR RETURNING PARTIALLY USED PRODUCTS AND DEMANDING FULL CREDIT

PHOTOCOPYING BOOKS OR USING PIRATED SOFTWARE, FILMS OR MUSIC

Page 74: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

CORPORATE CODE OF ETHICS Statements of values and principles which

define the purpose of the company Statement of the norms and beliefs Terms such as codes of ethics , codes of

conduct , codes of practice are synonymous and sometimes used inter changeably

Page 75: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Case studies in lack of advertising ethics Terms of reference of sale of products False claims made by some fitness centres

related to weight loss by women

Page 76: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

CORPORATE CODE OF ETHICS Codes seek to clarify ethics of the

organization and to define its responsibilities to different groups (this is what company stands for). Behaviour expected to conform to ethics and principles stated in the code

Statement of values and principles which define the purpose of the company “This is how we expect you to behave (IBM unwritten code of whom you keep company with)

Page 77: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

CORPORATE CODE OF ETHICS Statements of norms and beliefs of company Code of ethics makes employee aware of his

obligation and the moral duties towards the company

Existence of company code of ethics taken into account while convicting companies on charges of breach of ethical conduct

Code of ethics to be implemented and monitored across supply chain. HOW?

Page 78: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

CORPORATE CODE OF ETHICS Code of ethics does not establish priority

between norms and beliefs Priorities between ethical practices and

business gains is often a tough call for managers

Page 79: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

GENERAL GUIDELINES FOR ETHICAL CODES Contribute to well being of society Avoid harming others Be honest and trust worthy Respect people and property rights

including copyrights and patents Respect privacy of others

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CODE OF CONDUCT

Statement of rules stated either in affirmative or prohibitory(must do or must not do)

Penalties for transgressions identified and systems of compliance defined

Potential conflict of interest described with rules for guidance

Specify actions in the work place and focused at lower levels

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NEED TO FORMULATE CODE OF ETHICS Be a socially responsible organization Provide guidelines for employee behaviour Comply with laws and regulations Establish better corporate culture Avoid conflict of interest Make proper use of company assets eg using company car on private

usage and even running as private taxi For self regulation To shape ethical behaviour To take moral responsibility For improving image of company eg Infosys and Phaneesh Murthy case

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NEED TO FORMULATE CODE OF ETHICS Respect for traditions Respect for core human values which determine the absolute moral

threshold for all business activities Need for self regulation especially in advertising , press releases etc Honesty in relationships with stakeholders Comply with regulatory and statutory requirements (TDS deducted at

source. TDS Form 16 given only in May which says TDS deducted credited in treasury on 30th March.)

Follow proper dress code (neck ties at half mast , slippers, jeans ). Case study of P&G salesmen selling Ariel wearing whites

Polite language in conversations especially with customers and juniors eg Army rough address

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NEED TO FORMULATE CODE OF ETHICS Maintain confidentiality of information related to employees ,

customers etc No place for friendship or personal gains in decision making No payment to people groups parties for improper use Not to provide false or misleading information to people Do not use company property or assets for improper usage (case of

Municipal commissioner using personal car on personal visits)

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CODE OF PRACTICE

Interpretations and illustrations of corporate values and principles addressed to employees as individual decision makers(this is how we do it here-unlearning process from public sector to private ; B-school to first multi national job etc

Codes seek to highlight stated values through the practice by employees using guidelines for decision making. Ethics means what we do is because it is our character

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85

CODE OF CONDUCT

a code of conduct shall be prepared for board members and senior management which shall be posted on the website.

board members/ senior management to affirm compliance of the code and the annual report should contain such a declaration signed by chairman.

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Reasons for adopting code of conduct Self regulatory code of conduct (Tata code

of conduct) in order to avoid punitive action by government eg voluntary printing of smoking is injurious to health or printing of max price payable anywhere and clear details of how to complain on wrapping

Code of conduct by profession

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How to develop code of conduct

Identify key behaviour needed to adhere to ethical values proclaimed in code of ethics or values statement

Include wording that indicates all employees are expected to conform to behaviour specified in code of conduct

Review the controls in ethical practices regularly especially with respect to potential risk areas of breaches in ethics

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MAJOR CONCERNS IN ETHICAL CODES How business may make effective use of

company codes The impact of company codes on business

practice from different perspectives Analyze company codes using theories of

ethics

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Code of conduct for consultants Conflict of interest eg audit companies should not show internal control

weaknesses in processes so that their consulting wing can give services. An audit company is debarred from doing consultancy in an account where they have done an audit (conflict of interest).Same way an ad company cant run a campaign for 2 competitors

Confidentiality Non employment statement Protection of IPR and copyright in work Technical competence Impartiality and objectivity Adherence to ethics related to commissions Value for money with bundled services Client ethics eg Pwc , Arthur Andersen Dress and behaviour codes eg IBM - Rockfeller

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Code of ethics for auditors

Obligation to exercise honesty , objectivity and diligence in the discharge of their duties

Hold trust of their employers and exhibit loyalty in matters pertaining to audit

Not be a party knowingly or otherwise to illegal transactions being carries out by the engager

Refrain from activities which may be in conflict of interest of employers and would prejudice objectivity of audit

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Code of ethics for auditors

Shall not accept gifts or offers Shall not be on board of directors of a

company or subsidiary which is being audited

Maintain secrecy of information learnt during audit and not to misuse such information and seek clearance of engager prior to usage of case studies based on their fiscal data

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BRITISH AIRWAYS CODE OF BUSINESS CONDUCT Success of airlines dependent on quality of

decisions and behaviour of individuals at all levels in the organization

Code developed to provide guidance and assistance to employees and stakeholders

Adherence to principles will ensure reputation and success grows

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CODE OF CONDUCT IN BA

Compliance-Comply with laws that regulate the conduct of business

Fairness-Treat all stakeholders equally Integrity-Show respect to individuals who have

business relationship Openness-Share and declare information on conflicts

of interest Honesty-Do not allow people to be misled Fair competition-Competition to be based on quality

and integrity

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CODES OF BUSINESS ETHICS- UNILEVER CODE OF CONDUCT OBEYING THE LAW EMPLOYEES CONSUMERS SHAREHOLDERS COMMUNITY INVOLVEMENT PUBLIC ACTIVITIES BUSINESS INTEGRITY COMPLIANCE-MONITORING-REPORTING

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RBI ETHICAL POLICY

Will not invest in or supply financial services to any company which oppresses the human spirit , takes away rights of individuals or deploys any instrument of torture or abuse

Will not encourage customers to take a proactive stance of the environmental impact of activities

Will ensure that financial services not misused for money laundering etc

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RBI ETHICAL POLICY

To offer all customers consistent high quality and good value services and strive for excellence

To act at all times with honesty and integrity within regulatory requirements

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Corporate GovernanceCorporate Governance Business EthicsBusiness Ethics

CORE VALUESCORE VALUESTransparencyTransparency

FairnessFairnessAccountabilityAccountabilityResponsibilityResponsibility

Guide for behaviorGuide for behaviorStructure of decision-makingStructure of decision-making

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RELEVANT SECTIONS UNDER SOX FOR BE SOX stands for Sarbanes Oxley act of 2002; an act brought

in by SEC in 2002 in the aftermath of financial scandals such as Enron etc

11 sections under SOX Sections relevant to Business ethics are -

Section relevant to Business ethics is Section 406 which is related to the code of conduct -Section relevant to Whistle blowers policy is Section 806 -Section 301 relevant to oversee the correctness of and manage complaints received in the category as well as protect the complainant -Section 302 talks about declaration of quarterly results -Sections 404 is related to integrity of internal controls of financial data

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SECTION 406 OF SOX

Requires disclosures regarding code of ethics in their annual reports

Disclosure whether issuer has code of ethics for senior management and how is the code of conduct monitored and controlled

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CODE OF ETHICS UNDER SOX 406 Honest and ethical conduct including the

ethical handling of conflicts of interests between personal and professional relationships

Avoiding conflict of interest including disclosure to appropriate person identified in the code of ethics , related to any material transaction or relationship that could give rise to such a conflict

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CODE OF ETHICS UNDER SOX 406 Full , fair , accurate , timely and

understandable disclosure to appropriate person identified in the code if any material transaction or relationship could give rise to such a conflict

Full fair accurate timely disclosures to stakeholders in reports that accompany company communications (Maytas funding)

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CODE OF ETHICS UNDER SOX 406 Honest and ethical conduct including the

ethical handling of conflicts of interests between personal and professional relationships

Avoiding conflict of interest including disclosure to appropriate person identified in the code , if any material transaction or relationship could give rise to such conflicts

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CODE OF ETHICS UNDER SOX 406 Prompt internal reporting related to

violation of code of conduct Accountability for adherence of code

(Satyam) Provision for reporting of violations and

process to receive whistle blowers inputs and addressal

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TOPICS COVERED UNDER CODE OF ETHICS CONFLICT OF INTEREST CONFIDENTIALITY (NON DISCLOSURE AGREEMENT) FAIR DEALING WITH SUPPLIER , EMPLOYEE AND CUSTOMER PROTECTION AGAINST MISUSE OF COMPANY FIXED AND

MOVEABLE ASSETS(CONTINUE TO STAY IN COMPANY QRTRS LONG AFTER LEAVING,USING COMPANY TELEPHONE AND CAR FOR PERSONAL USE, RENTING COMPANY CAR AS PRIVATE TAXI , SUB LETTING COMPANY ACCOMODATION-PG)

MANAGING MRP PRICES CONTROLLING COUNTERFEIT PRODUCT SALE IN MARKET ENSURE THAT EXPIRED PRODUCTS ARE NOT SOLD ADHERENCE TO WEIGHTS AND MEASURES

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CORPORATE CODE OF ETHICS AS SELF REGULATION SOX ACT SECTION 406 REQUIRES ALL PUBLIC COMPANIES

TO DISCLOSE THE CONFIRMATION OF ADOPTION OF CODE OF ETHICS FOR SENIOR MANAGEMENT

EXTENSIONS TO THIS SECTION WILL INCLUDE CODE OF ETHICS FOR PARTNERS IN SUPPLY CHAIN

CURRENTLY CORPORATE CODE OF ETHICS ARE VOLUNTARY MECHANISMS FOR SELF REGULATION AND DO NOT ASSURE THAT ETHICAL CODE WILL BE EFFECTIVE IN FOSTERING ETHICAL BEHAVIOUR

REFER TO CASE OF MARUTI WHO WITHDREW THE WHOLE BATCH OF DEFECTIVE 800 AND REPLACED WITH ZENS OR MONEY BACK WITH INTEREST IN 1989

CODES DO NOT ENSURE ADHERENCE BUT THEY EDUCATE EMPLOYEES ABOUT STANDARDS OF BEHAVIOUR

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WHISTLE BLOWERS POLICY UNDER SECTION 806 SECTION 806 OF THE SOX ACT PROTECTS WHISTLE

BLOWERS FROM RETALIATION IN THE FORM OF HARASMENT , DEMOTION , TRANSFER OR EVEN DISMISSAL

A CORELATED SECTION 1107 IMPOSES CRIMINAL SANCTIONS FOR RETALIATION AGAINST WHISTLE BLOWERS

POLICY PROTECTS EMPLOYEES OF PUBLICLY TRADED COMPANIES WHO REPORT CONDUCT WHICH THEY BELIEVE IS FRAUDULENT AND AFFECTS STAKEHOLDERS ADVERSELY .THIS INCLUDES ACCOUNTING FRAUDS ,MANIPULATIONS;BANK AND STOCK EXCHANGE

FRAUDS (DSQ SHARE SCANDAL)

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107

WHISTLE BLOWER POLICY

company to have an internal policy on access to audit committee by employees on unethical and improper practice.

the policy to be communicated to employees and included in the HR manual.

company shall affirm that it has not denied any personal access to audit committee and has provided protection to whistle blowers from unfair termination etc.

the affirmation shall from part of the board report on corporate governance.

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Whistleblowing Act of disclosing wrongdoing in an organization Term first used to enable employee to go public with

complaints of corruption or disclosure of unethical practices

Like blowing a whistle to call attention to a thief Types -Internal – covered by SA

8000 and corporate governance rules -External – allows public to report insider trading or any other irregularity

Whistle blowers may pay high price for dissent

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Whistleblowing

Attempt by a member of company or outside to disclose wrong doing in or by company

Whistle blowing can be internal or external internal when reported to senior management and external when it is reported to external agencies such as police government or press

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Steps needed in whistle blowing

Encourage free expression of dissenting view points

Streamline grievance procedure so that all problems receive prompt and fair hearing

Find out what employees think of company ethics and values and encourage inputs

Encourage employees to exercise their conscience

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QUESTIONS TO BE ASKED BEFORE WHISTLE BLOWING Is knowledge complete and accurate What public interest is being harmed How much is the matter worth pursuing and

how far in the company should you go with your concerns

Are you justified in approaching outside agencies

Should you resign before you complain eg Maj Gen Mayadas in Bofors case ADG MO

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Moral justification of external whistle blowing There is clear substantiated evidence that the

company is engaged in wrong activities which will wrong other parties

Reasonably serious attempts to prevent the wrong through internal whistle blowing that will prevent the wrong

Wrong is serious enough to justify injuries that external whistle blowing will inflict on oneself or other parties

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QUESTIONS TO BE ASKED BEFORE WHISTLE BLOWING How will colleagues perceive the action What is expected to be achieved by opening

up Should it be reported anonymously What protection is available after blowing

whistle

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Risks of whistle blowing

Poor evaluation , demotion and dismissal Blacklisting leading to unavailability of

jobs in sector Career disruption and financial hardship Loss of friends Loss of life or fear of physical attacks

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Whistleblowing Example (cont.)

Another example is that of a multi national company which has an intranet where any employee can post suggestions, complaints to any higher authority. Based on the seriousness of the complaint the mail is directed to appropriate level.

In this case a woman employee was being sexually harassed by her boss. She sent a mail to the MD who was abroad in the far east. He sacked the offender on his return

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Whistleblowing Example

A senior manager in a reputed management consulting company seeks sexual favours from one of his female colleague and because she did not comply she was fired for poor performance. Although she complained to one of the partners no action was taken against the offending person till she complained to the police and press. The manager was arrested and the incident highlighted in the newspapers

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Whistleblowing Example (cont.)

Case of Satyandra Dubey the Indian Oil engineer who was murdered because he blew the whistle on petrol adulteration

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COMPONENTS OF WHISTLEBLOWERS POLICY PROGRAM SHOULD BE PART OF LARGER SYSTEM WIDE

COMPLIANCE TO ETHICS PROGRAMS CORPORATE VALUES AND CULTURE SHOULD SUPPORT

ETHICAL BEHAVIOUR BILATERAL EMPLOYEE COMMUNICATION RELATED TO

UPDATES OF CASES REPORTED UNDER THE AEGIS OF 806 ESTABLISHMENT OF STRONG CODE OF CONDUCT WITH

STRICT CONTROLS AND QUICK RETRIBUTIVE ACTION IMPLEMENTATION OF HOTLINE WITH ASSURED ANONYMITY

(eg KNP HARASMENT CASE) ESTABLISH INVESTIGATION PROTOCOLS ESTABLISH REAL TIME FEEDBACK CONTROLS FOR

VIOLATIONS AND FORTIFY REQUISITE PROCESS TO DISALLOW ANY SUCH INCIDENTS FROM RECURRING (KPMG,KNP)

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SARBANES-OXLEY SECTION 301 HANDLING COMPLANTS Section 301 of Sarbanes-Oxley adds new Section 10A(m) to the Exchange Act and

requires that by April 26, 2003 the SEC, by rule, direct the national securities exchanges and NASD to prohibit the listing of securities of any company, including foreign companies, that do not meet the following requirements: – Each member of the company’s audit committee must be a director and must

otherwise be independent; :– The audit committee must be responsible for hiring and discharging the

independent auditors– The audit committee shall be responsible for approval or all audit and non-audit

services– The audit committee shall receive reports from the independent auditors

regarding critical accounting polices and practices, discussions that have taken place with management regarding alternative treatments of financial information under GAAP, and any accounting disagreements and other material written communications between the auditors and management

– The audit committee must establish procedures to receive and address complaints regarding accounting, internal control and audit issues, and to provide company employees an opportunity to make confidential, anonymous submissions regarding accounting and auditing matters

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COMPONENTS OF WHISTLEBLOWERS POLICY INCORPORATE OBSERVANCE OF BUSINESS AND PERSONAL

ETHICS INTO PERFORMANCE REVIERW SYSTEMS (HUMAN CAPITAL MONITOR –CAPABILITY , POTENTIAL , CONTRIBUTION , VALUES)

ESTABLISHMENT AND UPDATION OF COMPLAINT MGT SYSTEM AND SWIFT COMMUNICATION TO COMPLAINANT REGARDING STATUS OF COMPLAINT

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Sarbanes-Oxley Act Section 301 Requires the Audit Committee to:

– Directly oversee the Company’s external audit firm.– Be independent.– Establish procedures for handling complaints about

accounting or auditing matters.– Have authority to hire advisors.– Be adequately funded.

Specific issues to be defined in Audit Committee Charter– Purpose - Internal Control– Authority - Reporting– Financial Statements - Composition– External Audit - Compliance

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Ethical Behavior Matters

Why does it matter?– Ethical business practices = ability to retain existing

customers, gain new ones

– Positive impact on employees - management

– Supply chains, global market opportunities

– Corporate citizenship and the role of business in society

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Building systems to support ethics Ensuring system audits to monitor and enforce

ethical behaviour New employees informed of ethical standards

and existing reaffirmed about values system Annual performance includes observance of

code of ethics Importance of personal integrity Encouragement of whistle blowers policy and a

watch dog panel to resolve issues

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Training needed in areas of ethics

Accounting methods Ethics in sales and marketing Probity of purchasing procedures Ethics in dealing with stakeholders Ethics at work place

Page 125: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Case study 2 in Business Ethics?

Page 126: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Case study 2

Several private higher educational institutes have “arrangements, affiliations” to educational institutes abroad. Their legal status and ranking

in their own country is not specified. These private institutes also do not purport NAAC

accreditation. They also claim high placements and six months of intensive training abroad.

What will you do if you are an aspirant

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ETHICAL ISSUES CONFRONTING BUSINESS EMPLOYEE RIGHTS ETHICAL BUSINESS CONDUCT CHILD LABOR ENVIRONMENTAL PROTECTION UNDER PAID BASED ON SEX ,RELIGION ,COLOUR,

NATIONALITY etc BONDED LABOR EXPLOITATION OF UNORGANIZED LABOR

(HEALTH CLUB EMPLOYEES NO HOLIDAYS NO UNION)

MINIMUM WAGES

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VALUES

Foundation on which company is built Vision and values are mirror of business and

should stand the test of time Values should support vision and reflect in the

daily operations of the company Value system may be influenced by external

factors Vision charts future direction while values

provide motor to get there

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VALUES

Develop supporting practices for values Values provide a guidance system for

change management Values translated into measurable practices Examples are Customer Service:Average

purchase and Market share;Employee care:Employee turnover and 360 degree appraisal

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Classification of values

Universality of application Individual choice Minimized societal interference Controlled greed Pursuit of pleasure Work ethics Sticking to truth Transparency and honesty

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Classification of values

Fair justice Fair trading practices Fair accounting practices Adherence to laws and regulations Protection against plagiarism and IPR thefts Copyright violation (different instruments

used in reproducing same tune is not violation of copyright)

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VALUES AT TATA MOTORS

Transparent and honest Management Employees form an integrated part of the

industrial family Customers , Dealers and suppliers form part

of the extended family Ethical transactions within and externally

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VALUES AT INFOSYS

Integrity and transparency Fairness in dealings with stakeholders Pursuit of excellence

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TESTING VALUES

Advisor to government on privatization project has a relationship with a potential buyer of the public sector enterprise(centaur deal)

A problem is found in an audit related to business process accounting accuracy. Auditor suggests that a division of his company rendering management advisory services be retained as consultant for process improvement . Barred by SEC

Page 135: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

TESTING VALUES

Job offer made to client personnel overtly or covertly during or just after engagement. Many agreements specify cooling period

Inputs given to auditor during audit are implicitly accepted and certified without verification (Satyam , ISO 9000 audits)

Working on similar project for competition during the course of the initial project execution

Page 136: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Conflict of interest

Arises when an employee of a company is engaged in carrying out a certain task on behalf of the company and the employee has a personal commercial interest in the outcome of the task

Employee is obligated to exercise independent judgment on behalf of the company to performing the task (segregation of auditing and consulting functions in audit firms)

Page 137: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Conflict of interest

Conflict of interest arise when employees have a vested interest that could induce them to under perform or act in a way which is not in the best interest of the company eg A consultant holds large number of shares in a company offers his professional services for internal audit services

Need not be financial but also ethical eg promoting products of competing company

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Objective conflict of interest-conflicts of interest that are based on financial relationships

Subjective conflict of interest-conflicts of interest that are based on emotional ties or relationships

Potential conflict of interest-occur when employee has an interest which could influence the judgment made for the employer if the employee were performing a certain task for the employer but has not been given that task to perform

Actual conflict of interest-when an employee has an interest that might influence the judgment he makes for the employer when performing a certain task for the employer and has actually been given that task to perform

Apparent conflict of interest-situation in which an employee has no actual conflict of interest but in which other people looking at the situation may come to believe that there is actual conflict of interest

Conflict of interest

Page 139: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Areas of conflict of interest

Exercising biased judgment – auditor promotes management consulting services of same company for resolution of problem or doctor referring you to a friend for investigation

Engaging in direct competition with employer – employee has interest in another org which competes with his employers. Eg employee is in a marketing team which is bidding for a large contract. Brother works for competition

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Avoiding conflict of interest

During an assignment a consultant is supposed to achieve best possible results in the interest of a client

Not very obvious what the client interest is Conflict of interest between groups in

company and between short term and long term interests

Conflict of interest avoidance is a critical ethical issue in consulting

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Areas of conflict of interest

Directorship or controlling or financial interest in any business in competition with client (ad agencies)

Financial interest in goods and services recommended or supplied to a client(interior décor of office done by wife)

Personal relationship with employed senior management in client place

Personal investment in client organization or its parent (shares)

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Managing conflicts of interest

Avoidance of areas of conflict uncle of a vp who was in a technical committee evaluating a tender bid withdrew from the committee because his nephew worked for one of the strong bidders

3rd party independent judgment external auditors

Objectivity-no external influences eg pwc acting on input given by md

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Conflict of Interest Cases

Done a very successful consulting assignment for a leading FMCG company leading to high degree of success. Competition hears of this assignment and is willing to pay twice what the current company has paid. There is no Non Disclosure Agreement .

Can an advertising company which has run a Maruti campaign run one for Tata Motors

Page 144: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Cautious Approach to Whistleblowing1. Make sure situation involves an imminent

threat to society or to the business

2. Document all allegations

3. Examine internal whistleblowing first

4. Should you remain anonymous?

5. Get another job first!!!

Page 145: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Case study 3 in Business Ethics?

Page 146: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Case 3

Provider of IT solutions bids for a large tender

Your proposal is far superior to any othertechnically the soundest

almost the lowest bid To get the order what should you do You have 3 “experienced” players to

contend with

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Ten commandments of ethics

observe ethical practices in corporate governance

observe company legal guidelines do not offer or take bribes do not mislead people through wrong

statements in advertisements or in presentations (conditions apply or flat 50% on all products but in reality on very few items)

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Ten commandments of ethics do not obtain competitive information illegally do not disseminate misinformation do not steal trade secrets do not plagiarize especially books and music take care of adverse effects of products and

services on society give employees option to opt out of activities they

consider unethical without fear of recrimination

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Steps to achieve increased organizational effectiveness Increased ethical behaviour is a result of: -

clear personal values -clear organizational values -effective internal controls and corporate governance systems -inspirational leadership

Increased ethical behaviour results in increased employee commitment

Increased employee commitment provides increased organizational effectiveness

Page 150: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Managing ethics

Need to find precise ways to measure the end results of the efforts to develop effective corporate ethics compliance programs

A firms approach to ethics and legal compliance management has tremendous impact on employee attitude and behaviour

Perception of ethical and legal compliance management matter immensely for public opinion

Page 151: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Influences on ethics and compliances Values based cultural approach to ethics

and compliances eg fair treatment of employees , rewards for ethical conduct (promotion for refusing bribes) ,concern for external stakeholder (customer), motivating employees to practise ethics at work place , setting high moral and ethical standards and holding them accountable for violation of codes

Page 152: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

ETHICAL ISSUES IN PURCHASING Judgment of what is right ethically and what

is wrong Buyers can by their actions affect their affect

their company profitability and reputation Maintaining strict ethical code can project

right image of company Ethical violations include bribery deception

rigging , gifts etc

Page 153: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

ETHICAL ISSUES IN FINANCE Creative accounting done to make figures

look decent; legal but not ethical. Done within confines of accounting rules eg wip costing , inventory costing , royalty payments, inflating intangible assets

Effectiveness of internal controls as will be seen in corporate governance

Manipulation of shares Insider trading

Page 154: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

SHAREHOLDERS AND BUSINESS ETHICS LOCUS OF CONTROL FRAGMENTED OWNERSHIP DIVIDED FUNCTIONS AND INTERESTS RIGHT TO SELL STOCK RIGHT TO VOTE IN MEETINGS RIGHT TO CERTAIN INFORMATION ABOUT THE

COMPANY RIGHT TO SUE MANAGERS FOR MISCONDUCT CERTAIN RESIDUAL RIGHTS IN THE EVENT OF

LIQUIDATION ISSUES OF CORPORATE ACCOUNTABILITY

Page 155: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

INSIDER TRADING Act of buying and selling shares on the basis of

inside company information which is not available to general public and which could have significant impact on the price of company stock

Insider trading is illegal and also unethical Unethical because person who trades on insider

info steals info and gains unfair advantage over the public

Through this inside info stocks inflated or deflated artificially

Page 156: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

ETHICAL ISSUES IN ACCOUNTING Under stating income Falsifying account heads through inflation ,

deflation or fictitious heads Allowing questionable deductions

Page 157: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

GUIDELINES FOR ETHICS IN OPERATIONS MGT Is the problem really what it appears Is the action being contemplated legal Who will benefit from the action Has opinion of people been sought

Page 158: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

LISTING OF ETHICS VIOLATION BY SEC IPR Theft Conflict of interest Discrimination Misuse of confidential information Fudging of accounts Misuse of facilities or company assets Industrial espionage Deliberate misstatements in legal document

Page 159: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

LISTING OF ETHICS VIOLATION BY SEC Receiving expensive gifts or entertainment False or misleading advertisements Insider trading of shares Influencing regulatory or government

decisions in their favour Violation of weights and measures or

product specifications

Page 160: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

GLOBALIZATION AND ETHICS CROSS BORDER TRANSACTIONS TECHNOLOGY AND POLITICS CULTURAL ISSUES ACCOUNTABILITY LEGAL ISSUES

Page 161: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

BUSINESS ETHICS MANAGEMENT MISSION OR VALUE STATEMENTS CODES OF ETHICS REPORTING/ADVICE CHANNELS RISK ANALYSIS AND MANAGEMENT ETHICS MANAGERS, OFFICERS AND

COMMITTEES ETHICS EDUCATION AND TRAINING AUDITING, ACCOUNTING AND REPORTING

Page 162: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

SA 8000

A common standard seeking to guarantee the basic rights of workers

A set of universal requirements in line with the ILO Conventions

The first auditable global social standard Provides the framework for the independent verification

of the ethical production of goods and services Has been developed by CEPAA,

now SAI (Social Accountability International)

Page 163: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

OVERVIEW OF SA 8000 SOCIAL ACCOUNTABILITY REQUIREMENT GLOBAL STANDARD ON CORPORATE SOCIAL ACCOUNTABILITY AIMS TO GUARANTEE BASIC RIGHTS OF WORKERS INVOLVED

ESPECIALLY IN INDUSTRIAL UNITS SETS BASIC STANDARDS FOR:

-CHILD LABOUR BELOW AGE OF 15 -FORCED LABOUR -HEALTH AND SAFETY -DISCRIMINATION -FREEDOM OF COLLECTIVE BARGAINING -DISCIPLINARY PRACTICES INCLUDING TORTURE AND CORPORAL PUNISHMENT

-REGULATED WORKING HOURS NOT EXCEEDING 12 HRS/DAY AND ENFORCED BREAK AFTER EVERY 10 SUCCESSIVE WORK DAYS -COMPENSATION TO MEET MINIMUM WAGES ACT -SYSTEMS TO CONTROL COMPLIANCES TO STANDARDS

Page 164: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

The Standard SA 8000 (download: www.cepaa.org)

DiscriminationManagement

Communication

Working Hours

Remuneration

Health & Safety

Supply Chain

Disziplinary Practices

Child Labour

Forced Labour

Freedom of Association & Right to Collective Bargaining

Page 165: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Auditors Ethics

Audit team selection (gender) Language Knowledge of customs and laws Understanding of the culture Do no harm Information is about people When auditors leave, people remain If you cannot do the work – do not try Do not deceive Do not misrepresent

Page 166: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Worker Benefits

Fewer accidents Enhanced opportunities to be organized A way to address and improve the conditions

where people work Increased worker awareness about core labor

rights Enhanced communication to the management

Page 167: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Worker Benefits

Evidence that labor rights are good for society and business

Improved business practices lead to economic growth and new job opportunities

Page 168: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Employer benefits A credible and effective way to put social responsability

into action Enhanced company and brand reputation Improved employee recruitment, retention and

performance Gains in quality and productivity Savings from fewer workdays lost and lower insurance

bills Less expensive than an internal compliance program Better relationships among workers, trade unions,

companies, customers, NGOs and government

Page 169: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Consumer benefits

Clear, credible information for those who want to make ethical purchasng decisions

Useful data for socially responsible investors Identification of products made under humane

conditions Identification of companies making progress

toward humane conditions Broad coverage of product categories and

production geography

Page 170: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

OTHER BENEFITS OF SA 8000 PUTTING COMPANY VALUES INTO ACTION ENHANCING COMPANY BRAND IMAGE IMPROVING EMPLOYEE RECRUITMENT ,

PERFORMANCE AND RETENTION BETTER CORPORATE PERFORMANCE ENHANCED EMPLOYEE LOYALTY AND

COMMITMENT

Page 171: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

BENEFITS OF SA 8000 AT TATA STEEL Improved brand image Increased employee morale and enhanced

productivity and reduced absenteism Improved score in TBEM Tracking of legal compliances Improved workplace conditions No labour unrest for many years

Page 172: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Case study 4 in Business Ethics?

Page 173: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Case study 4

List and present the violations to SA 8000 code Nike corporation was alleged to have committed

Page 174: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

ADVANTAGES OF BEING ETHICAL Employee loyalty and commitment Less likelihood of fraud or theft in company

with senior leaders setting high degree of moral values

Better working atmosphere Greater customer care and customer loyalty

Page 175: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

BENEFITS OF ETHICAL CONDUCT Enhancing company’s image Inculcating company’s values into employees Defining company’s policies Signaling expectations of ethical conduct from suppliers employees

and distributors Enhancing employee self image and improving values of new recuits Promoting corporate excellence Strengthening the internal controls of company for sensitivity to

breaches in ethical behaviour

Page 176: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Case studies for discussion

Page 177: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Case Studies for discussion

Should a woman be recruited in the army and be serving in forward areas

A CEO of a very large IT multi national based out of Singapore asked for selected proposal files of offers made in India. These files were sent to him from India with no suspicions aroused. Very shortly he resigns from this company and takes over the regional operations of a competitor

Page 178: Business Ethics Introduction to Business Ethics The need for a company to behave “ethically” is described in terms of a company’s need to interact productively

Case Studies for discussion

Several teachers in schools sign pay vouchers and receive salary less than offered during appointment

Falsified , exaggerated or non claimable claims while on tours