Integrity and Labor (Anti-Corruption Advocacy in Labor)

Archdiocese of Manila Ministry for Labor Concern

Prepared by: ABGalgo

111307

The Pastoral Cycle

ACT Lk9:23

JUDGE Mt16:13-15

SEE Jn1:38-39

___ Receives compensation for hours not worked for

___ Uses longer lunch/coffee breaks than what is allowed

___ Punches time card for someone else ___ Comes to work late and leaves early ___ Does personal work in company working

hours ___ Uses utilities and equipments for personal

needs ___ Takes company stationary, pens, pencils

and other materials for private use ___ Takes cash from petty cash for private use ___ Receives presents/gifts from suppliers

Corrupt or Acceptable Behavior?

ACTOR

FORM/

PRACTICE

OBJECT

FEELING/

ATTITUDE

EFFECT/

RESULT

*Police

*Gov’t

Official

*Fixers

*Contractor

*Tong; Lagay

*SOP

*Election

Cheating

*Pork Barrel

*Daya

*Nakaw

*Pera

*Octopus

*Anay

*Cancer

*Galit

*Inis

*Lungkot

* “Wala ng

Pag-asa…”

* “Ginagawa

naman ng

Lahat…”

*Kahirapan

*Injustices

*Baku-bakong

Daan

* “Wala na

kong Tiwala”

Perceptions of Corruption

COR-RUPT [kə rúpt] adjective

1. immoral or dishonest: immoral or dishonest, especially as shown by the exploitation of a position of power or trust for personal gain

2. depraved: extremely immoral or depraved

3. containing errors: describes computer data or software that is unusable or unreliable because of the presence of errors that have been introduced unintentionally

4. containing copying errors: containing undesirable changes in meaning or errors made in copying

5. contaminated: contaminated or tainted by something else (archaic)

6. rotten: putrid or decomposing (archaic)

[14th century. < Latin corruptus, past participle of corrumpere "break completely" < rumpere "to break"]

verb (past and past participle cor·rupt·ed, present participle cor·rupt·ing, 3rd person present singular cor·rupts) ; cor·rup·ter, noun; cor·rupt·i·ble, adjective; cor·rupt·ly, adverb; cor·rupt·ness, noun

Microsoft® Encarta® 2007

Petty or Grand

Embezzlement

Bribery

Upward Extraction or Downward Redistribution

Individual or Collective

Political or Bureaucratic

Nepotism

Gifts

Cronyism

Trafficking

Extortion

Forms of CORRUPTION

FORMS OF CORRUPTION

Fraud

Ref: “Corruption: Definitions and Concepts” by Inge Amundsen, Chr. Michelsen Institute Development Studies and Human Rights, January 2000

Transparency International Corruption Perceptions Index

1995 2005 2006 2007

Top Five (5) Least Corrupt Countries in the World

N. Zealand Finland Finland Denmark

Denmark N. Zealand Iceland Finland

Singapore Denmark N. Zealand N. Zealand

Finland Iceland Denmark Singapore

Canada Singapore Singapore Sweden

Top Five (5) Most Corrupt Countries in the World

Indonesia Haiti Haiti Guinea

China Bangladesh Myanmar Eq. Guinea

Pakistan Nigeria Iraq Congo

Venezuela Myanmar Guinea Venezuela

Brazil Chad Sudan Turkmenistan

37th/41

102nd/146

121st/163

131st/179

CORRUPTION

PERSPECTIVES CAUSES EFFECTS FORMS

Psychological

Political

Sociological

Cultural

Personal/ Collective

Petty/ Grand

Personal Interests/

Motivations

Systems/ Structures

Culture

Distortion of Values/

Callousness

Injustice/Poverty

Culture of Corruption

In Summary…

Labor and Corruption

Labor (Union/Fed:

Officers, Organizers/ Paralegals,

Lawyers, etc.)

Government (NLRC:

Arbiters, Commissioners,

Lawyers, Sheriffs, etc.)

Management (HRD and other

Company Officers,

lawyers, etc.)

Identified Corruption Practices in NLRC

Filing/Institution of Cases

Abusive NLRC Personnel

Fixers victimize complainants

Some NLRC Personnel are perceived as fixers

Referral of cases of favored lawyers

Assignment of Cases

Rigging of Raffle

Forging of Certificates of Raffle

Delay in the Services of Summons and Notices to Parties

Resolution of Cases

Delay of resolution of a case for a fee

Laxity of labor arbiters

Decision for sale

Premature and unauthorized disclosure of decisions

Enforcement of Cases

Advance disclosure to losing party of the issuance of writ of execution

Stalling execution for a fee by means of filing Motions to Quash and Third Party Claims

Delay in the service of the writ of Execution

Sheriffs are pecuniarily interested in the outcome of execution and biddings

Release of Fiduciary Funds

Delay of release for a fee

Release of Awards to unauthorized persons to ensure collection of percentage

Bidding/Purchase of Supplies and Equipments

Lack of transparency of bidding procedure

Ref: NLRC 2004 Anti-Corruption Plan

Union Corruption (US Experience)

• Extortion • Embezzlement • Bid-Rigging/Collusion • Benefit Plan Theft • Extortion and Bribery to Secure Jobs • No-Show Workers • Fishy Business Fronts

(Ref: “Union Corruption: Why It Happens, How to Combat It” by Carl F. Horowitz, The National Institute for Labor Relations Research, 1999.)

• Internally-Directed Corruption – Individual either misuse union money (e.g. embezzlement, theft, forgery), mistreats members (e.g. denial of representational rights, rigging of elections) for personal gain.

• Externally-Directed Corruption – Union colludes with a legitimate outside entity – employer, contractor, political office-holder – in the pursuit of power (ex. Bid-rigging, bribery, extortion, kickbacks, etc.)

• Racketeering – Union engage engages in various forms of corruption with the assistance of organized criminals (not legitimate entities).

(Ref: “Union Corruption and the Law” by Phillip B. Watson, National Legal and Policy Center)

The Paralegal Traps…

• “Ngayon lang…” / “One-time lang ‘to…”)

• “Atin-atin lang, walang ibang makakaalam…”

• “Kahit ano at papaano, basta gusto kong mangyari ito…”

• “Parang ok yan a, pwede…” • “Marami namang gumagawa

nito e…” / “Kalakaran na…” • “Itago mo yang mga

dokumento…” • “Pwede nating ilihim…” • “Wala namang masasaktan…” • “E ano naman ang sakin

dyan?..” • “ikakapanalo natin ito…” • “Tandaan mo ha, hindi tayo

nag-usap…”

• “Meron ba tayo dyan?...” • “Balato ko ha…” • “Baka naman malimutan mo

obligasyon mo pag nanalo ka?...”

• “Mataas na pamasahe ngayon, mahal na bilihin…”

• “Kailangan ito para mapabilis ang kaso mo…”

• “Pag-usapan natin mamaya pag tayo na lang…”

• “O nanalo ka, pautang naman…”

“Narinig mo na ba ito?…”

INTEGRITY

In·teg·ri·ty [in téggrətee] Noun 1. possession of firm principles: the quality of possessing

and steadfastly adhering to high moral principles or professional standards

2. completeness: the state of being complete or undivided (formal) Ex: the territorial integrity of the nation

3. wholeness: the state of being sound or undamaged (formal) Ex: public confidence in the integrity of the voting process

[15th century. Via French < Latin integritas < integer "whole"]

Microsoft® Encarta® 2007

INTEGRITY

As Consistency

As Inclusion

As Relational Awareness

As Pursuing a Worthwhile Purpose

Understanding Integrity…

Honesty/ Truthfulness Compassion

Solidarity Perseverance/ Steadfastness

Ref: “The Four Meanings of Integrity” Marvin T. Brown Corporate Integrity: Rethinking Organizational Ethics and Leadership (Cambridge University Press, 2005)

• Are loyal, devoted, assertive and reliable • Are punctual and orderly at work • Observe the organization’s norms of conduct and

procedures • Care about the organization’s property • Reject bribes and kickback offers • Report fully, accurately and truthfully; do not “brush up”

their reports • Are courteous to superiors, peers and subordinates alike • Are involved and proud in the success of the organization • Contribute to its productivity, quality, efficiency and

cohesion • Improve bottom-line profitability • Attract other workers like them to the organization

Who Needs Integrity?

WE ALL DO - AT WORK JUST LIKE IN PRIVATE LIFE !

Employees with integrity:

Value Analysis

VALUE TAMA MALI TEKA… TEKA…

Integrity Plan

I WILL STOP…

I WILL BEGIN…

I WILL CONTINUE…

Signature : _______________ Witness : _______________ _______________ Date : _______________

ON INTEGRITY…

“The integrity of the upright guides them, but the unfaithful are destroyed by their

duplicity” - Proverbs 11:3

Maraming Salamat Po!

“Upang maitindig natin ang bantayog ng ating lipunan, kailangang radikal nating

baguhin hindi lamang ang ating mga institusyon kundi maging ang ating

pag-iisip at pamumuhay. Kailangan ang rebolusyon hindi lamang sa panlabas

kundi lalo na sa panloob!”

- Apolinario Mabini La Revolucion Filipina (1898)