Ethical Studies LSHM N243

Learning Outcome #2: The Role of Ethics in a Work or Educational Environment

Feb - June, 2011

Duties of an Employee
When an employee signs a contract of employment, this is an agreement that the employee will perform various duties that the employer has described. If these duties are not met, the contract can be terminated by the employer.

Main Goal Duties of an Employee

Work towards the goals of the firm and avoid activities that might harm those goals.
You should always read any contract carefully before signing it!

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Duties of an Employee
These may be explained in the contract of employment, but the law also says that there are certain obligations and duties owed by an employee to their employer, even if the contract does not mention them. These include:

1. To do what a reasonable employee would do in any situation. 2. Duty to be honest. 3. Disclose wrongdoing, including wrongdoing by other employees, even if this will incriminate them. 4. Carry out and follow orders of the employer, (as long as they are legal). 5. Not to disclose employer or work related confidential information. 6. Work with reasonable care and skill. 7. Not to compete against the employer during employment period. 8. Not to accept bribes or extort others. 9. Be prepared to change when the job changes, for example, if computers or other machinery are introduced to help the employee do their job.
Compact Law http://www.compactlaw.co.uk/free-legal-information/employment-law/employees-obligations-to-employer.html

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Duties of the Employee

Ways employees do NOT support their employers, or break the law. 1. Conflict of Interest when an employee is carrying out a job task, has a personal interest in the outcome of the task, but must make a professional and independent decision.

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My employer found out that I'm selling products on eBay through a sole proprietorship company called Company A, but the products are purchased from my employer. Company A is owned by me and my son. There's nothing in the employee manual to prohibit that. I'm trying to find out if it is illegal to sell products bought from my employer on eBay and if this activity has anything to do with conflict of interest. Please help!
The president of College A starts his own college, College B, in the same general area as College A. The board of directors from College A wants to terminate his contract because of a conflict of interest. Is the board of directors from College A correct that there is a conflict of interest here? You are a person working as the equipment purchaser for a company, and I get a bonus proportionate to the amount I am under budget by year end. Are you in a conflict of interest while buying the equipment for the company?

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Employees Not Supporting Employers (contd) 2. Commercial Bribes and Extortion a) Bribes when something is offered to an employee from a person outside the firm with the understanding that the employee will do something favorable for that person as the employee completes a job task. b) Extortion when the employee demands something from a person outside the firm to do something favorable for that person as the employee completes a job task.
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Employees Not Supporting Employers (contd)

3. Gifts
When is it okay to accept a gift without it being considered bribery? Some considerations: a. What is the value of the gift, and will it influence decision making? b. What is the purpose of the gift? Was it intended as a bribe? c. What were the circumstances of the gift? Was it for a special event celebration? d. What is the position of the person receiving the gift? Are they influential in decision making for the firm? e. What is the accepted business practice in the area? f. What is company policy? g. What is the law?
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Rights
Rights play an important role in business ethics, and in virtually all moral issues. However, while rights can clarify roles, they can also come into conflict with each other and spark debates. To start, it is important to distinguish different categories of rights. i) Legal and Moral Rights Legal rights are rights that are recognized and enforced as part of a legal system - - the law. Moral rights do not depend on the law, but are rights that we should have, which is why moral rights are often under great debate.
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Rights
ii) Specific and General Rights Some rights are specific and involve identifiable individuals. Other rights are general rights because they describe rights for everyone. (e.g. right to free speech)

iii) Negative and Positive Rights Negative rights are duties of others to not interfere with our own rights. Positive rights demand that other people provide us with goods or services to support our rights.
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Rights At Work Employees

Rights are also specific to the workplace. Both employees and employers have rights in the workplace. 1. Right to privacy
a) relevance employers can only inquire about employee information that directly affects the job. b) consent employees must give consent before private information can be investigated. c) methods ways in which information is gathered must be appropriate (e.g. interview) and not inappropriate (e.g. hidden camera)
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Rights At Work Employees

2. Freedom of Conscience
Employee should have the right to report any company activities that he/she believes to be morally or ethically wrong. However, this is usually not looked upon favorably by employers, and employees are often disciplined, including firing, if they cause trouble. Employees in this position, while they should have this freedom, can only get results through whistleblowing.

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Rights At Work Employees

3. Whistleblowing
A member or former member of an organization disclosing wrongdoing by the organization; feels bound to do so because of moral beliefs.
Internal reporting to supervisors within the organization *External reporting to people/committees outside the organization that can exact a disciplinary role (e.g. governments, Greenpeace for environmental issues, etc.)

Takes great courage and often has negative results for the whistleblower (e.g. lost employment, lost income, personal turmoil).

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Rights At Work Employees

Justifying external whistleblowing: Clear and substantiated evidence that the organization is engaged in activities that are seriously wronging other parties. Serious attempts to prevent the wrong through internal whistleblowing have been tried and failed It is certain that external whistleblowing will prevent or stop the wrong. The wrong is serious enough to justify the injuries that external whistleblowing will probably inflict on oneself, ones family, and other parties.

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Rights At Work Employees

4. Participatory Management
Modern organizations tend to implement this right more than in the past. The idea here is to have employees involved in discussion and decision making processes. In other words, majority rules with decision making. Advantages:

Employees with ownership in discussion and decision making are more engaged and likely to be more committed to the business. It is considered an ethical right by many. Employees are not typically in a knowledgeable enough position to make some decisions. Bureaucracy can slow down decision making, making an organization less responsive to its environment.
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Disadvantages:

Rights At Work Employees

5. Right to Due Process
As employees have the right to be treated with respect, they therefore have the right to due process.
Right to Due Process is a more ethical way to treat employees that are leaving an organization, regardless of the reason:
Expectations are clear before contract begins Fair and impartial hearing if rules appear to be violated Rules administered consistently and without favoritism People not responsible for matters beyond their control

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Rights At Work Employers

Employers must balance employee rights with their own rights to sustain and grow the company. Some typical employer rights are the right to:
Conduct business as they see fit Make decisions about hiring and firing Make decisions about promotion Make product / service decisions to gain market share Make unpopular decisions for the overall welfare of the business.

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Educational Rights
Most countries support the right for children to be provided with a basic education. The age level to which this is considered a right varies from country to country, but the concept is the same. Most people see this as a valuable right, as education will provide a more knowledgeable population for the future, which is essential when competing in todays and tomorrows competitive global economy.

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On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights.

(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. (2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. (3) Parents have a prior right to choose the kind of education that shall be given to their children.
http://www.un.org/en/documents/udhr/index.shtml Feb - June, 2011 19

Other Ethical Factors in the Workplace

Ethics is a vital aspect of many work functions: 1. Employment Equity People working the same job with the same skills and education should be paid the same salary. Gender should not affect the salary. 2. Health All employees deserve to work in an environment that does not endanger their health.
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Other Ethical Factors in the Workplace

3. Safety All employees deserve to work in an environment that does not endanger their safety. Well maintained work space and appropriate and ongoing training are essential. 4. Labor unions Many businesses and industries have labor unions which give a voice to employees to protect their rights. Where labor unions do not exist, employers must avail opportunities for employees to discuss workplace concerns in a safe and trusting environment.
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