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is a productive human activity that brings beneficial contribution to both people and society. produces employment, fair deals, creativity, advancement of technology, customer satisfaction, among others. is also an activity that provides an opportunity for some unscrupulous people to take advantage of others:
Ironically, however, business
e.g. the abuse of fiduciary relationship between employers and employees and between the buyers and the sellers
1. Sexual Harassment
What is Sexual Harassment? This is an issue in the corporate world that must be looked into because it can create a hostile and unhealthy workplace for the employees. the Congress of the Philippines enacted the Anti-Sexual Act of 1995 For Declaring sexual harassment unlawful in the employment. . this reason. education or training environment. and other purposes.
and uphold the dignity of workers.” Towards . enhance the development of its human resources.Anti-Sexual Act of 1995 “The State shall value the dignity of every individual. this end. instruction or education. employees. applicants for employment. education or training environment are hereby declared unlawful. all forms of sexual harassment in the employment. students or those undergoing training. guarantee full respect for human rights.
requests for sexual favors. unreasonably interferes with an individual’s work performance or creates an intimidating.The Civil Right Act of 1964 of United States of America This is where our law was patterned defines sexual harassment as: ”Unwelcome sexual advances. and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment.” . hostile or offensive work environment.
professor. 7877 Defines sexual harassment as: Employer. employee. supervisor. coach. instructor.” . teacher. influence or moral ascendancy over another in a work or training or education environment demands. regardless of whether the demand. manager. having authority. requests or otherwise requires any sexual favor from the other. request or requirement for submission is accepted by the object of said act. trainor or any other person who.Republic Act No. agent of the employer.
Why Sexual Harassment Occurs? Sexual harassment occurs due to power struggle between men and women as a response to a real or imagined loss of power or as an expression of retaliation or a flexing of the new power. harassment has always occurred but there used to be no label for such behavior. also happens because some organizations and managers allow it to happen. This Historically. sexual .
responsibility of men and women became more specialized. The industrial revolution brought about changes in the traditional function of men and women which greatly increased gender specialization and formed a new kind of workplace in the western world. The In . They moved into jobs that were traditionally held by men. More and more women joined the workforce. things continue to change. the past decades.
As a result of these changes. it may be an expression of retaliation or flexing of the new power. harassment is committed by a male against a female. committed by a woman towards a man. Sexual harassment is one of the effect of this shift. the balance is shifting. it may be a response to real or imagined loss of power. When When .
Quid Pro Quo harassment Harassment that creates a hostile environment 2. .Two Types of Sexual Harassment 1.
.g. pay raise). transfer.1. A manager uses his authority to grant pay increases and promotions as a means to extort sexual favors from an employee. e. “go to bed with me and you will get that promotion you want. Quid Pro Quo harassment This means “this for that” (something for something) This is defined as requiring a sexual favor or interaction as a condition of employment or in exchange for an employment benefit (such as promotion.” .
Harassment that creates a hostile environment In the hostile environment type of harassment. marital status. sex. type of harassment may be based on race. sexual orientation.2. religion. or disability. offensive. abuses include verbal. or hostile environment in the workplace that interferes with work performance. physical and visual conduct that creates an intimidating. age. veteran status. This . national origin.
Some examples of a hostile environment
Unwanted touching, patting, and pinching against a person Comments about your body, leering, wolf whistling, insults of a sexual nature, persistently pestering for a date. Displaying or circulating pornographic pictures with the intention of harassing someone / Posting of explicitly sexual materials Workplace blackmail- i.e. suggestion that sexual favors may further your career (or refusal may hinder it)
5. Green jokes 6. Obscene letters 7. Sexual propositions 8. Suggestive looks
The profiles of the Victim and the Harasser:
The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex. The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee. The victim does not have to be the person harassed but could be anyone affected by the offensive conduct. The harasser’s conduct must be unwelcome.
The most common example is the boss-subordinate situation. It is helpful for the victim to directly inform the harasser that the conduct is unwelcome and must stop. more frequently the victim is in a position of lesser power than the accused. The victim should use any employer complaint mechanism or grievance system available. Although the victim of sexual harassment and the person accused of sexual harassment may be peers. . Harassment also occurs between customer/client and providers.
000 men and women were interviewed pertaining to sexual harassment. and gestures were the type of harassment which created a hostile environment or offensive work environment. The result revealed that 80%of the persons interviewed believed they have been sexually harassed.How Sexual Harassment Affects the Workplace In the study made by Rexbook Magazine in 1981: 140. The study also showed that used of words. jokes. .
such case can generate costly lawsuits. It can also affect the bottom line of the employer. unfavorable publicity or the invasion of privacy. It affected the individuals harassed and the person accused. managers and co-workers. who may be innocent. . and affect the entire life of an organization and its members.
positive work environment by putting into practice a strong sexual harassment policy. secure. example for policy development are: Some .How to Prevent Sexual Harassment in the Workplace A significant step an organization can take in preventing sexual harassment in the workplace is through creating a safe.
one that addresses non-management employees and one that addresses management 2. 3. A broad anti-harassment/positive environment policy that includes a statement that specifically addresses sexual harassment A separate sexual harassment policy that covers all organizational members Separate sexual harassment policy.1. .
scared. people are incompetent of Annoyed. If not dealt with. sexual harassment may result in costly lawsuits. and ruin of an organization image that took years to establish. Sexual harassment is very costly and causes low morale among employees and decrease in productivity. . dreadful publicity. disgraced performing well.
Riddance of sexual harassment will come through the commitment of the organization and employees. free from threats and apprehension. person. Most . want a secure office. male and female.
it is important to expose it regularly through: Permanent posting on bulletin board Memos Articles in the organization’s newsletter Meeting and trainings Training program may come up with various topics to support the anti-harassment programs and to assure each employee of a safe and harassment-free workplace environment .Communicating the Sexual Harassment Policy The best policy is ineffective if it is not communicated well. Even if the company already has a well-written policy.
2. The Problem of Just Wage .
Being compensated for a work done or for services rendered is the very essence of ‘work’. Most agreed that work is directed to the promotion of life. The duty to preserve one’s life implies the duty to work and that each has a personal duty to take care of himself and not to be a burden to other. .Work and Compensation Work is said to be for the purpose of obtaining economic gain for the laborer.
The main objective of compensation is to create a system of rewards that is equitable to the employer and employee. shares on profits. in-kind payments and other remunerative fringe benefits. . the general concern is that justice should be a substance of compensation. It can be in the form of wages. Such remuneration may include both financial and non-financial compensation. Thus. Compensation One is willing to work in exchange for remuneration or rewards he will receive from working. harvest or commercial goods.
just wage is defined as the remuneration which is enough to support the wage-earner is reasonable and frugal comfort. Catholic Church tells us. “a just wage is the legitimate fruit of labor.” A The .The Question of Just Wage A number of people all over the world commented on its definition and have argued on the appropriate criteria to consider in setting the so-called ‘Just Wage’.
00 P 367.00 P 367.00 P 404.00 Retail/Service less P 345.00 Manufacturing Establishments regularly employing less than 10 workers P 345.00 P 345.00 P 367.00 P22.DAILY MINIMUM WAGE RATES National Capital Region (NCR) Effective 01 July 2010 Non-Agriculture P 382.00 P22.00 P 367.00 P22.00 P22.00 .00 P22.00 Agriculture (Plantation and Non Plantation) Private Hospitals with bed capacity of 100 or less Establishments employing 15 workers or P 345.
the workers are entitled to a living wage” “That .Philippine Constitution Spread in various parts of the 1987 Philippine Constitution are specific pronouncements and mandates on the protection and promotion of the rights of workers in the public and private sectors. as indicated in letter “g” Sec 3 of Art. XIII.
6727 The Wage Rationalization Act declared the policy of the State to rationalize the fixing of minimum wages and to promote productivity-improvement and gain-sharing scheme to ensure a decent standard of living for the workers and their families.Republic Act No. considering existing regional disparities in the cost of living and other socio-economic factors. The minimum wage rates shall be adjusted in a fair and equitable manner. .
National Wage and Productivity Commission (NWPC) Regional Tripartite Wages and Productivity Boards (RTWPB) These determine the minimum wage for Filipino workers They handle the minimum wage rates of the workers of each and every region of the country. determination of wages must also be adequate and just. .Government Agencies Involved In our country.
. Laws and Regulations Workers refers to the supply and demand for labor and the so-called economic conditions and underemployment. It requires that employers pay at least the minimum wage. External Market Factor These 2. should be paid in accordance with laws and regulations issued by the government.Factors to consider in Formulation of Fair Wages 1.
However not all companies have a minimum wage high enough to maintain a decent standard of living. A fair wage should be sufficient to meet the increase in cost of living. Cost of Living The 4. Prevailing Industry Rate Some claim that paying workers the average of what other companies are paying for the same job result in a fair wage. cost of living relates to basic maintenance needs and it must be seriously considered in formulation of wages. .Factors to consider in Formulation of Fair Wages 3.
responsibilities. the size of the company.Factors to consider in Formulation of Fair Wages 5. Organizational Factors Assessment 6. Duties. Job Factor The of what type of industry the organization operates. and the skills requirements of the job are probably the most considerable determinants of fair wage. nature of the job itself entails the formulation of a just wage. . and the organization’s profitability to justify its ability to provide fair wages to its workers should be considered.
Individual Performance The trend is that individual performance or productivity ratings affects the determination of wage/salary increases.Factors to consider in Formulation of Fair Wages 7. .
Some communities have a higher cost of living than others. and businesses usually conclude that they are legally and morally right when they fulfill their mutual agreement with the employees. difference hinder the formulation of a perfectly common definition of fair wage. Organizations Geographical .Some Issues on Just Wage The minimum wage mandated by the government is not a guarantee of a just and fair wage.
Companies . have different interpretations of the justifiable pay for certain job position. the prevailing rate in industry alone could not perfectly establish a just wage. Wage indexation to cost of living. where wage is automatically adjusted with the increases of cost of living. is not usually met by majority of the employers. Thus. skills. and tasks.
3. Gift Giving and Bribery .
New Year. clients and business partners is a common practice in the business community.GIFT-GIVING Is merely an act of extending goodwill to an individual in an effort to share something with particular others. and sometimes even during birthdays. Giving It . gift to customers. is normally observed during special occasions like Christmas.
3. 4. . To show appreciation for a favor received To effectively establish goodwill with business partners.Reasons why business usually engage in gift-giving 1. To advertise To compete effectively against competitors 2.
The following are the common forms of Gift-Giving Samples Raffle Patronage awards coupons / certificates Rebates / cash refund Padding expense accounts Premiums Prizes (rewards) Tie-up promotions Allowance Free goods Tips .
The It . is indeed difficult to determine the morality of giving gift. clear point is that those who cross that line. end up in big trouble. between what is right and wrong. and knowing where to draw the line. is not always easy. intentionally or not.Is Gift-Giving Ethical or Unethical? Business gift of clients and business associates can raise conflict of interest problems.
but we may not always find it easy to determine what is and is not a bribe. Most agree that accepting and receiving bribe is a violation of professional ethics. all examples of giving and accepting gift and amenities qualify as bribery. Not . just as not all cases of taking another’s property should be considered theft.
7. 3. 4.Factors in Determining the Morality of Gift-Giving 1. Value of the gift Purpose of the gift Circumstances under which the gift was given or received Position between or relationship of the giver and receiver Acceptable business practice in the industry Company policy Laws and Regulations . 6. 5. 2.
is intended to induce people inside the business or other organizations to make decisions that would be justifiable according to normal business or other criteria. It It .BRIBERY It is defined as a practice of giving renumeration for performance of an act that is inconsistent with the work contract or the nature of the work one has been hired to perform. was the identified to be a form of corruption and is generally immoral and for most is illegal.
as bribes, can be in a form of money, gift, entertainment, or preferential treatment. of bribery:
A motorist offered a certain amount of money to a police officer in order not to be issued a ticket for speeding. A construction company shared percentage of its income to a civil servant in order to win a contract. A narcotics smuggler bribed a judge to lessen criminal penalties.
Bribery is obviously unethical because of the following reasons:
is generally used as an instrument to gain personal or corporate advantage. corrupts the concept of justice and equality
produces cynicism and a general distrust of institution
destroys people’s trust in the integrity of professional services, of government and the courts, of law enforcement, religion, and anything it touches. treats people as commodities whose honor can be bought and sold. It thus tends to degrade the respect we owe to other human beings.
4. The Morality of Advertising
Without Sometimes. even . advertising. Advertising plays a very significant role in marketing goods and services. the mere presence of advertising can sell a product due to consumer perception that a heavily advertised product is a product of “good value”. the consumers would not be aware of the presence of diverse products and services available in the market.
Philip Kotler . . or services by an identified sponsor” Wells and Burnett likewise defined advertising as: “paid non-personal communication from an identified sponsor using mass media to persuade or influence and audience” The primary purpose of advertising is to inform potential buyers of the availability of a certain product by providing relevant information on its uses. benefits and how it might serve the needs and wants of individuals.famous marketing guru . goods.defines advertising as: “any paid form of non-personal presentation and promotion of ideas.
and manipulative. advertising in itself is not bad or immoral since it helps achieve the goals of both the seller and buyer. only becomes immoral when. the use of advertising today has not been serving its intended purpose since very little information is conveyed to consumers and more often the information is not even useful. However. in the attempt to persuade consumers. the advertisements become deceptive. From It . misleading. the point of morality.
If an advertisement contains false statement and “lies”. There is only one criterion in evaluating the morality of advertising. An There . then it is said to be immoral. are also shortcomings to this approach since the truth in advertising can be contrasted with either falsehood or lying. advertisement that conveys truthful information is morally permissible. and that is “truth”. Lying is immoral while falsehood is not necessarily immoral.
or objects that can deceive our eye and mind. in this case. . lie. An example of this is one where pictures from the box of the product do not look the same as the contents of the product. individual words. or which represents the product without making any statement.Some Issues in Advertising Deceptive Advertising These are those which either make a false statement and therefore. This may not occur not only through sentences but also through pictures. the picture is said to be deceptive.
help prevent. Weasel words are used to avoid from a direct or straightforward statement. help stop Like. up to. fight. .Use of Weasel Words The use of weasel words is often complementary to ambiguity in advertising. as much as. are used to imply what cannot be said. One example of a commonly used weasel word is “Help” Help means to aid or assist. can be. We are usually accustomed to ads that contain phases like: help.
.” that it “upsets the stomach less frequently” or is “superior to any other nonprescription painkiller on the market” contradict evidence that all analgesics are effective to the same degree. This occurs when advertisements tend to make false claims of the benefits of the goods or services which is actually unsupported by valid evidences.Exaggeration Consumers might also be misled through exaggeration. For example. claims that a pain reliever provides “extra pain relief” or is “50 percent stronger than aspirin.
self-esteem and the most pervasive of all are sexual pitches. approval. personal enjoyment. masculinity. Richard F. femininity. and often should not have to be effective. curiosity. prestige.Psychological Appeals There are some advertisements that are directed at arousing human emotional needs rather than reason. Psychological appeal does not have to make sense. . acceptance. Taflinger defines psychological appeal as a visual or aural influence on subconscious mind and emotions. It influences by implying that doing what is suggested will satisfy a subconscious desire. imitation. Some psychological appeals that advisers use to motivate people to buy products are: power.
The aim of advertisers is for the children to pester their parents to buy things for them. Moreover.000 TV commercials every year. . Kids are the most pure consumers in that they tend to interpret ads literally. Children are special group of consumers who do not regard reason. The average child is exposed to more than 40. movies and television shows are being linked to the selling of toys and other items featured in commercials with character stamped on various products.Ads Directed at Children Most advertisers have recognized that advertising to children is effective and eventually became a big business recently. Children generally remember what they see.
the Department of Health is the agency that oversees these products With .Philippine Law on Advertising CONSUMER ACT OF THE PHILIPPINES Article 108 of the act declares that “The State shall protect the consumer from misleading advertisements and fraudulent sale promotion practices.” The Department of Trade and Industry is responsible for enforcing the provisions of the act. respect to food. drugs. devices and hazardous substance. cosmetics.
radio. outdoor advertisement.False. deceptive or misleading advertisement by Philippine mail or in commerce by print. television. Deceptive and Misleading Advertisement Article 108 states that : it shall be unlawful for any person to disseminate or to cause the dissemination of any false.” . or other medium for the purpose of inducing or which is likely to induce directly or indirectly the purchase of consumer product and services.
cosmetic. unless the product actually complies with the prescribed standard. device or hazardous substance that is false. merit. drugs. No claim in the advertisement should be made that is not contained in the label or approved by DOH It is unlawful to advertise any food. or deceptive. 3. . value. drugs. Where a standard has been prescribed for a food. misleading. Device or Hazardous Substance 1. quantity.Special Requirements for Food. composition. cosmetic. Drugs. or safety. or is likely to create an erroneous impression regarding its character. no person shall advertise any article or substance in a manner that is likely to be mistaken for such product. Cosmetics. or device. 2.
Device or Hazardous Substance 4.Special Requirements for Food. device. or hazardous substance may be allowed unless such product is duly registered and approved by DOH. 5. No advertisements for any food. . cosmetic. drugs. drugs. cosmetic. or hazardous substance may not make use of any reference to any laboratory report of analysis required to be submitted to the Department of Health. unless such laboratory report is duly approved by DOH. Drugs. Cosmetics. device. Advertisement of any food.
PANA issued a Code of Ethics which includes the following statement of general principles: The . advertisers formed the Philippine Association of National Advertisers (PANA). the PANA has been engaged in a continuing campaign to regulate abuses committed by untruthful advertisers.Philippine Association of National Advertisers (PANA) In 1958. Since then.
Good Good . Good advertising recognizes both its economic and social responsibility to help reduce distribution costs and to serve the public interest. advertising aims to inform the consumer and help him buy intelligently. Hence. it cannot permit those practices that tend to impair this confidence. advertising depends for its success on public confidence.
Good Good . honest. Good advertising tells the truth. and trustworthy. advertising conforms not only to the laws but also to the generally accepted standards of good taste and decency and to moral and aesthetic sentiments of the country. advertising seeks public acceptance on the basis of positive and constructive statements. It is accurate. rather than by the disparagement of competition. made on the merits of the product or service advertised.
advertisement does not allow any activity that involves the exploitation of the goodwill, attached to any other firm, product or service. It does not imitate or stimulate trademarks, firm names, packages, labels and such advertising devices as illustration, copy, layouts, or slogan. advertising helps to dignify the individual and contribute to the building of a civilized society.
5. Office Romance
says that somewhere from 25-33 percent of the employees at a given company have had office romances once in their careers. three-fourths of the people in the survey believe that a romance at the office is acceptable. believe that it is uncalled for and unprofessional to mingle romance with business purposes.
romance is likely to happen as long as men and women work together. romantic relationship.What is Office Romance? It is defined as a relationship between two people who are employed by the same organization. It Office . is characterized by mutual attraction between the parties and a desire for a personal.
they This . do not want a workplace where employees are uncomfortable to work. is why a lot of companies come up with a policy that covers office romances and educate all employees or the guidelines and effects through trainings and seminars. management does not want to interfere unduly with their employee’s personal life and their right for privacy.The Company’s Stand The company is trapped in the middle of office romances present in the organization. Top Conversely.
Love and companionship in the office give the employees the relief and reason to overcome problems that come along their way. and other personal experiences. Employees tend to view work as fun even when pressures begin to pile up. Employees involved in a love relationship overcome rough times at work because of mutual support and inspiration. Romance becomes the reason to keep their jobs. mutual support to each other at work.Benefits of Office Romance These benefits include friendship. .
Disadvantages of Office Romance Damaged Disturb professional reputations co-workers in productivity Changes Dating the boss affairs Extramarital .
Others are in favor of the positive effects of office romance.Ethical Issues in Office Romance Interventions Some companies want to restrict their employees to engage in office romance. in order to respect the rights of all members of the organization. Policies regarding office romance need to be decided with vigilant thought and prudence. but may want to lessen the bad effects. this risks legal encounters. Legal / Ethical Considerations When one or both involved parties are required to leave the company. . For example: some companies may allow relations between coworkers with the same rank.
a harassment. while another may consider it offensive and therefore. may try to revive. or would want to remove the other person involved. One may consider flirting acceptable which may eventually lead to a romance. There may be misinterpretation on the part of each party. One of the persons involve in a failed romance may seek vengeance. . Sexual Harassment Sexual harassment may sometimes arise when a bad workplace romance is terminated. There are few reasons why this issue may exist.
6. The Problem of Fair Pricing .
though some factors are considered such as: a) The cost of material b) Operating and marketing expenses c) A reasonable profit margin These factors constitute to set price fairly though it is not enough to provide a precise answer on what a fair price is. a fair price is one that man has not yet resolved. One should assess the factors on which the price is based and the processes that determine it. . In general.
E. B.Ethical Issues in Fair Price A. . True cost of the product is concealed Suggested retail price Use of electronic scanners Promotional pricing Follow the leader pricing Price gouging Price fixing The “Suki” system of the Filipino business compromises the fair price of a regular customer from the new ones. F. C. D. G.
Trade Secrets and Corporate Disclosure .7.
These includes essentially any confidential business information such as customer lists. That piece of information allows the company to compete effectively. employee data. Examples of trade secret include customers identities and preferences. vendors. manufacturing processes. company finances. marketing strategies. and documents memorializing important negotiations . and other competitively valuable information. product pricing. financial information.TRADE SECRET A trade secret is the legal term for confidential business information. production cost or sales data.
Trade Secret Act The Trade Secret Act prevents wrongful taking of confidential or secret information. of trade secret information. wrongful taking. Trade For . and other illegal matters. the taking of information would be wrongful when the taking is a breach of contract. A wrongful taking can occur in a variety of manners. example. secret law prevents misappropriation. theft. breach of fiduciary obligation.
A transaction is considered fair if the person has the appropriate information needed for the transaction .CORPORATE DISCLOSURE According to De George: The moral basis for corporate disclosure rests primarily on the following arguments: 1. The first basis speaks of information required for a fair transaction. Each person has the right to the information he needs to enter into a transaction fairly.
As stated in the law. But a person is permitted to do something that “might” cause others harm. . Each person has the right to those actions of others that will seriously and adversely affect him or her.2. it is clear that a person is not morally permitted to harm others. The second basis speaks of the moral responsibility of the person.
8. Product Misrepresentation .
2. Unintentional misrepresentation – a scenario whereby the person is not aware and does not deliberately act on misrepresenting things. . It is a situation where the person involved believes that it is the right and acceptable things to do. commonly known as lying. Intentional Misrepresentation – a scenario whereby the person is fully aware or deliberately misrepresents things. It is commonly called as white lie.Misrepresentation Misrepresentation is observed when there is a transformation of information to misinformation. There are two types of misrepresentation: 1.
It happens when somebody tries to convince others with untrue statements. . St. Augustine defines lying as: A speech that is contrary to what the person is thinking with the intention to deceive. do not believe in.Definition of Lying Lying can be defined as the act of making others believe something that they. themselves. takes place when the person’s action are not in congruence with his thoughts with the intention to deceive others. A lie therefore.
. Statement like: I was at the office around 8:00 a. This is often observed in advertising a product to be the “best-seller” brand.m. is the act of making a statement from which false conclusions may be drawn eventually misleading others.Types of Lying Use of ambiguous terms It Use of false statements It is the act of deliberately using vague terms or open-ended statements that can have several meanings to mislead people that one is telling the truth.
. This act is sometimes observed in some crime scenes wherein a witness conceals he truth for the sake of his own security.Type of Lying Through action It Suppression of correct information It is a type of lying where the person gets caught in the act of wrongdoing. Example: when someone is caught red-handed of stealing and still denies the accusation is an intentional or unintentional act of hiding the correct information which eventually mislead others.
It is characterized by omitting adverse information about the product or service. 2. It is passive deception and not as obvious compared to direct misrepresentation. Indirect misrepresentation . Direct misrepresentation It is characterized by actively misrepresenting something about the product or service. But it still contributes to the impression that businessmen are liars and are out to make quick moey. It gives the business a bad name because deception and lying are used in the process of selling the product to the customers.Business Practices Involving Misrepresentation and Lying Other Type of Misrepresentation 1.
Some examples of misrepresentation Direct Misrepresentation Deceptive Indirect Misrepresentation Caveat packaging Adulteration Misbranding or mislabeling Short weighing Short-changing Short measuring Short numbering Misleading advertisement Emptor (let the buyer beware) Deliberately withholding information Business ignorance .
9. The Morality of Labor Strike .
regardless of the origin of the dispute.Strike Action or Strike It describe collective action undertaken by groups of workers in the form of a refusal to perform work. This In . an ordinary usage. the term strike is often used to describe all work stoppages. is a tactic often employed by labor unions during collective bargaining with an employer.
hours. sanitation. and safety.Workers go on strike for different reasons: For higher compensation To improve the workplace For shorter working days To stop their wages from going down For more benefits Because they think their company has been unfair Conditions for employment include wages. . and several other circumstances that affect the work of the workers.
.What are the Basic Rights of Employees? LABOR This CODE OF THE PHILIPPINES is an act to strengthen the constitutional rights of workers to self-organization and free collective bargaining and to penalize unfair labor practices.
typically throughout an entire country or a large section thereof. . but refuse to work. It may include preventing transports from entering or living in an institution or a company. is a strike affecting all areas of a labor force across many industries.TYPES OF STRIKE Sit-down Strike This General Strike This is a strike in which workers show up to work.
. refers to a concerted refusal to work undertaken by a union to assert its members’ right to particular job assignments and to protest the assignment of disputed work to members of another union or to unorganized workers.TYPES OF STRIKE Sympathy Strike This Jurisdictional Strike This is a strike initiated by workers in one industry and supported by workers in a separate but related industry.
or without a unon. .TYPES OF STRIKE Economic Strike This Wildcat Strike This is based on a demand for better wages or benefits than the employer wants to provide. is against the will of the leadership of the union.
. is a kind of strike forcing employers to recognize and deal with them.TYPES OF STRIKE Slow down Strike This Recognition Strike This is a form of work stoppage in which employees deliberately reduce their individual production.
employee has a right to withhold his labor services from an employer if he does not like the pay and benefits the employer offers.Is There a Right to Strike? The right to strike is integral to the process of wage bargaining in an industrial economy. Any Workers . who are willing to work for a strike and the employer who wishes to hire them have a legitimate right to do so.
10. Whistle-Blowing .
Whistle-blower This is someone in an organization who witnesses behavior by members that is either contrary to the mission of the organization. or threatening to the public interest.Whistle-Blowing This is the disclosure by an employee of confidential information which relates to some danger. or other illegal or unethical conduct connected with the workplace. fraud. . and who decides to speak out publicly about it. be it of the employer or his fellow employees.
Are in violation of human rights. . Run counter to the defined purpose of the institution or organization. or officer of any institution who believes that he has been ordered to perform some act or he obtained knowledge that the institution is engaged in activities which: a) b) c) d) Are believed to cause unnecessary harm to third parties. and Informs the public of this facts.Whistle-blower He is a person. employee.
It is going “over the head of immediate supervisors to inform higher management of the wrongdoing. public interest groups. . or non-government organization.” occurs outside the organization. regulatory body. It is revealing illegal and immoral activities within the organization to outside individuals or groups such as media men.Types of Whistle-Blowing Internal Whistle-Blowing This External Whistle-Blowing This occurs within the organization.
B.Kinds of External Whistle-blowing A. D. Open – whistle-blower discloses his identity Anonymous – whistle-blower who does not disclose his identity. Current – those who blow the whistle on present employers. C. Alumni – those who blow the whistle on former employers. .
External Whistle-Blower External whistle-blowers experience each of the following forms of retaliation: Lost their job or were forced to retire Received negative job performance evaluations Had work more closely monitored by supervisors Were criticized or avoided by co-workers Were blacklisted from getting another job in their field .
Internal Whistle-Blower Internal whistle-blowing produces less retaliation but also experience severe emotional effects of their whistle blowing activity: Severe depression on anxiety Feeling of isolation or powerless Distrust of others Declining physical health Severe financial decline Problems with family relations .
11. Multi-level Marketing (MLM) and Pyramiding .
recruit others to help them.Multi-Level Marketing Multi-level marketing is a system of selling in which one signs up other people to assist him. and they in turn. It Each . is a system of selling through many levels of distributors. This is also known as direct selling companies. thus the word “multi-level Marketing” gets a percentage on the price of the product being sold.
Common companies of this type are: Avon Cosmetics Triumph International Sara Lee Direct Selling Tupperware Phils. . Most became successful because the main focus of their activities is the product sale.
The . participants attempt to make money solely by recruiting new participants into the program. hallmark of these schemes is the promise of skyhigh returns in a short period of time for doing nothing other than handling over your money and getting others to do the same.Pyramiding In the classic “pyramid” scheme.
At Each . Pyramid schemes focus on the exchange of money and recruitment. person you bring to your pyramid is promised future monetary rewards or bonuses based on your advancement up the structure. the heart of each pyramid is typically a representation that new participants can recoup their original investments by inducing others to make the same investments.
The fraudsters behind the pyramid scheme may go to great lengths to make the program look like a legitimate Multi-level marketing program. the promoter cannot raise enough money from new investors to pay earlier investors. Many losers pay for a new winners. lose their money. and many people except those at the very top of the pyramid. But despite their claims to have legitimate products or services to sell. these fraudsters simply use money coming in from new recruits to pay off early stage investors. . But eventually the pyramid will collapse. At some point the schemes get too big.
the 13th level they need to have 13 billion new recruits which is impossible to sustain the pyramid. Pyramid It operates on recruitment. At . starts with one person that encourages six participants to join. The 6 recruits will again get six to join making the number involved 36 and will recruit and recruit till they reach 1296 participants in the pyramid. The pyramid will collapse when no new participants can be recruited.
The Difference between Multi-Level Marketing and Pyramid .
2. reasonably priced quality products. 3. 5. No training program. . Services legitimate economic function such as a channel of distribution for relatively small or new companies with excellent products. No legitimate economic function such as no economic benefits. Provides training program. Legal 2. 3. 4. Income generated only on product sales. 5. Consumable. 1. but a mere transfer of money from one person to another without legitimate business. Few retail sales and high cost. slower moving products. Illegal Income is generated solely on the process of recruiting others into the pyramid.MULTI-LEVEL MARKETING (MLM) PYRAMID 1. 4.
Largely. 9.Bonus entitlements are based on goods absorbed by members within the structure. Enormous efforts to sell are exerted. Bonuses are based on sales to final users who are not members of the scheme. products are sold to the consuming public. 6. Products are consumed internally within the organization. 8. Recruitment is optional. 10. Recruiting participants get benefits from recruitment.MULTI-LEVEL MARKETING (MLM) PYRAMID 6. 7. 7. . Sponsoring participants earn nothing by mere sponsoring. 9. Earning are tied to the act of recruitment. Little effort or no effort is being made to sell to the public. 8. Earnings are ultimately tied to product consumption of end users. 10.
if the answer to any of these statements is no. then beware. to them.You might just be a victim of a pyramiding scam. According . The Direct Selling Association of the Philippines or DSAP presented the final 8-point test to determine a pyramiding company.
Is there a compelling reason to buy the products being offered? 5. Is there and intent to sell the products? 3. If recruitment is to be stopped today. Is there a product return policy? 6. Is there a correlation between recruiting and distributor’s commissions? 8.1. Will you receive commission on the joining fees of your prospects? 7. will participants still make money? . Are there legitimate products? 2. Do the products have fair market value? 4.
It is designed to recruit so many salespeople. a human “churning” machine with no “off button”. time and entrepreneurial energy of the wellmeaning who joined to supplement their income. who in turn will attempt to recruit more salespeople. It is unstoppable. Pyramid’s design can saturate the market with no one noticing.Market saturation: An inherent problem in a pyramid. the only money that may be made isn’t from the product or service but from the losses of people down the organization . its gears will grind up the money. When the inevitable destiny occurs. and so on until the market is saturated. Out of control by design.
making them believe that they are a legitimate MLM. Too much materialism and greed. 2. intentions are bad. The . 3.Moral issues in pyramiding 1. They con the public.
53 states of RA 7394 (the Consumer Act of the Philippines) that chain distribution plans or plans or pyramid sales shall not be employed in the sale of consumer products. Art. .Legal Issues of Pyramiding The Department of Trade and Industry or DTI can take action under two existing laws. RA 3883 or Business Name Law which empowers DTI to cancel license of any business which does not conform with the registered business name or style.
.Tips to consider when you make your decision before joining a plan: 1. of plan that claim to sell miracle products or promise enormous earnings. Ask the promoter of the plan to substantiate claims with hard evidence especially when the claims abut the product or your potential earnings seem to good to be true. Consult 2. Just because a promoter of a plan makes a claim doesn’t mean it is true. Beware the 8 point test presented in this chapter.
Do not pay or sign any contract in an “opportunity meeting” or any other high-pressure situation. 4. Insist on taking your time to think over a decision to join. . doesn’t create new wealth.3. Remember that no amount of personal testimonial and affirmation that there is money to gain in pyramiding will dispute the fact that pyramiding. The only wealth gained by any participant is a loss by another participant.
Unfair Competition .12.
Some . Thus. practices include under cost selling or selling their products below cost just to get rid of their competitors.Is competition good or bad? Competition is healthy and can be a motivation for firms to produce better products or offer better services. firm can just relax and quality will Without suffer. competition becomes bad only when it eliminates a competitor like in cutthroat competition. competition.
as a market situation where there is only one provider of a kind of product or service. .Different Kinds of Competition Monopoly Defined Oligopoly A situation where there are few sellers for a product or service. It is and extreme type of imperfect competition characterized by an lack of competition and a lack of viable substitute goods. It is a type of imperfect competition where they can not dictate price like a monopoly can but the members of an oligopoly often turn into friendly competitors. since it is in all the members interest to maintain a stable market and profitable prices.
the prices will go the same way . The prices are dictated by the law of supply and demand which states that when the supply is scare.Different Kinds of Competition Perfect Competition It is a situation in which no firm or consumer is large enough to dictate prices. the prices go up and when the demand goes down.
In a business competition.Difference Between a War and Competition In a war. In short. competition is a rivalry to serve the customer . two or more parties are vying for the opportunity to provide the customer’s needs whether it’s a product or service. two contenders fighting hurl directly at each other.
. Unfair competition is unethical business practice.Difference between Fair and Unfair Competition Fair competition is doing business under ethical rules of conduct. Doing business with the goal of profit without regard to others. Attaining success in business through the merits of its products or services. behavior and judgment.
. Violation of intellectual property right such as copyrights. Defamation of a competitor or badmouthing a competitor to a consumer. Caveat emptor or indirect misinterpretation by withholding information from the buyer.In general. patents. Anti-competitive market practices such as under cost selling to kill the competitor. trademarks and service marks. Business interference to prevent competitor from continuing with it’s business process or business contract. unfair competition consists of: Deceptive trade practices such as misinterpretation and false advertising.
facilitate transfer of technology. . attract foreign investments. and ensure market access for our products. 8293) It aims to provide an intellectual property and industrial property system which will enhance the development of domestic and creative activity.A.Government Measures: The Intellectual Property Code of the Philippines (R.
This article states that a person who has identified in the mind of the public the good he manufacturers or deals in. service marks. has property right in the goodwill of the said goods identified. his business from those of others. Article 168 of R. and trade names.A. and will protected as any other property rights. 8293 is specifically about unfair competition on the use of trademarks. . whether or not a registered mark is employed.
either in the goods themselves or in the wrapping of the packages. which would likely influence buyers to believe that the products being offered are those of a manufacturer or dealer other than the actual manufacturer. Any person who is selling his goods and gives the general appearance of the goods of another. .The following shall be deemed guilty of unfair competition: A.
by any artifice. induces the false belief that such person is offering the services of another who has identified such services in the mind of the public. services. . Any person who shall make false statement in the course of trade or shall commit any other act in bad faith to discredit the goods. Any person who.B. or device. C. or business of another.
13. Money Laundering .
fraud. racketeering. drug trafficking. Money laundering occurs in connection with a wide variety of crimes. and terrorism.What is Money Laundering? Money Laundering is the process of disguising illegally obtained money so that the funds appear to come from legitimate sources or activities. including illegal arms sales. The principal objective of money laundering is to convert cash to some other form of asset to conceal the illegal sources or origin of cash income. robbery. .
needed to show a legitimate source for these monies. The Term "money laundering” is said to originate from Mafia ownership of Laundromats in the United States. prostitution. and bootleg liquor. Gangsters They . there were earning huge sums in cash from extortion. gambling.
Estimated Clearly . It is also clear that money laundering extends far beyond hiding drug profits. This is a staggering amount and detrimental by any calculation to the financial systems involved. the problem is enormous. One of the ways in which they were able to do this was by purchasing outwardly legitimate business and by combining their illicit earnings with the legitimate earnings they received from these businesses. size of the money laundering problem totals more than $500 billion annually worldwide.
It basically involves three independent steps that often occur simultaneously: 1.physically placing bulk cash proceeds. . It is during the placement stage that physical currency enters the financial system and illegal proceeds are most vulnerable to detection. Placement .Money Laundering Process Money laundering is a diverse and often complex process.
. Layering – separating the proceeds from criminal activity from their origins through layers of complex financial transaction. illicit funds are integrated with monies from legitimate commercial activities as they enter the mainstream economy. During the final stage in the laundering process.2. 3. Integration – providing an apparently legitimate explanation for the illicit proceeds. Layering describes an activity intended to obscure the trail which is left by “dirty” money.
Organized The . and ultimately the democratic institutions of society. if left unchecked or dealt with effectively. economic and political influence of criminal organizations can weaken the social fabric. or bribes to public officials. crime can infiltrate financial institutions. acquire control of large sectors of the economy through investments. are serious. collective ethical standards.Impact of Money Laundering in Society The possible social and political costs of money laundering.
money laundering is inextricably linked to the underlying criminal activity that generated it. Organized . Laundering enables criminal activity to continue. Laundered funds provide financial support for drug dealers. terrorism. money laundering has devastating social consequences. Most fundamentally. and arms dealers and other criminals to operate and expand their criminal empires.
Entry of cash into the financial system 2.How can the Government prevent it? The Financial Action Task Force (FATF) on Money Laundering has identified certain “choke” points in money laundering process that the launderer finds difficult to avoid and where he is vulnerable to detection. The Choke points identified are: 1. Transfer to and from the financial system Cross-border flows of cash . 3.
And law enforcement experts from its members. The FATF monitors members progress in implementing anti-money laundering measures. financial. reviews and reports on laundering trends. . and counter-measures and promotes the adoption and implementation of FATF anti-money laundering standards globally.Financial Action Task Force (FATF) The role of Financial Action Task Force (FATF) is a multiple disciplinary body that brings together the policy-making power of legal. techniques.
Conflict of Interest .14.
It means something more than individual bias. that could be directly affected by the work of the committee. Applies not only to the personal financial interest of the individual but also to the interest of others with whom the individual has substantial common financial interest if these interests are relevant to the functions to be performed. ordinarily financial.Conflict of Interest This occurs when a person act in a way that is to his advantage at the expense of the employing organization. Applies only to current interests. . There must be an interest. Does not apply to past and future interests.
Self. you work for the government and use your official position to secure a contract for a private consulting company you own. Accepting Benefits Bribery example. . you are the purchasing agent of your department and you accept a case of liquor from a major supplier. Another instance is using your government position to get a summer job for your daughter is one example. substantial gifts are another. For example.Types of Typical Conflict of Interest 1.Dealing For 2.
while in the second. it does not . This could be as obvious as stealing office supplies for home use. Influence Peddling Here.Types of Typical Conflict of Interest 3. In the first case. Or it might be a bit more subtle. say. using software which is licensed to your employer for private consulting work of your own. Using your employer’s property for private advantage professional solicits benefits in exchange for using her influence to unfairly advance the interest of a particular party. the employer’s permission eliminates the conflict. the 4.
. is a risky situation can be one in which a person who resigns from a public or private employment and goes into business in the same area. Outside employment or Moonlighting An 6. Post-employment Here example would be setting up a business on the side that is in direct competition with your employer.Types of Typical Conflict of Interest 5.
to provide a special advantage to a spouse or child. There is a private or personal interest. Conflict of interest interferes with professional responsibilities in a special way. namely. but it could also be another sort of interest. .Key Elements: 1. 2. Often this is a financial interest. say. by interfering with objective professional judgment.
Inside Trading .15.
Inside Trading This refers to the significant facts that have not yet made public and are likely to affect stock prices. is being prohibited by the rules and regulations of the Security and Exchange Commission (SEC) It .
the issuer a director or officer of. officer of an exchange. . A person who learns such information by a communication from any of the foregoing insiders. 2. clearing agency and/or self-regulatory organization who has access to material information about an issuer or a security that is not generally available in public. 3. 4.SEC defines insider as: 1. gives or gave him access to material information about the issuer or the security that is not generally available to the public A government employee. or a person controlling the issuer.
The . at the expense of the firm.Moral Arguments De George cites 2 aspects of this particular problem: 1. (breach of loyalty) 2. (conflict of interest) use of information by someone within the firm to secure personal advantage over those not in the firm. One is that of someone within the firm using information for his own private gain.
It It .Ethical Issues Relating to Insider Trading It violates fiduciary relationships b/w insiders and outside clients. promotes greed and personal gain at the expense of others. renders the transaction b/w two contracting parties as unfair.
they may seriously damage its interests. which is central to business management. She contends by saying that employees have a duty to act in the interests of the firm and its shareholders. Professor Jennifer Moore argues that insider trading is wrong because it undermines the fiduciary relationship. Indeed. but many ways of profiting from insider information do not benefit the company at all. .
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