Professional Documents
Culture Documents
Social Responsibility
Module 2
Ethics and Business
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Introductory Message
As you read through this module, you will notice the following icons. They will
help you find your way around the module more quickly.
Lesson
The Role of Business in Social and
1 Economic Development
The nature and forms of business organizations
The 4 Major Business Organization Forms
sole proprietorship
partnership
corporation
Limited Liability Company, or LLC. Below, we give an explanation of
each of these and how they are used in the scope of business law.
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Sole Proprietorship
The simplest and most common form of business ownership, sole
proprietorship is a business owned and run by someone for their own
benefit. The business’ existence is entirely dependent on the owner’s
decisions, so when the owner dies, so does the business.
Disadvantages:
Partnership
These come in two types: general and limited. In general partnerships, both
owners invest their money, property, labor, etc. to the business and are
both 100% liable for business debts. In other words, even if you invest a
little into a general partnership, you are still potentially responsible for all its
debt. General partnerships do not require a formal agreement—
partnerships can be verbal or even implied between the two business
owners.
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Advantages of partnerships:
Disadvantages:
Corporation
Corporations are, for tax purposes, separate entities and are considered a
legal person. This means, among other things, that the profits generated by
a corporation are taxed as the “personal income” of the company. Then,
any income distributed to the shareholders as dividends or profits are taxed
again as the personal income of the owners.
Advantages of a corporation:
Disadvantages:
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Limited Liability Company (LLC)
Similar to a limited partnership, an LLC provides owners with limited liability
while providing some of the income advantages of a partnership.
Essentially, the advantages of partnerships and corporations are combined
in an LLC, mitigating some of the disadvantages of each.
Advantages of an LLC:
Disadvantages:
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e.g. the want for food in a famine. But it’s the action of businesspeople that
converts this potential want into demand. In other cases the want have
been unfelt by the customer, nobody wanted a computer until it was
available. Or there might have been no want at all until business action
created it (e.g. by innovation or by marketing). In every case, it is business
action that creates the customer. The customer determines what a
business is; it is his willingness to pay for a good or service that converts
things into goods. Because its purpose is to create a customer, a business
enterprise has
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customer buy? E.g. a man who buys a new Cadillac probably buys
primarily prestige, not transportation. The question “What is our business”
is, if it is asked at all, mostly asked when the company is in trouble. But the
most important time to ask (and answer) the question is when a company
has been successful. Success creates new realities; it always creates new
problems. Further more it is not enough to answer the question just once.
Sooner or later even the most successful answer becomes obsolete.
Therefore management also needs to add “and what will it be?
” What changes in the environment are likely to have high impact on our
business? Starting point is again the market and its potential and trends,
e.g. changes in population structure and population dynamics. Population
shifts are the only events regarding the future for which true prediction is
possible and are therefore important. Another question management has to
ask is which of the consumer’s want are not adequately satisfied by
existing products. Companys that ask and answer this question correctly
can grow; the others depend for their development on the rising tide of the
economy or industry, but they will also fall with it. The next question a
manager needs to ask is “What should our business be”? What
opportunities do we have? Beside the decision on new and different things
to do, all existing products have to be systematically analysed if they still fit
the purpose. Otherwise they should be abandoned or at least putting in
further resources and
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5. Objectives are needed in all areas on which the survival of the business
depends.
: • Marketing
• Innovation
• Human Resources
Financial Resources
• Physical Resources
• Productivity
• Social Responsibility
• Profit requirements
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250, and with more competition the market is more likely to grow from 100
to 250.
The market standing to aim is not the maximum but the optimum.
• innovation in the skills and activities to make the products and services
and to bring them to market.
• capital resources
• physical resources (land) There must be objectives for their supply, their
employment and their development.
The key questions are how to attract and to hold the kind of people we
want? How to attract and hold the capital we need?
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responsibility to the enterprise. Profit as a Need and a Limitation Profit is
needed to attain the objectives of the other 7 areas. It is a condition of
survival. A business needs profit planning. But instead of planning a “profit
maximisation” the minimum needed to satisfy its objectives should be
planned. A business that obtains enough profit to satisfy its objectives in all
key areas has the means of survival. In most areas we only know that
something ought to be done. We are reduced to statements of intentions,
we can not define specific goals and we can not measure if we have
attained them. But enough is known about each area to give a progress
report at least. Objectives have to be transformed into work. Work is always
specific and has measurable results. Because objectives are always based
on expectations which lie outside the business and are not under control,
objectives are just directions and should not become a
Lesson 1 Self-Check
Required: Identification
(3) A legal entity that is separate and distinct from its owners.
(7) The profits of the LLC are shared by the owners without double-
taxation.
(9) Beginning an LLC has high costs due to legal and filing fees.
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(10) All profits are subject to the owner.
Lesson II
Core Principles of Good Corporate Governance
Corporate governance is the structure through which companies are directed and
managed. Good corporate governance requires effective and clearly detailed
processes for ensuring accountability, transparency, documented policies and
procedures and sound decision-making. It should ensure that a company is
performing at or near its peak and that all stakeholders are playing a role in the
company's success.
Accountability
Transparency
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clarity on processes and expectations. When policies and procedures are
documented, it helps reassure employees that the company is in compliance with
all legal and regulatory requirements, establishing a framework through which the
organization can operate seamlessly and successfully.
Sound Decision-Making
Key Points
Key Terms
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Ethics: A Brief Definition
Ethics is the branch of philosophy concerned with the meaning of all aspects of
human behavior. Theoretical ethics, sometimes called normative ethics, is about
delineating right from wrong. It is supremely intellectual and, as a branch of
philosophy, rational in nature. It is the reflection on and definition of what is right,
what is wrong, what is just, what is unjust, what is good, and what is bad in terms of
human behavior. It helps us develop the rules and principles (norms) by which we
judge and guide meaningful decision-making.
Business Ethics
There are three parts to the discipline of business ethics: personal (on a micro
scale), professional (on an intermediate scale), and corporate (on a macro scale). All
three are intricately related. It is helpful to distinguish among them because each
rests on a slightly different set of assumptions and requires a slightly different focus
in order to be understood.
Key Points
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Key Terms
deontological: Relating to the the normative ethical position that judges the
morality of an action based on the action’s adherence to rules or obligations
rather than either the inherent goodness or the consequences of those actions.
communitarian: Pertaining to the idea that a given group is of central
importance.
utilitarian: Relating to the ethical point of view that the greatest good for the
greatest number of people is ideal.
thics are a central concern for businesses, organizations, and individuals alike.
Behaving in a way that adds value without inappropriate conduct or negative
consequences for any other group or individual, organizational leaders in particular
must be completely aware of the consequences of certain decisions and
organizational trajectories, and ensure alignment with societal interests.
Utilitarian Approach
Perhaps the cleanest and simplest perspective on ethical behavior, a utilitarian will
always ask one question: what is the ideal outcome for the highest number of
people? This approach simply considers the impact of ones actions on others, and
tries to ensure that the best outcome for the most people is what ultimately occurs.
While this outcome-based reasoning is quite useful, it has one fatal flaw. The
definition of ‘best’ when discussing what’s best for the most people can become
quite subjective. As a result, when utilizing this ethical reasoning to make decisions,
it is important to set terms and create definitions that enable the reasoning to have
applicable and measurable logic. Simply put, one must ensure they define their
terms, and what they mean by good, when pursuing this ethical line of reasoning.
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Deontological Approach
Popularized by Emmanual Kant, the central term in this point of view is duty. Kant
disliked the concept of utilitarianism for one simple reason: the ends should not
justify the means. Indeed, Kant’s ethical argument is that moral maxims of respect
for one another and appropriate behavior serve as a groundwork for all ethical
reasoning. It is these core concepts which can never be sacrificed for the greater
good.
Virtue Ethics
Popularized by Greek philosophers such as Aristotle, this point of view assumes that
virtue is a central benchmark for all ethical behavior. What is meant by virtue in this
context is a desire to perform a certain act as a result of deep contemplation on the
value of that act. To make this act virtuous is to perform it with excellence. As a
result, we have a deep contemplation of the value of a certain behavior or decisions,
which we apply great practice and consideration. Following this, we can approach
the perfect execution of that act or behavior through our rational minds.
Communitarian Ethics
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Key Points
Key Terms
Structure
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Equipping organizations with these four components can alleviate much of the
burden on the individual, and enable each employee to learn what is appropriate
(and what isn’t).
Motivation
Whistleblowing, for example, is a practice that gets quite a bit of both positive and
negative media attention. Whistleblowers are individuals who identify unethical
practices in organizations and report the behavior to management or the authorities.
A whistleblower who behaves honestly, reporting a problem accurately, should be
rewarded for their bravery and honesty, as opposed to punished and ostracized. If
an employee is blowing the whistle, it is likely that the organization itself has failed to
empower and positively reinforce honest and ethical discussions internally.
Professionalism
Finally, some aspects of individual ethics are rooted in the individual. Attaining a
strong sense of professionalism, and recognizing the ethical implications of certain
professional decisions, is a key component of education, individual reflection, and
experience. For some professions it is even more critical and relevant than others.
Journalists, for example, could easily attain higher notoriety for making up false
stories about celebrities to gain traffic to their news website. But an ethical journalist
recognizes the repercussions of slander for the individual being discussed, and
maintains an honest ethical code of reporting only what they know to be true (and
not what they speculate). Psychologists will maintain patient privacy, understanding
the repercussions of leaking personal information about their patients.
There are many potential examples, but the primary point is that professionals
understand the their field deeply, including the repercussions of making ethical
mistakes.
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Key Points
Key Terms
The 2008 financial crisis caused critics to challenge the ethics of the executives in
charge of U.S. and European financial institutions and regulatory bodies. Previously,
finance ethics was somewhat overlooked because issues in finance are often
addressed as matters of law rather than ethics. Fairness in trading practices, trading
conditions, financial contracting, sales practices, consultancy services, tax
payments, internal audits, external audits, and executive compensation also fall
under the umbrella of finance and accounting. Specific corporate ethical/legal
abuses include creative accounting, earnings management, misleading financial
analysis, insider trading, securities fraud, bribery/kickbacks, and facilitation
payments.
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Human resource (HR) management involves recruitment selection, orientation,
performance appraisal, training and development, industrial relations and health and
safety issues. Discrimination by age (preferring the young or the old), gender, sexual
orientation, race, religion, disability, weight, and attractiveness are all ethical issues
that the HR manager must deal with.
Ethics in marketing deals with the principles, values, and/or ideals by which
marketers and marketing institutions ought to act. Ethical marketing issues include
marketing redundant or dangerous products /services; transparency about
environmental risks, product ingredients (genetically modified organisms), possible
health risks, or financial risks; respect for consumer privacy and autonomy;
advertising truthfulness; and fairness in pricing and distribution. Some argue that
marketing can influence individuals’ perceptions of and interactions with other
people, implying an ethical responsibility to avoid distorting those perceptions and
interactions.
Marketing ethics involves pricing practices, including illegal actions such as price
fixing and legal actions including price discrimination and price skimming. Certain
promotional activities have drawn fire, including greenwashing, bait-and-switch,
shilling, viral marketing, spam (electronic), pyramid schemes, and multi-level
marketing. Advertising has raised objections about attack ads, subliminal messages,
sex in advertising, and marketing in schools.
Business ethics usually deals with the duties of a company to ensure that products
and production processes do not needlessly cause harm. Few goods and services
can be produced and consumed with zero risk, so determining the ethical course can
be problematic. In some cases, consumers demand products that harm them, such
as tobacco products. Production may have environmental impacts, including
pollution, habitat destruction, and urban sprawl. The downstream effects of
technologies such as nuclear power, genetically modified food, and mobile phones
may not be well understood. While the precautionary principle may prohibit
introducing new technology whose consequences are not fully understood, that
principle would have prohibited most of the new technology introduced since the
industrial revolution. Product testing protocols have been attacked for violating the
rights of both humans and animals.
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Key Points
From a common sense perspective, you tend to get what you give. Treating
employees in a way that empowers a sense of fairness and equity is a critical
component to motivating positive employee behaviors.
There are three useful frames of reference when considering organizational
fairness: distributive justice, procedural justice, and interactional justice.
Distributive justice is simply the process of making sure an employee’s
production output aligns with his or her compensation.
Procedural justice focuses on allowing all participating employees to have input
and accountability when designing operational processes.
Interactional justice comes in two parts. The first is ensuring that employees
are treated in a socially positive and constructive manner. The second is
ensuring nobody is left in the dark when important decisions are made.
Building the above concepts successfully into an organizational norm avoids
productivity problems and empowers motivation, citizenship, and commitment.
Key Terms
Organizational Justice
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In answering these questions, there are three useful perspectives one can adopt in
considering fairness in the organization:
Distributive – Simply put, the distribution of resources should align with the
value of an individual’s inputs. Of course, this is more complex than salary. As
a manager, ensure that credit, bonuses, and benefits are also distributed fairly.
Procedural – Employees don’t only want compensation. They also need input
into the process, and shared accountability in the decisions being made. When
designing the procedure of a given work group, inclusion of everyone’s
perspectives can lead to substantially higher satisfaction, efficiency, and
fairness.
Interactional – All members of an organization must both be treated
appropriately (from a social frame) and informed respectfully (from an
informational frame). In short, employees should be treated with propriety in
discussions and shouldn’t be left in the dark when important decisions are
made.
Implications of Fairness
There are many overt and subtle outcomes of treating employees equitably. The
simplest examples of positive results due to a strong sense of ethical fairness in an
organization include:
Higher Performance and Efficiency – People feel their input is aligned with their
compensation
Commitment – Happy employees tend to stick around.
Citizenship – If there is inequity in how people are treated, it tends to divide
them. This is incredibly dangerous, and can quickly erode the positive benefits
of looking out for one another.
Avoiding Counterproductive Behavior – In short, dissatisfied employees are
more prone to working against the established goals of the organization.
Behaviors such as not doing certain tasks or helping certain work-groups can
quickly become a source of inefficiency.
Absenteeism – Sick days, skipping meetings, and generally unplugging from
the organization is often an outcome of inequitable organizations.
Emotional Exhaustion – Unsatisfied employees wrestle with insecurity and
dissatisfaction, both of which are emotionally draining.
While there are many more examples of consequences avoided and benefits
achieved from an ethical operational approach, this paints a clear picture of why it is
important and how to frame manager’s perspectives to ensure equitable behavior.
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Work Motivation: This model aligns well with Maslow’s hierarchy of needs, but
applied to workplace motivation. Through the five M’s identified (in order of
chronological achievement being Money; Myself; Member; Mastery; Mission), one can
see in this pyramid chart how organizational justice will enable higher levels of
individual motivation.
Transparency consists of operating in such a way that it is easy for others to see
what actions are being performed.
KEY TAKEAWAYS
Key Points
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Corporate transparency is the concept of removing all barriers to, and the
facilitation of, free and easy public access to corporate information.
Key Terms
transparency: Open, public; having the property that theories and practices
are publicly visible, thereby reducing the chance of corruption.
Conflicts of Interest
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Conflict of Interest: A situation in which someone in a position of trust — e.g., a doctor
— has competing professional or personal interests.
There often is confusion over these two situations. Someone accused of a conflict of
interest may deny that a conflict exists because he/she did not act improperly. In
fact, a conflict of interest can exist even if there are no improper acts as a result of it.
One way to understand this is to use the term “conflict of roles”.
An organizational conflict of interest (OCI) may exist in the same way (as described
above) in the realm of the private sector providing services to the government, where
a corporation provides two types of services to the government that have conflicting
interest or appear objectionable (i.e.: manufacturing parts, and then participating on
a selection committee for parts manufacturers).
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pose a substantial advantage to the private organization over the competition or will
decrease the overall competitiveness in the bidding process.
Other improper acts that are sometimes classified as conflicts of interests may be
better classified elsewhere: e.g., accepting bribes is corruption; the use of
government or corporate property or assets for personal use is fraud; not conflict of
interest.
Codes of Ethics
These help to minimize problems with conflicts of interest because they spell out the
extent to which such conflicts should be avoided, and what the parties should do
where such conflicts are permitted (disclosure, recusal, etc.). Thus, professionals
cannot claim that they were unaware that their improper behavior was unethical. As
importantly, the threat of disciplinary action (for example, a lawyer being disbarred)
helps to minimize unacceptable conflicts or improper acts when a conflict is
unavoidable.
As codes of ethics cannot cover all situations, some governments have established
an office of the ethics commissioner, who should both be appointed by and report to
the legislature.
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Lesson II
Self-Check
(1) Corporate governance is the structure through which companies are not
directed and managed.
(2) Good corporate governance is not a requirement for effective and clearly
detailed processes for ensuring accountability, transparency, documented policies
and procedures and sound decision-making.
(3) Good Corporate is not an assurance that a company is performing at or near its
peak and that all stakeholders are playing a role in the company's success.
(4) As codes of ethics cover all situations, some governments have established an
office of the ethics commissioner, who should both be appointed by and report to the
legislature.
(7) This is a situation of conflict of interest, Gifts from friends who also do business
with the person receiving the gifts (may include non-tangible things of value such as
transportation and lodging).
(8) Pump and dump is a situation of conflict of interest, in which a stockbroker who
owns a security artificially inflates its price by “upgrading” it or spreading rumors,
sells the security and adds short position, then “downgrades” it or spreads negative
rumors to push its price down.
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(9) Conflict of interest is a situation in which an internal auditor, who is in a position of
trust, has a competing professional or personal interest.
(10) Competing interests can make it difficult to fulfill his or her duties impartially. A
conflict of interest exists even if no unethical or improper act results.
(12) Transparency, is not used in science, engineering, business, the humanities and
in a social context more generally, implies openness, communication, and
accountability.
(13) Transparency: closed, not public; having the property that theories and practices
are publicly visible, thereby reducing the chance of corruption.
(14) Radical transparency is a management method where nearly all decision
making is carried out privately.
(15) To ensure an organization is fair, one must consider the concept of profit as a
central pillar of what creates a fair environment (and what does not).
Questions
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