Professional Ethics and Social Responsibility Complete Notes PDF

lOMoARcPSD|48744386 Professional Ethics AND Social Responsibility complete notes (1) Professional ethics and social responsibility for sustainability (Amity University) Scan to open on Studocu Studocu is not sponsored or endorsed by any college or university Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 PROFESSIONAL ETHICS AND SOCIAL RESPONSIBILITY NOTES MODULE 1: Philosophy and Ethics TOPICS: Introduction to philosophy; definition, nature and scope, concept, branches Origin of Ethics Ethics: definition, moral philosophy, nature of moral judgments and reactions. Theories of Ethics (Utilitarian Theory, Right Theory & Casuist Theory) Benefit of Ethics Freedom in ethical discourse Introduction to philosophy; definition, nature and scope, concept, branches DEFINITION ➔ Philosophy is the root of all knowledge. It is considered the mother of all sciences. Philosophy has interpreted man and his various activities comprehensively. ➔ Philosophy is an attempt to satisfy this very reasonable desire. Philosophy signifies a natural and necessary urge in human beings to know themselves and the world in which they live, move, and have their being. Man can’t live without a philosophy. ➔ It helps to coordinate the various activities of the individuals and the society. It helps us to understand the significance of all human experiences. ➔ “It explores the basic source and aims of life. It asks and tries to answer the deepest life questions. It also clarifies life and the basic values for the same. This clarity is very essential because it provides us with the wisdom to face challenges. Wisdom is the supreme instrument in the hands of a man in the struggle for his successful existence”. ➔ “Philosophy is a set of ideals, standards or beliefs used to describe behavior and thought.” ➔ Example: Buddhism NATURE OF PHILOSOPHY Philosophy means ‘love of wisdom. It is an attempt to arrive at a rational conception of reality as a whole. It enquires into the nature of the universe in which we live, the nature of the human soul, and its destiny, and the nature of God Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 or the Absolute, and their relation to one another. Philosophy investigates the principles and rules of language and attempts to clarify the meaning of vague words and concepts. Philosophy examines the role of language in communication and thought, and the problem of how to identify or ensure the presence of meaning in our use of language. Philosophy is the rational attempt to have a world-view. It endeavors to reach a conception of the entire universe with all its elements and aspects and their interrelations to one another. It is not content with a partial view of the world. It seeks to have a synoptic view of the whole reality; it tries to have a vision of the whole. It enquires into the nature of the universe, its stuff or material, its creator or God, its purpose, and its relation to man and his soul. ➔ Is the universe material or spiritual? ➔ Is it made of brute matter? ➔ Is it made of mind or spirit? Philosophy seeks to answer these questions by logical thought and rational reflection. Philosophy is the criticism of life. It enquires into the nature, meaning, purpose, origin, and destiny of human life. It is the interpretation of life, its value, and its meaning. SCOPE OF PHILOSOPHY Philosophy has a close affinity with psychology. It takes effort to disclose the functions of psychology. Mysteries of the universe get importance in philosophy. Because they are the burning questions of all times in philosophy. Philosophy and literature are closely related to each other: philosophy is often revealed through literary works. It also deals with animal and plant life. Philosophy also deals with science. It tries to find out the origin of science, and the possibility of changing the methods of science. Philosophy harmonizes the highest conclusions of the different sciences, coordinates them to one another, and gives a rational conception of the whole world. So philosophy is very important for us as a subject. Philosophy aims at a rational conception of reality as a whole. It seeks to gain true insight into the general structure of the universe and man’s relation to it. It seeks to investigate the nature of matter, life, soul and God, and their interrelations of one another. The most fundamental realm of philosophy is metaphysics. It is the inquiry into the first whence and the last whither, an inquiry into the ‘beyond’ of physics, that Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 seeks to ask and answer the most ultimate and fundamental questions about the whole of reality—the Divine, the human, and the cosmos. Metaphysical questions embrace everything as a whole. This does not mean that such questions are merely general questions; they are the most fundamental (the first whence) and ultimate (the last whither) questions. However advanced the physicist’s world may have grown, still, the ‘world’ and concern of the metaphysician is different from that of his counterpart. Thus metaphysics occupies the foundational realm in philosophy. Another set of problems that philosophy has to consider are those connected with our thinking. There is, first of all, the study of valid thinking or argument, which is called ‘logic’. A related area is the ‘latent structure of our actual thinking’, traditionally called epistemology or theory of knowledge. It is the study, not so much on what we know or how we know, but what it is to know. The study of good and evil too is a baffling question for the philosophers. It is the realm of morality. It does not enumerate the good and bad actions, but it makes a fundamental analysis as to what it is to be right or wrong. It enables the human mind to distinguish between what is good and what is bad; thus it is a fundamental search. Although the cosmos is subjected to a thorough analysis in the wake of the growth of science, philosophy has not left it only to science. Complementing the scientific knowledge of the cosmos, philosophy too looks at it in its radicality. Even though what has been traditionally developed as cosmology by Aristotle is differently looked at in today’s scientific period, it continues to be a philosophical discipline. Reality includes not only the cosmos but the realms of the human and of the Divine as well. These realms too are philosophically considered in philosophical anthropology (traditionally known as rational psychology) and in the philosophy of God (traditionally known as theodicy). Besides these traditionally accepted fields, philosophy brings to its embrace almost every other question. Everything is looked at in its ultimate causes and principles. CONCEPT OF PHILOSOPHY The first great concept of philosophy is the classic concept. It is composed of three typical statements: 1. Philosophy has its autonomic object in the world. It has an object that is interesting for it; only philosophy explores it. The field of philosophical explorations does not conflict with other sciences’ explorations. Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 2. Philosophy creates methods that are not identical to the methods used in other types of knowledge. 3. Philosophical theories and (or) singular statements can be assessed for their epistemological value, we can fix whether they are true, false, or only probable. Some statements cannot be decided in relation to their epistemological value (true, false, probable). Examples: questions, poetry, poetical phrases: My sadness is white like white roses. Are you happy today? Do you remember Lora Lynn? The second concept of philosophy was formulated in the XIXth century in positivism; it is the positivist concept of philosophy. It states: 1. Philosophy has not its autonomic object in the world. Each part of the word that can be explored at all is being explored in the sciences. There is no place for specific, autonomic philosophical explorations already. Philosophy tries to formulate a general description of the world only based on the solutions given in the sciences. Philosophy does not explore. It follows the sciences only. A goal of the philosophy is to create a kind of synthesis of the cognitive perspectives given in the sciences. 2. Philosophy elaborates its methods that are not identical with the methods used in other types of knowledge. 3. Philosophical theories and (or) singular statements can be assessed for their epistemological value, we can fix whether they are true, false, or only probable. Some statements cannot be decided in relation to their epistemological value (true, false, probable). The main representative of this idea of philosophy is Auguste Comte The principal difference between the classic and positivistic concepts of philosophy is that positivist “philosophy” does not have its object. Logical positivism (logical empiricism) is connected to the third concept of philosophy: a neo-positivist concept of philosophy. It contains the following statements: 1. 1. Philosophy has not its autonomic object in the world. Each part of the word that can be explored at all is being explored in the sciences. There is no place for specific, autonomic philosophical explorations. So it means (in opposition to the positivist concept of philosophy) that there is no place for philosophy in the structure of human cognition at all. Philosophy was only a period in human development and recently as a separate branch of knowledge has to be removed from human cognition. It means the death of philosophy. 2. Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 2. There are two types of science: real sciences and formal sciences. To formal sciences belong such sciences as logic, mathematics, geometry. Real sciences are composed of natural sciences (e.g. physics, chemistry, astronomy, veterinary medicine, biology) and humanities (like history, literature, sociology, psychology) 3. There are two types of theoretical sentences (statements): the properly formulated statements (statements with meaning): the weather is beautiful today; the end of communism in Europe was connected with the polish revolution of Solidarity. And statements without meaning – nonsensical sentences: God exists, human behavior is very often determined by the subconscious, the human soul is immortal. 4. But some philosophical issues or questions are included in the sciences. Biology asks about the nature of life, physics tries to consider the nature of matter, psychology or cognitive science tries to understand the essence of the conscience. 5. Philosophy understood as a form of the life experience can still exist but it has to remember that it has not an epistemological value and validity. Its statements are not true or false. They are rather poetical. To philosophize is identical to artistic creativity given in painting, poetry, or literature. 6. Main thesis: there is no place for autonomic philosophy in the area of knowledge. But there is a place for several philosophical issues inside specific natural science and humanities. The fourth concept is an analytical-linguistic concept of philosophy. It seems to be connected with neo-positivism and its understanding of philosophy because of its high appreciation of logic; both definitions underlines a great role of the natural sciences The most important statement which is very typical of this concept says: our language is not neutral. Language determines our understanding and opinions about the world. Words we use do not describe things simply. They rather set down what things are. They define or set down the meaning of things. For example to express what reality is we can use many different words and each of them is connected with a different understanding of the world. BRANCHES OF PHILOSOPHY The main branches of Philosophy are: Axiology: Study of the nature of value and valuation Metaphysics: Study of the fundamental nature of reality Epistemology: Study of the nature, origin, and limits of human knowledge Ethics Philosophy: Study of what is right and wrong in human behavior Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 Aesthetics: Study of beauty and taste Logic Philosophy: Study of the nature and types of logic Political Philosophy: Study of government, addressing questions about the nature, scope, and legitimacy of public agents and institutions 1. Axiology is also referred to as the theory of value, Axiology explores the nature of value and its metaphysical aspects. Value Theory is often interchangeably used as Axiology and this branch of Philosophy peruses upon the value of goodness. To put it simply, Axiology looks at the concept of value in terms of its philosophical terms and argues questions about nature and what is valued. 2. Metaphysics has been a primary area of philosophical debate. It is mainly concerned with explaining the nature of being and the world. Traditionally, it has two different study areas, including Cosmology and Ontology. Cosmology is focused on understanding the origin, evolution, and the eventual fate of the universe, which include laws that keep it in perfect order. On the other hand, Ontology investigates various types of things that exist and their relationship with each other. Much before the discovery of modern science, all the science-related questions were asked as a part of Metaphysics. 3. Another major component of Philosophy is Epistemology. Going back into history, this term originated from the Greek word episteme which means knowledge, and the other half of the word ‘logy means ‘the study of’. It is about the study of knowledge. What can we know? A fundamental question concerning Epistemology is, what is knowledge? It also asks questions like, can knowledge ever be absolute? Is there a limit for humans to know certain things? If we are living in a world of simulation, how can we know it? These are some of the essential questions Epistemology seeks answers for. 4. Everyone in their day-to-day life tries to conduct themselves according to some established ethical norms. This philosophical concept has different applications in a person’s real life. For instance, certain organizations have ethical committees which lay down rules of behavior for their employees. Ethics is concerned with the definition of right and wrong. It elucidates schools of thought that instruct us how to act in a given situation, which has always been a matter of contention between philosophers. Every philosopher has defined it according to their subjective understanding. Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 5. Combining the two fields of Politics and Philosophy, Political Philosophy studies political government, laws, liberty, justice, rights, authority, political states and systems, ethics, and more. It explores the concepts of why we need governments, the role played by governments, what are its constituents, amongst others. 6. Every person defines beauty as per his or her perspective. This philosophical subject is wholly devoted to defining the different aspects of beauty, even its contours. How do we find something beautiful? Is beauty always subjective or can it be objective too? Can everyone find a thing beautiful? It also examines individual tastes and attempts to provide answers about these things scientifically. Aesthetic Philosophy’s primary topic of investigation is beauty and art. It is often debated inside its classrooms. It also talks about performing arts like music. 7. We use this word in our commonplace conversations, so we are all aptly familiar with it. People constantly ask each other, “where is the logic behind this or that?”. People even acknowledge a good thought or act by calling it logically correct. Hence, the question arises, what does the Science of logic have to do with Philosophy? In logic, we usually construct two sentences which are called premises, and they are used to conclude. This sort of logic is called a syllogism, pioneered by Aristotle. Origin of Ethics The word "ethics" is derived from the Greek word ethos (character), and the Latin word mores (customs). In philosophy, ethics defines what is good for the individual and society and establishes the nature of duties that people owe themselves and one another. Ethics could have come into existence only when human beings started to reflect on the best way to live. This reflective stage emerged long after human societies had developed some kind of morality, usually in the form of customary standards of right and wrong conduct. The process of reflection tended to arise from such customs, even if in the end it may have found them wanting. Accordingly, ethics began with the introduction of the first moral codes. The epic poems that stand at the beginning of much world literature, such as the Mesopotamian Epic of Gilgamesh, Homer's Iliad, and the Icelandic Eddas, portray a set of values that suit the strong leader of a small tribe. Valor and success are the principal qualities of a hero and are generally not constrained by moral considerations. Revenge and vendetta are appropriate activities for heroes. The gods that appear in such epics are Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 not defenders of moral values but are capricious forces of nature, and are to be feared and propitiated. More strictly ethical claims are found occasionally in the literature of ancient civilizations that are aimed at lower classes of society. The Sumerian Farmer's Almanac and the Egyptian Instruction of Amenemope both advise farmers to leave some grain for poor gleaners, and promise favors from the gods for doing so. Several ancient religions and ethical thinkers also put forward some version of the golden rule, at least in its negative version: do not do to others what you do not want to be done to yourself. Ethics: definition, moral philosophy, nature of moral judgments and reactions. DEFINITION OF ETHICS Ethics is a system of moral principles. They affect how people make decisions and lead their lives. Ethics is concerned with what is good for individuals and society and is also described as moral philosophy. Ethics = Morals + Reasoning Ethics or moral philosophy is a branch of philosophy that "involves systematizing, defending, and recommending concepts of right and wrong behavior". The field of ethics, along with aesthetics, concerns matters of value; these fields comprise the branch of philosophy called axiology. MORAL PHILOSOPHY Ethics, also called moral philosophy, is the discipline concerned with what is morally good and bad and morally right and wrong. The term is also applied to any system or theory of moral values or principles. It explores the nature of morality and examines how people should live their lives concerning others. Moral philosophy is the rational study of the meaning and justification of moral claims. A moral claim evaluates the rightness or wrongness of an action or a person’s character. Moral philosophy is usually divided into three distinct subject areas: Metaethics examines the nature of moral claims and arguments. This partly involves attempting to determine if moral claims have clear essential meanings (i.e., they avoid vagueness and ambiguity). But it also attempts to answer questions such as: Are moral claims expressions of individual emotions? Are Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 moral claims social inventions? Are moral claims divine commands? Can one justify moral claims? How does one justify them? For example, a moral nihilist would say that killing someone, for whatever reason, is intrinsically neither morally right nor morally wrong. Normative Ethics examines moral standards that attempt to define right and wrong conduct. Historically, this has involved examining good and bad habits, duties, or an action’s consequences. In addition, historically, normative ethics has focused on the prospect of a single moral standard defining right and wrong conduct; but it has become more common for philosophers to propose a moral pluralism with multiple moral standards. For example, We should do to others what we would want others to do to us. Applied Ethics examines specific moral issues. For example, one is doing applied ethics when one addresses the morality of abortion, euthanasia, capital punishment, environmental concerns, or homosexuality. By using the conceptual tools of metaethics and normative ethics, discussions in applied ethics try to resolve these issues. NATURE OF MORAL JUDGEMENTS & REACTIONS Moral judgment is on activity not about it: According to Mackenzie the nature of moral judgment is not just like the one called ethical; it does not pronounce judgment about but upon something. In moral judgment, we judge the goodness or badness of some activity based on a special criterion. Moral judgment is concerned with the judgment upon conduct, the judgment that such and such conduct is right and wrong. Moral judgment is distinguished from logical and aesthetical judgment: According to Bradley, ordinarily moral judgment is intuitive and immediate. Because we intuitively bring an action under a moral rule recognized by the community and judge it to be right or wrong. It is only in difficult or doubtful cases that we consciously compare an action with the moral ideal and judge it as right or wrong. Hence, we can find out that a moral judgment presupposes a subject, who judges an object that is judged, a standard according to which an action is judged. Moral judgments are axiological, not factual: Moral judgment is a judgment of values. It is distinct from the judgment of facts. A Judgment of value is a judgment of “what ought to be”. But a judgment of fact is a judgment of “what is”. Judgment of fact is a descriptive judgment, while moral judgment is an appreciative or critical judgment. So, moral judgment is a mental act of pronouncing a particular action to be right or wrong. According to Mackenzie, Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 moral judgment is not merely to state the nature of some object, but to compare it with a standard and to pronounce it to be good or evil, right or wrong. Moral judgment is inferential: Before pronouncing a moral judgment on an act we place it upon the ethical standard and then we judge its goodness or badness in front of it: But this does not mean that argument is necessary on every subject. In common matters, we know the ethical or moral value of an act by insight or intuition. Only in the profound and doubtful subject is it necessary to present the criteria distinctly to apply it. Moral judgment is inferential though the element of inference generally remains implicit. It involves the application of a standard to a particular action. Theories of Ethics (Utilitarian Theory, Right Theory & Casuist Theory) UTILITARIAN THEORY Utilitarianism is a theory of moral philosophy that is based on the principle that an action is morally right if it produces a greater quantity of good for happiness than any other possible action. It is a tradition of ethical philosophy that is associated with Jeremy Bentham and John Stuart Mill, two late 18th- and 19th-century British philosophers, economists, and political thinkers. It requires us to look at the consequences to determine the morality of an action and claim that the morality of the action depends on the amount of “goodness” that the action produces. It is the belief that if an action is good it benefits someone and action is bad if it harms someone. There are three principles that serve as the basic axioms of utilitarianism. 1. Pleasure or Happiness Is the Only Thing That Truly Has Intrinsic Value. 2. Actions Are Right Insofar as They Promote Happiness, Wrong Insofar as They Produce Unhappiness. 3. Everyone's Happiness Counts Equally. Utilitarian ethics is the ethical action that maximizes the welfare of the maximum number of people. ➔ It can be applied to individual actions. Eg: should I eat on my business law exam tomorrow night? ➔ It can be applied to a general rule. Eg: Should Clarkson prohibit cheating? ➔ It can also be applied to an ethical principle. Eg: Is cheating unethical? Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 The focus is on the overall consequences for the total group of people. The person wanting to take the action does not count more than anyone else. It stresses the promotion of happiness and utility. But it ignores the concerns of justice for the minority population. Act Utilitarianism is the belief that an action is good if its overall effect is to produce more happiness than unhappiness. An example of act utilitarianism could be when pharmaceutical companies release drugs that have been governmentally approved, but with known minor side effects because the drug is able to help more people than are bothered by the side effects. Act utilitarianism often demonstrates the concept that “the end justifies the means”—or it's worth it. Rule Utilitarianism is the belief that we should adopt a moral rule and if followed by everybody, would lead to a greater level of overall happiness. An example of rule utilitarianism in business is tiered pricing for a product or service for different types of customers. In the airline industry, for example, many planes offer first-, business-, and economy-class seats. Customers who fly in first or business class pay a much higher rate than those in economy seats, but they also get more amenities—simultaneously, people who cannot afford upper-class seats benefit from the economy rates. This practice produces the highest good for the greatest number of people. And the airline benefits, too. The more expensive upper-class seats help to ease the financial burden that the airline created by making room for economy-class seats. RIGHT THEORY The concept of rights-based ethics is that there are some rights, both positive and negative, that all humans have based only on the fact that they are human. These rights can be natural or conventional. Natural rights are those that are inherent while conventional rights are those created by humans and that reflect society's values. The term right can be defined as "a justified claim that individuals and groups can make upon other individuals or upon society." Rights-based ethics means that ethical behavior must uphold the rights of people, such as civil rights within a democracy. Rights can be legal in nature, or they can pertain to morality or human rights. ➔ The right to life ➔ The right to liberty ➔ The right to pursue happiness ➔ The right to a jury trial ➔ The right to a lawyer Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 ➔ The right to freely practice a religion of choice ➔ The right to express ideas or opinions with freedom as an individual, etc The United States is an example of a country founded upon a rights-based approach to ethics, in which human beings are believed to have certain unalienable rights, which means those rights cannot be taken away or interfered with. John Locke was one of the primary supporters of this concept, as it takes the perspective of what the ideal world looks like and creates a rights system based upon those ideas. Rights are generally defined as justified claims for the protection of general interests. In this sense, human beings have been described as having rights to property, "to life, liberty, and the pursuit happiness" (United States Declaration of Independence, 1776), as "free and equal in rights" (Declaration of the Rights of Man and Citizen, 1789), and as having rights "to share in scientific advancement and its benefits" (Universal Declaration of Human Rights, 1948). More recently civil rights or liberties to freedom of speech and assembly have been complemented by proposals for social, economic, and welfare rights to minimum levels of shelter, food, and medical care. What was initially a quite limited relation of rights to science and technology, insofar as their advancement rested on the protection of intellectual property rights, has become increasingly a question of consumer rights to certain levels of material benefit and safety-related especially to technology. The assessment of such diverse claims nevertheless requires an appreciation of the broader philosophical discussion of rights and various analytic distinctions introduced to clarify numerous complications. CASUIST THEORY Casuistry is a process of reasoning that seeks to resolve moral problems by extracting or extending theoretical rules from a particular case, and reapplying those rules to new instances. An example of casuistry is a Buddhist believing that something bad is happening to him because the universe is balancing his karmic debt. Casuistry, in ethics, is a case-based method of reasoning. It is particularly employed in field-specific branches of professional ethics such as business ethics and bioethics. Casuistry typically uses general principles in reasoning analogically from clear-cut cases, called paradigms, to vexing cases. Similar cases are treated similarly. In this way, casuistry resembles legal reasoning. Casuistry may also use authoritative writings relevant to a particular case. Casuistry departs from ethical approaches that work deductively from rules thought to have clear applications in all circumstances. Casuistry takes rules into account but begins Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 with the moral and practical features of each case. Casuistry also departs from approaches to ethics that rely solely on good character or virtuous motives. Instead, casuistry demands deliberation about how to put good character and virtuous motives into practice. Casuistry, or case-based reasoning, does not focus on rules and theories but rather on practical decision-making in particular cases based on precedent. Some authors classify casuistry as a subset of applied ethics or practical ethics. That is the branch of ethics that is concerned with the application of moral norms to practical problems. Others restrict the term applied ethics to deductive reasoning from principles to cases. Accordingly, those authors view casuistry as an alternative to applied ethics. Benefit of Ethics Ethics serve as a guide to moral daily living and help us judge whether our behavior can be justified. The concepts most directly associated with ethics are truth, honesty, fairness, and equity. While ethics is a societal concern, it is of critical importance to the professions that serve society. Because professionals such as physicians, attorneys, engineers, & facility managers provide services that affect our welfare, they develop professional codes of ethics that establish professional standards for behavior. Examples of the types of standards found in professional codes of ethics include: ➔ An attorney or physician maintaining client-patient confidentiality ➔ An accountant not using client information for personal gain Ethical behavior is what all career people should aim to have. In order to build a career, one must be governed by the rules of ethics to safeguard oneself and others. Ethics are essential in the workplace because a tough ethical code provides a non-threatening environment with high employee morale. Corporate social responsibility is important to everyone, therefore it should not be neglected by the employees and the organization. Ethics purely center on personal conduct. It involves personal choices that can make or break a person in the workplace or business. The major importance of having good conduct is to maintain a high level of respect not just for people but for the profession. Most people begin their working career having aspirations of excelling at their jobs and reaching the pinnacle of their profession while maintaining a sense of values. There are many things that one can gain from having good behavioral ethics in the workplace. It will develop a discipline that will propel the work practices to a higher level Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 and will help set a high standard. It will promote teamwork among the workers and will also build strong connections with their peers. It is a stress that one feels from their friends and schoolmates to actually act, behave, think and look a certain way. But we can lessen our exposure to peer pressure if we are involved with those who possess the same boundaries, ethics, and interests that we do. It is therefore important to maintain a strong basis of ethics, both in the personal and social world, in order to withstand negative peer pressure and to restrict ourselves from being drawn into evil things, like joining gangs, drugs, or any other self-destructive activities. 10 Benefits of Managing Ethics in the Workplace 1. Attention to business ethics has substantially improved society. 2. Ethics programs help maintain a moral course in turbulent times. 3. Ethics programs cultivate strong teamwork and productivity. 4. Ethics programs support employee growth and meaning. 5. Ethics programs are insurance policies; they help ensure that policies are legal. 6. Ethics programs help avoid criminal acts “of omission” and can lower fines. 7. Ethics programs help manage values associated with quality management, strategic planning, and diversity management — this benefit needs far more attention. 8. Ethics programs promote a strong public image. 9. Overall benefits of ethics programs: managing ethical values in the workplace legitimizes managerial actions, strengthens the coherence and balance of the organization’s culture, improves trust in relationships between individuals and groups, supports greater consistency in standards and qualities of products, and cultivates greater sensitivity to the impact of the enterprise’s values and messages. 10. Formal attention to ethics in the workplace is the right thing to do. Freedom in ethical discourse Freedom is as old as the existence of man. It is a general term used in everyday activity mostly to express how free one is in his or her actions. But, freedom in ethical discourse cuts across critical and rational discourses in philosophy, of ethics, alongside many other disciplines. This is because the notion of freedom is widely discussed, and used by every man, in different but related ways and occasions. It has been a perennial issue whether a man is totally free. But, no matter how free man is, everywhere seems to be in chains – Jean-Jacques Rousseau. Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 Freedom comes with personal consciousness to choose to act freely in a certain way rather than the other. Thus, freedom in ethical discourse comes with choice and free will. Hence, one is free to choose or not to choose Discourse ethics refers to a type of argument that attempts to establish normative or ethical truths by examining the presuppositions of discourse. Variations of this argument have been used in the establishment of egalitarian ethics, as well as libertarian ethics. Types of Freedom There are two types of freedom. They are as follows; 1. Exercise Freedom: Freedom of exercise is that between contradictory alternatives; it is the freedom of an agent to act or not to act in an absolute sense. In any given situation, a man who is rational can will to act or will not to act. Man has this sort of freedom as a voluntary agent always, and here, freedom relates to the interior act of willing or not willing by the moral agent. The voluntary act and the free act, for all practical purposes, are identical. 2. Specification Freedom: freedom of specification presupposes freedom of exercise and looks further to some objects specifying the act to be done by the agent. It is the choice of this alternative rather than that or, more precisely, the choice of this means in relation to a desired end. The free act as a choice, therefore, is concerned with means properly, not with ends as ends. To will an end as an end is not a matter of choice but a matter of simple willing; an act of the will which centers precisely on the means is the act of choice. When reference is made to human freedom in a moral context, it is usually this freedom of specification that is meant. Kinds or Forms of Freedom 1. Physical Freedom: This is a man’s freedom from external constraint; that is freedom from all kinds and forms of oppressive force against man’s choice and voluntariness. This physical freedom is the immunity from physical constriction. 2. Moral Freedom: This is the absence of constriction through oppressive force of moral order such as reward, punishments, laws, and threats; it is the power to choose and to determine oneself. However, man’s freedom is the freedom of choice of moral goodness, to choose the good, and to avoid evil. Meanwhile, the fear of the aftermaths of man’s action makes him act in an opposite direction, he acts for good to receive reward and praise, but if he acts contrary to the good, he receives punishments. Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 3. Psychological Freedom: Psychological freedom is man’s capacity to choose to do anything when all the necessary conditions for acting are present. It is the sovereign control over the situation by which the will holds in its hands the power to make the choice fall in favour of one of the various alternative possibilities. Psychological freedom, therefore, is the absence of pressure on the part of other human activities on our will, intellect or passion to perform acts in a determined way “man is a social being, open to values and communication with others and as such to be free from social influence and is, therefore, to be psychologically free. 4. Political Freedom: Political freedom is the absence of any form of political pressure of man. It is the freedom of the citizens of the state to exercise their political rights uninhabited. These include the basics of political rights, the right to vote, the right to hold office, the right to participate in making political decisions, the right to associate with others of like views and to criticize the government. 5. Social Freedom: This is the freedom from social determinism; it is the freedom of socialization and the absorption of the growth of the functions of groups, associations, and institutions having religious, social, economic, cultural, professional and political ends which operates for the good of the states. The Essence of Freedom The proof of the existence of freedom is necessary, in the sense of its validity beyond experience or any philosophical and scientific claims against its existence. The essence of freedom elucidates the need of man having or obtaining freedom. It explains the importance of freedom to man. Firstly, freedom enables man to choose on which actions or activities to follow. This act of choice is one of the attributes of a human being. This is because one of the reasons for man’s rationality is to be able to dictate the good and the bad and having the right or freedom to make a choice. This, therefore, explains man as not being a total determined being. Secondly, freedom allows human conformability. This is because in freedom one becomes comfortable and should be held responsible for his actions, hence the advent of the moral agent. The comfortability here is that the moral agent is no more on determinism of something or mandatory doing something. Here, the human person exercises an act of choosing to do or not to do and at his or her own convenient time. Thirdly, freedom enables us to participate in human activities and on this, we exercise fundamental human rights especially in the political aspect of freedom. It also enables us to associate, socialize and interact with other creatures in the human environment. It also Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 puts into our consciousness the right to choose the religion of our choice and participate in its activities. Fourthly, freedom widens our knowledge in knowing some of our rights and what is not our right in the society at large. This way, freedom can be seen as a form of education for human beings. It is through it that we gained the opportunity of searching and researching for what will help in the skyrocketing of human beings and their environment. MODULE 2: Ethical Issues and practices at Workplace TOPICS: Ethical Dilemmas Challenges in ethical decision making Redressal of grievances Employee Rights Conflicts of Interest Employee Relationship at workplace Ethical Dilemmas An ethical dilemma is a conflict between alternatives where choosing any of them will compromise some ethical principle and lead to an ethical violation. A crucial feature of an ethical dilemma is that the person faced with it should do both the conflicting acts, based on a strong ethical compass, but cannot; he may only choose one. Not choosing one is the condition that allows the person to choose the other. Thus, the same act is both required and forbidden at the same time. He is condemned to an ethical failure, meaning that he will do something wrong no matter what he does. When people encounter these tough choices, an ethical failure rarely occurs because of temptation, but simply because choosing any of the conflicting actions will involve sacrificing a principle in which they believe. Truth vs. Loyalty Conforming to facts or reality sometimes stands against your allegiance to a person, corporation, government, etc. Truth is right, and so is loyalty. Individual vs. Community Individualism assumes that the rights of a person must be preserved since social goodwill automatically emerges when each person vigorously pursues his interests. However, Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 ‘community’ means that the needs of the majority outweigh individual interests. It is right to consider the individual, but also right to consider the community. Short term vs. Long term Most people think it’s obvious to plan for the long term, even if it means sacrificing things in the short term. However, it gets tough to choose when short-term concerns demand the satisfaction of current needs to preserve the possibility of a future. Thus, it is right to think about both short-term and long-term concerns. Justice vs. Mercy Justice urges us to stick to the rules and principles and pursue fairness without giving personal attention to given situations. Mercy urges us to seek benevolence in every possible way by caring for the peculiar needs of individuals on a case-by-case basis. Both justice and mercy are right. When faced with an ethical consideration, we need to be clear about which values are at play. We need also to realize how easy it is to discard one of the values or to justify dishonesty because we want to avoid unpleasant confrontations. We do this by thinking things like ‘Everybody does it’ or ‘I will do this one last time’. Ethical dilemma examples 1. Your friend is on her way out of the house for a date and asks you if you like her dress. Do you tell her the truth or do you keep mum? 2. At a restaurant, you see your friend’s wife engaged in some serious flirting with another man. Do you tell your friend and ruin his marriage or do you pretend you never saw that? 3. Your colleague always takes credit for your and others’ work. Now, you have the chance to take credit for her work. Would you do it? 4. You are a salesperson. Are you ethically obligated to disclose a core weakness of your product to your potential customer? Approaches to ethical decision making There can be different approaches to thinking about ethical decision making, although struggling with these dilemmas might give you a headache: Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 Ends Based: The utilitarian approach or the ends-based approach says that the actions are ethically right or wrong depending on their effects. It argues that the most ethical choice is the one that does the greatest good for the greatest number. Rules-Based: This approach rests on the belief that rules exist for a purpose and must therefore be followed. Basically, stick to the rules and principles and don’t worry about the result! Care Based: This approach puts love for others first. It is most associated with ‘Do unto others as you would have them do unto you’. How to resolve an ethical dilemma What do you do when you find yourself in an ethical dilemma? How do you figure out the best path to take? Before thinking about which path is the most ethical one, be sure to spell out the problem and the feasible options at hand. Our mind often limits itself to two conflicting options and does not see the presence of a third, better option. Generally, philosophers outline two major approaches in handling ethical dilemmas after assessing the legality of the actions. While focusing on the consequences of the ethical dilemma, one approach argues ‘no harm, no foul’. In contrast, the other focuses on the actions themselves, claiming that some actions are simply inherently wrong. While these approaches seem to conflict with each other, they actually complement the other in practice. A brief three-step strategy can be formulated by combining these two schools of thought. Step one – Analyze the consequences. When you have two options, considering the positive and negative consequences connected with each option gives you a better outlook on which option is better. It is not enough to count the number of good and bad consequences an option has; it is also important to note the kind and amount of good it does. After all, certain ‘good things’ in life (e.g., health) are more significant than others (e.g., a new phone). Similarly, a small quantity of high-quality good is better than a large quantity of a low-quality good, and a small quantity of high-quality harm (like betraying someone’s trust) is worse than a large quantity of low-quality harm (like waiting a few more months before asking for a promotion). Step two – Analyze the actions. Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 Now, look at those options from an entirely different perspective. Some actions are inherently good (truth-telling, keeping promises), while others are bad (coercion, theft). No matter how much good comes from these bad actions, the action will never be right. How do your actions measure up against moral principles of honesty, fairness, and respecting the rights and dignity of others? If there is a conflict between one or more of these principles, consider the possibility of one principle being more important than the others. Step three – Make a decision. Each of the above approaches acts as a check on the limitations of the other and must therefore be analyzed in combination. They provide the basic elements that we can use in determining the ethical character of the options at hand and make the process relatively easy. When you find yourself in a fix, consider speaking to others about the situation and getting the opinion of more knowledgeable people to find a possible solution. Challenges in ethical decision making Decision making involves a great degree of value clarity, ethical decision making involves more! Unlike certain financial, inventory and production decisions, ethical decisions cannot be coded into digital machines. They require critical thinking and evaluation. 1. An organization is an amalgamation of various individuals and there is a conflict of interest at the personal level between these members, each one is concerned about his benefits and neutral or opposing to the benefits or good of others. This conflict of interest leads to situations that are morally challenging to the manager who wants to be moral and righteous to his own conscience and serve the interests of the organization. Here the dilemma arises on deciding upon the course of action. 2. In the second case a conflict arises when there is a distinction to be made about facts and values. This implies a situation where a manager confronts ‘what is’ and weighs the same against ‘what ought to be’. For example an organization may spend lots of resources upon developing, researching or upgrading a certain product and service, which gets reflected in the final price of the latter. This increase in price may be looked upon as exploitative by the end users! Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 3. Yet another difficulty arises in cases when there is a fine line dividing the good from the bad or the evil and in situations when there is a difference of opinion on what is morally permissible and what is not. Undoubtedly, in our society the good and the evil exist side by side. Example in case, Nestle infant formula led to many deaths in Kenya because the formula was prepared in contaminated water. The same formula proved life saving in other countries. The challenge lies in minimizing the evil and trying to arrive upon a consensus. 4. In an era of uncertainty, it is almost impossible to predict the outcomes of decision making. One of the principles of ethical decision making assumes that the outcome of a decision is known and that the decision that results in the greatest good for a greater number of people is the best. Practically, anticipating the exact outcome of a course of action is impossible. This uncertainty is at the root of all difficulties in ethical decision making. 5. Lastly we may say that ethical stand points of organization and their critics are opposite and based on an entirely different set of reasons; here the ethical arguments made to justify intentions are by and large incompatible. For example an environment protection foundation may criticize the operations of an organization on grounds of the latter polluting the environment. The organization may justify itself by saying that it is adding more value to the society and to individual lives, making it more comfortable by its products and services. Redressal of grievances In our professional and personal life, we usually come across a situation of grievance or complaint. This situation arises due to unsatisfactory services, unfulfilled promises, unwanted circumstances due to other’s actions etc. Taking the grievance on a practical approach, it could be raised by an employee, for his / her employer for salary issues, policies, unsafe working conditions etc. A customer can raise a grievance for poor service delivered by the vendor likewise a citizen can have the grievance over the standard of civic amenities provided by the local administration. So, it could be summed up as the formal complaint, from an individual or the group which could point to specific contract terms or violation of any policy. We register our grievances through the formal letters addressing the other party’s stakeholder. For example, an employee can address the grievance letter to HR or any assigned authority setup for addressing the grievance. Hence a grievance definition states a negative consequence by virtue of anyone’s negligence, violation of terms and conditions of an agreement etc. Grievances against Policies Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 ➔ Citizens may have grievances against the policies of the Government, which may affect a large group of people. ➔ Such grievances are raised in the media and legislatures. Grievances due to Maladministration This grievance arises when the Government policies are not implemented efficiently by the administration due to various issues like lack of coordination between different departments or agencies or may be due to inefficiency of officials stemming from the heavy workload. Grievances due to Corruption This arises due to a lack of integrity among officials working in the administration. For many years India has been known for its high levels of corruption. For many years the public has been suffering due to rampant corruption at all levels. However, there are efforts from the current Government to control corruption. Grievances in Rural Areas Majority of the population in India resides in rural areas. The grievances faced by them are given below. Non-availability of supplies – Grievances due to intermittent supply of essential commodities like electricity, seeds, pesticides, fertilizers, medicines etc. Instead of making sure the supplies reach intended beneficiaries, it gets leaked into black markets for profiteering. Delay in Supplies or Services – This happens due to inefficient public distribution systems. Harassment – Many villagers at the hands of officials when they wanted to avail medical, administrative and agricultural services. Grievance Process When any grievance is brought under the notice of any authority by the affected party, the authority has the formal means to address the grievance and try to reach a resolution. The prescribed formal means is termed as the “Grievance Process”. In case of the employment grievances, some organizations have the standard grievance procedures already defined as the policy. Keeping in mind the grievance resolution, the grievance procedure begins by outlining the grievance authority, from where the grievance can be Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 registered for the resolution. For example, an employee having a grievance over the finance (Salary, reimbursement or any unpaid due) may approach the finance department grievance officer or any assigning officer to get the grievance addressed. An employee, regarding unreceived experience letters, policy etc., can reach HR for the redressal. Facilitating the employee with the internal grievance handling cell, following the defined grievance procedure, it is mandatory for the employees to follow the same, as it not only restores the faith of an employee on his/her employer but also the grievance gets resolved without resorting to lawsuits. Likewise, any local administration of the city, has the same defined grievance bench headed by the grievance officer for the convenience of the citizens. This of course doesn’t give the timely resolution to the grievance raised but also helps to deal without resorting to the lawsuits too, hence saves precious time as well as money. In a formal way, the party having the grievance can approach the grievance redressal committee through an email or by filing a grievance form (specified format). How to write a grievance letter? While writing a grievance letter, some points need to be considered, which has been discussed below: - The writer must address the letter to the appropriate authority to initiate a proper grievance redressal procedure. The contact details of the recipient must be mentioned clearly. Address of the sender must be mentioned. The burning issues must be tabled in a soft, polite and in a very professional manner. The writer should not use any harsh words while highlighting the issues. No threats or ultimatum for the grievance redressal should be mentioned in the letter. The letter must be precise, in short description and should not be lengthy. The letter must be ended in an optimistic note about the redressal of the grievance in a definite time frame. A Grievance Letter is written for some particular behaviour, deed which is disappointing, humiliating or annoying to somebody. This kind of letter is mainly written for any misconduct, mischief, violation, or poor performance. This letter is often written to the human resources department complaining about anything Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 which we believe is not happening well in the organization. This letter is written by an employee in which he makes a complaint about an issue which he is facing in the organization.While writing this letter an employee has to keep the facts which can be proved and ask for an enquiry against it. A grievance letter can be against an employee, a supervisor, manager or any of senior management fellow members. There are various reasons for which a grievance can occur and a letter can be written. Mostly are for bad behaviour of an employee with his other colleagues, not receiving a payment or anything bad which has happened in the organization. Letter of grievance is a formal complaint of something which happened at work.This is a formal way of complaining in an organization to the superior, Line Manager, or to the Management by mentioning the issues an employee is facing. Grievance Redressal – Nodal Agencies & Other Mechanisms The 2 most important nodal agencies that are responsible for addressing grievances at the Central Government are listed below. 1. Department of Administrative Reforms and Public Grievances (DARPG) – It functions under the Ministry of Personnel, Public Grievances and Pensions. 2. Directorate of Public Grievances – It is part of Cabinet Secretariat Department of Administrative Reforms and Public Grievances (DARPG) 1. The primary role of this department is to plan and implement citizen-centric measures in the domain of public grievances and carry out administrative reforms so that the Government is in a position to deliver quality public services without any obstacles. 2. The grievances received will be forwarded to the respective ministries, departments, and state governments. The cases will be followed until it is closed. Directorate of Public Grievances (DPG) It was set up in the Cabinet Secretariat in 1988. They handle complaints pertaining to 16 Central Government Organisations. Ombudsman Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 This concept came from Sweden. It means an officer appointed by the Legislature to handle complaints against a service or administrative authority. In India, the Government has appointed an Ombudsman to resolve grievances in the following sectors. 1. Insurance Ombudsman 2. Banking Ombudsman 3. Income Tax Ombudsman Lokpal Lokpal was established under the Lokpal and Lokayuktas Act 2013 to investigate corruption against public functionaries, even the Prime Minister. Lokpal can order investigation from its internal inquiry wing, Central Bureau Investigation (CBI), Central Vigilance Commission (CVC). Tribunals Tribunals are formed to address delays in disposal of cases in courts. These are quasi-judicial institutions. Some of the most important tribunals are mentioned below. 1. Central Administrative Tribunal (CAT) 2. Railway Claims Tribunal 3. Debt Recovery Tribunal 4. Customs, Excise and Service Tax Tribunal 5. Income Tax Appellate Tribunal 6. Labour Tribunal Committee on Petitions – Parliamentary Committee This is a Parliamentary Committee which works on redressing grievances of the public, and a citizen can submit petitions to secure redress against grievances. E-Governance – To Address Public Grievances The current Government has been working on addressing the public grievances by utilising Information and Communications Technology (ICT). Some of the noteworthy efforts of the Government to implement E-governance to reduce Public Grievances in a timely manner has been mentioned below. Central Public Grievance Redress and Monitoring System (CPGRAMS) – It is an integrated online grievance redressal and monitoring system developed by Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 National Informatics Centre (NIC) in collaboration with DARPG and DPG. Citizens can lodge complaints and monitor the status of their complaints through CPGRAMS. This system was developed in 2007. Pro-Active Governance and Timely Implementation (PRAGATI) – It is a multi-modal and multi-purpose grievance redressal system designed by the Prime Minister’s Office (PMO) and NIC. It increases the cooperation and coordination between the Union Government and State Government in addressing the grievances and monitoring government schemes. E-Nivaran – It was launched by the Central Board of Direct Taxes for online redressal of grievances related to taxpayers. The taxpayers can register and track their grievances in this system. Unified Mobile Application for New-Age Governance (UMANG) – It is a single platform through which citizens across India can access e-governance services, starting from the Central Government to local government bodies. MyGov – It is a platform launched in 2014 to disseminate information by the Government and Government can seek public opinion. Nivaran – It is an online portal launched by the Indian Railways in 2016, to address the grievances of lakhs of Railway Employees. Integrated Grievance Redressal Mechanism (INGRAM) – It is a portal launched by the Ministry of Consumer Affairs to address grievances of the public when they purchase any goods or services. Mera Aspataal (My Hospital) – It was an app and portal launched by the Ministry of Health in 2017 under the National Health Mission. It was to capture patient feedback for the services received at the Government Hospitals. This is to help the Government enhance the quality of health care services provided across public facilities. Other Citizens Grievance Redressal Mechanisms Right to Information Act (RTI) – The RTI act was passed in 2005. It empowers the citizens to ask any questions to the Government, seeks information, obtains Government documents, inspects Government works. This act is to not only empower citizens but also promote transparency and accountability in the functioning of Government. Citizens Charter – The task of formulating and operationalising Citizens Charter was undertaken by DARPG. The idea was to bring in transparency in public services and to correct things when they go wrong. The idea of Citizen Charter was first pioneered in the United Kingdom in 1991, with a focus on public Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 services. However there have been many loopholes in the citizens charter which needs to be fixed. Gram Sabha – Conducted at village levels to address the grievances of village community members. Senior Citizen Act – It has been passed to address the grievances of senior citizens. Hostels Act – This has been passed to address the grievances of working women. Administrative Reforms Commission (ARC) – 2 Commissions The Administrative Reforms Commission (ARC) is the committee appointed by the Government of India for giving recommendations to reform the Public Administration System in India. So far there have been 2 Administrative Reforms Commissions. The details are shared below. 1st Administrative Reforms Commission (ARC) 1. The 1st ARC was established on 5th January 1966. 2. The commission was chaired by Morarji Desai and was later chaired by K. Hanumanthaiah The mandate of 1st ARC 1. They were tasked with the mandate to suggest measures to improve financial, personnel, economic, district, agricultural administrations. 2. The administrations concerning Defence, Intelligence, External Affairs, Railways were excluded from the purview of 2nd ARC. 2nd Administrative Reforms Commission (ARC) 1. 2nd ARC was constituted on 31st August 2015. 2. Veerappa Moily was the chairman of the 2nd ARC. 3. It was tasked to revamp the public administrative system. 2nd ARC Report The 2nd ARC submitted 15 reports covering the following areas 1. Right to Information (RTI) 2. Ethics in Governance 3. Local Governance Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 4. Public Administration 5. E-Governance 6. Combating Terrorism For More Information on Arc Reports visit the linked article Sevottam 1. This is a model proposed by the 2nd Administrative Reforms Commission. 2. When translated into English, Sevottam means Excellent Service. 3. This would provide a standard model for grievance redressal mechanisms. It will plug the loopholes of the Citizen Charter. 4. Sevottam focuses on improving the quality of service delivered to the citizens. Sevottam – Focus Areas Sevottam will work on rectifying problems in the following 3 main domains. Public Grievance Mechanism Citizen Charter Service Delivery Employee Rights Everyone has rights in the workplace. Employee rights are the moral or legal entitlement an employee has to have or do something, as pertaining to work to ensure fair treatment. However, these rights vary depending on your employment status, for example whether you are a worker or an employee. A worker is someone who has a contract or arrangement to do work or services personally for a reward, which can be money or a benefit in kind. An employee is someone who has an employment contract from their employer to do regular work. All employees are workers, but not all workers are employees. An employee has all the rights a worker has, plus some extra rights and responsibilities. You may have to be employed for a minimum, continuous period of time before you qualify for some employee rights. 10 employee rights you should know Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 1. You must receive a payslip: A payslip should be given on the day you get paid, or before. It must show a detailed breakdown of the pay you’re getting for the relevant time period, plus any deductions such as tax and National Insurance. Your employer can decide whether they provide payslips on paper or online. An employee payslip must include: Total pay before and after deductions (the gross amount and net amount respectively) Variable deductions, which are different depending on how much you are paid. Examples of variable deductions include tax, National Insurance, Student Loan repayments and pension contributions Fixed deductions. These can also be explained in a separate statement, which must be sent out before the first payslip and updated every year Your payslip may also include your tax code. 2. You must not be discriminated against: Discrimination occurs when someone is treated unfairly in the workplace because of characteristics protected under the Equality Act 2010. These protected characteristics are: Age Disability Gender reassignment Marriage or civil partnership Pregnancy or maternity Race Religion or belief Sex Sexual orientation Discrimination can be direct or indirect. Direct discrimination takes place when the unfair treatment is because of the protected characteristic. For example, if a pregnant woman was absent due to morning sickness and an employer used this when taking disciplinary action against their attendance record, this would be direct discrimination. Indirect discrimination takes place when rules that apply to a group of employees or applicants are reasonable in theory, but less fair to a specific protected characteristic in practice. For example, if all employees are required to Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 work one Saturday a month, this would be indirect discrimination against employees of the Jewish faith because Saturday is a religious day for them. Sometimes discrimination is justified – this is known as objective justification. For example, if a surgeon’s eyesight has deteriorated to the point where they are unable to carry out operations, their workplace would be justified in changing the surgeon’s duties in order to protect patients. If you think you are being discriminated against at work, you can: Check if you’re covered by the law Check if your employer is responsible Identify the discrimination that applies to your case (there may be more than one situation) You can then decide what action to take, and whether to seek legal advice. 3. Health and safety laws apply to your working environment: Under the Health and Safety at Work Act (1974), employers have a duty to provide a safe, healthy environment for their employees. This includes providing facilities such as toilets, wash basins and clean drinking water, keeping the workplace clean, ventilated and well lit, and maintaining any equipment used. 4. Statutory sick pay: Eligible employees can get Statutory Sick Pay (SSP) of £95.85 per week. You must: Have done some work for your employer Earn an average of at least £120 per week before tax Been ill, self-isolating or shielding for at least four days in a row (including non-working days) You can get SSP for up to 28 weeks. How many days you can get it depends on why you’re off work. If you’re shielding from coronavirus, you can get SSP for the period specified in the letter advising you to shield. If you’re self-isolating, you can get SSP for every day if you have to self-isolate, if you’re unable to work from home. You must self-isolate for a minimum of four days to qualify. If you’re off sick for reasons unrelated to coronavirus, you can get SSP from the fourth day you’re off sick. The three days before this are known as “waiting days” Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 – you can only be paid for them if you’ve already received SSP within the last eight weeks, and that included a three-day waiting period. 5. Statutory maternity and paternity rights Maternity leave and pay Leave Employees have the right to take Statutory Maternity Leave, which is 52 weeks. The first 26 weeks is known as Ordinary Maternity Leave The last 26 weeks is known as Additional Maternity Leave You don’t have to take all 52 weeks. However, you must take two weeks’ leave after your baby is born, or four weeks if you’re employed by a factory. All your employee rights are protected while you’re on maternity leave. Pay Statutory Maternity Pay (SMP) is paid for up to 39 weeks, in the same way as your wages. You receive 90% of your average weekly earnings before tax for the first six weeks. For the next 33 weeks, you receive either £151.20 or 90% of your average weekly earnings – whichever is lower. You qualify for SMP if you: Earn at least £120 a week (on average) Give your employer at least 28 days notice Give your employer proof you’re pregnant (a doctor or midwife’s letter or your MATB1 certificate) Have worked for your employer continuously for at least 26 weeks continuing into the qualifying week, which is the 15th week before the expected week of childbirth SMP starts at the same time as your maternity leave. Paternity leave and pay Leave Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 Employees have the right to take paternity leave if their partner has a baby, providing they give the correct notice. You must have been continuously employed by the same employer for at least 26 weeks up to any day in the 15th week before the baby is due (known as the qualifying week). You can choose to take one or two weeks. They must be taken in one go and your leave must end within 56 days of the birth. All your employee rights are protected while you’re on paternity leave. Pay The statutory weekly rate of your paternity pay is either £151.20, or 90% of your average weekly earnings, depending on which is lower. This money will be paid in the same way as your wages. You qualify for paternity pay if: You are employed by your employer up to the date of the birth You have been continuously employed by your employer for at least 26 weeks up to any day in the 15th week before the baby is due You earn at least £120 per week before tax You give your employer notice using the SC3 form, at least 15 weeks before the baby is due 6. You are allowed to request flexible working: Employees who have worked continuously for the same employer for at least 26 weeks have the right to request flexible working (known as making a statutory application). You can make this application once per year. You must write to your employer to make the request and include the following information: The date A statement that this is a statutory request Details of how you want to work flexibly When you want to start An explanation of how flexible working could affect the business and how this can be dealt with A statement saying if and when you made a previous application for flexible working Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 Your employer must make a decision within three months. They must change the terms and conditions in your contract if they grant your request. If they refuse it, they must explain the business reasons behind their decision. 7. You are entitled to time off for annual leave: Employers must provide employees who work a five-day week at least 28 days of paid annual leave per year. This can include bank holidays. You can accrue holiday entitlement during maternity, paternity and adoption leave and while off sick. 8. Minimum notice periods: A minimum notice period is the length of time your employer must give you before your employment ends, or that you give an employer before you leave their service. Both of these should be detailed in your contract. There are statutory minimum notice periods: One week’s notice must be given you you have worked between one month and two years You are entitled to one week for every year worked, up to a maximum of 12 weeks, if you have worked between two and 12 years The minimum statutory notice periods apply even if your employment contract states a shorter length of time. If your contract gives a higher notice period, you have the right to receive the longer notice period. 9. Statutory redundancy pay: You have the right to receive statutory redundancy pay if you’ve been working for your employer for two or more years, with length of service capped at 20 years. You’ll receive: Half a week’s pay for each full year you were under 22 One week’s pay for each full year you were between the ages of 22 and 40 One-and-a-half week’s pay for each full year you were aged 41 or more Weekly pay is calculated as the average you earned per week over the 12 weeks before the day you received your redundancy notice. 10. Protection against unfair dismissal: Employers must give a lawful reason if they choose to terminate an employment contract. They must also give the agreed amount of notice in the contract (unless this is lower than the statutory minimum notice period), and follow a fair procedure throughout the process. A fair dismissal occurs for one of the following reasons: 1. Your conduct 2. Your ability to do the job Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 3. Redundancy 4. You no longer meet a legal requirement necessary to carry out your job (for example, if you had to drive but lost your license) You can also have your contract terminated for some other substantial reason outside of these four. There are some cases where the dismissal would be considered unfair. You must have been continuously employed by your employer for a minimum of two years in order to be legally protected against unfair dismissal. However, there are some instances of unfair dismissal where you’re protected from your first day. These include: Being a member of a trade union Refusing to give up a statutory right, such as the right to a break or asking for flexible working hours Whistleblowing (if you report wrongdoing you’ve seen at work) Being dismissed because of a protected characteristic, such as race, religion, pregnancy or sexual orientation Employers must pay former employees compensation if an employment tribunal decides their dismissal was unfair. This can be up to one year’s pay, capped at £86,444 (whichever is lower). Make note of your rights as an employee and you will be able to identify when they are not being met. If you do need to seek legal advice, contact our dedicated team of employment lawyers. Conflicts of Interest Conflict of interest is a common issue in the workplace. Most of us have heard someone say, “It’s who you know, not what you know.” We have heard co-workers complain that a manager’s relative always gets the biggest raise or the best assignment. We might have seen colleagues accept gifts from potential vendors. Maybe a coworker leaves work 20 minutes early every day so she can get to her second job. A supervisor may give a co-worker time off from work to do volunteer work or might allow employees to solicit donations and funds in the workplace, whether for the Girl Scouts or a local school function. Even though these situations are very different, they all fall under the heading of “conflict of interest.” What is a Conflict of Interest? A conflict of interest occurs when an individual’s personal interests – family, friendships, financial, or social factors – could compromise his or her judgment, decisions, or actions in the workplace. Government agencies take conflicts of interest so seriously that they are regulated. Industry organizations, corporations, and universities, including our university, Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 follow that lead by including conflicts of interest in our policies, regulations, and standards of operating procedures. For our university, we must follow Florida’s Code of Ethics for Public Officers and Employees that includes standards of conduct and reporting requirements. Conflicts of interest are a clash that most often occurs between requirements and interests. Various types of conflicts of interest can occur because of the nature of relationships versus rules of organizations or federal and state laws. People can easily become biased (have an unfair preference) because of small things like friendship, food, or flattery, or they may be influenced to make a decision because of the potential to gain power, prestige, or money. Conflicts can occur when an individual makes or influences a decision and does so for some personal gain that may be unfair, unethical, or even illegal. The important part is what you do in each of those situations. Do you allow your family, friendship, financial, or inside knowledge affect your actions? If you do, you could be violating state statute and university policy. In our work lives, we also have interests that could influence the way we do our jobs and the decisions we make. Even if we never act on them, there may be an appearance that a conflict of interest has influenced our decisions. Consider this example. Your supervisor is promoted to department director. His daughter-in-law is hired as a new supervisor within the college but is not reporting to him. Maybe the new supervisor is the best candidate for that position, and maybe the new department director had nothing to do with her hire. Even if this hire met all of the requirements under our Employment of Relatives policy, the situation appears suspicious and employees may think that something was unfair or unethical about her hire. Transparency (being completely open and frank) becomes important when dealing with both actual and potentially perceived conflicts of interest. Perception happens when an individual observes something (behavior or activity) and comes to a conclusion. Perceiving a conflict of interest does not make it a conflict of interest. The true test of verifying whether a matter is just a potentially perceived conflict of interest, or an actual conflict of interest, is disclosure. When it comes to conflicts of interest, appearance is as important as reality. This is why disclosing conflicts of interest is important. Disclosure is typically a more formal and documented process that most organizations have adopted in policy to address conflicts of interest. The disclosure process is intended to help the work force be transparent and accountable for (explain or justify) their actions and decisions. Disclosure of a potential conflict of interest does not make it an actual conflict, but may help eliminate the Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 perception. On the other hand, disclosure of an actual conflict of interest does not remove the conflict, but helps get it in the open to be properly addressed. It’s important to disclose both potentially perceived and actual conflicts of interest to allow others to evaluate the matter and make the decision, rather than keep it to oneself and then create an ethical or legal situation. The individual cannot make the determination as to whether it is a conflict or not because he or she does not have an independent or objective point of view. When you identify a situation that may be a conflict, or could be perceived as a conflict, notify your supervisor or University Compliance, Ethics, and Risk. They can help advise you on how to either remove the conflict by recusing yourself from the situation altogether, or develop a management plan to manage the conflict. Employee Relationship at workplace Every individual at the workplace shares a certain relationship with his fellow workers. Human beings are not machines who can start working just at the push of a mere button. They need people to talk to, discuss ideas with each other and share their happiness and sorrows. An individual cannot work on his own, he needs people around. If the organization is all empty, you will not feel like sitting there and working. An isolated environment demotivates an individual and spreads negativity around. It is essential that people are comfortable with each other and work together as a single unit towards a common goal. It is important that employees share a healthy relationship with each other at the workplace. Let us find out why employee relations are important in an organization: There are several issues on which an individual cannot take decisions alone. He needs the guidance and advice of others as well. Sometimes we might miss out on important points, but our fellow workers may come up with a brilliant idea which would help us to achieve our targets at a much faster rate. Before implementing any plan, the pros and cons must be evaluated on an open forum where every employee has the right to express his opinions freely. On your own, you will never come to know where you are going wrong, you need people who can act as a critic and correct you wherever you are wrong. If you do not enjoy a good relationship with others no one will ever come to help you. Work becomes easy if it is shared among all. A healthy relationship with your fellow workers would ease the workload on you and in turn increase your productivity. One cannot do everything on his own. Responsibilities must be Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 divided among team members to accomplish the assigned tasks within the stipulated time frame. If you have a good rapport with your colleagues, he will always be eager to assist you in your assignments making your work easier. The organization becomes a happy place to work if the employees work together as a family. An individual tends to lose focus and concentration if his mind is always clouded with unnecessary tensions and stress. It has been observed that if people talk and discuss things with each other, tensions automatically evaporate and one feels better. Learn to trust others, you will feel relaxed. One doesn’t feel like going to the office if he is not in talking terms with the person sitting next to him. An individual spends around 8-9 hours in a day at his workplace and practically it is not possible that one works non stop without a break. You should have people with whom you can share your lunch, discuss movies or go out for a stroll once in a while. If you fight with everyone, no one will speak to you and you will be left all alone. It is important to respect others and expect the same from them. An individual feels motivated in the company of others whom he can trust and fall back on whenever needed. One feels secure and confident and thus delivers his best. It is okay if you share your secrets with your colleagues but you should know where to draw the line. A sense of trust is important. Healthy employee relations also discourage conflicts and fights among individuals. People tend to adjust more and stop finding faults in each other. Individuals don’t waste their time in meaningless conflicts and disputes, rather concentrate on their work and strive hard to perform better. They start treating each other as friends and try their level best to compromise and make everyone happy. A healthy employee relation reduces the problem of absenteeism at the workplace. Individuals are more serious towards their work and feel like coming to the office daily. They do not take frequent leaves and start enjoying their work. Employees stop complaining against each other and give their best It is wise to share a warm relationship with your fellow workers, because you never know when you need them. You may need them any time. They would come to your help only when you are nice to them. You might need leaves for some personal reasons; you must have a trusted colleague who can handle the work on your behalf. Moreover healthy employee relations also spread positivity around. MODULE 3: Code of Ethics TOPICS: Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 Principle of Ethics Compliance based and values-based code of ethics Professional obligation Role of regulatory authority Respect for Privacy Confidentiality Informed Consent and debriefing ➔ Principle of Ethics Autonomy: The recognition that people have the right to make their own choices, hold their own views and take actions based on their own personal values and belief systems. Respect for autonomy is a norm that obliges us to respect the decisions (self-determination) of adults who have decision-making capacity. Three conditions must exist for autonomous action by those with capacity to choose: Intentionality Understanding Absence of controlling influences that determine their action. ★ The following moral rules or obligations are derived from the application of the principle of respect for autonomy: Tell the truth. Respect the privacy of others.. Protect confidential information. Obtain consent for interventions with patients. Confidentiality Based on loyalty and trust. Maintain the confidentiality of all personal, medical and treatment information. Information to be revealed for the benefit of the patient and when ethically and legally required. Fidelity“To be loyal and honest” Keeping promises or commitments, both stated and implied. Veracity/To be honest Not engaging in an act or omission of a dishonest, deceitful or fraudulent nature Veracity of Electronic Information- assisting clients in determining the validity and reliability of information found on the Internet and/or other technology applications Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 Beneficence The principle of beneficence is a moral obligation to act for the benefit of others. There are 2 aspects of beneficence: 1. Providing benefits 2. Balancing benefits and risks/harms. The principle of beneficence supports the following moral rules or obligations: Protect and defend the rights of others. Prevent harm from occurring to others. Remove conditions that will cause harm. Help persons with disabilities. Rescue persons in danger. Principle of equity or justice: ➔ To each person an equal share ➔ To each person according to need ➔ To each person according to effort ➔ To each person according to contribution ➔ To each person according to merit. ➔ Do not cause pain or suffering. ➔ Do not incapacitate. ➔ Do not cause offense. Do no harm or Nonmaleficence The principle of nonmaleficence holds that there is an obligation not to inflict harm on others. It is closely associated with the maxim primum non nocere (first do no harm). The principle of nonmaleficence supports the following rules: 1. Do not kill. 2. Do not cause pain or suffering. 3. Do not incapacitate. 4. Do not cause offense. ➔ Compliance based and values-based code of ethics A compliance-based code of ethics is developed to ensure that the business and its employees comply with all laws and regulations in an appropriate manner. Three key elements include the prevention, detection and punishment of non-compliant behavior. For example, Jeremy's compliance-based code may prohibit his employees from making material misrepresentations of facts when acting within the scope of their employment. Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 Telephone sales are monitored to ensure that the sales force complies with the code and sales people are punished if they fail to do so. Compliance-based ethical codes do have their critics. Compliance-based ethics do not foster independent thought and autonomy. They don't empower employees to be ethical actors, but rather use strict rules of fear and punishment to enforce the code. Perhaps more importantly, compliance-based ethics does not necessarily encourage a general idea of ethical behavior. The Three Purposes of a Compliance Program: 1. Prevention à ➔ Written policies/code of conduct ➔ Compliance officer and oversight ➔ Training/education 2. Detection à ➔ Reporting hotline ➔ Monitoring/auditing and internal reporting ➔ Non Intimidation/no harassment 3. Corrective Actionà ➔ Investigations/remediation ➔ Disciplinary policies The 7 Elements of a Compliance Program Are as Follows: 1. Implementing written policies, procedures, and standards of conduct. 2. Designating a compliance officer and compliance committee. 3. Conducting effective training and education. 4. Developing effective lines of communication. 5. Conducting internal monitoring and auditing. 6. Enforcing standards through well-publicized disciplinary guidelines. 7. Responding promptly to detected offenses and undertaking corrective action. Value based code of ethics A value-based code of ethics addresses a company's core value system. It may outline standards of responsible conduct as they relate to the larger public good and the environment. Value-based ethical codes may require a greater degree of self-regulation than compliance-based codes. Downloaded by Ansh Upadhyay ([email protected]) lOMoARcPSD|48744386 Some codes of conduct contain language that addresses both compliance and values. For example, a grocery store chain might create a code of conduct that espouses the company's commitment to health and safety regulations above financial gain. That grocery chain might also include a statement about refusing to contract with suppliers that feed hormones to livestock or raise animals in inhumane living conditions. VALUE BASED ETHICS have a variety of behavioural qualities which are as follows: 1. Honesty ➔ It is about intent to convey the truth as best we know it and to avoid communicating in a way likely to mislead or deceive. ➔ Honesty in conduct prohibits stealing, cheating, fraud, and trickery. Cheating is not only dishonest but takes advantage of those who are not cheating. It’s a violation of trust and fairness. ➔ Not all lies are unethical, even though all lies are dishonest. Occasionally dishonesty is ethically justifiable, such as when the police lie in undercover operations or when one lies to criminals or terrorists to save lives. But occasions for ethically sanctioned lying are rare - e.g. saving a life. 2. Integrity ➔ There are no differences in the way an ethical person makes decisions from situation to situation - no difference in the way they act at work and at home, in public and alone. The person of integrity takes time for self-reflection so that the events, crises and the necessities of the day do not determine the course of their moral life. They stay in control. 3. Reliability ➔ When we make promises or commitments to people our ethical duties go beyond legal obligations. The ethical dimension of promise-keeping imposes the responsibility of making all reasonable efforts to fulfill our commitments. ➔ Avoid bad-faith excuses ➔ Avoid unwise commitments ➔ Avoid unclear commitments 4. Loyalty ➔ Loyalty is about promoting and protecting the interests of certain people, organizations or affiliations. an expectation of loyalty. ➔ Prioritizing Loyalties. ➔ Safeguarding

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