Business Ethics Dr. Reena Mehta 1 Why do you have subject of Business Ethics? 2 What are your expectation from the course of Business Ethics? 3 What is Business? 4 What is Ethics? 5 What is Business Ethics? Do you think business can be run ethically? 6 Ethics is personal Information is neutral and amoral 5 Myths Good business means good ethics Business and ethics don’t mix Business ethics is relative 7 8 Vanessa-Mae Violinist Vanessa-Mae has been banned from skiing for four years after results were manipulated to help her qualify for the Sochi Winter Olympics. Vanessa-Mae - from child prodigy to Olympian A skier since the age of four, it was her ambition to compete in the Olympics for more than 20 years. Made her international professional musical debut at the age of 10 in 1988 and the same year made her concerto debut. Released her first album, Violin, when she was 13 years old. She has amassed worldwide record sales in excess of 10 9 million. • Some of the findings of the FIS investigation: • The results of two giant slalom races on 19 January included a competitor who was not present at, and did not participate in the Krvavec competitions. • Another competitor was placed second in one race despite the fact she fell. Her time is understood to have been adjusted afterwards by more than 10 seconds. • A previously retired competitor with the best FIS points in the competition took part for the sole purpose of lowering the penalty to the benefit the participants in the races. • The weather conditions were so bad that no regular race could be held and "any comparable competition in Slovenia would have been cancelled" according to the competition referee. 10 11 • He was made director of Infosys Ltd.2000, • Fired from the company in 2002. • He became the Chief Executive Officer of iGate Corporation in 2003 • Murthy became President in 2006 • Re-elected in 2010. • The board of iGate sacked its President and CEO Murthy in May 2013, following an investigation into a relationship that he had with a subordinate employee and a claim of sexual harassment. 12 13 Jeffrey Skilling • He received a full scholarship to for his engineering from a University in Dallas. • After graduation, he went to work for a Houston bank, which sent him to Harvard Business School. Graduating in the top 5% of his class as a Baker Scholar. • He became a consultant at Mckinsey & Company in the energy and chemical consulting practices. • Skilling became one of the youngest partners in the history of McKinsey. 14 15 • He placed 11th in the World Championship Road Race, with the best time of any American since 1976. • From 1999 to 2005, Armstrong won seven consecutive Tour de France titles, inspiring others with his cancer survival. • In 2012, the U.S Anti-Doping Agency stripped Armstrong of his seven Tour titles—as well as other honors he received from 1999 to 2005—and banned him from cycling for life, 16 17 Vikram Narula of SKS finance • He led the company to a successful IPO in 2010 reaching a market capitalization of $2.2 billion and an outreach of 7.3 million low-income borrowers in 2011 by which time it had disbursed more than $5 billion in micro-loans as well as micro-insurance products. • For his work in financial inclusion, he was named by TIME Magazine as one of the 100 most influential people in the world in 2006. • He has a BA from Tufts, an MA from Yale, a Ph.D. from the University of Chicago, was a Fulbright Scholar. • Has worked with McKinsey & Company and the Worldwatch Institute. He was named the Ernst & Young (Start Up) Entrepreneur of the Year in India, the World Economic Forum’s Young Global Leader, the Schwab Social Entrepreneur of the Year in India, and was a 1998 Echoing Green Public Service Fellow. 18 19 Suzuki Alto 800 Tata Nano Ford Figo Hyundai i10 The Figo and the Polo were the only ones which had stable frames, while the others failed the tests completely. • Recently they tested the Maruti Suzuki Swift and Datsun Go, both of which failed the tests. • • • • • 20 • India ranks sixth largest in the world for the production and sale of passenger cars • Could become the world’s third largest market by 2020. • The export share of the country’s passenger car production has risen over the last ten years from 10% to 21% • Of the 1.24 million people who lose their lives each year on the world’s roads, more than one in ten is an Indian. Annually India suffers around 140,000 road traffic fatalities, accounting for 11.3% of the total. Nissan’s 21 Uphaar Tragedy (1997) • • • • 59 people died and 103 were seriously injured Family of dead awarded Rs.15-18 lacs each in 2003. Injured got Rs. 1 lac each Interest 9% for the period of 6 years from 1997 to 2003 22 BUSINESS ETHICS LEVELS International Level Societal Level Association Level Organizational LevelOO Individual Level 23 • • • • • 2G Spectrum scam -Rs. 1.76-lakh crore Commonwealth Games scam -Rs. 70000 crore Adarsh Housing scam-Rs. 900 crore Foodgrain scam in UP -Rs. 2 lakh crore $213 billion in illicit financial flows from the country between 1948 and 2008. • http://daily.bhaskar.com/article/NAT-IDP-sunday-special-scams-put-indian-economy-on-backfoot1846614.html 24 Rediff.com » Business » The world's biggest shoplifters; India ranks No. 1! Last updated on: November 14, 2011 13:16 IST India: 2.38 per cent This is one record India does not want to hold. For the third consecutive year, Indians have topped the Global Retail Theft Barometer. 25 Corruption Perceptions Index (2013) Rank: 94 /177 Bribe Payers Index (2011) Rank: 19 /28 By Transparency International http://www.transparency.org 26 Doing Business 2014 Rank Doing Business 2013 Rank*** Change in Rank 134 134/189 131 -3 27 • A recent report from the World Bank ranked India • 132nd out of 183 economies for ease of doing business, • 181st for dealing with construction permits • 182nd for enforcing contracts. The World Economic Forum Global Competitiveness report for 2011–2012 • ranked India 96th of 142 economies for burden of government regulation. 28 DEFINITION Ethics : “Ethos” means character ■ It is science of morals ■ It is recognised rule of conduct ■ It is science of character of a person expressed as right or wrong conduct or action. 29 Law and Ethics Differences between law and ethic . A law is something you must obey. Ethics is how society expects you to behave 30 Morals and Ethics ■ Ethics and morals both relate to “right” and “wrong” conduct. ■ Ethics refer to the series of rules provided to an individual by an external source. e.g. their profession. ■ Morals refer to an individual’s own principles regarding right and wrong 31 What is Moral? What is Ethical? 32 What is Moral ? • • • • Conforming to a standard of right behaviour. Morals are dictated to us by either society of religion We are not free to choose You either accept or you don’t 33 What is Ethics • Moral is ‘Conforming’ and Ethics is ‘Choosing’ • ‘Principles of conduct’ that you choose to govern you life is guiding principle • Eg. of Lying in moral as well Ethics • In moral thinking is already done, in Ethics there is freedom to think and choose. • Morality comes from society so relative • Ethics come from person 34 Do unto others as you would have them do unto you. 35 Types of Individuals, Managers, Managements ■ Immoral ■ Amoral ■ Moral 36 Immoral Management ■ It cares only about their or companies profitability and success. They see legal standards as barriers or impediments their strategy is to exploit opportunities for personal or corporate gain. 37 Amoral Management ■ This management is neither immoral nor moral but is not sensitive to the fact that their everyday business decisions may have deleterious effects on others. These management lack ethical perception or awareness 38 Moral Management ■ It not only confirms to accepted and high level of Professional Conduct, they also commonly exemplify leadership on ethical issues. Management wants to be profitable, but only within the confines of sound legal and ethical percept, such as fairness, justice and due process. 39 40 Theory of Ethics 41 Tata Group Welfare Measures Year Enactment of Indian Law 8 hours of working 1912 1948 Free medical aid 1915 1948 Welfare Dept. 1917 1948 Schools for employees Children 1917 - Works Committees for Grievance handling 1919 1947 Leave with Pay 1920 1948 Worker’s Provident Fund 1920 1952 Workmen’s Accident Compensation 1920 1924 Training of Apprentices 1921 1961 Maternity Benefit 1928 42 1946 Tata Group Welfare Measures Year Enactment of Indian Law 8 hProfit- sharing Bonus 1934 1965 Retiring Gratuity 1937 1972 TISS 1936 Tata Memorial Centre for Cancer Research and Treatment 1941 TCS 1968 Tata Airlines 1932 TIFR 1945 43 Corporate Social Responsibility 44 • Human Development Report 2013 released by the United Nations Development Programme (UNDP): • India’s rank 136 among 186 countries on its human development index . 45 46 a) 50% of children under 4 malnourished b) 33% of children below 14 out of school c) 60% women anemic d) 5 Mln.++ are HIV positive – growing at a compounded rate of 10% each year e) 500,000 child deaths/year due to respiratory disease f) 1 Mln. preventable infant deaths (63/1000 for India, 13/1000 in Kerala) g) 130 Mln. without basic health h) 226 Mln. without safe drinking water 47 DIFFERENCE GOOD COMPANY GREAT COMPANY Excellent Products & Services Excellent Products/services & Makes the world a better place Corporate Social Responsibility Philip Kotler and Nancy Lee say, “CSR is a commitment to improve community well being through discretionary business practices and contribution of corporate resources.” 49 50 Reason for CSR • • • • Getting Visibility Rectifying Image Strategic CSR Doing good for the society 51 Corporate Social Responsibility • • • • • • • • • Corporate Citizenship Corporate Philanthropy Corporate Giving Corporate Community involvement Societal Marketing Community Relations Community Affairs Community Development Global Citizenship Cause Related Marketing • “The public association of a for-profit company with a nonprofit organization, intended to promote the company's product or service and to raise money for the nonprofit." • American Express 1980s -restore the Statue of Liberty. American Express made a one-cent donation to the Statue of Liberty whenever an American Express charge card was used. The result : • 45% increase in the number of new card holders • card usage increased by 28%. • millions of dollars were raised for the Statue of Liberty. 53 Who Must Comply? ■ Every registered company with: ■ Net worth Rs 500cr or ■ Turnover Rs 1,000cr or ■ Net profit Rs 5cr; during any financial year 54 Who Will Be Accountable? ■ Company to constitute a CSR Committee of the board members consisting of at least 3 directors ■ At least 1 committee member to be an independent director 55 What Will The CSR Committee Do? ■ Formulate and recommend to Board, a CSR Policy which shall indicate the activities to be undertaken ■ Recommend amount of expenditure to be incurred on activities ■ Monitor CSR Policy of the company from time to time 56 What Will Be The Role Of The Board Of Directors? ■ Review recommendations made by the CSR Committee ■ Approve CSR Policy for the company ■ Disclose contents of the Policy in company's report/website ■ Ensure that company spends at least 2% of its average profits during previous 3 financial years. 57 What Are The Activities A Company Can Undertake? ■ As per Schedule VII, activities, as a Project Mode: ■ Eradication of hunger and poverty ■ Promotion of education ■ Promotion of gender equality and women empowerment ■ Health - reducing child mortality, improving maternal health, combating HIV, AIDS, malaria ■ Such other matters as may be prescribed 58 What Are The Activities A Company Can Undertake? ■ Employment enhancing vocational skills ■ Contribution to PM's fund or other fund set up by central govt or the state govts for socio-economic development and relief and funds for the welfare of SC, ST, backward classes, minorities and women ■ Ensuring environmental sustainability ■ Social business projects 59 CSR • Project Nanhi Kali reaches out to over 78,000 girls from socially or economically deprived communities across nine states in India. Sponsorship program Rs.2,300/- per year for sponsoring one girl child. • Shiv Nagar's in U.P: Kunal Bahl, 15 hand pumps: cost only $5000 • SCM: 33,000 people participated raising 20 crore in charity. 60 61 What is Whistleblowing? • Term Whistleblowing comes from Whistle Blower- the perpetrator of exposure of misconduct, dishonesty or illegal activity occuring in an organization. • Reference drawn from games where refree blows a whistle to indicate foul or illegal gameplay. • The term Whistle-Blower coined in 1970s by US civic activist Ralph Nader Types of Whistle Blowers Internal Whistleblower- Who report misconduct within the organization External Whistleblower- are those who report misconduct to outside persons or entities. Purpose of whistle blowing • To draw attention to unethical, inappropriate or incompetent conduct which has or may have detrimental effects either for the institution or for those affected by its functions. • It extends to situations where an individual believes that an activity is harmful while others involved are not aware of it. Stages of Whistle blowing • Stage One – Is There a Potential Whistle Blowing Scenario ? • Stage Two – Seriousness Test • Stage Three– Becoming Aware of the Big Picture • Stage Five – Forcing Management Recognition of the Problem • Stage Six – Taking the Problem to Upper Management • Stage Seven – Going Outside the Organization • Stage Eight – Living with The Results Determinants of Whistleblowing Magnitude of consequences • An employee considering whistleblowing must ask himself or herself these questions: How much harm has been done or might be done to victims? Will the victims really be "beneficiaries"? • If one person is or will be harmed, it is unlikely to be a situation that warrants whistleblowing. Determinants of Whistleblowing Probability of effect • The probability that the action will actually take place and will cause harm to many people must be considered. • An employee should be very sure that the action in question will actually happen. • If the employee does not know if the action will happen and if the action will harm people (or the environment), the employee should reconsider his or her plan to blow the whistle. • In addition, the employee must have absolute proof that the event will occur and that people (or the environment) will be harmed. Determinants of Whistleblowing Temporal immediacy • An employee must consider the length of time between the present and the possibly harmful event. • An employee must also consider the urgency of the problem in question. The more immediate the consequences of the potentially unethical practice, the stronger the case for whistleblowing. For example, the effects of toxic waste dumping that are likely to occur in a week are more pressing than the firing of 100 employees next year. Determinants of Whistleblowing Proximity • The physical closeness of the potential victims must be considered. For example, a company that is depriving workers of medical benefits in a nearby town has a higher proximity than one 1,000 miles away. • The question arises about matters of emotional proximity or situations in which the ethical question relates to a victim with some emotional attachment to the whistleblower. Concentration of Effort • A person must determine the intensity of the unethical practice or behavior. • The question is how much intensity does the specific infraction carry. For example, according to this principle, stealing $1,000 from one person is more unethical than stealing $1 from 1,000 people. Benefits of Whistleblowing • Some examples of serious ethical violations that have resulted in whistleblowing. These examples represent significant consequences to businesses: • • • • • Dumping of toxic waste Padding an expense report Violating laws about hiring and firing Violating laws about workplace safety Violating health laws which lead to documented illness and even death • Businesses that engaged in unethical practices have been shut down because of the actions of whistleblowers. • Lives have been saved, and severe damage to the environment has been averted. • Satyendra Dubey wasCase an engineer employed by NHAI Satyendra Dubey 2003 • He was Assistant Project Manager at Koderma Kharkhand, managing Golden Quadrilateral managing Aurangabad-Barachatti section of National Highway 2 (The Grand Trunk Road) • He pointed out to his superiors subcontracting controlled by Mafia with no action taken. • He was then transferred to Gaya in Bihar where he exposed large scale violations regarding subcontracting and quality control. • He wrote letter to then PM Atal Bihari Vajpayee highlighting high level corruption in NHAI, detailing irregularities. • He also highlighted subcontracting issues with main contractor Larsen and Toubro. • On November 27, Satyendra Dubey was killed by unidentified assailants. • CBI took charge of his case. Legacy • In 2010, 3 persons found responsible for the murder were sentenced to life imprisonment by special CDI court • S. K. Dubey Foundation for Fight Against Corruption was founded in the US by Ashutosh Aman (IIT Kanpur, Satyendra's batchmate) and Atal Bansal (IIT Kanpur) to systematically fight against corruption. • IIT Kanpur instituted an annual award in his name, Satyendra K Dubey Memorial Award, to be given to an IIT alumnus for displaying highest professional integrity in upholding human values. Manoranjan Kumar and Kandla port trust • In 2006, IES officer Manoranjan Kumar was appointed KPT vicechairman • In December 2007, he submitted a report to the Shipping Ministry about a land scam of over 1,000 acres. • In January 2008, he was asked to proceed on three months leave, along with then chairman Janardan Roa, who was reportedly one of the accused in the report filed by Kumar. • With the Shipping Ministry not taking any action against his report, Kumar moved the CVC and sent a copy of the report to CBI. • While the CBI took up the inquiry, the CVC did not act upon it. • Kumar moved the CAT in August 2008. • The Shipping Ministry did not act on CAT’s order dated August 2008 for Kumar’s repatriation. Legacy • Kumar, who again moved the CAT, won the case in February 2009. This time the CAT slammed CVC in strong words for failing to protect the officer and asked the Shipping Ministry to send him back to KPT and pay compensation of Rs 25,000. • Kumar finally won the case on March 18 in the High Court, moved by the shipping ministry seeking a stay on the CAT order. Dinesh Thakur and Ranbaxy • Dinesh Thakur, former Ranbaxy director and global head of research information & portfolio management • He informed the management about not violation of norms in world class practices in two of its plants. But management failed to correct it. • The case went to drug authorities of US and after 8years of investigation they found Ranbaxy guilty of it and fined USD500 million • It leads to effective drug regulations regard less of place of its manufacturing. Cynthia Cooper Case • Cynthia Cooper was the whistleblower who exposed massive accounting fraud at WorldCom in 2002. • A native of Clinton, Mississippi, Cooper worked as the Vice President of Internal Audit at WorldCom. • After conducting a thorough investigation in secret, she informed WorldCom's board that the company had covered up $3.8 billion in losses through phony bookkeeping. • At the time, this was the largest incident of accounting fraud in U.S. history. Aftermath • Cooper was named as one of three "People of the Year" by Time magazine in 2002. Shanmughan Manjunath case • MBA from IIM-Lucknow and Marketing manager of IOCL in Lakhimpur Kheri • Nightmare for petrol outlet owners • Ordered two petrol pumps at Lakhimpur Kheri sealed for selling adulterated fuel for three months. • When the pump started operating again a month later, Manjunath decided to conduct a surprise raid around November 19, 2005 • Manjunath was shot dead by petrol pump owner Aftermath Manjunath Shanmugam Trust -Broader agenda of improving governance in Indian public life Manjunath Shanmugam Integrity Award -Carries a citation and a Rs. One Lakh Cash Award to honor those who have reported and worked to rectify systemic corruption Kerosene subsidy -Re-look into subsidy mechanism of Kerosene by Government • Cherly Eckard was Quality Control manager at GlaxoSmithKline in Cherly Eckard Case • • • • • Cidra, Puerto Rico. In July 2002, she found and warned her supervisors of abysmal conditions in the production unit and requested production be stopped immediately. But her request was ignored. She continued to report multiple violations, including contaminated water system, an air system that allowed products to be crosscontaminated and pills of different strengths mixed in the same bottles, among other problems, according to a newspaper. These reports were ignored and Cherly Eckard was eventually blocked out by the senior officials of the company. She was sacked in 2003 at a meeting. She reported the company to FDA in August 2003, citing the fact that her reports being constantly ignored by the company. Legacy • A lawsuit was filed under False Claims Act • On October 27, 2010, the lawsuit was settled for $750 million out of which Cherly Eckard received $96 million as damages. The Insider • Jeffrey Wigand, vice president for tobacco research and development at Brown & Williamson. • Wigand became the whistle-blower on Big Tobacco, telling how the industry minimized tobacco's health and safety issues. • His story was told in the movie The Insider. The tale gets nasty. Wigand was fired in 1993. • His former employer publicized unsubstantiated allegations of shoplifting and domestic abuse from his past. Aftermath • Wigand now runs a nonprofit foundation in South Carolina devoted to educating children about health issues, including tobacco use and alcohol consumption. Karen Silkwood • Karen Gay Silkwood was an American chemical technician and labor union activist. • She worked at the Kerr-McGee Cimarron Fuel Fabrication Site plant and her job was making plutonium pellets for nuclear reactors fuel rods. • On November 5, 1974, Silkwood performed a routine self-check and found that her body contained almost 400 times the legal limit for plutonium contamination. • Silkwood again tested positive for plutonium after some time, although she had performed only paperwork. • She thought she had been contaminated at the plant and had assembled documentation for her claims, including company papers. Aftermath • She decided to go public with this evidence. • On November 13, 1974, Silkwood left a union meeting at the Hub Cafe and her dead body was found in car, which had run off the road. JP Morgan Chase Whistle blower(2012) • When Linda Almonte alerted her boss at JPMorgan Chase about potential fraud in a major deal she was helping to close, she expected him to applaud her great catch. Aftermath: • Instead of applauding, she got fired. Edward Snowden’s Whistleblowing Saga(2013) Snowden worked for U.S. government contractors privy to classified information and was employed by NSA contractor. • Snowden discovered that the NSA was spying on Americans. Snowden violated the Espionage Act of 1917, first by stealing classified government documents, then by making them public. • Aftermath: • Snowden is charged as a traitor who betrayed his country and a criminal in search of a safe haven. Physical or psychological Effects of Whistle-Blowing Forced to leave organization/demotion Credibility ruined Family, health, and/or life in jeopardy Outrage and divisiveness of people directly or indirectly involved isolation Organization experiences loss of money, restitution, productivity, and positive reputations. Incarceration