Principle # 5 – Fair and respectful treatment of clients This presentation is made possible by the Smart Campaign www.smartcampaign.org Agenda 1. Client protection principles 2. Principle #5 in practice 3. Participant feedback 4. Tools for improving practice 5. Conclusion and call to action 2 Client Protection Principles 1. Appropriate product design and delivery 2. Prevention of over-indebtedness 3. Transparency 4. Responsible pricing 5. Fair and respectful treatment of clients 6. Privacy of client data 7. Mechanisms for complaint resolution 3 Agenda 1. Client protection principles 2. Principle #5 in practice 3. Participant feedback 4. Tools for improving practice 5. Conclusion and call to action 4 Fair and respectful treatment of clients The Principle in Practice: Providers and their agents treat clients fairly and respectfully. They do not discriminate. They will ensure safeguards are in place to detect and correct corruption. Consider this: Most abuses happen during the loan sales and debt collection processes—these need special attention by providers. 5 The Principle in Practice Set ethical standards Spell out organizational values and standards of professional conduct for staff in a Code of Ethics. It should be approved by the Board and signed by staff. Set appropriate debt collection practices Establish the precise steps to take in case of default including actions that should not be taken and behavior that is prohibited. Inform clients of their rights and the highlights of the Code. Train staff on ethics Recruit and train staff in line with Code of Ethics. Train collections staff on appropriate practices for loan recovery. 6 The Principle in Practice Set fair collateral policies Establish: 1) a policy on acceptable pledges of collateral (don’t accept assets vital to survival) and 2) a policy on rescheduling loans for clients who are willing to repay. Incentivize appropriate behavior Use incentives that encourage ethical behavior and do not put staff in a “conflict of interest” with the clients—particularly during loan collection. Enforce penalties for violations Monitor staff compliance with ethical standards and enforce sanctions for non-compliance. The same rules should apply to third-party collections agents. 7 The role of management Creating a Code of Ethics for the institution. Communicating the importance of ethics to staff on a regular basis. Training staff to respond to ethical dilemmas tailored for their position. Empowering managers to follow up on ethical complaints. Establishing an Ethics Committee that rewards ethics and sanctions violations. Training today: Handling delinquent clients 8 The code at the center Management Code of Ethics Human Resources Internal Audit 9 Examples of inappropriate practices Offensive language and threats • Credit staff uses offensive or abusive language. • Collections agents threaten clients or harass them at work, home, or their place of worship. • Collections agents enter a client’s home and/or seize Unethical seizure of property Subcontracting to unethical businesses Careless debt extension property without a judicial order. • The institution accepts collateral that may deprive borrowers of their basic survival capacity. • The institution subcontracts collections to businesses that are not subject to the same ethical standards as the institution. • The institution issues automatic debt extensions. 10 Effects on the client and the institution Clients mistrust the institution, and tell others. Clients mistrust the institution, and tell others. To avoid humiliation, clients go to extremes to repay their loans. Inappropriate Collections Practices 11 Staff rely on coercion for repayment, rather than good portfolio management. What a code of ethics includes Norms of Conduct Institutional Philosophy Ethical Expectations Enforcement Methods Mission & Values Norms of Conduct Updating the Code 12 Source: Adapted from Compartamos Banco Conflict of Interest Harassment Privileged Information Use of Company Property Client/Staff Relationships Safeguarding the Company Reputation Corruption Respecting the Work Environment Keeping a code “alive” Annual Review of Code Ethics workshops Internal polices incorporate the Code of Ethics New employees must sign Refresher campaign each year Training includes examples of real situations Tested on Code after 90 days Annual recertification test 13 Source: Compartamos Banco Good Practices from Around the World One MFI includes “ethical behavior” in its annual performance reviews in order to give employees feedback on their behavior and find out how successful the organization has been in building an ethical culture. Another MFI designed a training program on ethical behavior that includes specific ethical dilemmas for different job functions. The training modules are based on experiences that employees face at work. 14 Agenda 1. Client protection principles 2. Principle #5 in practice 3. Participant feedback 4. Tools for improving practice 5. Conclusion and call to action 15 Feedback from participants Have you received training at your institution that highlights ethical staff behavior? Appropriate collections practices? Can you describe an ethical lapse or ethical success at your institution or elsewhere? What kinds of collections practices have you seen at your own (or other) MFIs? 16 Agenda 1. Client protection principles 2. Principle #5 in practice 3. Participant feedback 4. Tools for improving practice 5. Conclusion and call to action 17 Tools available from the Smart Campaign Technical Tools Getting Started Questionnaire: Self Assessment for MFIs How to Develop a Code of Ethics & Example Codes Smart Lending Smart Savings Technical Guide for Investors Samples and Case Studies Client Welcome Kit Best Practices in Collections Strategies Code of Conduct for Collections from Swadhaar Smart Note: Collections with Dignity at FinComun Activities for Training Staff on Customers’ Rights Code of Conduct E-Learning Module 18 Conclusion An institution's corporate culture should value and reward high standards of ethical behavior and service. What is considered appropriate/inappropriate behavior should be specified in advance and staff should be trained regularly. Clients must be treated with dignity at all times, and collection efforts should never be abusive or coercive. Good practices are available to help institutions achieve a collections system that is both effective and ethical. Call to Action: What next steps can your institution take to create a corporate culture that values high ethical standards among staff? What next steps can your institution take to improve collections practices? 19 Feedback from Participants Endorse the Smart Campaign. Visit www.smartcampaign.org What’s next? Sign up to receive news and information. Download the Getting Started Questionnaire and conduct a client protection self-assessment. Email us! comments@smartcampaign.org 20