S HS S BUSINESS ETHICS Module 10 Business Ethics Grade 12: Module 10 First Edition, 2021 Copyright © 2021 La Union Schools Division Region I All rights reserved. No part of this module may be reproduced in any form without written permission from the copyright owners. Development Team of the Module Author: Medel L. Balino, T III Editor: SDO La Union, Learning Resource Quality Assurance Team Illustrator: Ernesto F. Ramos Jr., P II Management Team: Atty. Donato D. Balderas, Jr. Schools Division Superintendent Vivian Luz S. Pagatpatan, Ph.D Assistant Schools Division Superintendent German E. Flora, Ph.D, CID Chief Virgilio C. Boado, Ph.D, EPS in Charge of LRMS Lorna O. Gaspar, EPS in Charge of ABM Michael Jason D. Morales, PDO II Claire P. Toluyen, Librarian II Target The business community is confronted with a great deal of challenges and opportunities. Being part of the social order and as society expects, businesses are prodded, asked or encouraged to improve their business practices in ways that respect ethical values, people, communities and the environment. In response to these challenges, businesses recognize that, aside from making profit, they are morally obliged to become more innovative, competitive, productive and responsible members of the society. It is morally obligatory even if not legally required for businesses to protect and uphold the interest of their stockholders and meet the tests of good corporate citizenship. This module would provide you with information and activities that will help you understand what social responsibility is all about with regards to issues and ethical principles in entrepreneurship like basic fairness, personnel and customer relations distribution dilemmas, fraud, unfair competition, unfair communication, non-respect of agreements, environmental degradation, etc. After going through this module, you are expected to: 1. Formulate a morally defensible position on ethical issues in entrepreneurship like basic fairness, personnel and customer relations distribution dilemmas, fraud, unfair competition, unfair communication, non-respect of agreements, environmental degradation, etc. (ABM_ESR12-IVi-l-3.2; ABM_ESR12-IVi-l-3.3) Jumpstart Activity 1: Direction: Tell something about the picture below in one paragraph consisting of 5 sentences. Write in a separate sheet of paper. https://s3.amazonaws.com/lowres.cartoonstock.com/environmental-issues-business-money-finances cgon453_low.jpg investment-investing- Discover Introduction What you did in the previous activity is somewhat related to what we are going to study in this lesson. The fundamental reason for examining the activities of business from the moral perspective is for the promotion of the common good, protection of the individual’s interests and the preservation of the human society in general. Without ethics, business will be chaotic because there will be no understanding and agreement about what is wrong and right in the human conduct. Ethics in any field must be rooted in a sense of morality and justice that is associated with human action. Social responsibility is a moral obligation of each and every individual, institution, business and organization since they all compose the society. Looking back in our objective on the previous pages, “formulate a morally defensible position on ethical issues in entrepreneurship like basic fairness, personnel and customer relations distribution dilemmas, fraud, unfair competition, unfair communication, non-respect of agreements, environmental degradation, etc.” Let as first try to understand the issues buy discussing them one by one. 1. Basic Fairness Let’s try to review back about the terminology “fairness.” Fairness in the context of a business organization involves balancing the interests involved in decision making including any decisions related to hiring, firing (including the investigatory process), and the compensation and rewards system. Recent research has expanded the meaning of equity or fairness. Historically, equity theory focused on distributive justice, the employee’s perceived fairness of the number of rewards and who received them. However, organizational justice draws a bigger picture. Employees perceived their organizations as just when they believe rewards and the way they are distributed are fair. In other words, fairness or equity can be subjective; what one person sees as unfair may be perfectly appropriate for another. In general, people see allocations or procedures favoring themselves as fair. Overall, fairness has to do with justice, which is to give to another that which is due him or her. More concretely, justice: (1) looks at the balance of benefits and burdens distributed among members of a group; and/or (2) can result from the application of rules, policies, or laws that apply to a society or a group. In general, the results of actions override utilitarian results. 2. Personnel and Customer Relations There are two subjects here, the first is about personnel relations and the second is on customer relations. Let us first discuss the former, then the next will be the latter. What is Personnel Relations? Personnel is synonymous to the word “employee” and also to “human resource.” So, we can use the word employee relations in replace of the word personnel relations. It’s just the same and when we search topics on personnel relations, employee relations will be the one to appear. The term employee relations refer to a company's efforts to manage relationships between employers and employees. An organization with a good employee relations program provides fair and consistent treatment to all employees so they will be committed to their jobs and loyal to the company. Such programs also aim to prevent and resolve problems arising from situations at work. What is Customer Relations? The way a business relates to its customers, clientele and patrons is known as customer relations. Also called customer service, some companies hire people specifically to manage how the company interacts and communicates with people. The goal is to retain existing customers and to gain new ones by providing the best customer relations they can, and – hopefully, to find better customer services than those their competitors provide. There are several components that go into superb customer relations. Customer relations is the process and manner by which a business develops, establishes, and maintains relationships with its customers. Businesses rise and fall through the support of their customer bases. Consequently, it is absolutely essential that you develop effective customer relations. On a practical level, customer relations is effectively communicating with your customers and promptly addressing complaints and treating them as opportunities for improvement. In other words, listen to your customers! 3. Fraud Let’s take a look what is the meaning of fraud in the dictionary. It means intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. It also means an act of deceiving or misrepresenting. Fraud is synonymous to deception, deceit, treachery, and swindling. In simple terms in Filipino, it is translated as “Pandaraya” and “Panloloko.” Business Fraud Business fraud consists of dishonest and illegal activities perpetrated by individuals or companies in order to provide an advantageous financial outcome to those persons or establishments. Also known as corporate fraud, these schemes often appear under the guise of legitimate business practices. An array of crimes fall under business fraud, including the following: Charity fraud: Using deception to get money from individuals believing they are making donations to legitimate charity organizations, especially charities representing victims of natural disasters shortly after the incident occurs. Internet auction fraud: A fraudulent transaction or exchange that occurs in the context of an online auction site. Non-delivery of merchandise: Fraud occurring when a payment is sent but the goods and services ordered are never received. Non-payment of funds: Fraud occurring when goods and services are shipped or rendered but payment for them is never received. Overpayment scheme: An individual is sent a payment significantly higher than an owed amount and is instructed to deposit the money in their bank account and wire transfer the excess funds back to the bank of the individual or company that sent it. The sender's bank is usually located overseas, in Eastern Europe for example, and the initial payment is found to be fraudulent, often after the wire transfer has occurred. Re-shipping scheme: An individual is recruited to receive merchandise at their place of residence and subsequently repackage the items for shipment, usually abroad. Unbeknownst to them, the merchandise was purchased with fraudulent credit cards, often opened in their name. 4. Unfair Competition Is competition good or bad? Competition is healthy and can be a motivation for firms to produce better products or offer better services. Without competition, firms can just relax and quality will suffer. Thus, competition becomes bad only when it eliminates a competitor in a cutthroat competition. Some practices include under cost selling or selling their products below cost just to get rid of their competitors. Difference between Fair and Unfair Competition Fair competition is doing business under ethical rules of conduct, behavior and judgement. It is attaining success in business through the merits of its products or services while unfair competition is unethical business practice. It is doing business with the goal of profit without regard to others. In general, unfair competition consists of: Deceptive trade practices such as misrepresentation and false advertising; Business interference to prevent a competitor from continuing with its business process or business contract; Anti-competitive market practices such as under cost selling to kill the competitor; Defamation of a competitor or badmouthing a competitor to a customer; Caveat emptor or indirect misrepresentation by withholding information from the buyer; and Violation of Intellectual property right such as copyrights, patents, trademarks and service marks. Article 168 of R.A. 8293 (Intellectual Property Code of the Philippines) is specifically about unfair competition on the use of trademarks, service marks and trade names. Under this R.A. and article. The following shall be deemed guilty of unfair competition: a. Any person who is selling his goods and gives the general appearance of the goods of another, either in the goods of themselves or in wrapping of the packages, which would likely influence buyers to believe that the products being offered are those of the manufacturer or dealer other than the actual manufacturer. b. Any person who, by any artifice, or device, induces the false belief that such person is offering the services of another who has identified such services in the mind of the public. c. Any person who shall make false statements in the course of trade or shall commit any other act in bad faith to discredit the goods, services or business of another. 5. Unfair Communication Communication is an important tool for a small business owner. Communications with employees, customers and vendors may involve product promotions, job offers, contract negotiations and discussions regarding the competition. Using such an important business tool requires a sense of responsibility on the part of the communicator to adhere to ethical guidelines. Legal Violations While the concept of ethics generally relates to a person's responsibility to communicate fairly, without bias and with respect to those affected by the communication, violations of ethics in communications can become legal violations. Breaching confidentiality or purposely communicating lies about a person or an organization, for example, can be considered a legal issue as well as an ethical issue. Legal violations of communications, such as slander, can result in sanctions by governing bodies or criminal ramifications. Truthfulness Sometimes, an untruthful piece of communication is just an oversight. However, not checking facts is a violation of ethics, particularly when communicating information about a product, competitor, customer or employee, into the piece of communication. A lack of fact-checking shows a lack of responsibility to verify information that is being communicated. If the information might prove detrimental to the subject, the communicator has an obligation to make certain the information is accurate. For example, stating that a competitor uses a substandard material in his product without verifying the information violates ethics and may result in legal consequences. Confidentiality Relaying information that was provided in confidence or that was overheard in someone else's conversations is a violation of communication ethics. The act of spreading rumors is degrading to a small business owner who needs to earn the trust and respect of his employees and customers to be successful. In addition, some breaches of confidentiality can also carry legal consequences. Many contracts are written with confidentiality clauses. Business owners working in the medical industry may be subject to HIPAA regulations that forbid them from disclosing any information about medical providers or clients. Offensive Messages Communication that is offensive to the receiver or to anyone affected by the information contained in the message violates ethical communication guidelines. The communication may offend others because of references to race, gender, income level, background or education level. Stories and jokes are prime examples of communication that have the potential to offend the recipients. Any topic to which others may be sensitive should be avoided in business communication, including religion and political issues, to avoid offending others and possibly committing a violation of communications ethics. Communication is an extremely important part of every society. In this lesson, we're going to talk about unethical communication and see what sort of behaviors harm ethical interactions. Communication Ethics The communications revolution of the last decade has fundamentally changed the ways that modern people interact, share information, and otherwise communicate. Communication is a big part of our lives, and this means that it is powerful. Anything with that much power needs to be examined, which is why a number of scholars spend their time examining issues of communications ethics. Ethical and Unethical Communication Scholars of communications ethics, along with historians, sociologists, psychologists, and others, have long noted that language has power. Our societies are built around shared systems of communication; we develop culture through the ways we communicate our ideals with each other, and even our personal identities and psychological well-being can be impacted by our ability to communicate with others. Language can be used to support an ideology, emotionally wound, rally the masses, or inspire devotion. Keep in mind that language is only a small portion of communication, and that non-verbal forms of communication can be just as influential. So, communication is powerful, and therefore has ethical boundaries. Communication used to improve interpersonal relations or to bring moral changes to society is ethical communication. Communication used to undermine relationships or encourage social immorality is unethical communication. The exact definitions of these depend on the ethics system of your culture, but most people agree that ethical communication builds positive relationships, while unethical communication impairs them. Interpersonal Communication Unethical communication can be very damaging, but impacts people differently at different levels. Let's start with interpersonal communication, or the systems of exchange between individuals. Communication is the centerpiece of interpersonal relationships, through which people build trust, express emotions, and establish connections. Ethical communication encourages this, while unethical communication undermines interpersonal relationships. This can be extraordinarily damaging, as much of or psychological and social well-being depends on healthy relationships. Institutional Communication While unethical communication can hurt interpersonal relationships, it can also undermine healthy social relationships. Institutions, from companies to entire governments, have moral and ethical obligations to communicate transparently and without bias or prejudice. As groups of authority, institutions have the power through their communication habits to influence the communication systems within a large group of people. Unethical communication practices at the institutional level tend to favor a few people over the majority, specifically those in power. Unethical Behaviors Now that we understand the ways that unethical communication can impact people on personal and social levels, let's explore some behaviors commonly accepted to be unethical. Plagiarism Our first unethical communication behavior is plagiarism. Plagiarism describes the un-credited use of someone else's ideas. We see it often in writing, when an author steals from other writers. Plagiarism hurts trust and the credibility of publishing institutions, undermining a society's ability to communicate openly and freely. However, plagiarism is about more than just writing. In the colonial era, European empires had a strong habit of taking responsibility for any positive event or development, while blaming negative events on the local populations. This created a structure of power that was biased against local populations. It has only been with the on-going post-colonial studies of the 20th and 21st centuries that many instances of cultural or social plagiarism are being uncovered. Ethics in Business Communication As business practices become more transparent and the people behind those businesses become more public, customers and patrons begin to expect more from these businesses. It’s no longer a faceless corporation trudging along making a profit and paying their investors. Because of this, in order to be successful in today’s environment, a company has to be socially conscious and to behave ethically. That’s a trend whose thread is woven into every aspect of business, and that’s not a bad thing. Communicators should absolutely be cultivating a level of trust and integrity in each of their messages. They should be socially conscious and inclusive in their communications. It’s what audiences expect and, frankly, what they should have. Guidelines for Ethical Communication It’s not enough for a communicator to craft a message that’s clearly understood by his audience, leveraging the seven principles of business communication: • Clear • Concise • Objective • Consistent • Complete • Relevant Understanding of Audience Knowledge In reality, if you adhere to the seven principles, you will communicate ethically. For instance, if you craft a message that is not clear and concise, and you use tricky language that manipulates your consideration for your audience’s • knowledge, then you are not being ethical. If you’re not being objective, and you are trying to communicate your opinion (or the opinion of others) as fact, then you are not being ethical. If you purposely do not disclose complete information, then you are not being ethical. You don’t have to look too far today to see examples of unethical communication; they’re all over the media. “Fake news” media sites abound, even though social media outlets like Facebook and Twitter are making efforts to prevent them from being posted and shared. 6. Non-respect of Agreements The synonym of the word agreement is “contract” and “treaty”. The Basics of Business Contracts and Agreements Contracts and agreements are important for conducting business for all sizes of companies. In earlier decades, there were few written business contracts, and many business and personal deals were done with a handshake. If a problem arose, the two parties could take the issue to court, and a judge would hear the case even if the contract was not put into writing. While a verbal contract is still legal (except for in specific situations), most contracts are documented in written form. Contracts have become increasingly detailed these days, and every effort is made to make all possibilities and eventualities clear. Enforceable Contracts In addition to being clear and specific, a contract must meet certain criteria to make it legally enforceable. A legally enforceable contract can be used in court to support a decision on a disputed item. If a contract does not have certain essential ingredients, it is not legally enforceable. Most contracts never see a courtroom and they could easily be verbal unless there is a specific reason for the contract to be in writing. When something goes wrong, a written contract protects both parties. If one party to a valid (enforceable) contract believes the other party has broken the contract (the legal term is breached) the party being harmed can bring a lawsuit against the party who it believes has breached the contract. The legal process, or litigation, determines whether the contract has been breached or whether there are circumstances that negate the breach. The court, however, will only hear a contract dispute if the contract is valid. Contracts vs. Agreements Many people use the terms contract and agreement interchangeably, but they are not precisely the same thing. Black's Law Dictionary defines an agreement as "a mutual understanding between...parties about their relative rights and responsibilities." It defines a contract as "An agreement between...parties creating obligations that are enforceable." Essentials of Business Contracts There are six required, essential elements for a contract to be valid (enforceable by a court). The first three, considered here together, relate to the agreement itself, and the other three relate to the parties making the contract. Offer, Acceptance, and Mutual Consent Every contract must include a specific offer and acceptance of that specific offer. Both parties must consent to their free will. Neither party can be coerced or forced to sign the contract, nor must both parties agree to the same terms. Implied in these three conditions is the intent of the parties to create a binding agreement. If one or both parties are not serious, there's no contract. Consideration There must be something of value exchanged between the parties. The thing of value may be money or services, but both parties must give something (otherwise, it is a gift, not a contract). Competence Both parties must be of "sound mind" to comprehend the seriousness of the situation and understand what is required. This definition requires that neither party be minors, both must be sober (not under the influence of drugs or alcohol when signing the contract), and neither can be mentally deficient. If one party is not competent the contract is not valid and the non-competent party can disavow (ignore) the contract. Legal Purpose The contract must be for a legal purpose. It cannot be for something illegal, like selling drugs or prostitution. Remember that it is not illegal to enter into a contract that doesn't have all of these essential items; it just means that if an essential is missing the contract cannot be enforced by a court. When a Contract Must Be in Writing As noted above, verbal contracts can have the force of law, but some types of contracts must be in writing, like long-term contracts and contracts for marriage (pre-nuptials). There is also such a thing as an implied contract. You can unknowingly enter into a contract with someone and be forced to abide by its terms. Nevertheless, agreements may not be the same as contracts. The first may not be enforceable, and the latter is enforceable. But not doing or following what’s in the agreement creates not good relationship among those parties contracted or agreed. Business Contracts & Ethics While business contracts are legally binding documents, they are only effective within an ethical framework that assumes most parties observe and fulfil their contractual obligations. Competing for, obtaining and satisfying contracts ethically is the basis for an efficiently functioning economy. If your company engages in unethical behavior, you may lose contracts, especially those with governments, and waste valuable resources in legal entanglements with contractual partners seeking damages. Determining Prices Ethically You have to have some basis for determining your prices, such as cost-plus profit or market levels. Setting the prices for your contracts in this way is ethical, while basing your prices on manipulation or hidden factors is not. Once you have calculated the contract price, you have to ensure that you present it in a transparent fashion, without hidden costs. An ethically negotiated contract strikes a balance between the benefits to the supplier and purchaser. The successful execution of such a contract delivers advantages to both parties, and both parties have a stake in avoiding problems. Avoiding Conflicts of Interest Some conflicts of interest are ethically unacceptable, such as bidding on work for which you decide who is awarded the contract, but you can avoid other types of conflict of interest with transparency. When a conflict of interest arises because of factors beyond your control, such as your company considering a contract with a supplier in which a member of your family has an interest, you have to address the issue publicly. Ideally, you declare the conflict and refrain from participating in the relevant decisions, possibly asking the family member to do the same. Competing Fairly A competitive market gives you feedback on the value you are offering to customers as compared with your competitors. When you obtain a contract through fair competition, you know that you have been successful in presenting exceptional value. When a competitor receives the contract, you have to work on reducing prices or increasing quality. Unfair competition through collusion or price fixing, when you secretly agree on elevated bid prices with your competitors, is not only unethical but hurts the effectiveness of the market. Companies that don't present good value receive orders at the expense of those with the best prices and highest quality. Market signals are distorted and all market participants lose out in the long term. Observing Laws and Regulations Laws and regulations protect the consumer, employees and other market participants. When you develop an offer and sign a contract, you have to keep legal and regulatory constraints in mind. Even if your adherence to laws is not likely to be verified, an ethical company prepares and executes contracts within such constraints. When you are in doubt as to the legality of contract provisions, it is good ethical practice to err on the safe side and avoid legal problems that come with trying to define the exact legal limits and coming too close to borderline practices. Breach of Contract and Lawsuits In a perfect world, business contracts would be entered into, both sides would benefit and be pleased with the outcome, and no disputes would arise. But in the real world of business, delays happen, financial problems can crop up, and other unexpected events can occur to hinder or even prevent a written contract from being carried out and one party ends up suing the other. The following is a discussion of the legal concept of "breach of contract" and an overview of your legal options should such a breach occur. What Is a Breach of Contract? A business contract creates certain obligations that are to be fulfilled by the parties who entered into the agreement. Legally, one party's failure to fulfil any of its contractual obligations is known as a "breach" of the contract. Depending on the specifics, a breach can occur when a party fails to perform on time, does not perform in accordance with the terms of the agreement, or does not perform at all. Accordingly, a breach of contract will usually be categorized as either a "material breach" or an "immaterial breach" for purposes of determining the appropriate legal solution or "remedy" for the breach. Remedies for a Breach of Contract When an individual or business breaches a contract, the other party to the agreement is entitled to relief (or a "remedy") under the law. The main remedies for a breach of contract are: A. Damages, B. Specific Performance C. Cancellation and Restitution Damages The payment of damages — payment in one form or another — is the most common remedy for a breach of contract. There are many kinds of damages, including the following: A. Compensatory damages aim to put the non-breaching party in the position that they would have been in if the breach had not occurred. B. Punitive damages are payments that the breaching party must make, above and beyond the point that would fully compensate the nonbreaching party. Punitive damages are meant to punish a wrongful party for particularly wrongful acts, and are rarely awarded in the business contracts setting. C. Nominal damages are token damages (small amount of damages) awarded when a breach occurred, but no actual money loss to the nonbreaching party was proven. D. Liquidated damages are specific damages that were previously identified by the parties in the contract itself, in the event that the contract is breached. Liquidated damages should be a reasonable estimate of actual damages that might result from a breach. Specific Performance If damages are inadequate as a legal remedy, the non-breaching party may seek an alternative remedy called specific performance. Specific performance is best described as the breaching party's court-ordered performance of duty under the contract. Specific performance may be used as a remedy for breach of contract if the subject matter of the agreement is rare or unique, and damages would not suffice to place the non-breaching party in as good a position as they would have been in had the breach not occurred. Cancellation and Restitution A non-breaching party may cancel the contract and decide to sue for restitution if the non-breaching party has given a benefit to the breaching party. "Restitution" as a contract remedy means that the non-breaching party is put back in the position it was in prior to the breach, while "cancellation" of the contract voids the contract and relieves all parties of any obligation under the agreement. 7. Environmental Degradation The Valdez Principles The Coalition for Environmentally Responsible Economics (CERES) in Boston, USA drafted in 1990a Guide to The Valdez Principles. This is a list of principles that explains how to deal with environmental issues. From the business and management points of view, this list is like the ten commandments of environmental protection. The Valdez Principles were formulated after a major oil spill from an Exxon tanker – the Exxon Valdez which ran aground near Valdez, Alaska, on March 24, 1989 and spilled 240,000 barrels – 11 million gallons of crude oil which eventually covered 2,600 square miles of Prince William Sound and the Gulf of Alaska, Although the Exxon spill was not the largest ever, it was one of the worst in terms of environmental damage and long-term effects. The ten Valdez Principles that ask companies to agree which includes the following actions: A. Protection of the Biosphere 1. Minimize or eliminate the release of any pollutant. 2. Safeguard habitats in rivers, lakes, wetlands, coastal zones, and oceans. 3. Minimize contributions to the greenhouse effect, depletion of ozone layer, acid rain and smog. B. Sustainable Use of Natural Resources 1. 2. Make sustainable use of natural resources. Conserve non-renewable natural resources through efficient use and planning. 3. Protect wildlife habitat, open spaces, and wilderness while preserving biodiversity. C. Reduction of Disposal Waste 1. 2. 3. Minimize creation of hazardous waste. Recycle Materials. Dispose waste through safe methods. D. Wise use of energy 1. 2. 3. Use environmentally safe and sustainable energy source. Invest in improved energy and conservation in our operation. Minimize energy efficiency of products we produce and sell. E. Risk Reduction 1. Minimize the environmental, health, and safety risks to our employees and the communities where we operate. F. Marketing of Safe Products and Services 1. 2. Sell products and services which have minimum adverse environmental impact, and safe for consumption. Inform consumers of the environment impact of our products and services. G. Damage Compensation 1. 2. Take responsibility for any harm we cause to the environment while making every effort to fully restore the environment. Compensate those who are adversely affected. H. Disclosure 1. 2. Disclose to our employees and to the public incidents relating our operations that cause environmental harm. Take no action against employees who report any condition that creates a danger to the environment. I. Environmental Directors and Managers 1. 2. Commit management resources to implement the Valdez Principle. Establish a Committee of Board of Directors for Environmental Affairs J. Assessment and Annual Audit 1. 2. Conduct and make public an annual self-evaluation of our progress in implementing the Valdez Principles Work towards the timely creation of interdependent environmental audit procedures to be completed every year and to be made available to the public. 8. The Problem of Just Wage Work and Compensation Work is said to be for the purpose of obtaining economic gain for laborer. Most Agree that work is directed to the promotion of life. The duty to preserve one’s life implies the duty to work and that each has a personal duty to take care of himself and not to be a burden to others. Being compensated for a work done or for services rendered is part of the essence of work. One is willing to work in exchange for remuneration of rewards he will receive from working. Such remuneration may include both financial and nonfinancial compensation. It can be in the form of wages, shares on profit, harvest or commercial goods, in-kind payments, and other remunerative fringe benefits. The main objective of compensation is to create a system of reward that is equitable to the employer and employee. Thus, the general concern is that justice should be a substance of compensation. The Question of Just Wage The question of “What is a just wage?” or “How do you define a fair wage?” has a long history. A number of people all over the world commented on its definition and have argued on the appropriate criteria to consider in setting the so-called just wage. A just wage is defined as that remuneration which is enough to support the wageearner in reasonable and frugal comfort. The Catholic Church teaches us that “a just wage is the legitimate fruit of labor.” Philippine Constitution and Republic Act 6727 Spread in various parts of the 1987 Philippine Constitution are specific pronouncements and mandates on the protection and promotion of the rights of workers in the public and private sectors. The Wage Rationalization Act declared the policy of the state to rationalize the fixing of minimum wages and to promote productivity-improvement and gain-sharing scheme to ensure a decent standard of living for the workers and their families. The minimum wage rates shall be adjusted in a fair and equitable manner, considering existing regional disparities in the cost of living and other socioeconomics factors. Government Agencies Involved In our country, determination of wages must also be equitable and just. The National Wage and Productivity Commission (NWPC) and the Regional Tripartite Wages and Productivity Boards (RTWPB) determine the minimum wage for Filipino workers. They handle the minimum wage rates of the workers of each and every region of the country. It is their duty that wage shall be as nearly adequate as is economically feasible to maintain the minimum standards of living necessary for the health, efficiency and general well-being of the workers. Factors to Consider in the Formulation of Fair Wages Every employer faces the problem of setting wage rates and salaries. a. External Market Factors Refers to the supply and demand for labor and the so-called economic conditions and underemployment. The Principle behind this is that wages are relatively high if there is scarce supply of labor, and the same is low if there are more opportunities for labor. b. Law and Regulation Workers should be paid in accordance with laws and regulations issued by the government. It requires that employers pay at least the minimum wage. The government usually determines the minimum wage for its country. But still, the minimum wage is not always acceptable as fair and just. c. Cost of Living The cost of living relates to basic maintenance needs and it must be seriously considered in formulation of wages. A fair wage should be sufficient to meet the increase in cost of living. Thus, if the cost of living goes up by 10%, the wage should also go up by 10%. Unfortunately, it is a fact that majority of the employers cannot automatically adjust wages with the increase of cost of living. However, it is certainly clear that ignoring the cost-of-living means jeopardizing the welfare of workers. d. Prevailing Industry Rate Some claim that paying workers the average of what other companies are paying for the same job results in a fair wage. However, such claim is not universally valid because not all companies have a minimum wage high enough to maintain a decent standard of living. e. Organizational Factors Assessment on what type of industry the organization operates, the size of the company and the organization’s profitability to justify its ability to provide fair wages to its workers should be considered. Likewise, determining if the organization is unionized or not and if the company is capital or labor-intensive could contribute to the establishment of fair wage. f. Job Factors The nature of the job itself entails the formulation of a just wage. Duties, responsibilities and the skill requirements of the job are probably the most considerable determinants of fair wage. An employee should be paid based on the complexity and difficulty of his job. This concept, however, is not perfectly similar and true to all employees due to difference in interpretation of skills and tasks. g. Individual Performances The trends suggests that individual performances or productivity ratings affect the determination of wage/salary increases. One who performs well in his job deserves to receive a proportionate increase in pay. 9. Gift-Giving and Bribery Gift-Giving Gift-giving is merely an act of extending goodwill to an individual in an effort to share something with them. Giving gifts to customers, clients, and business partners is a common practice in the business community. It is normally observed during special occasions like Christmas, New Year, and sometimes even during birthdays. Business usually engages in gift-giving for the following reasons: To show appreciation for a favor received; To effectively establish goodwill with business partners; To advertise; and To compete effectively against competitors. The following are the common forms of gift-giving: Samples Raffle Coupons/certificates Rebates/cash funds Padding Premiums Prizes Patronage awards (rewards) Tie-up promotions Allowance Free Goods Tips Is Gift-Giving Ethical or Unethical? Business gifts of clients and business associates can raise conflict-of-interest problems, and knowing where to draw the line, between what is right and wrong, is not always easy. The clear point is that those who cross that line, intentionally or not, end up in big trouble. Factors in Determining the Morality of Gift-Giving a. Value of the Gift b. Purpose of the Gift c. Circumstances under which the gift was given or received d. Position between or relationship of the Giver and Receiver. e. Acceptable Business Practice in the Industry f. Company Policy g. Laws and Regulations Still, the ultimate moral judgement hinges on whether an objective partly could reasonably suspect that the gift might lead the recipient to sacrifice the interest of the firm for his own personal gain. Bribery Bribery is defined as a practice of giving remuneration for performance of an act that is consistent with the work contract or the nature of the work one has been hired to perform. It is intended to induce people inside the business or other organization to make decisions that would not be justifiable according to normal business or other criteria. It was then identified to be a form of corruption and is generally immoral and for most is illegal. Remunerations, termed as bribes, can be in the form of money, gifts, entertainment, or preferential treatment. Examples of bribery: A motorist offers a certain amount of money to a police officer in order not to be issued a ticket for over speeding; A citizen seeking paperwork or utility line connections gives an expensive gift to a functionary in exchange for a faster service; A construction company sharing percentage of its income to a civil servant in order to win a contract; and A narcotics smuggler bribes a judge to lessen criminal penalties. In some cases, the briber holds a powerful role and controls of the transaction; in other cases, a bribe may be effectively extracted from the person paying it. Bribery is obviously unethical because of the following reasons. It is generally used as an instrument to gain personal or corporate advantage; It corrupts the concept of justice and equality; Bribery produces cynicism and general distrust of institutions; It destroys people’s trust in the integrity of professional services, of government and the courts, of law enforcements, religion, and anything it touches; and It treats people as commodities whose honor can be bought and sold. It thus tends to degrade the respect we owe to other human beings. 10. Morality of Advertising Advertising plays a very significant role in marketing goods and services. Without advertising, the consumers would not be aware of the presence of diverse products and services available in the market. Sometimes, even the mere presence of advertising can sell a product due to consumer perception that a heavily advertised product is a product of good value. Advertising has far reaching effects, sociology and economically, and it is important to note that it does not only dominate our environment but it also becomes part of our culture. Recognizing the effectiveness of advertising in generating sales, companies allocate an enormous amount of their budget for advertising. The primary purpose of advertising is to inform potential buyers of the availability of a certain product by providing relevant information on its uses, benefits and how it might serve the needs and wants of individuals. However, the use of advertising today has not been serving its intended purpose since very little information is conveyed to consumers and more often the information is not even useful. The economic system is characterized by high degrees of business competition where every producer would want to have a piece of the consumer’s demand; as a result, advertisements typically end making misrepresentations or false claims. From the point of morality, advertising in itself is not bad or immoral since it helps achieve the goals of both the seller and buyer. It only becomes immoral when, in the attempt to persuade consumers, the advertisements become deceptive, misleading, and manipulative. There is only one criterion in evaluating the morality of advertising, and that is, “to tell truth.” An advertisement that conveys truthful information is morally permissible. If an advertisement contains false statement and lies then it is said to be immoral. Philippine Laws on Advertising Consumer Act of the Philippines (R.A. 7394) Article 108 of the Act declares that “The State shall protect the consumer from misleading advertisements and fraudulent sales promotion practices.” The Department of Trade and Industry is responsible for enforcing the provisions of the Act. With respect to food, drugs, cosmetics, devices and hazardous substances, the Department of Health is the agency that oversees these products. Explore Enrichment Activity: Direction: In a coupon bond, draw or paste a caricature of a business ethical issue. Label with the issue related to it. Write a short reflection. Ethical Issue: ________________________________________ ________________________________ My Reflection: __________________ ________________________________ ________________________________ ________________________________ ________________________________ ________________________________ ________________________________ RUBRICS FOR THE CARICATURE/ DRAWING: Criteria 10 7 5 3 Relevance The caricature/ drawing very clearly depicts the issue. The caricature/ drawing clearly depicts the issue. The caricature/ drawing somewhat depicts the issue. The caricature/ drawing does not depict the issue. RUBRICS FOR REFLECTION Above Expectations Reflective Thinking Analysis Meets Expectations Approaching Expectations Below Expectations 4 3 2 1 The reflection explains the student’s own thinking and learning processes, as well as implications for future learning. The reflection explains the student’s thinking about his/her own learning processes. The reflection attempts to demonstrate thinking about learning but is vague and/or unclear about the personal learning process. The reflection does not address the student’s thinking The reflection is an in-depth analysis of the learning experience, the value of the derived learning to self or others, and the enhancement of the student’s appreciation for the discipline. The reflection is an analysis of the learning experience and the value of the derived learning to self or others. The reflection attempts to analyze the learning experience but the value of the learning to the student or others is vague and/or unclear. The reflection does not move beyond a description of the learning experience. Deepen Direction: From the following ethical issues in entrepreneurship, pick two (2) which you think are the most prevalent issues. Explain. Write it on a separate sheet of paper. Morality of Advertising Unfair Competition Environmental Degradation Fraud Gift-giving and Bribery The problem of Just Wage Basic Fairness Rubric: Personnel and Customer Relations Unfair Communication Non-respect of Agreements Criteria Excellent 10 Good 7 Fair 5 Poor 3 Clarity All the thoughts were very clear. Most of the thoughts were clear Some thoughts were clear. The thought can’t be understood. The stand was well reasoned out. The stand is somewhat reasonable. The stand is not so reasonable. The stand is completely unreasonable. of thoughts Reasoning Gauge Directions: Choose what issue is related to the statements. Write the letter of the correct answer in your answer sheet. 1. A shampoo ad on the television claim to make your hair straight even if you have a curly hair. A. Basic Fairness B. Morality of Advertising C. Gift-giving and Bribery D. The Problem of Just Wage 2. An accountant receives a big amount money in transacting faster the transaction of a client who is at the last of the queuing line. A. Basic Fairness B. Morality of Advertising C. Gift-giving and Bribery D. The Problem of Just Wage 3. An insurance agent who does not disclose all the important matters on the policy that it sold to a customer. A. Fraud B. Basic Fairness C. Unfair Communication D. Environmental Degradation 4. A competitor who bad mouths another competitor just to sell more of its services than the other. A. Fraud B. Basic Fairness C. Unfair Competition D. Unfair Communication 5. A Private hospital which does not segregate properly its waste and dumps it directly on the rivers nearby. A. Fraud B. Basic Fairness C. Unfair Communication D. Environmental Degradation An employee who has no SSS, Pag-ibig HMDF and Philhealth contribution? A. Basic Fairness B. Morality of Advertising C. Gift-giving and Bribery D. The Problem of Just Wage 6. 7. A supplier was chosen by the Bids and Awards Committee because each member of the committee will be receiving something in exchange of the favor. A. Basic Fairness B. Morality of Advertising C. Gift-giving and Bribery D. The Problem of Just Wage 8. A Hotel in Boracay has a septic tank which waste goes directly to the sea. A. Fraud B. Basic Fairness C. Unfair Communication D. Environmental Degradation 9. A newspaper report of a business owner accusing him to be dishonest and lacks integrity without substantial evidence. A. Fraud B. Basic Fairness C. Unfair Competition D. Unfair Communication 10. Company C received a deposit from Client D as a payment of the goods bought online, but the former didn’t deliver the said goods to the latter. A. Fraud B. Basic Fairness C. Unfair Communication D. Environmental Degradation References Printed Materials: Aleza Racelis (2017). Unit 1: Business Ethics and Social Responsibility (pp. 22-28): Sta. Mesa Heights, Quezon City: Rex Printing Press Fr. Floriano C. Roa (2011): Business Ethics and Social Responsibility – Second Edition (pp. 192-194): Sta. Mesa Heights, Quezon City: Rex Printing Press Fr. Floriano C. Roa (2011): Business Ethics and Social Responsibility – Second Edition (pp. 226-228): Sta. Mesa Heights, Quezon City: Rex Printing Press Fr. Floriano C. Roa (2011): Business Ethics and Social Responsibility – Second Edition (pp. 128-136): Sta. Mesa Heights, Quezon City: Rex Printing Press Fr. Floriano C. Roa (2011): Business Ethics and Social Responsibility – Second Edition (pp. 127-141): Sta. Mesa Heights, Quezon City: Rex Printing Press Fr. Floriano C. Roa (2011): Business Ethics and Social Responsibility – Second Edition (pp. 141-150): Sta. Mesa Heights, Quezon City: Rex Printing Press Websites: What is the synonym of personnel? Retrieved July 25, 2020 from https://thesaurus.yourdictionary.com/personnel https://www.lexico.com/synonym/personnel What is employee relations? Retrieved July 25, 2020 from https://study.com/academy/lesson/what-is-employee-relations-definition-lesson-quiz.html What is employee relations management? Retrieved July 25, 2020 from https://smallbusiness.chron.com/employee-relationship-management-709.html What is Customer Relations? Retrieved July 25, 2020 from https://smallbusiness.chron.com/customer-relations-43230.html https://study.com/academy/lesson/customer-relations-definitionlessonquiz.html#:~:text=Customer%20relations%20is%20the%20process,you%20develop%20e ffectiv e%20customer%20relations. What is CRM? Retrieved July 25, 2020 from https://searchcustomerexperience.techtarget.com/definition/CRM-customerrelationshipmanagement What is fraud? Retrieved July 25, 2020 from https://www.merriam-webster.com/dictionary/fraud https://www.fbi.gov/scams-and-safety/common-scams-andcrimes/businessfraud#:~:text=Offender%20Registry%20Websites,Business%20Fraud,guise%20of%20legitimate%20business%20practices. What is the synonym of fraud? Retrieved July 25, 2020 from https://www.collinsdictionary.com/dictionary/english/fraud What is the Tagalog of fraud? Retrieved July 25, 2020 from https://www.depinisyon.com/depinisyon-71852-fraud.php https://www.wordhippo.com/what-is/the-meaning-of/filipinoworda650d813f5434f9d17e67a881c8f9603bfec4326.html What is unfair communication? Retrieved July 25, 2020 from https://yourbusiness.azcentral.com/violations-ethical-communication-12080.html https://study.com/academy/lesson/unethical-communication-definitionbehaviors.html#:~:text=Communication%20used%20to%20undermine%20relationships,while %20unethical%20communication%20impairs%20them. https://courses.lumenlearning.com/wmopen-businesscommunicationmgrs/chapter/ethicsinbusiness-communication/”. What is the synonym of agreement? Retrieved July 25, 2020 from https://www.collinsdictionary.com/dictionary/english-thesaurus/agreement What is non-respect of agreements? Retrieved July 25, 2020 from https://www.thebalancesmb.com/basics-of-business-contracts-and-agreements-397811 https://smallbusiness.chron.com/business-contracts-ethics-74199.html What is business contracts? Retrieved July 25, 2020 from https://smallbusiness.findlaw.com/business-contracts-forms/breach-of-contractandlawsuits.html Image https://s3.amazonaws.com/lowres.cartoonstock.com/environmental-issues-businessmoneyfinances-investment-investing-cgon453_low.jpg Answer Key Gauge 1. B 2. C 3. C 4. C 5. D 6. D 7. C. 8. D. 9. D. 10. A