Wednesday, February 22, 2006

Can corporations learn to care about people?

(Note: This was my Managing for Society column in
Manila Times on February 21, 2006.)

Time and again, public harms have been caused by
corporate activities. A short list of corporate
misbehavior includes harming the environment through
factory emissions, harming employees through the
contractualization of essential jobs, and harming
customers through misleading or debasing promotional
practices or the sale of substandard products and
services.

What strikes me most about corporate misbehavior is
not that they happen, because any person can make a
mistake and the corporation is an artificial person,
after all: It's the fact that such misbehaviors keep
happening. Could this be because corporate leaders
are incorrigible in their greed and completely
insensitive to society's expectations? I doubt it.
Basic decency seems sufficiently, if not abundantly,
available among corporate leaders. I believe that at
the root of the problem are flaws in the basic nature
and design of the corporate entity itself. These
flaws make it very difficult, if not impossible, to
ensure the decent behavior of corporations no matter
the character of their leaders.

The first flaw is that corporations treat human beings
as commodities. To a corporation people are things
with a monetary value: employees are pieces of
expenses and customers are pieces of revenue in an
income statement. A commodity is a thing that can be
bought, used, replaced or disposed of, as needed. In
this view, employees are best when they can be as
cheap, replaceable and disposable as possible. Also,
if they don't like the conditions of their employment,
the argument goes, they can always leave. Similarly,
the unhappy customer faced with an unsafe or
substandard product can always choose to buy a
competing product.

In a market-oriented, commodity world, there are no
commitments to people. Relationships are contractual,
temporary and purely utilitarian. David Ellerman,
former World Bank economist, takes very strong
exception to this view of people as things and likens
it to slavery. Arguing in particular against the
commodity treatment of employees, he says that "the
capitalist, like the slave owner, has used a legalized
fraud, which pretends the worker is an instrument...."

The second flaw is that the corporation is designed by
law to be mainly accountable to shareholders and,
therefore, tends to downplay the welfare of the people
it affects. Joel Bakan, law professor at the
University of British Columbia, asserts that the
modern corporation, with its tendency for relentlessly
pursuing profit even at the expense of others,
perfectly fits the profile of the psychopathic
personality. The chilling cost-benefit analysis used
by managers in a well-known car manufacturer in the
70s to justify the sale of what they knew to be an
unsafe car model illustrates Bakan's point. The
perverse corporate logic goes: it is often cheaper to
allow harm to people and just pay for it later, should
one get caught.

Can the corporation be reformed to care more for
people? In 1973, UP law professors Guevara, Campos
and Bautista proposed that corporations be allowed to
include in their bylaws the right of employees to
choose among themselves a representative who will sit
in the board. Strangely, the provision did not make
it to the final version of the Corporation Code in
1979. In Germany, partly through the efforts of the
Catholic labor movement and the Christian Democrats,
corporations with more than 2,000 employees are
required to have equal representation of employees and
shareholders in the board.

For the Philippines, the only Catholic country in
Asia, it is unconscionable not to give a voice to
employees in the governance of the corporation. Such
a revision to the corporation code is long overdue and
may usher the way for a more humane corporation.

Tuesday, February 14, 2006

The ethics of Wowowee

The recent ULTRA stampede tragedy, where more than 70 fans of the ABS-CBN program Wowoweee died, has triggered widespread discussions on the duties and accountabilities of business, especially large corporations. I haven't made up my mind about the incident although I've always been concerned about aggressively marketed TV programs whose main appeal is easy money.
I have reproduced below a code of ethics for business prepared by the Bishops-Businessmen's Conference for Human Development in 1979. It could be a useful document for doing a sober, principle-based analysis of the ULTRA tragedy.
Under the section on Towards the Customers is the principle that "business shall, in the production of goods and services, avoid anything that would be detrimental to the health, safety or growth of the proper user or beneficiary of such goods and services." Did the managers behind Wowowee observe this principle?
Under the section on Towards Society in General is the principle that "business shall pay proper regard to the environmental and social consequences of their business activity, with special attention to the duty of renewing resources where possible and minimizing waste and pollution, and not sacrifice safety or efficiency in the interest of short term profitability." Did the managers behind Wowowee observe this principle?
I am interested to find out.
Meanwhile, we all grieve for the victims. May their souls find eternal rest.
A CODE OF ETHICS FOR BUSINESS[1]

Prepared by the Bishops-Businessmen’s Conference for Human Development, October 23, 1979. Preamble added 1994.


P R E A M B L E


This code of Ethics has been formulated impelled by the belief that man has a dignity that must be respected, and that all the resources of the earth have been created for his growth and development.

As here presented, this Code is considered a major step in the on-going and changing process of understanding the growing role of business activity in the development of man and, as such, is open to further improvement.

This Code seeks to express systematically and coherently the principles of business practices accepted and professed by Philippine business at its best, and seek to apply these to current and changing needs.

It is the hope that this Code will serve as a general stimulus to renew and develop or amend existing standards, and that individual entities will expand and adopt it to the specific needs of their own organizations.

It is a general Code intended to be influential rather than coercive. It is hoped that individual entities will consciously adopt and embrace it as a statement of principles and, having done so, will be unwilling to incur the sanction of adverse public opinion through failure to live up to the Code.

Finally, it is a Code for all peoples, formulated on the premise that the modern manager must be a strategist for human development, and that the business is to build an enterprise oriented to the development of man.


THE CONCEPTS

Business, which embraces commerce and industry, is not an accidental human activity but an integral element of the social order; its primary purpose is to meet society’s human needs by providing goods and services as efficiently as possible. Those engaged in business should, therefore, recognize the following basic concepts:

  • All business is essentially an expression of human relationships; not only with those who work in the enterprise, but also with those who own and provide financial resources, with those who supply it with materials and services, with those who buy its products or services, with the government, and with the wider public whose lives are affected by the business activity. The interests of all those members of society must be taken into account in formulating business policy. These interests, in themselves legitimate, will at times conflict. While conflict and tension can of themselves be constructive, the aim of business must always be to reconcile opposing interests in a balance of justice and mutual concern.
  • The owners, management, the work force, the suppliers and sub-contractors, the customers, and government contribute to the performance of the business enterprise, and are therefore entitled to receive the proper worth of their contributions.
  • The resources employed by a business enterprise are financial, technological and human. The human resources have a unique quality and should be employed in a manner consistent with personal dignity. The individual should be given opportunity to use and develop his facilities in his work. His contribution to the success of the enterprise should be properly recognized and rewarded.
  • Business enterprise has a public responsibility to use all its resources efficiently. Profit in a system of free enterprise is a fundamental incentive, and is necessary for the maintenance and growth of the enterprise, for raising the quality of life, and for helping meet the broader needs of society.
  • Competition and inventiveness are essential for the maintenance and continuing improvement of the quality of goods and services, for growth and for technological progress. However, to guard against unfair form of competition, a consistent standard of business behavior must be established and observed.
  • In business, as in any other institution of society, any right or authority enjoyed by or entrusted to business presupposes, and is justified by, corresponding duties, responsibilities, and performance.

SOME PRINCIPLES FOR THE CONDUCT OF BUSINESS

Towards The Employees

Those responsible for business policy should consider not only the interests of those affected by the activities of the business.

Business shall recognize the unique position of employees as individuals with a vital stake in their work and at the same time with inherent obligations to their own families, and provide:

  • For recognition that, although rates of pay may often be determined by union, economic and legal pressures, wages and salary policy should be based on the right of the employees to a fair and improving standard of living, irrespective of race, sex, age and creed;
  • For a fair recruitment practice that affords equal opportunity to all qualified job-seekers;
  • For job security, adequate compensation for employees in cases of separation and retirement, and for opportunities for fringe benefits;
  • For a safe and healthy atmosphere in the work environment conducive to the physical and moral well-being and growth of the employees;
  • For conditions in which human potentials and relationships can be developed at all levels of the work force, with a view to providing therein a sense of purpose and achievement; and
  • For participative element so that the knowledge, experience and creativity of all whom work in the enterprise may contribute to the decision-making process.



Towards The Customers

Business shall, in the production of goods and services:

  • Strive after a quality that will enable them to serve their purpose efficiently and effectively;
  • Avoid anything that would be detrimental to the health, safety or growth of the proper user or beneficiary of such goods and services; and
  • Seek to apply or make use of the discoveries and inventions of science with adaptations that will improve their products or services, thereby benefiting customers/users and increasing their number.

    In its marketing arrangements, business shall;
  • Deliver the product or service in the quality, quantity, and time agreed upon, and at a reasonable price, and avoid the creation of artificial shortages, price manipulation, and like practices;
  • Establish an after-sales and complaints service commensurate with the kind of product or service supplied and the price paid;
  • Ensure that all mass media, promotional, and packaging communications be informative and true, and take into account the precepts of morality and the sound cultural values of the community, and manifest respect for human dignity.

Towards The Suppliers

Business shall ensure:

  • That the terms of all contracts be clearly stated and unambiguous, and honored in full unless terminated or modified by mutual consent;
  • That abuse of economic power in dealing with a smaller concern be avoided, and that, in all cases, terms of payment be strictly and fully observed. In general, payment should always be made promptly at the agreed time or, if no specific time is agreed upon, as quickly as may be reasonable, given the circumstances; and
  • That no supplier be encouraged to commit his resources for apparently long-term purposes unless there are reasonable guarantees that the orders he receives from the business enterprise will not be terminated arbitrarily.

Towards The Owners and Other Providers of Capital

In the interest of the Owners and other Providers of Capital, business shall:

  • Provide an adequate rate of return to those contributing capital to the enterprise, and ensure the security of their investment;
  • Use their financial resources to provide goods and services responsibly and efficiently;
  • Furnish the owners and other providers of capital such information as they may reasonably require, provided that it does not adversely affect the security or efficiency of the business; and
  • Pursue the specific objectives of the Owners and other Providers of Capital provided these do not run contrary to any of the principles stated herein.


Towards The Local and National Government

Although it is the responsibility of government to enact legislation and formulate implementing policies and programs, it is the duty of business:

  • To participate in the discussion of proposed legislation and/or its implementation affecting sectoral, regional, national and international interests; and
  • To propose sound policies in the use of human and material resources.


Towards Society in General

Businessmen shall recognize in their decision-making the interest of the general public and, realizing that they are utilizing, to an important degree, the nation’s resources, shall:

  • Take regular stock of their response to the basic needs of society and thus ensure that these needs are taken into account in all policy-making decisions;
  • Do their best to ensure that the way they deploy their resources benefits society in general and does not conflict with the needs and reasonable aspiration of the communities in the areas where they operate;
  • Pay proper regard to the environmental and social consequences of their business activity, with special attention to the duty of renewing resources where possible and minimizing waste and pollution, and not sacrifice safety or efficiency in the interest of short term profitability;
  • As corporate citizens make such contributions as their resources will allow, to research, development and application of indigenous technology, and to the financing of social development projects;
  • Consider the human and social costs of mechanization and technology;
  • Establish a policy allowing employees, within reasonable limits, to contribute to the public and community service during the work time.



SOME ETHICAL PRINCIPLES FOR THE PROFESSIONAL MANAGER


The concepts and principles for the conduct of business outlined in this document are commended to the managers of business enterprises. Thus, although the manager is expected to act in the best interests of the business, he cannot be expected to act in a manner that is contrary to the law or to his conscience.

In particular, a manager should:

  • Acknowledge that his role is to serve the business enterprise and the community;
  • Avoid all abuse of executive power for personal gain, advantage or prestige;
  • Reveal the facts to his superiors whenever his personal business or financial interests become involved with those of the company;
  • Establish a policy regarding conflicts of interest based on the principle that decisions should be made in the best interest of the business enterprise, and decision makers should b on their guar against allowing personal consideration to distort their judgment; and
  • Not tolerate any form of illegal data-gathering or any form of inducement that tends to distort normal commercial judgment;
  • Be actively concerned wit the difficulties and problems of subordinates, treat them fairly and by example, lead them effectively, assuring to all the right o reasonable access and appeal to superiors;
  • Recognize that his subordinates have a right to information on matters affecting them, and make provision for its prompt communication unless communication is likely to undermine the security and efficiency of the business;
  • Fully evaluate the likely effects on employees and the community of the business plans for the future before taking a final decision; and
  • Cooperate with his colleagues and not attempt to secure personal advantages at their expense.



A WAY TO USE THE CODE


The foundation of any business enterprise is its people and the character of its people. It has been proven, time and again, that a business succeeds and grows over the long term when the policy makers inculcate a tradition of sound management policies based on honesty, integrity, fairness and a respect and concern for its employees, the community in which it operates, and the public it serves. This booklet covers the essential principles to guide the policy makers in developing human resources for maximum effectiveness and growth.

As with any Code, only through a thorough understanding of its principles, and day-to-day use of policies and procedures stemming from these principles, can this Code be of any real value to a business enterprise.

Accordingly, it is suggested to those engaged in business that maximum benefit can be derived by three simple steps. These steps would hold true for any business enterprise regardless of size, whether private or public, whether a partnership or a sole proprietorship.

The first step would involve examination, understanding and acceptance of the Code by the policy makers. Assuming acceptance, then the code would be adopted officially, as is or with suitable modifications, as being a fundamental part of the running of the business enterprise and its principles would be disseminated to its employees.

As the Code deals with basic principles and cannot cover every conceivable situation nor is it sufficiently explicit to guide an individual in every instance, the next step would be for the policymakers to develop detailed guidelines and policies for use by their employees. The BBC plans to organize workshops which interested officials of any business enterprise would be free to attend and participate with the objective of formulating specific guidelines.

The third step would be necessarily an evaluation and regular audit of the implementation of the Code and its attendant policies and guidelines. This could be established as an annual procedure and serve to ensure adherence to the Code as well as to appraise the performance of the enterprise and its employees.

This entire process will take time but as the Code is assimilated and practiced and as its use becomes widespread, it is hoped that a high degree of professionalism, higher standards of conduct and justice will characterize all dealings in business. This, in turn, undoubtedly will contribute toward the basic premise of the Code – that through the application of its principles human development will prosper in our society and with it grater economic growth and prosperity for the people will be attained.


[1] Except for the Preamble, the code comes from Aquino, Rosemary (Ed). (1981). Perspectives on the social responsibility of business. Metro Manila: The Bishops-Businessmen’s Conference for Human Development, pp. 323-328.

Tuesday, February 07, 2006

The problem of contractualization

Wrote this piece for the Manila Times today. I think it's hightime for constructive solutions to the contractualization situation in business today. What do you think?

Lean and mean
MANAGING FOR SOCIETY
By Ben Teehankee, DBA

SUSAN (not her real name) works as a crewmember in one of my favorite fast-food places. She has a nice manner about her. She’s quick to smile, attentive and moves with a quick step. I complimented her on this while chatting with her. “How long have you been a regular employee?” I asked. Her expression changed quickly as she explained, with obvious discomfort, that she was on her third five-month contract and isn’t sure if she will ever be made regular. I quizzed her on why she accepted this arrangement and she replied, expectedly, that she couldn’t complain because it’s tough getting jobs nowadays.

Susan is just one among countless Filipinos who do essential jobs in companies who do not give them regular employment status. It’s probably my sheltered academic background, but I’m deeply bothered by the sight of fully capable humans turned into practical serfs by their employment situation. And this form of contractualization is a growing trend in the growth industries such as retailing and food services.

Why do companies do it? Some managers say that they do it to survive. They can’t afford to do otherwise. This is a compelling reason because, after all, even employees benefit from the long-term survival of the firm. A lack of job security seems a reasonable price to pay for the preservation of a troubled company. What makes this reason tough to swallow (putting aside the basic concern that the practice is blatantly against the law) is that even companies who are making a lot of money are moving toward more contractualization of essential jobs—often under elaborate “arms-length” subcontracting arrangements.

Other managers candidly admit to more basic reasons. For one, they feel the need for more flexible hiring arrangements given the unpre­dictability of our increasingly global business and financial markets. How can a company with a high fixed payroll cope with a business downturn? Surely, the managers reason, they must ensure the long-term survival of the firm.

Secondly, managers find it extremely difficult to stay price competitive when they hire regular employees because of mandated minimum wages and benefits. Cheap products from other countries are flooding the liberalized local markets like a tsunami and the reflex reaction is to scale down on payroll costs through contractual employment.

While the business reasoning is understandable, increasingly contingent employment causes real harms to employees. The lack of job security and the resulting loss of representation on their basic rights demean employees and make them docile. The lack of benefits and financial safety nets endanger employee health and, ultimately, their families. The long-term social costs of this trend will be very high as more employees are trapped in jobs without security and personal growth.

I think that managers need to have more social commitment and imagination in approaching the threats of global competitiveness. Hiring selectively, giving job security and developing people to be competent and flexible can unleash much needed creativity for delivering better-value products and services. This will not give the quick bottom-line results that cost minimizing does, but it takes the higher road which is better for people and the country in the long run.

The government should not sit idly by as this trend grows. The people need protection from the ravages of the market place. Government must broker continuing dialogues between labor and management for creative long-term solutions to move us out of the contractualization trap, which threatens to worsen our current social inequality even more.

Does the need to be lean justify being mean? I don’t think so. Susan deserves more. She is a human being and she is a Filipino.