1.0
INTRODUCTION
Many people still attach a stigma to the practice of bribery without realizing that they often unwittingly practice it themselves. themselves. A child is promised promised a toy in return for good performance in his studies.
The appeal of bribery is directly proportional to the desire for money both on the part of giver and the recipient. recipient. Although Although money is sometimes sometimes called called a means to an end in itself itself by a very large part of humanity humanity.. Money can buy not only the necessit necessities ies of life like like house, food and clothes; it can buy comforts and luxuries too.
There is almost no limit to the refinement of clothes, variety of food and magnificence of dwelling houses which money can procure for the wealthy. Money is now universally universally accepted criterion for social status.
1.1
DEFINITION OF BRIBERY
ribery ribery can be defined defined as consideration consideration given for obtaining obtaining favourable decisions decisions.. !fficacy !fficacy of bribery is rooted in the well"entrenched motive of self"interest in human beings. #ince bribes cater to the self"interest of people, they become generally accepted means of getting things done. rib riber ery y is shor short" t"cu cutt reso resort rted ed to by needy needy peopl peoplee who who are are like likely ly to be at a comp compar arat ativ ivee disadvantag disadvantagee if the decision decision is delayed. $ncreasing $ncreasing resort resort to bribes in all walks of life is due to the growing belief among general public that every man has a price, that is to say he can be made to deliver a favourable decision if he paid the price for it.
%rom &ongman 'ictionary of (ontemporary !nglish )Third !dition*, defined bribery as dishonestly giving money to someone to persuade them to help you, especially by doing something that will help you. $n criminal law bribery, although traditionally classified under generic conduct such as misconduct in public office, has been regarded as a different species of offences of dishonesty. 1.2
HISTORY AND PRACTICE OF BRIBERY
!nglish civil law has analysed bribery in this way for over + years. -ere are the examples i.
There are a number of remedies available to a principal whose agent has been bribed and who wants to recover money. -e or she may bring an action in restitution for money had and received )see generally Arab Monetary %und v -ashim /+0012 + &loyd3s 4ep 561*, in tort for fraud, deceit or conspiracy to in7ury by unlawful means )see generally 'araydan -oldings &td v. #olland $nternational &td /852 (h ++0 at paragraph 56* or in e9uity for breach of fiduciary duty )Attorney :eneral for -ong ong v 4eid /+0062 + A( 186"this remedy will extend to any benefit obtained in the course of the fiduciary relationship roadman v
2 8 A( 6=*.
ii.
$n Hovenden v Milhoff )+0* ?1 &T 6+ the (ourt of Appeal analysed a bribery case both from the point of view of the gain to the briber )restitutionary reasoning* and from the point of view of loss to the principal of the bribed agent )loss or damages reason*. &ord @ustice #mith said )p.68* if a vendor bribes a purchase3s agent, of course the purchase money is backed by the amount of the bribe. $t cannot be claimed. $n this case the purchase money was B8?, in which was included the B> given to the purchaser3s agent. Cf course the vendor would have said the goods for B8?, less B>. Therefore he has in his pocket B> money of the purchaser. That B> he must disgorgeD
&ord @ustice 4omer said )p.61* if the agent be a confidential buyer of goods for his principal from the briber, the court will assume as against the briber that the true price of the goods as between him and the purchase must be taken to be less than the price paid to, or charged by, the vendor by, at any rate, the amount or value of the bribe. $f the purchaser alleges loss or damage beyond this, he must prove it. As to the above
assumption, we need not determine now, whether it could in any case be rebutted. As at present advised, $ think in the interests of morality, the assumption should be held an irrebutable oneD
iii.
$n Mhe!n v Ml"!i Ho#!in$ So%ie&" /+0>02 A( 1>6 &ord 'iplock )in the
iv.
$n A'( Mone&'" F#nd v H!hi) )supra* Toulson @ was a little ambigious on the precise legal principles but still reasoned in the way $ set out above, he said $ respectfully agree with Mr. @ustice &egatt3s view in Anangel Atlas (ampania Eaviera #A v $shikawhaina"-arima -eavy $ndustries (o. &td /+002 + &loyd3s 4ep +=> that what &ord 'iplock said does not detract from &ord @ustice 4omer3s 7udgment. $ hold therefore that in a case such as which was induced by a bribe paid to the employers agent, the employer is entitled to recover the amount of the bribe from the contractor )on a restitutionary basis as distinct from a damages claim* and that the reason for the contractors liability is that he has received a greater sum than what was the true price between them and must restore the balanceD
2.0
ANA*YSIS METHOD OF ETHICA* PROB*EMS
!thical decisions are not simple choices between right or wrong. They are complex 7udgements on the balance between the economic and social performances of an organization. There has to be balance between economic and social performances. Fe can create the balance through these relevant methods of analysis which resolve ethical dilemmas in management.
Anl"!i! )e&hod of E&hi%l P'o(le)!
!conomic Analysis
&egal Analysis
!thical Analysis
%igure + Analysis methods of ethical problems )#ource from CGMM181 Module*
2.1
E%ono)i% Anl"!i!
There are many aspects to consider in improving working conditions. -ere we will discuss the business decisions on outsourcing, hiring temporary workers and focusing on pro7ect"based personnel. ased on the researched by the Eorth (arolina #tate Gniversity, shows that this" business practices give detrimental effect on workers and likely poses long"term problems for employers. A worker3s satisfaction with hisHher 7ob is important because it affects employee loyalty, efficiency in the workplace and 9uality of life. %rom the view point of economic analysis, look at the company or organization. They will have predictable overhead or not to employ pro7ect basis staff or contract staff. $f they have business, they pay the workers and paid the workers for the completed 7ob. $f they have no business, the company no need to retain their staff, so it nothing to lose if the company does not get any business. This business practice however have negative setback because the practice has led employees to withdraw loyalty from their employers. This could be long"term effects on all employers, particularly once the economy turns around, since companies may face
higher
employees are no longer as committed to their employers3 goals. Eext, is the analyzing on the employee side from the view point of microeconomic approach. $t is relying on impersonal market forces to make the decision between economic and social performances. -iring short term staff may bring unpleasant feeling of the permanent workers towards contract staff because for the same amount of workloads. The contract staffs get higher paid and sometimes way beyond the salary of the permanent staff. #hort term basis workers may have difficulty to attain bank loans and this lead to difficulty in settling down life. Iet, there is a
labour market, and these workers may be employed again. = countries surveyed. usinessmen consider the corrupt officials more amenable, agreeable and friendly and invest them to keep them on their side. oth parties benefit at the cost of national exche9uer. A relatively honest man is seen as an inconvenience and is avoided by his colleagues as well as clients. Cpportunities for obtaining bribes in an occupation are over"riding consideration for 7oining that occupation for most of the recruits. Many youngmen prefer the 7obs of $nspectors in (ustoms and (entral !xcise 'epartment to the well paid 7obs of Cfficers in Eationalised anks. Then, a common citizen is surprised to learn that officers of $ndian Administrative #ervice, $ndian
2.2
*e$l Anl"!i!
This approach is relying on impersonal social forces to decide between rightD or wrongD. The research done by the Eorth (arolina #tate Gniversity found that, over a period, employers have
increasingly implemented measures that they feel will improve worker productivity and profits. These measures include layoffs, outsourcing 7obs, replacing salaried employees with contract staff, and putting employees with contract staff, and putting employees onto short"term teams designed to tackle individual pro7ects. Many of these unintended conse9uences have an immediate impact on employees. %or example, professional workers increasingly confront a brutal work pace and as a result experience a great deal of stress on the 7ob. ecause pro7ects and co"workers change fairly often, professional employees that their 7ob will disappear and a distrust of management.
Cver the time,
government not only in Malaysia, but also among !uropean countries tries to reduce their responsibilities between the employer and their employees. The labour law becomes leaner and the working terms and conditions are legal as long as both parties agree of it. The terms may only suit the specific employee but the others may feel discomfort. (ertain departments of government systematically maintain pools of bribe money collected by inspectors from industrialists and businessmen. This money is divided among the officials in a pre"determined ratio. #ince both the subordinates and superior officers partake of their share nobody experiences any feeling of guilt in making use of the ill"gotten money. #uch a system reinforces the belief of the business community that everybody has a price and government officials are purchasable commodities.
2.
E&hi%l Anl"!i!
The ethical problem using the structure of normative philosophy or ethical analysis. The basic principle of this analysis is to decide between rightD and wrongD. 'ecision hiring short term workers or any other managerial decisions is by computing the greatest good for the greatest good for the greatest numberD. This is based on the (lassical Teleological !thical Theory Gtilitarianism. The Eorth (arolina Gniversity research also found a number of significant short" term and long"term ramifications for employers. %or example, they found that professional are less likely to help co"workers than in the past, because they are primarily interested in protecting their own 7obs. (o"worker conflict hurts the efficiency and 9uality of the work product, since
employees are less likely to work together effectively, while also contributing to a high level of stress among employees.
.0
SUESTIONS
The employers in most organization commonly strive to encourage ethical practices not only to ensure moral conduct, but also to gain business advantage there may be in having potential consumers and employees regard the company as ethical. (reating, distributing, and continually improving a company3s code of ethics is one usual step the employer can take to establish an ethical work place. As the T$
The Golden Rule Act in a way you would want others to act towards you.
ii. The Utilitarian Principle Act in ways that result in the greatest good for the greatest number.
iii. Immanuel Kant’s categorical imperative Act in such a way that the action taken under the circumstances could be a universal law, or, of behavior. iv. The professional ethic Take action that would be viewed as proper by a disinterested panel of professional peers. v. The TV test Always ask, Fould $ feel comfortable explaining to a national TK audience why $ took this actionLD vi. The legal test Ask whether the proposed action or decision is legal. !stablished laws are generally considered minimum standards for ethics vii. The four "way test Ask whether you can answer yesD to the following 9uestions as they relate to the decision $s the decision truthfulL $s it fair to all concernedL Fill it build goodwill and improve friendshipL Fill it be beneficial to all concernedL %inally, the employer should take responsibility for creating and sustaining conditions in which people might be tempted to behave unethically.
-.0
CONC*USION
$n conclusion, ethical decision due to bribery is an abstract sub7ect.
$t is depend on the
individual3s ethical systems of belief, the values of priorities, the convictions that people believe are truly important, and the moral standards basis. problem faces by the employers.
Forking conditions is one the ethical
$t refers to the working environment and aspects of an
employee3s terms and condition of employment. This covers such matters as the organization of work and work activities, training, skills and employability, health, safety and well"being and working time and work"life balance.
Kalues are the relatively permanent and deeply held desires of individuals or groups. They are the based upon which attitudes and personal preferences are patterned. Kalues are among the most stable and enduring characteristics of individuals; they form the foundation of an individual3s ethical behavior. $nstrumental, or means"oriented, values describe desirable ends or goals for the individual and reflect what a person is ultimately striving to achieve. There are three primary approaches for dealing with ethical dilemmas. )8,=5? words*
Refe'en%e!
-o @o Ann, Tee eng ok )8++*. OUMM3!3 Professional "thics# Open Universit$ Mala$sia. uala &umpur. &ongman 'ictionary of (omtemporary !nglish )Third !dition8++*
'ato3 T.E. &oy Article % Mala$sian &"O Perspective on 'ri(er$ and 'usiness, 'ecember 86
'avid C3Mahony )80*. 'ri(er$ as fraud arrister. 4etrieved on 8? @une 8+1 from www.bribery"act"of"law
Matt #hipman )8+*. )TU*+, -ORKI.G &O.*ITIO.) PO)" PRO'/"M) 0OR -ORK"R) %.* "MP/O+"R), Eorth (arolina Gniversity. 4etrieved on 8? @une 8+1 %rom
www.uenews.comHscienceHarticlesH8+H>H+6Hstudy"working"conditions"pose"problems" for"workers"and"employers
%z.com. TI )urve$, 1!2 of Mala$sian firms lost (usiness to (ri(er$. The !dge. 4etrieved on 8 @une 8+1 from www.T$"survey"5J"of"Malaysian"firms"lost"business"to"bribery.htm