Contractual Relationship


A contractual relationship exists when employers and employees have a legal agreement regarding how employee issues are handled. Under such contractual arrangements, discharge may occur only if it is based on just cause. Inasmuch as a distinct definition of just cause does not exist, they are guidelines derived from labor arbitration of collective bargaining relationships under which just cause can be shown as follows:

  • Was there adequate warning of consequences of the worker’s behavior?
  • Are the rules reasonable and related to safe and efficient operations of the business?
  • Before discipline was rendered, did a fair investigation of the violation occur?
  • Did the investigation yield definite proof of worker activity and wrong doing?
  • Have similar occurrences, both prior and subsequent to this event, been handled in the same way and without discrimination?
  • Was the penalty in line with the seriousness of the offense and in reason with the worker’s past employment record?

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

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Codes of Ethics for Financial Executives


Financial Executives International (FEI) recommends that all senior financial professionals adhere to a strong ethical code of conduct, sign it annually, and deliver it to their company’s board of directors. Fr many years, members of FEI have signed such a code, in an effort to commit to its principles. Senior financial officers hold an important and elevated role in corporate governance. As members of the various management teams, they are uniquely capable and empowered to ensure that all stakeholders’ interests are appropriately balanced, protected, and preserved.

FEI’s code provides principles to which members are expected to adhere to and to advocate. It embodies rules regarding individual and peer responsibilities, as well as, responsibilities to employers, the public, and other stakeholders. Violations of EFI’s Code of Ethics may subject the member to ensure, suspension or expulsion under procedural rules adopted by FEI’s Board of Directors. The code states that all members of FEI will:

  1. Act with honesty and integrity, avoiding actual or apparent conflicts of interest in personal and professional relationships.
  2. Provide constituents with information that is accurate, complete, objective, relevant, timely, and understandable.
  3. Comply with applicable rules and regulations of federal, state, provincial, and local governments, and other appropriate private and public regulatory agencies.
  4. Act in good faith, responsibly, with due care, competence and diligence, without misrepresenting material facts or allowing one’s independent judgment to be substantiated.
  5. Respect the confidentiality of information acquired in the course of one’s work except when authorized or otherwise legally obligated to disclose. Confidential information acquired in the course of one’s work will not be used for personal advantage.
  6. Share knowledge and maintain skills important and relevant to constituents’ needs.
  7. Proactively promote ethical behavior as a responsible partner among peers, in the work environment and the community.
  8. Achieve responsible use of and control over all assets and resources employed or entrusted.
  9. Report known or suspected violations of this Code in accordance with the FE Rules of Procedure.
  10. Be accountable for adhering to the Code.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Plagiarism and Copyright Violation


Plagiarism and copyright violation are complicated issues, especially in modern technical writing.

Plagiarism is the practice of using someone else’s words or ideas without crediting the source. Many organizations treat authorship of internal documents, such as memos and most reports, casually; that is, if the organization asks you to update an internal procedures manual, it expects you to use any material from the existing manual, even if you cannot determine the original author.

Organizations tend to treat the authorship of published documents, such as external manuals or journal articles, more seriously. Although the authors of some kinds of published technical documents are not listed, many documents such as user’s guides do acknowledge their authors. However, what constitutes authorship can be a complicated question, because most large technical documents are produced collaboratively, with several persons contributing text, another doing the graphics, still another reviewing for technical accuracy, and finally someone reviewing for legal concerns. Problems are compounded when a document goes into revision, and parts of original text or graphics are combined with new material.

The best way to determine authorship is to discuss it openly with everyone who contributed to the document. Some persons might deserve to be listed as authors; others, only credited in an acknowledgment section. To prevent changes of plagiarism, the wisest course is to be very conservative: if there is any question about whether to cite a source, cite it.

A related problem involves copyright violation. Copyright law provides legal protection to the author of any document, whether it be published or unpublished, and whether the author be an individual or a corporation. Unfortunately, some companies will take whole sections of another company’s product information or manual, make cosmetic changes, and publish it themselves. This, of course is stealing.

But the difference between stealing and learning from your competitors can be subtle. Words are protected by copyright, but ideas aren’t. Rare is the manufacturer who doesn’t study the competitor’s users’ guides to see how a feature or task is described. Inevitably, a good idea spreads from one document to another, and then to another. If one manual contains a particularly useful kind of troubleshooting guide, pretty soon a lot of others will contain similar ones. Even though this process of imitation tends to produce a dull uniformity, it can improve the overall quality of the document. Under no circumstances, however, should you violate copyright by using another organization’s words.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please contact www.asifjmir.com, Line of Sight