Andrew Sandon asked:
International Company and Ethics
The issue of business ethics is engaging companies more and more – both domestically and internationally. This trend is accentuated by high-profile examples of breaches of accepted standards of ethical behavior. For example, the recent Enron case where inadequate checks and balances within the firm enabled unethical behavior to occur, a development made easier by the failure of the external auditor to fulfill its role properly. Assumptions about ethics and business are influenced inevitably by fundamental beliefs about the role of business in society. On the one hand, there are those who believe that the sole social responsibility of business is to generate profit. For some proponents of this view, profit generation itself takes on a moral dimension whereas others see profits as the key to wealth generation – the main way of addressing social issues (Davies, 1997, p. 88). On the other hand, others believe that the role of business is much broader than that of profit generation and that all those who are affected by the way a company operates – shareholders, employees, customers, suppliers, the local community, future generations (especially in relation to environmental issues) – have a legitimate interest and stake in the way a company conducts itself.
Many of these concerns are relevant to business whether it is domestic or international in nature. However, international business poses particular challenges and questions over and above those facing purely domestic business. In order to reconcile doing business internationally and remain ethical, the company should follow the main principles of human rights, comply with legal norms related to labor, avoid corruption and correspond to standards of environmental protection. Even though it is not easy to combine making profit and adjusting to ethical principles, sometimes failure to comply with legal norms and standards my result in negative public image for the international company and loss of customers. Therefore, international company can suffer even more damages if it decides not to follow the ethical principles.
The first issue related to ethics is human rights. It is a generally accepted principle that international company should not engage in direct infringement of human rights the UN Universal Declaration of Human Rights (UDHR) is commonly taken as the appropriate benchmark. However, some people would go further, preferring companies to refrain from doing business in countries known to infringe human rights on a systematic basis. Opponents of this view argue that if an international company abstains from conducting business in a country with an ethically dubious regime, the only concrete result is to hand over business opportunities to companies without such reservations (Barlett and Ghoshall, 1998, p. 110).
On coming to office in 1992, for example, President Clinton proposed to withdraw MFN status from China as a result of the Tiananmen Square massacre in 1989 in which many pro-democracy demonstrators were killed (Kepstein, 2001, p. 108). Such action would have provoked retaliation against US companies operating in China and US business lobbied hard to persuade the president to change his mind. They argued that US business interests would be irrevocably damaged in a rapidly growing market and that the outcome would not be an improvement in human rights in China but a boost to the business prospects of American business rivals in China. The lobbying campaign was successful: the link between trade and human rights was broken and replaced by the doctrine that the possibility of bringing about change is greater if business and other links and contacts are maintained.
International labor issues can be linked with human rights, especially regarding matters of forced labor and child labor. Ethical labor issues also occur outside the framework of the Universal Declaration of Human Rights in circumstances where certain labor practices may be legal and commonplace in the host country but do not necessarily represent fair and equitable treatment of the workforce. The issue facing an international company is: does it maximize its competitive advantage by locating in a low-cost/low-regulation country and adopt local practices or does it refrain from reaping all the labor cost benefits by adopting higher standards and more ethical practices than strict compliance with local legal norms requires? A firm may choose to take the latter path and still experience significant competitiveness gains.
Corporate codes of conduct governing general corporate behavior and treatment of the workforce in particular are not new. Their modern manifestation began in the mid-twentieth century in the form of codes from the International Chamber of Commerce and other collective codes (Donaldson, 1989, p. 55). Their popularity surged once more in the 1990s in response to pressure from NGOs, the emergence of corporate social responsibility as a key consideration for firms and the phenomenon of socially responsible investment and shareholder action. Additionally, discussion of the possible inclusion of labour regulation under the WTO umbrella encouraged international firms to assume greater responsibility for their own labor standards, if only to demonstrate that international regulation was unnecessary. Corporate codes of conduct take many forms. Many international firms have developed their own individual codes to cover their own employees and those of their contractors and suppliers. Some industries have developed their own codes. Whatever form they take, codes are necessary for the positive public image of international company and they demonstrate that the company reconciles doing business and acting ethically. Codes need to comply with a number of conditions before they can be said to operate equitably and with credibility (DeGeorge, 1993, p. 88):
1.the contents of the code must be clearly worded and, at a minimum, comply with core standards;
2.the company adopting the code must be committed to it and be prepared to provide the resources to ensure its implementation, including training, information systems for monitoring and compliance and staff to implement new procedures;
3.knowledge of the code throughout the organization is essential to its implementation: in particular, employees of the firm and its subcontractors and suppliers must know of the contents of the code and a reporting system must be established that enables workers to report infringements without fear of reprisals;
4.the code should be subject to verification by independent assessors who have access to the site unannounced at any time.
The application of such codes can enhance internal governance and facilitate internal management across geographically dispersed sites. There is some evidence to show that real commercial benefits can be gained from the proper application of fair and equitable labor standards, although more widespread research needs to be done on this (DeGeorge, 1993, p. 111). Provided the code of conduct adopted by a firm has external credibility, it can both protect and enhance a firm’s reputation, particularly important these days when more is expected of firms in terms of corporate social responsibility.
Levi Strauss is one of the world’s largest brand-name clothes manufacturers and also one of the first international companies to adopt a corporate code of conduct to apply to all contractors who manufacture and finish its products and to aid selection of which countries in which to operate (DeGeorge, 1993, p. 118). The Code of Conduct has two parts:
1.Business partner terms of engagement: Levi Strauss uses these to select business partners that follow workplace standards and pract
ices consistent with its policies and to help identify potential problems. In addition to meeting acceptable general ethical standards, complying with all legal requirements and sharing Levi Strauss’s commitment to the environment and community involvement, Levi Strauss’s business partners must adhere to the following employment guidelines:
-Wages and benefits: business partners must comply with any applicable law and the prevailing manufacturing and finishing industry practices.
-Working hours: partners must respect local legal limits on working hours and preference will be given to those who operate less than a 60-hour working week. Levi Strauss will not use partners that regularly require workers to work in excess of 60 hours. Employees should also have at least one day off per week.
-Child labor: use of child labor is not permissible in any of the facilities of the business partner. Workers must not be below 15 years of age or below the compulsory school age.
-Disciplinary practices: Levi Strauss will not use business partners who use corporal punishment or other forms of physical or mental coercion.
-Prison/forced labor: no prison or forced labor is to be used by business partners nor will Levi Strauss use or buy materials from companies using prison or forced labor.
-Freedom of association: the rights of workers to join unions and to bargain collectively must be respected.
-Discrimination: while respecting cultural differences, Levi Strauss believes workers should be employed on the basis of their ability to do their job
-Health and safety: Levi Strauss undertakes to use business partners who provide a safe and healthy working environment and, where appropriate residential facilities
2.Country assessment guidelines: these are used to address broad issues beyond the control of individual business and are intended to help Levi Strauss assess the degree to which its global reputation and success may be exposed to unreasonable risk. It was an adverse country assessment that caused Levi Strauss to cease its engagement in China in the early 1990s, largely on human rights grounds – a decision that has subsequently been reversed. In particular, the company assesses whether:
-the brand image will be adversely affected by the perception or image of a country among customers;
-the health and safety of employees and their families will be exposed to unreasonable risk;
-the human rights environment prevents the company from conducting business activities in a manner consistent with the global guidelines and other company policies;
-the legal system prevents the company from adequately protecting trademarks, investments or other commercial interests;
-the political, economic and social environment protects the company’s commercial interests and brand corporate image.
Levi Strauss is the example of the company that successfully combines doing business and following ethical practices. As we see, the company code of ethics demonstrates that Levi Strauss complies with the most labor norms and environmental standards; at the same time such actions of the company do not have any negative impact upon its business. On the contrary, since Levi Strauss has positive public image the customers should be more attracted to its products.
Some of the other important ethical issues that the company should consider is bribery and corruption. Bribery/corruption is not as clear-cut an issue as might first appear; indeed it can be rather a grey area. In some cultures, it is regarded as perfectly normal to give an official or host a gift (Asgary and Mitschow, 2002, p. 245). In others, only minimal value token gifts or no gifts at all are allowed. A problem arises when it is the norm for a contract to be signed only after the payment of a ‘commission’ to a key official or officials (Asgary and Mitschow, 2002, p. 240). Such circumstances place international companies in a difficult position: without payment of these commissions, the contract will not materialize and, if they do not make the payment, many other companies will (although that is not an ethical justification for going ahead with the commission). The position of the US is unequivocal about this: it regards all such payments as bribes and, as such, they are both unethical and illegal. The Foreign Corrupt Practices Law forbids US companies from making improper payments to foreign governments, politicians or political parties to obtain or retain business. Therefore, the only choice that American companies have regarding bribery is not to make any payments regarded as bribes; otherwise, it can be considered that a company violates the law.
The last ethical challenge that international companies face is related to environmental protection. Firms can encounter damaging publicity as a result of the environmental outcome of their activities as pollution attracts more and more media attention (Barlett and Ghoshal, 1998, p. 98). For many, environmental protection and corporate responsibility in this field has a clear ethical dimension. This debate is couched in terms of the ‘global commons’ in which all human beings have both a stake and a responsibility to ensure the well-being of the environment for future generations (Donaldson, 1989, p. 211).
In order to reconcile doing business and meeting environmental ethical standards an international company should comply with the following underlying principles in environmental policy.
The first norm refers to the “polluter pays principle.” It stipulates that polluters should pay the full cost of the environmental damage they cause (DeGeorge, 1993, p. 100). Environmental costs are often referred to as ‘externalities’ (for example, damage to health, rivers, the air, etc. arising from economic activity) that are not incorporated into the costs of a product but are borne by society as a whole (DeGeorge, 1993, p. 100). By making the polluter pay the full cost of its activities, including externalities, this principle provides an incentive to make products less polluting and/or to reduce the consumption of polluting goods. This internalization of external costs can be met through the use of market-based, policy instruments.
The other principle refers to prevention. If the company decides to follow the prevention principle it changes to products and processes to prevent environmental damage occurring rather than relying on remedial action to repair damage after it has taken place (Davies, 1997, p. 108). This implies the development of ‘clean technologies’; minimal use of natural resources; minimal releases into the atmosphere, water and soil; and maximization of the recyclability and lifespan of products.
In conclusion, international business adds an extra dimension to ethical issues within the firm. All organizations have their own culture based on common language and terminology, behavioral norms, dominant values, informality/formality, etc. This inevitably becomes more complex when an organization has a presence in more than one country. Some companies believe a strong corporate culture is a means of overcoming diverse national cultures whereas others evolve different cultures in different organizations and incorporate cultural diversity in their management strategy. Many organizations like Coca-Cola and McDonald’s do use core brands but still adapt their products for local markets and follow ethical standards, either out of necessity or to maximize returns. Ethics and corporate social responsibility are closely related. Debates about corporate social responsibility have been dominated by labor and environmental issues but a growing number of corporate governance scandals involving multinationals is increasing pressure for stricter regulation. International companies can reconcile doing business internationally and remaining ethical if they comply with labor and environmental norms enacted at the international level and establish and follow the code of ethics. In the long run, corporate co
mmitment to sound ethical principles and socially responsible behavior is good for business.
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