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Policy Name: Policy on Conflict of Interest
1 Background Information:
The procedure or the process of seeking employment whether in the government or private sector is never an easy task. As a new applicant, one must see to it that he/she knows what he is doing by carefully making an evaluation of oneself. He must see to it that he not only complies with all the necessary documents for submission but also take into consideration his personal and academic qualifications. These are just a couple of things every applicant should put in mind before undergoing preliminary interview, examination and if lucky, will be scheduled for final interview and training. If there is one positive feeling in applying for a job, it is the joy of being hired or accepted for a new position whether in a company or an educational institution. Along with your triumph as a new member of an organization, comes the trust and confidence that your employer directly puts on your shoulders. This is one thing you cannot afford to lose since loyalty and sincerity are two of the most significant indicators that employers look upon in evaluating the performance of their employees. Despite the effort of doing everything to be at your best in the workplace and the patience of accepting your colleagues’ flaws and weaknesses, there will come a time that conflict of interest will come alive. The nature of this problem could be both traced from your own decisions at work or the negative influence coming from your companions. The simple act of bringing or using office implements at home is already conflict of interest. More so with having a night job just because someone from your circle told you he is unsatisfied of his compensation because it cannot satisfy his vices, or in the case of a woman, her take home pay cannot suffice her whims and caprices. The following examples may sound absurd for those who don’t comprehend reality. It is actually rampant in almost all forms of jobs. Others use their position to get what they want or it even influence the decision of the entire organization. Looking back on one of our situational examples tells us that lack of sleep because of a late night job directly affects the efficiency and effectiveness of an employee and will surely result to poor performance towards work. The outcome is more devastating: productivity at work plunges into a state of oblivion. The employer might overlook minor cases sometimes but if the act is repeatedly done,it becomes habitual on the part of the employee. It becomes obvious and people around you will really notice it. There is now what we commonly call as perceived conflict of interest and if you are in such a dilemma, always expect negative criticisms and prejudice; therefore, making you a subject of public ridicule. In this scenario, sensitive people ask the question of whether or not the person directly involved in the conflict is more of a victim or an offender.
2 Policy Purpose
The general purpose of this policy is to create civic consciousness among people working in an organization in order to stop or if not minimize conflicts of interests.
● To help individuals and organizations understand the concepts of conflicts of interests and if possible, for them not to be first time offenders or victims.
● To closely handle and monitor cases of conflicts of interests in order to minimize damage to human reputation and dignity.
● To make it known that if a person or employee is involved directly or indirectly with cases of conflicts of interest, it is a violation on the ethical standards of officials and employees.
● To inform the public that if an individual enters into a conflict of interest, it is a breach of contract on employment, and therefore he will be sanctioned administratively or will answer for a civil liability case.
● To safeguard the implementation of fair treatment to employees by their respective employers.
● To be an agent in protecting both the offender and the victim when conflicts of interests arise.
● To provide a support system to address or assists victims or offenders against moral turpitude.
● To educate and develop vigilance on how conflicts of interests affect an individual or an organization in terms of productivity and sustainability.
● To stress that the right to information of both the victim and the offender should be preserved and protected.
● To stress further that some provisions or policies under conflicts of interests might directly or indirectly violate human rights.
● To inform the public that cases of conflicts of interests can be solved without violence or bloodshed.
3 Policy Scope
This policy covers all superiors and their subordinates including but not limited to personal assistants and office aides. No exemption or special treatment is applicable.
4 Definition and Terms
Conflict of Interest - a situation or a condition in the workplace where priorities are not set and work performance is poor due to having dual jobs without the knowledge of the original employer; a position is used to gain or obtain personal favors and discrete benefits.
absurd - wrong; not true at all.
rampant - presently existing; ongoing; growing and spreading
devastating - causing great injury or damage.
plunges - dives deeply into a body of water.
oblivion - totally not remembered or encountered.
prejudice - an early but wrong judgement.
ridicule - to make a person a laughing stock.
ethical standards - rules and regulations set to maintain professionalism in the work place.
breach of contract - violating some terms and conditions in a contract esp. related to work.
sanction - a punishment for not following rules or policies.
civil liability - a problem or a case that you have to answer or settle as a citizen of a country.
moral turpitude - embarrassing behavior.
productivity - to produce good results while doing a job.
sustainability - to continue to hold on to something.
human rights - the rights of persons or individuals.
violence - a situation or condition causing harm or injury.
5 Policy Principles
1. Conflict of interest applies to all third party employers or contractors employing people despite the latter’s permanent job in another company or corporation.
2. Code of ethics and professionalism are the major items preserved and protected under this policy.
3. This policy stresses great importance on loyalty of an employee towards his work and the company he/she is working for.
4. Protects employers from insubordination from their employees.
5. For special or humanitarian considerations, a staff or an employee may be granted permission by his/her original employer to have a second job, provided the former submits a letter of consent signed by the manager and or the company owner.
6. This policy preserves and protects the efficiency and effectiveness of all employees regardless of age or position.
7. Believes that attitude towards work will reflect the overall performance of the employee and will increase his productivity.
8. Strongly agrees that public perception may help in investigating cases of conflicts of interests but not to its full extent.
9. Suggests that employees should have honest agendas and intentions prior to serving the the employer.
10. A person who is directly or indirectly involved in the events leading to cases of conflict of interest will be considered an accomplice to whatever negative action it may take.
11. The offender in the conflict, during the course of action has the right to justify his/ her actions based on physical evidence and by answering to relevant questions related thereof.
12. Excludes Human Resource Officer/s and those that practice law to participate in the deliberation of the aforementioned case.
13. Regardless of who is the victim and the offender in this case, personal honor and integrity must be always preserved.
14. This policy states that the management of conflicts of interest has a dual purpose: a. to protect the employer and b. to defend the employee.
15. The attitude or character of individuals or groups becomes questionable once they are involved with cases of conflicts of interests especially if proven guilty by any governing body.
16. This policy gives importance to the right to information of both parties as a constitutional mandate.
17. Hiding relevant information relative to the case will be charged with obstruction of justice and could possibly face trial.
18. Punitive actions are given to groups or individuals who will be found guilty of dishonesty, negligence and partiality in all their actions.
19. This policy believes that drastic action is not required in order to solve cases on conflicts of interests. Instead, it can be managed in an orderly and peaceful manner.
20. This policy pays so much attention on the accounts of witnesses and the detailed events leading to the conflict of interest. This is applicable for perceived conflicts of interest.
6 Policy Review
Looking into this policy, the following information may be deemed necessary for those who cannot fully comprehend what is conflict of interest:
a. Conflict of interest may be avoided if the employee concerned request for a letter of consent from his/her superior, allowing the existence of a second job; provided, it will not conflict with his/her present job with respect to time and location.
b. Below is a detailed description of how conflict of interest take its place:
● Employee seeks for another job aside from his/her present job for whatever reasons he/she may have.
● His/her time and focus becomes divided.
● Not knowing what to prioritize, it affects the employee’s performance and productivity.
● There are physical manifestations of the conflict when the employee starts to have several absences and tardiness for a week or two.
● The situation is noticed many times by the colleagues of the offender.
● Since the management doesn’t know about it, someone else will tell it verbally or by formal complaint in writing.
● Report is generated and will reach the management level.
● The attention of the employee will be called for conference or consultation.
● Possible resolution may happen if:
b1. the employee will voluntarily resign from his present job
b2. the employee gives up the second job in order to eliminate the existing problem.
b3. other agreements not known publicly. Only the employer and the employee know about it.
c. Another way of avoiding conflict of interest is requiring applicants to identify relatives (in the second or third degree of consanguinity or affinity)employed in the government and the private sector especially if the applicant is related to the hiring officer or the administrator to whom the application is addressed.
d. Employee to superior - Relationships in whatever degree are normal. It’s another story in the workplace. There should be a gap or a certain distance between a superior and a subordinate in order to promote respect and formality and to avoid a perceived conflict of interest.
e. The problem/conflict starts to breed when certain degree/extent of relationships encroaches with official duties and functions.
f. The following items will give concrete examples that conflict of interest will likely take place:
● Chairmanship or membership in the personnel selection board.
● Authorized signatory in financial documents and or disbursement activities.
● appointing or hiring officer
● appraiser/evaluator of productivity/work performance
● chairmanship/membership in punitive proceedings or inquiry.
● Individuals working together in the same branch of office/department
● using the name of an institution (a college or university) in order to gain profit by discount.
● jobs like purchasing, procuring or supplying materials for an establishment or an institution.
● teacher, instructor or tutor
g. The possibility of conflict of interest may be avoided if these actions are considered:
1. Inhibition from being a chairman or a member of an investigating body.
2. Withdrawal of appointment from being a research paper adviser or coordinator.
3. Not pursuing religious and or personal beliefs to the detriment of the students’ learning environment.
4. Respecting intellectual property rights.
5. Implementing limited or restricted access to all forms or records that are classified or confidential.
6. Prohibition of joining together relatives and or legitimate brothers and sisters in the workplace.
h. Supplementary information on this policy:
a. If there is conflict of interest, then there is fraud.
b. Lapse of judgement is a dangerous thing - Consequences are thought to happen but the employee pursues his plan mainly because of hidden agenda.
c. Early detection of the coming conflict will be both beneficial for the employer and the employee.
d. Legal assistance should be sought if certain provisions or other related policies is thought to be violating human rights.
e. Reports of violations should and must be done in black and white.
f. The right to information is a constitutional right and a mandate by the law.
g. Most of the time, money is the existing evil in the concept of conflict of interest.
h. A person or an organization involved with conflict of interest will have their respective share of damage to honor and integrity.
i. Unauthorized or illegitimate actions and functions including illegal representation and usurpation of authority summarizes the concept of conflict of interest.
7 Further Assistance
School administrators and officials, legal experts , government and non-governmental organizations and other relevant human rights group may extend their assistance in looking into the nature of conflict of interest.
8 Appendix 1 - Appendix 1: Name
Insert the Appendix 1: Details
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