The ethics of management consulting is usually talked about a lot at various professional gatherings, but it is not customary to write about it. Because the social space is limited, all more or less serious consultants know each other, you never know ... Today I'm talking about him, and tomorrow - he is according to my reputation ... And reputation is orders, and orders are money and welfare in general. So we are silent, creating a favorable environment for all sorts of crooks and swindlers. And then they judge the entire consulting community. So our delicacy and respect for each other turn into a disaster for the entire professional community.
Ethical issues of management consulting can be divided into three large groups: problems of interaction between consultants, problems of behavior of consultants in relation to clients and problems of behavior of clients in relation to consultants. From my point of view, the first group of problems completely determines the content of the second. Since a person is a systemic and holistic being, and the way he behaves with his fellow craftsmen inevitably becomes his way of behaving with clients. And, don't dismiss that thought! - both of these groups largely determine how the client will act in relation to the consultant.
Why, nevertheless, is it necessary to talk about ethical standards in the work of consultants? First of all, because any violation of ethical standards leads to the most negative and destructive consequences. So, the client does not receive help from the consultant. Destructive conflicts arise along all lines of interaction. Falling authority professional activity consultants. In client organizations, "intellectual starvation" sets in, often leading to a fatal outcome for the organization. The unsteady stability of the formation of the market mentality and market economy in the country as a whole… And many other negative consequences.
There is one more issue that should be noted. Speaking about the ethical problems of consultants, one cannot help but talk about violations of ethical standards. And this "casts a shadow" on the community. I don't want this. Let's get out of this situation like this. We will consider cases of deviation from ethical norms in counseling as a warning to clients and consultants, as a way to turn on a "wake-up call" that will warn each time a potential client or consultant encounters a "convention breaker".
So, ethical issues group number one: norms and principles that consultants most often violate in interaction with each other.
1. They denigrate colleagues in front of potential clients in order to get an order or simply "out of the kindness of their hearts". I have always been amazed by the delight with which some people relish negative information about other people. It doesn’t cost anything to say about a colleague with a cannibal smile: “Ah, this one. This is how his clients are treated after his consultations ... And his wife left him recently ...”. To seem large, bright and qualified against the background of a colleague drenched in mud - this is the focus of such people. And reap the fruits of their dirty deeds. But: evil released into the world always returns to a person in a tenfold amount. This is the law of human life.
2. Steal methods and other tools that represent the know-how of colleagues. I already once wrote about plagiarism in science. Three types of plagiarists are clearly distinguished. First: plagiarist bandit. This one just takes other people's work and appropriates them to himself with clear eyes. And earnestly speaks everywhere about his brilliant achievements. The second type: plagiarist-crook. This one somehow modifies the stolen and appropriated. Well, since he added something from himself, God himself commanded to consider it his own. And the third type: the plagiarist-thief. Sometimes it is "in good faith wrong." Sometimes - "Stole - blushed, stole - blushed ..." And more often they do not blush.
3. Taking credit for others. Most often, this can be found in promotional materials. For example, a significant figure in the consulting industry announces that she has created something "for the first time in Russia." And five or seven years before that, another "figure" created this "something" in a developed form, giving a serious practical effect. Therefore, when I hear that one of my colleagues “created something for the first time in Russia,” or even “in world practice,” I get wary and treat these declared feats with caution. The most objective judge is time. And it is it that has the right to judge who said "A" first. And if the person himself shouts about it - for me it is always doubtful.
4. Recommend "bad" clients to each other (who are either not paying, or not ethical, or scandalous, etc.) in order to "make the other person happy." Of course, this violation can be interpreted in another way. For example: if you are such a cool consultant, try to deal with this client... And then they watch with interest how a colleague who has fallen for a provocation, "bleeding", tries to save his reputation and earn money. And they are very upset when he succeeds.
Ethical issues group number two: ethical norms and principles that consultants most often violate when interacting with clients.
1. They make promises that they can't or can't deliver.. The fact is that there are things that, with certain approaches, cannot be done. For example, it is impossible to change anything in an organization if you do not work within the framework of a person-centred approach. Technocratically and naturalistically minded consultants have read or heard that any organization can be made super profitable. And they are trying to do this ... through improving accounting, or increasing the legal literacy of staff, or through improving financial schemes and the like. Which in principle does not allow solving problems of this class. These situations can be considered the same "honest delusion". However, such intrusions of experts, who mistakenly call themselves consultants, into the living fabric of the organization, in most cases do more harm than good (changing some subsystem leads to an imbalance in established connections and interactions). What discredits professional consultants in the eyes of managers and owners.
2. They deceive the client, using template reporting documentation, in which figures obtained in this organization are substituted. This case is a whole song. Some large consulting firms, relying on the undoubtedly correct thesis that business in market conditions is a massive and technologized phenomenon, produce some "standard documents" (reports, projects, certificates, etc.), in which pieces of text are italicized, which should be replaced by an "invoice" obtained in the course of a preliminary examination or diagnosis of the organization. In such documents, recommendations are also typical. The trouble is not that there are phenomena and problems that are repeated in different organizations. And the fact that typical ideas about their solution do not come from the organics, features or history of a given organization, but from someone else's experience, which has turned into a speculative scheme. Such solutions cannot be used in a particular organization, and when used, they cannot solve the problems of these organizations. Competent consultants understand this in the same way as scientifically thinking person understands that it is impossible to create a perpetual motion machine.
3. Use work in this organization to obtain information in the interests of another, possibly competitive. This case is actually criminal. Since there is the concept of a trade secret, and there is a law that protects this secret. But among consultants, cases are known when a close relationship with one client leads to the fact that a consultant working for another client passes information about the second to the first. In order to confirm their loyalty to the first. And maybe make money. In general human morality, in fact, this is called betrayal. Knowing that such cases happen, some businessmen "on the shore", that is, at the beginning of a relationship with a consultant, "dot the i". So, one of the businessmen, who was recommended to me as an "extremely difficult", "difficult person", at the beginning of our cooperation, demanded that the entire team of consultants sign a "Confidentiality Agreement", in which the fine for breach of confidentiality was $10,000. We signed. We have been working together for three years. Not a bad way to prevent information leakage and punish possible leakage. I recommend to all businessmen.
4. They use manipulative technologies that allow bypassing the client's consciousness to force him to act in a certain way. Manipulation is, by definition, forcing a person to act as the manipulator needs, bypassing the consciousness of the person being manipulated. The masters of this business are many political consultants. The ability to manipulate the consciousness of the electorate is an indicator of the level of professionalism of consultants in this area. In the field of business and management consulting, manipulative methods are used less frequently. Maybe because businessmen are more attentive and sophisticated in working with people. It is possible that management consultants are less corrupt than political ones. How does this happen? For example, a consultant needs to receive an order. He makes a preliminary diagnosis and, based on its results, paints a terrible picture for the future customer that awaits if he does not immediately resort to the help of this consultant. Thoughtful phrases like “Maybe it’s too late…”, or “Such an acute crisis awaits you as you have never experienced before…” And here an optimistic picture is painted that will become a reality if… and so on. These are the simplest tricks. There are also more sophisticated ones. For example, "anchor" some state of the client in order to call this state when it comes to money matters. Or "mirror" the gestures and behavioral reactions of the client, in order to create a feeling of intimacy and understanding with the consultant. It is clear that in these cases, "do with him what you want" ... You need to know about it.
5. Overestimate (to get more money) or underestimate (to get at least something) the cost of work. "Ask for more - they will give at least half" is a fairly common logic, in accordance with which many consultants act. Not an exact miscalculation of all the parameters of future work, evaluation, use of criteria, and so on, but the expectation that this will increase the image, solidity. I know a rather sly young consulting firm that has set a minimum cost of $30,000 for their work. I ask: "And give?" “But what about it,” a young creature, recently hatched from some provincial university, answers me. “And we also set bonuses ...”. Some consultants, on the contrary, underestimate the cost of work, are "shy", perhaps they have a conscience. But in a civilized society, in general, dumping is flogged with rods. Once a well-known university professor proudly told me: "I made a lot of money this month on consulting." "How much, if not a secret," I asked. "Three thousand rubles," the professor answered importantly. It's just some kind of country of unafraid professors. This is what unprofessionalism is in the field of management consulting. And a violation of corporate ethics. The price must strictly correspond to the volume, complexity and quality of the consultant's work.
6. Violate agreements with the client on the timing, volume, quality and effectiveness of work. Recently, on a plane flying from Helsinki to Moscow, I met the head law firm from Finland. We sat side by side and chatted quickly. I started talking about the topic that has been tormenting me lately about guarantees that business people should give each other, about guarantees that these guarantees are real ... and so on. For him, everything was so simple: all mutual guarantees must be written in the contract as a legal document, and that's it. I say how is everyone? What if they throw? "No," he laughed. "You agreed with him, and wrote it down in the contract." I cautiously asked, but they don’t throw them? It happens, he says, but at the same time a person’s image deteriorates, he loses authority, as a result he loses customers. And there is whole system, courts, arbitrations, and some other bodies that monitor all this. People know this and are simply afraid to break their word. That is, the ethical norm is supported by a system of legal norms, various organizations and the whole way of life. Well, let's say we also have something. Both the courts and the arbitration system. And we know firsthand about the importance of business authority. And security services in serious firms and banks. And brothers are always on the hook. It’s just that a person should know that for breaking a word, a promise, they will be beaten for a long time and painfully. Then our business ethics will be all right.
7. Organize the work in such a way that the client turns to this consultant again and again("put on the consulting needle"). Many foreign and our IT firms compose programs in such a way that after a certain moment the client who bought this software, there are problems: help is needed. Who to contact? Naturally, to the one who made the corresponding software and installed the system. So you can feed for decades. And some of our management consultants go there too. At the end of some period joint work the consultant says: you have a new problem ... I met with such people, I know, I can help ... Or even more sophisticated move: you need constant consulting service. In world practice, this is called "outsourcing" (transfer to a third-party organization of performing part of the management functions). So maybe it's not about ethics? And in the deepening system of division of labor and progressive specialization? This is a subject for thought.
Ethical Issues Group Three: ethical norms and principles that clients most often violate when interacting with consultants.
1. They refuse to pay, thus discrediting the results of the consultant's work. Terribly unpleasant situation for a consultant. I remember that the driver of one company, who was taking us to an unfamiliar boarding house for a seminar, got lost, and we were an hour and a half late. The enraged leader, meeting us at the entrance, said the first phrase: "You are late, and I fine you a thousand bucks." The conversations were meaningless. And since the beginning was, as you understand, terrible, the seminar went very hard, and in the end we were paid half, citing the fact that we "didn't work well." "Well, thank God," I thought with relief. But I would never want to meet this customer again ... . There are other cases. Once the work is done, its value to the client often declines. And for him, in order for him to pay, "you have to run" sometimes for six months. That is why we always try to work with 100% prepayment. What I wish for other consultants.
2. Require the consultant to do more work for the same money, or no money at all. There are practically no norms of intellectual, and especially creative, work in the field of consulting support for management and business. It's just that people negotiate based on generally accepted rather vague concepts about the project, problems, diagnostics, solutions, and so on. And really, what is, for example, "diagnosing"? Firstly, "what" diagnostics - business, management system, problems, human potential? ... Secondly, it can be a multi-month study, a two-hour meeting with the team, or just a conversation with the first person. There are, of course, whole batteries of special diagnostic methods. But the depth of understanding of the situation often depends more not on them, but on the intuition and experience of the consultant. For example, in one hour of a meeting with the first person, I, with my more than twenty years of consulting experience, will receive as much information as an aspiring consultant will receive in half a year of research. And maybe more. So, for an hour, given my experience and depth of understanding of the situation, I have to pay the same amount as he does for half a year of work. However, the client, especially when he is free from ethical standards, can always say that I did not do enough for this. And then - see point one. I came across situations when a potential client used the ideas of consultants for a long time for free, constantly saying that "we'll get our bearings, and then we'll do a big project." This issue is especially acute at the time of "payback", if the consultant allowed full or partial payment of his labor after the work done.
3. They critically evaluate the methods and forms of the consultant's work (they interfere in his "kitchen"), "knocking down" him psychologically. It happens all the time. Just like most people and doctors, and psychologists, and politicians, and experts on how to solve all problems in general, they are also specialists in the field of management consulting. Recently, at a field seminar with a large structure, the head of the security service, a huge man with an impenetrable official face, annoyed me all day with critical remarks like: “Your methods of conducting a seminar are wrong,” or: “You should not be doing this here, but this ... ", or: "Why is this consultant not loaded for you?" And he got me so badly that at some point I came close to him and said with enough charismatic pressure: "Do you think I understand anything in your safety?" At first he was confused, then the combat training worked, and he reported: "No!" "And I climb to you with my opinions about the organization of the work of the security service?" He backed off and answered more quietly: "Well, no ..." "What are you doing?" Hard work of thought was reflected on his face ... Tactless interference of employees of the organization in the consultant's kitchen is more the law than the exception. Well, you won’t arrange an educational program for him on system analysis, consulting methodology, organization development methodology and two or three dozen more extensive disciplines, without which it is impossible to become a professional management consultant? And it is psychologically insanely difficult to control yourself when you are given amateurish advice, or simply stupid things are said with an air of importance.
4. Fight consultants against the changes they propose for which they were invited. Sometimes clients stop working halfway through, disrupting the technology of change in the organization and causing irreparable damage to it. One possible reason is problems that arise during the restructuring of the business or management system. AT last years There is a lot of talk about "management of change" because the main difficulties are concentrated here. A consultant, for example, is brought in to help subdue an unbridled bureaucracy, but the same bureaucracy goes to war with change and its chief agent, the consultant, and often wins the battle. After all, it is the bureaucracy that is the force that cannot be defeated for decades, since it is armed with professional methods of struggle and self-defense - denunciations, the formation of a negative opinion about a person or some kind of undertaking, intrigues, setting people against each other, inciting hostility and conflicts between groups and so on and so forth. And since there are elements of bureaucracy in any organization, the changes initiated by a consulting project cause her evil spirit, and she begins to fight against what the consultant was brought in for. And the first face begins to frown. And you smile less. And the solution of even the smallest issues is delayed ...
5. They vilify consultants in front of their potential future clients. in order to psychologically compensate for their own shortcomings, or simply for the same "kindness of soul". Well, when they finished with the consultants, naturally, they talk badly about them. “They worked here alone, we know, they say, these consultants ...” And their friends, buddies, without a twinge of conscience, vilify the unfortunate consultants, fortunately, they cannot get change. And that makes the situation even worse. So, "the customer is always right"?
6. Arrange tenders ostensibly for the selection of consultants, using the knowledge and experience of applicants for free. Three times I participated in such "tenders". Until I figured out all the background. Correct, gallant, smart, concerned about the fate of the development of the market in Russia ... "Please prepare your resume." "Besides you, we have five other consulting firms in the tender." "Now let's have a meeting with the owners." "How would you solve this problem?" "Nothing, think, get ready." "And for this problem, what are the best methods to use?" "And what is the best way to solve this problem?" And so on, two or three months. One such firm hired a "winning" consultant for a project. A month later, she threw him out with a bang, pouring after him with all possible slops. After that, his psyche simply could not stand it. Now he is disabled. Thank God that I did not win any such tender.
So, here is, in fact, a micro-encyclopedia of ethical violations in the world of counseling. Of course, this world does not consist only of such situations. On the contrary, they are not so common. However, in such a concentrated form, violations make a strong impression. And it’s worth thinking about it, realizing your own violations, remembering situations when you suffered from someone’s unethical behavior. Think about it and clear it. To treat such social suppuration, a surgical path is needed. Which is what I tried to do.
When I finished this article, I decided to check how it made an impression, and read it to my fellow consultant. I didn’t really like the reaction: “It’s like you rolled out in the mud: you try everything on yourself.” But do not write for the hundredth time that consultants have dozens of ethical codes. Every consulting firm has such a code. Every association. Including at the international level. That only those who agree with the norms of these codes are accepted into the professional community. There are many cases when a person was expelled from the community for violating ethical standards. So, here I just outlined the violations that are prohibited in the community. This is a "brick" that prohibits movement, a red traffic light: this cannot be done.
1 V.S. Dudchenko. "Ontosynthesis of Life". - M .: Publishing house "Border", 1999. Chapter 3. Bluff ontosynthesis, ss. 45-50.
The Code of Professional Ethics for a medical worker in the Sverdlovsk Region (hereinafter referred to as the Code) is a document that defines a set of ethical norms and principles of behavior for a medical worker in the course of professional medical activity.
The norms of professional ethics of a medical worker are established on the basis of cultural norms, constitutional provisions and legislative acts of the Russian Federation, norms of international law. This Code defines the high moral responsibility of a medical worker to society and the patient for their activities. Every healthcare professional must take all necessary steps to comply with the provisions of the Code.
CHAPTERI. General provisions
Article 1. The concept of "medical worker"
In accordance with paragraph 13 of Article 2 of Federal Law No. 323-FZ “On the Basics of Protecting the Health of Citizens in the Russian Federation”, in this Code, a medical worker is understood to be an individual who has a medical or other education, works in medical organization and whose labor (official) duties include the implementation of medical activities, or an individual who is an individual entrepreneur directly engaged in medical activities.
Article 2. Purpose of professional activity
The purpose of the professional activity of a medical worker is to save a person's life, participate in the development and implementation of measures to protect his health within the competence of a medical worker, the proper provision of all types of diagnostic, therapeutic, preventive, rehabilitation and palliative medical care.
Article 3. Principles of activity
The health worker must use all his knowledge and practical skills, in accordance with the level vocational education and qualifications to protect the health of citizens, ensuring the quality of care provided to them at a high level.
The medical worker is obliged equally respectfully to render medical care to any person, regardless of gender, age, race and nationality, place of residence, social status, religious and political beliefs.
The actions of a medical worker, his beliefs and orientation in the transplantation of human organs and tissues, intervention in the human genome, in the reproductive function are determined by ethical, legal and legislative regulations Russian Federation.
A medical worker is obliged to constantly improve his professional knowledge and skills.
A medical worker is responsible, including moral, for providing high-quality and safe medical care in accordance with his qualifications, accepted clinical guidelines, job descriptions and official duties.
Considering the role of a medical worker in society, he should support and take part in public events, especially those promoting healthy lifestyle life.
Article 4. Inadmissible actions of a medical worker
The abuse of knowledge and position of a medical worker is incompatible with his professional activities.
The medical worker is not entitled to:
use their knowledge and capabilities not for the purpose of protecting human health;
use methods of medical influence on the patient at the request of third parties;
impose their philosophical, religious and political views on the patient;
use unregistered medical equipment in accordance with the established procedure;
prescribe and use pharmacological preparations not registered in the Russian Federation;
to impose on patients one or another type of treatment, medicines for selfish purposes;
inflict on the patient physical, mental or material damage intentionally or negligently, be indifferent to the actions of third parties causing such damage.
The personal prejudices of a medical worker and other subjective motives should not influence the choice of diagnostic and treatment methods.
When prescribing a course of treatment, a medical worker is not entitled to provide the patient with unreliable, incomplete or distorted information about the medicines, medical devices used.
Refusal of the patient from the proposed paid medical services cannot be the reason for the deterioration in the quality and availability, the reduction in the types and volume of medical care provided to him free of charge under the program of state guarantees established by the legislation of the Russian Federation.
Gifts from patients to and from patients are highly discouraged as they may give the impression to patients who do not give or receive gifts that they are being less cared for. Gifts should not be given or accepted in exchange for services.
A medical worker does not have the right, taking advantage of his professional position, mental incompetence of the patient, to conclude property transactions with him, use his labor for personal purposes, as well as engage in extortion and bribery.
A medical worker has no right to hide information about the state of his health from the patient. In the event of an unfavorable prognosis for the life of the patient, the medical worker should inform the patient very delicately and carefully, provided that the patient has expressed a desire to receive such information.
A medical worker is not entitled to hide from the patient and immediate supervisor information about the development of medical and technogenic pathology, unforeseen reactions and complications in the course of treatment.
Article 5. Professional independence
The duty of the medical worker is to preserve his professional independence. When providing medical care, the medical worker assumes full responsibility for the professional decision, and therefore is obliged to reject any attempts of pressure from the administration, patients or other persons.
The medical worker has the right to refuse cooperation with any individual or legal entity if it requires him to act contrary to the law, ethical principles, professional duty.
Participating in consultations, commissions, consultations, examinations, etc., a medical worker is obliged to clearly and openly state his position, defend his point of view, and in cases of pressure on him, resort to public and legal protection, as well as protection from professional medical communities.
CHAPTERII. Relationship between health worker and patient
Article 6. Respect for the honor and dignity of the patient
A medical worker must respect the honor and dignity of the patient, show an attentive and patient attitude towards him and his relatives. Rude and inhuman treatment of a patient, humiliation of his human dignity, as well as any manifestations of superiority, aggression, hostility or selfishness, or an expression of preference for any of the patients by a medical worker are unacceptable.
Article 7. Conditions for the provision of medical care
A medical worker must provide medical care while maintaining the principles of freedom of choice and the human dignity of the patient.
Everyone who needs emergency medical care in conditions requiring emergency medical intervention (in case of accidents, injuries, poisoning and other life-threatening conditions and diseases) must be accepted and examined by medical workers, taking into account their specialty and regardless of solvency and availability of medical insurance policy.
Article 8. Conflict of interest
In the event of a conflict of interest, the healthcare professional should give preference to the interests of the patient, unless their implementation causes direct harm to the patient or others.
Article 9. Medical secrecy
The patient has the right to expect that the medical professional will keep confidential all medical and personal information entrusted to him. A medical worker is not entitled to disclose, without the permission of the patient or his legal representative, information obtained during the examination and treatment, including the very fact of seeking medical help. The medical worker must take measures to prevent the disclosure of medical confidentiality. The death of a patient does not release from the obligation to maintain medical confidentiality. The transfer of information containing medical confidentiality is allowed in cases provided for by the legislation of the Russian Federation.
Article 10
A medical worker should not resort to euthanasia, as well as involve other persons in its execution, but is obliged to alleviate the suffering of patients in a terminal state, in all available, known and permitted ways. A medical worker must assist the patient in exercising his right to receive the spiritual support of a minister of any religious denomination and is obliged to respect the rights of citizens regarding the conduct of a post-mortem examination, taking into account the current legislation of the Russian Federation.
Article 11. Choice of a medical worker
A medical worker has no right to interfere with a patient who decides to entrust his further treatment to another specialist. A healthcare professional may recommend another specialist to a patient in the following cases:
if he feels insufficiently competent, does not have the necessary technical capabilities to provide the proper type of assistance;
this type of medical care is contrary to the moral principles of a specialist;
if there are contradictions with the patient or his relatives in terms of treatment and examination.
CHAPTERIII. The relationship of medical workers
Article 13. Relationships between medical workers
Relationships between healthcare professionals should be built on mutual respect and trust.
In relationships with colleagues, a medical worker must be honest, fair, friendly, decent, respectful of their knowledge and experience, and also be ready to disinterestedly transfer their experience and knowledge to them.
The moral right to lead other health professionals requires a high level of professional competence and high morals.
Criticism of a colleague should be reasoned and not offensive. Professional actions are subject to criticism, but not the personality of colleagues. Attempts to strengthen one's own authority by discrediting colleagues are unacceptable. A medical worker has no right to allow negative statements about his colleagues and their work in the presence of patients and their relatives.
In difficult clinical cases, experienced health professionals should give advice and help to less experienced colleagues in a correct manner. In accordance with the current legislation, only the attending physician bears full responsibility for the treatment process, who has the right to accept the recommendations of colleagues or refuse them, guided solely by the interests of the patient.
CHAPTERIV. Limits of the Code, liability for its violation, procedure for its revision
Article 14. Operation of the Code
This Code is valid throughout the Sverdlovsk region.
Article 15. Responsibility of a medical worker
The degree of responsibility for violation of professional ethics is determined by the commission on medical ethics under the Ministry of Health of the Sverdlovsk region and commissions on ethics in healthcare organizations.
If a violation of ethical standards simultaneously affects legal norms, the medical worker is liable in accordance with the legislation of the Russian Federation.
Article 16. Revision and interpretation of the Code
The revision and interpretation of certain provisions of this Code is carried out by the Ministry of Health of the Sverdlovsk Region, taking into account the proposals of the trade union of healthcare workers in the region, the Associations of Medical Workers and the medical professional association of doctors of the Sverdlovsk Region.
A medical worker is an individual who has a medical or other education, conducts labor activity in a medical organization whose duties include the implementation of medical activities, or an individual who is individual entrepreneur and operates in the field of medicine. The main task is to improve human health and preserve human life. This ensures that every patient is treated with respect. Medical workers, performing a labor function, in accordance with the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), have certain duties of an employee and are liable for violation of labor discipline, internal labor regulations.
In the performance of their duties, "guardians of health" must comply with the rules medical ethics. However, there are problems associated with the professional ethics of a medical worker, both at the international and national levels. It is believed that the basic principles of medical ethics were formulated by Hippocrates. These principles are as follows1: 1. The principle of non-harm, concern for the benefit of the patient, the dominant interests of the patient. 2. The principle of careful informing the patient, allowing him to be misinformed. 3. The principle of respect for life, a negative attitude towards euthanasia, complicity in suicide, and abortion. 4. Commitment to renounce intimate relationships with patients. 5. The principle of medical secrecy and confidentiality. 6. Obligations to teachers. 7. Commitment to transfer knowledge to students and to consult with colleagues. 8. Obligations of professional and moral self-improvement and decent behavior. It is obvious that the principles indicated by Hippocrates put the rights and interests of citizens at the head. Exploring the legal doctrine, a certain picture of the professional ethics of medical workers is formed. I.V. Prikhoda, A.A. Rybalchenko in his work "Fundamentals of Medical Ethics and Deontology" notes that the following conditions are necessary for the optimal implementation of the principles of medical deontology: vocation, tact, intelligence, citizenship. A medical worker must always remember the patient, have the ability to conquer and subjugate the soul of the patient2. In addition, researcher T.A. Kornaukhova is in solidarity with the principles of Hippocrates and believes that the main principle of the Hippocratic model of medical ethics is the maxim “do no harm”. This principle acts as a regulator of the civil component of the doctor's professional ethics3. This problem was also studied
V. N. Saperov in his work “Bioethics or medical ethics? Basic principles of medical ethics”, where he points out that the principles of professional ethics of medical workers contain the following principles: “The main thing is do no harm”, “Do good”, the principle of respect for the autonomy of the patient and the principle of justice1.
In addition to the above researchers, the problem of medical ethics was studied by such scientists as Yaroslavtseva A.V., Ganshin I.B., Shergeng N.A. and others. considerable attention. Thus, Article 3 of the Global Code of the World Health Organization (hereinafter referred to as WHO) on the practice of international recruitment of health personnel stipulates that the health of all people is the most important condition for achieving peace and security2. In addition, WHO in the international code of medical ethics emphasizes that3: THE PHYSICIAN MUST always maintain the highest professional standards. A PHYSICIAN MUST not allow considerations of self-interest to interfere with the freedom and independence of professional decision, which should be made solely in the interests of the patient. THE PHYSICIAN MUST prioritize compassion and respect for human dignity patient and fully responsible for all aspects of medical care, regardless of their own professional specialization. A PHYSICIAN MUST be honest in dealing with patients and colleagues and fight those of his colleagues who show incompetence or are seen as deceitful.
These duties meet the principles of ethics established at the time by Hippocrates, where the interests of a person are supreme value. As for the regulation of the issue of professional ethics at the national level, it should be noted that the Russian Federation also pays great attention to this. In accordance with the Constitution of the Russian Federation, a person, his rights and freedoms are the highest value, and everyone has the right to health protection and medical care4. These human and citizen rights are exercised through the activities of medical organizations and medical workers who must comply with the rules of professional ethics.
Thus, the Code of Professional Ethics of a Doctor of the Russian Federation establishes that a doctor is obliged to provide high-quality, effective and safe medical care. He must take into account the advantages, disadvantages and consequences of various diagnostic and therapeutic methods. In the absence of the necessary conditions and resources in the medical organization, the doctor is obliged to refer the patient to the appropriate medical institution1. In our opinion, each medical worker must perform his duties efficiently and effectively, taking into account the peculiarities of each specific situation. In addition, considerable attention is paid to medical confidentiality.
Article 8 of the Code of Professional Ethics of a Doctor of the Russian Federation contains the rule that medical secrecy refers to everything that became known to the doctor in the course of his professional duty. It is not allowed to disclose information constituting a medical secret without the permission of the patient or his legal representative, including after the death of a person, except as otherwise provided by Russian law. In this act, as in others regulating the professional ethics of medical workers at various levels, the highest value is the honor and dignity of the patient, and it is indicated that the treatment should take into account all the features of his personality and respect his personal life and the right to confidentiality2. In addition, it should be noted that a draft Code of Professional Ethics for a medical worker has been developed, which establishes the duty of conscientious performance of their labor functions3.
Also exists the federal law“On the Fundamentals of Protecting the Health of Citizens”, which, in turn, establishes the rules of professional ethics for a medical worker. Attention should be paid to the fact that failure to perform any duty by an employee working under an employment contract, or improper performance labor function in accordance with the Labor Code of the Russian Federation entails disciplinary liability in accordance with Article 192 of the Labor Code of the Russian Federation4. Similarly, non-compliance by a medical worker with the norms of professional ethics provides for disciplinary liability for evasion or poor performance of their duties5. But in the latter case, a medical worker can be brought, in addition to disciplinary responsibility, to administrative and criminal liability, since human life and health is serious. Code of the Russian Federation on administrative offenses establishes administrative responsibility in Article 13.11 “Violation of the procedure established by law for the collection, storage, use or dissemination of information about citizens (personal data)”6, and Article 137 of the Criminal Code of the Russian Federation provides for liability for “Violation of privacy”7, where privacy means disclosure of information constituting a medical secret by a person to whom this information became known in connection with the performance of his official or professional duties. However, despite the responsibility, medical workers do not comply with the established norms, which is a huge problem. On this issue, there is a wide one. Thus, the Khabarovsk Regional Court issued an appeal ruling No. 33-5145 / 2016 dated August 12, 2016 in case No. 33-5145 / 2016 in the case of recognition of an order to bring to disciplinary responsibility for non-compliance with continuity in treatment, violation of ethical and deontological norms of behavior doctor illegal. By the decision of the Industrial District Court of Khabarovsk dated April 26, 2016, the claims were denied.
The Judicial Collegium of the Khabarovsk Regional Court determined that the decision of the Industrial District Court of Khabarovsk dated April 26, 2016 in a civil case on a claim to recognize the order to bring to disciplinary liability unlawful, to recover compensation for moral damages should be left unchanged, and the appeal was dismissed1. So, professional ethics medical workers is an important component of the legal norms governing their activities, since citizens engaged in labor activities in the field of protecting human health and life must strictly comply with the established rules for high-quality and professional assistance. To ensure compliance with the rules of professional ethics of medical workers, we believe that it is necessary to tighten the rules that establish liability for their violation.
F.F. KARIMOV
Previous postNext post
At the beginning of the chapter, it was already mentioned that attempts to give a universal definition of ethics run into certain difficulties, but it is even more difficult to follow the rules of ethics in the implementation of daily activities in the field of SR. In this regard, here is another definition of ethics:
Ethics refers to the system of values by which a person determines what is right or wrong, what is fair or unfair, what is fair or unfair. Ethics is manifested in moral behavior in a particular situation.
Thus, ethics can be seen as people's judgment of whether certain actions are right or wrong. Unfortunately, the formulation of such judgments is difficult due to the norms of social behavior that exist in this society, in this moment time. Additional difficulties are introduced by the level of education of the individual, and the cultural environment, and the specifics of a particular situation.
Compliance with the public interest. It has already been said that most of the information created in written or oral form by a SO specialist in one way or another affects society, causes public outcry. Everything that is defined as illegal by law is at the same time unethical, and in this the law and ethical norms completely coincide, and in such cases it is said that ethics confirms the law. Public relations in its activities serve the public best by providing timely, truthful, honest and objective information. To achieve this, the SA specialist should avoid:
Preparing written material that is harmful and undermines confidence in effective functioning state institutions their country (if the work is not carried out in the interests of the opposition party to the government, there is no point in undermining the economic and other foundations in the country where the business is conducted);
Preparation of written materials calling for anarchy, the abolition of the Constitution and the overthrow of the legitimate government;
Sale or transfer to foreign nationals of state secrets vital to the security of the country (this is especially important in cases where the employer of a SO specialist is a foreign firm or an individual - a foreign national);
Preparation of written materials inciting racial and other types of hatred, contempt, ridicule and violence;
Compilation of inaccurate and misleading materials.
Good taste. First of all, you should avoid using rude words, obscene expressions, humiliating and offensive statements in your written materials.
Decency. Avoid:
Compiling materials that undermine the reputation of other professionals also working in the field of public relations (the exception may be cases when this other professional "engages in unethical, illegal, unfair practices" - see the appendix of Articles 14 and 15 of the Code of the American Public Relations Association );
Use or transfer to others for personal gain of confidential information received from former and current clients;
Taking orders from clients competing with the current employer.
Effects. Specialists who violate the norms of ethical behavior in written communication:
In many cases they break the law, thus harming their own careers;
Destroy personal dignity, professional and human trust in relation to themselves;
Destroy the reputation and trust in their customers;
By their behavior, they undermine confidence in the entire professional activity of SOs as a whole.
Because this book includes a chapter on compiling advertising texts should pay special attention to the laws and legislative acts regulating promotional activities. In Russia, the Federal Law “On Advertising” was adopted on July 18, 1995. This Law primarily defines the circle of social relations related to the placement and distribution of advertising products, protecting the consumer from advertising of poor quality goods, and the advertisers themselves from unfair competition in the field of advertising.
In Art. 2 of the Federal Law "On Advertising" defines the concept of "advertising", which explains that advertising is understood as "distributed in any form, by any means, information about an individual or legal entity, goods, ideas and initiatives (advertising information), which is intended for an indefinite circle of persons and is designed to form or maintain interest in these individuals, legal entities, goods, ideas and undertakings and promote the sale of goods, ideas and undertakings. The remaining articles of the Law describe and prescribe in detail the restrictions and prohibitions imposed on advertisers, advertising producers and mass media engaged in the placement and distribution of advertising.
The Law also characterizes unfair advertising (Article 6), which is described as hidden, deliberately false, unreliable, unethical.
Since the ethical component in the profession of a public relations specialist is far from the last place, we will focus on Art. 8 of the Law "On Advertising", which deals in detail with the problem of unethical advertising.
Contains textual, visual, audio information that violates the generally accepted norms of humanity and morality by using offensive words, comparisons, images in relation to race, nationality, profession, social categories, age group, gender, language, religious, philosophical, political and other beliefs individuals;
Discredits objects of art constituting a national or world cultural heritage;
Discredits state symbols (flags, emblems, anthems), the national currency of the Russian Federation or another state, religious symbols; discredits any natural or legal person, any activity, profession, product, person. Unethical advertising is not allowed.
The text of this article and many other articles concerning the need for ethical standards and universal values in advertising repeats the provisions of the International Code advertising practice. Let's turn to the postulates of this document.
Respect legality, decency, honesty and reliability;
Remember the responsibility to society;
Respect and uphold community values;
Be guided by the principles of fair competition. Advertising must not:
Finishing consideration of the issue of the role and importance of compliance with legal and ethical standards in the activities of a public relations specialist, it should be emphasized once again and designated as the fundamental and priority duty of such a specialist to observe these standards himself and preach their observance among his colleagues in the profession, in his organization. , in society.
Questions for reflection
After reading the contents of the PACO Declaration of Professional and Ethical Principles in Public Relations, the Code of Athens, and the Code of the American Public Relations Association in the appendices at the end of this book, form your own opinion and make a decision about the following situations.
1. In order to illustrate the situation about how complex and ambiguous the activities of a PR specialist in various fields of activity, even within the same situation, consider the case below.
In the United States, as in many other countries (including Russia), the issue of banning smoking and tobacco production is especially acute because, historically, the United States has been the main producer and exporter of tobacco products for centuries. Below are the main groups of the public whose interests are affected in this situation. Tobacco plantation owners. Growing tobacco is not prohibited by law, the product is registered with agricultural subcommittees, sometimes subsidized by the state.
tobacco industry. Production is permitted by law, industry provides employment for a significant part of the population. Smokers. Human rights cannot be restricted; if the product is produced legally, it can be consumed.
Non-smokers. Smokers harm the health of others; while smokers have the right to smoke, non-smokers have the right not to smoke in their presence.
Association of Physicians. Smoking limits the lifespan of both smokers and non-smokers. Treatment of pulmonary diseases is long and expensive; the introduction of restrictions on the rights of smokers and the activities of the tobacco industry is required.
Public Health. Since the production of the product is permitted by law, then government bodies it remains only to inform the public about the dangers of tobacco smoking.
In each of the above groups of the public in these organizations there are services for public relations. How should each of these groups defend the interests of the organization, taking into account the interests of society as a whole or individual groups of society?
2. You are a public relations professional and are assigned by the president of your company to write a news release about a new product launch. In the news release, it is necessary to indicate that this product, in terms of its quality indicators, is three times superior to similar products produced by competing firms. You are aware that no studies have been conducted by your firm to confirm the truth of this statement. What are your actions as a PR specialist?
3. Your organization, in order to ensure the most reliable way to ensure the publication of its news releases, invites the editor of one of the city's newspapers to position consultant, while maintaining his position in the newspaper. Do you see signs of unethical behavior here, both on the part of the organization and on the part of the editor, if the latter agrees to accept this proposal? What are these signs of unethical behavior?
4. The PR agency you work for, in competition for a potential client, guarantees him the publication of materials about his company in the most prestigious professional journals. Why is the agency not authorized to make such promises?
5. Your PR agency client asks you for professional advice on the question of how to avoid financial threats when his company merges with another, weaker one. You do not want to take responsibility, considering yourself insufficiently competent in financial matters. You recommend that your client contact a specialist from another PR agency, your friend. Your friend gave advice and received a generous reward. He offers to send you a check for 30,000 rubles. Can you accept this check without informing your agency and client management?
6. The head of a construction firm in which you head the public relations department invites you to write texts for a series of his speeches at meetings with the public in connection with the firm's plans for infill development in a residential area of a residential area of \u200b\u200bthe city. You know that the promises that the manager requires to include in the text of the speeches are not in the plans of your construction organization, are practically difficult to implement and therefore will not be fulfilled. What are your actions in this situation?
7. A well-known athlete is accused of selling drugs, he is also charged with planning the murder of a young couple, his acquaintances. An athlete's lawyer turns to his friend, a PR specialist, for help in placing publications in the media. The specialist accepts this offer. However, even before the trial from private sources with a high degree reliability, the PR specialist learns that the athlete was indeed involved in the distribution of drugs and took part in the murder. The lawyer assures his friend that the information received is classified and will not appear in court and that he intends to seek an acquittal for his client. What ethical issues arise in this situation? Which articles professional code affected here? What should a PR specialist approached by a lawyer do?
First, let's talk about what ethics is. From the definition offered by dictionaries, one can make a generalized conclusion that ethics is a philosophical doctrine about morality, about the rules of human behavior. Therefore, professional ethics is a system of norms and rules of conduct for a specialist.
Usually ethical standards refer to unspoken rules, but some big companies, such as Russian Railways or Gazprom, these rules are consolidated into a single document - the so-called "Code of Corporate Ethics".
General principles of ethical behavior of employees in documents different companies are approximately the same and boil down to the following: compliance with the law and internal acts of the company, following high moral principles, responsible attitude to official duties, maintaining a positive reputation of the company, respectful attitude towards colleagues and customers, maintaining confidentiality of information, and more.
Returning to the issue of dismissal. The employee violated the norms of corporate ethics, and it is impossible to dismiss on this basis. What to do, and what should be expressed in violation of corporate ethics, so that dismissal becomes possible from the point of view of Labor Code RF?
1. Disclosure of trade secrets (subparagraph b of paragraph 6 of Article 81 of the Labor Code of the Russian Federation).
Decision of the Kirovsky District Court of the city of Yekaterinburg No. 2-1942 / 19 (11) dated 04.27.2011.
Claimant CH.E.The. filed a lawsuit against Domofon Service LLC for recognition of the dismissal as illegal, reinstatement, recovery of average earnings for the time of forced absenteeism, compensation for non-pecuniary damage. In support of the claim, she indicated that in the period from 04/01/2010 to 02/04/2011 she worked ... at Domofon Service LLC, on 02/04/2011 she was dismissed at the initiative of the employer under Article 81, paragraph 6, subparagraph "c" for disclosure of trade secrets. In violation of Article 11 of the Federal Law "On Commercial Secrets", when applying for a job, she was not introduced to confidential information, and she does not know whether Domofon Service LLC has taken measures to protect commercial secrets, she has not signed any agreements on non-disclosure of commercial secrets. She was also not acquainted with the order to terminate the employment contract. The work book was sent to her only on February 15, 2011. The plaintiff asks to recognize her dismissal under subparagraph "c" of paragraph 6 illegal, oblige Domofon Service LLC to change the wording of the grounds for dismissal to dismissal for own will on point 3Article 77 of the Labor Code of the Russian Federation recover from the defendant in her favor average earnings during the forced walk.
At the hearing, the plaintiff supported the claims.
The representative of the defendant at the court session did not recognize the claims and explained that the plaintiff signed an employment contract and had to not disclose information belonging to the employer, the information became available to third parties without the consent of the director, the information is confidential, economic and protected. It is necessary to recover damages from the employee for the disclosure of trade secrets.
In its decision, the court stated the following.
According to paragraph 43 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”, if the employee disputes the dismissal under subparagraph “c” of paragraph 6 of part one of Article 81 of the Code, the employer is obliged to provide evidence indicating the fact that the information that the employee disclosed, in accordance with applicable law, refers to state, official, commercial or other secrets protected by law, or to the personal data of another employee, this information became known to the employee in connection with the execution by him job duties, and he undertook not to disclose such information.
In accordance with Article 11 of the Federal Law of July 29, 2004 No. 98-FZ “On Commercial Secrets”, in order to protect the confidentiality of information, the employer is obliged to familiarize the employee, whose access to information constituting a commercial secret, is necessary for the performance of his labor duties, against receipt, with a list of information constituting a commercial secret, the owners of which are the employer and his contractors; familiarize the employee against the receipt of the trade secret regime established by the employer and the measures of responsibility for its violation; create an employee the necessary conditions to comply with the trade secret regime established by the employer.
This court decision shows the main mistake made by employers who want to establish a trade secret regime in an organization. The absence of provisions on commercial secrets, the list of information constituting a secret, or the employee's failure to familiarize himself with them are grounds for recognizing the dismissal on the above basis as illegal.
2. Dismissal due to loss of confidence.
Decision of the Volgodonsky District Court of the Rostov Region in case No. 2-2093/11 dated 10/14/2011.
R.O.A. appealed to the court with a claim, taking into account the clarifications accepted by the court toIstok-Design LLC
on recognizing the dismissal as illegal, changing the wording of the dismissal, collecting wages and compensation for non-pecuniary damage, indicating that on 06/01/2004 he was hired by Istok-Design LLC as a manager.
From 08/01/2006 he was transferred to the senior managerIstok-Design LLC
. From 02.02.2010 R.O.A. promoted to acting director. With R.O.A. concluded an employment contract without a number dated 02/02/2010 with a trial period of six months. On August 2, 2010, by order No. 56-k, he was appointed director on a permanent basis. Additionally, an employment contract with R.O.A. did not conclude. Wage R.O.A. was appointed as the director of Istok-Design LLC. in the amount of 45,000 rubles per month. 03/02/2011 R.O.A. fired fromIstok-Design LLC
in connection with the commission of guilty actions by an employee directly servicing monetary or commodity values, giving grounds for the loss of confidence in him on the part of the employer, the basis of clause 7 of part oneArticle 81 of the Labor Code of the Russian Federation
. He considers the dismissal illegal, since he was not a person directly servicing material assets, an agreement on liability with R.O.A. did not conclude. In the duties of R.O.A. work on the reception, storage, transportation, distribution of products was not included. He did not have access to the furniture warehouse, in cash did not manage. The warehouse was managed by the manager, with whom an agreement on liability was concluded. By virtue of a prisoner with P.O.A. employment contract, his duties did not include control over financial means and material values. The employer did not bring to the attention of R.O.A. what his guilty actions were, which led to the loss of confidence in him on the part of the employer.
Sh.M.N. and M.I.I., representatives of LLC «Istok-Design», acting by proxy, objected to the satisfaction of claims, the court explained that R.Oh.A. dismissed from the post of director of Istok-Design LLC in connection with the discovery in March 2011 of a shortage in the furniture warehouse and a shortage in the accessories warehouse, identified on 03/28/2011. R.O.A. was a financially responsible person for the material assets entrusted to him in the hardware warehouse, since when he was transferred from the position of manager and senior manager to the position of director, he did not transfer the hardware warehouse to anyone. Based on the identified facts of shortages in the furniture warehouse and the accessories warehouse, the founders of Istok-Design LLC decided to dismiss R.O.A. for the commission of guilty actions by an employee directly servicing monetary or commodity values, giving grounds for the loss of confidence in him on the part of the employer.
As established by the court, grounds for dismissal R.Oh.A. was the commission of guilty actions by an employee directly servicing monetary or commodity values, if these actions give rise to a loss of confidence in him on the part of the employer.
Labor duties R.O.A. are regulated by the employment contract, job description of the director, the charter of Istok-Design LLC, also on 10/19/2005 with R.O.A. concluded an agreement on full liability as a manager in connection with the maintenance of material assets in the warehouse of accessories. When the plaintiff was transferred to the position of director, he did not transfer the specified warehouse of accessories to other financially responsible persons, which is not disputed by the plaintiff.
At the time of dismissal under clause 7 of part 1Article 81 of the Labor Code of the Russian Federation the plaintiff worked as a director of Istok-Design LLC.
As follows from the employment contract dated 02.02.2010, job description director of Istok-Design LLC, the charter of Istok-Design LLC, the plaintiff, acting as director, was not a person directly servicing material assets. Materially responsible persons worked in the submission of the plaintiff, directly by virtue of direct labor duties, they carried out the maintenance of material assets.
According to paragraph 45 of the Decree of the Plenum of the Supreme Russian Federation of March 17, 2004 No. 2, the courts need to keep in mind that the termination of an employment contract with an employee under paragraph 7 of the first part of Article 81 of the Labor Code of the Russian Federation due to loss of confidence is possible only in relation to employees directly serving cash or commodity values (reception, storage, transportation, distribution, etc.), and provided that they committed such guilty actions that gave the employer reason to lose confidence in them.
From the application order disciplinary action R.O.A. in the form of dismissal, it is not seen, for the commission of which guilty actions that give rise to the loss of the employer's trust in him, the plaintiff will be subject to disciplinary action in the form of dismissal, his guilt in failure to fulfill labor duties.
The claims have been satisfied.
In most cases, when considering this category of cases, the court takes the side of the plaintiff, making a decision in his favor. The grounds for satisfying the claims are similar, namely, the employer dismisses an employee due to the loss of confidence who is not financially responsible, or cannot clearly indicate which actions of the employee caused the loss of confidence.
The Labor Code of the Russian Federation does not contain information about which employees are financially responsible, therefore, when resolving this issue, they refer to the Decree of the Ministry of Labor of Russia dated December 31, 2002 No. 85, which defines a list of works, during the performance of which an agreement on full liability can be concluded. This is indicated Supreme Court RF in Decree No. 2 dated March 17, 2004. As noted earlier, paragraph 45 of this resolution instructs the courts to take into account that the termination of an employment contract with an employee under paragraph 7 of part one article 81 of the Labor Code of the Russian Federation in connection with the loss of trust is possible only in relation to employees directly servicing monetary or commodity values (reception, storage, transportation, distribution, etc.), and provided that they committed such guilty actions that gave the employer grounds for loss trust in them.
Another ground for dismissal may be an act that discredits the honor of an employee, and applies to law enforcement officers. This basis provided, for example, by paragraph 1 of article 41.7 of the law "On the Prosecutor's Office of the Russian Federation".
Decision of the Leningrad District Court of the city of Kaliningrad No. 2-5621 / 2010 of 12/14/2010.
Claimant P.V.N. filed a lawsuit against the Investigation Department of the Investigative Committee under the Prosecutor's Office of the Russian Federation on (...) to invalidate the order No. k dated (...) on dismissal on the basis of subparagraph "c" of paragraph 1 of Article 43, paragraphs 1 and 3 of Article 41- 7 of the Federal Law "On the Prosecutor's Office of the Russian Federation" and paragraph 14 of Article 81 of the Labor Code of the Russian Federation for committing an offense discrediting the honor of a prosecutor's worker.
On the merits of the order, he explained that since (...) he was on a business trip in Moscow. DD.MM.YYYY at about 7 p.m., he, together with the investigators of the investigation team R. and I., arrived at Pulkovo Airport, where he purchased air tickets. After purchasing air tickets, while waiting for the flight, he and R. bought a can of beer at a kiosk in the airport building. Initially, he explained that he brought a can of beer on board, where he opened it and began to drink. Then he explained that they began to drink beer even in the airport building, having taken two or three sips, then they passed the pre-flight inspection and boarded the aircraft, holding open cans of beer in their hands. There were no comments from airport workers and flight attendants. The fact that the use of drinks brought with them on the specified flight is not allowed, no one told them. The plaintiff and two other employees took their seats, buckled up, and then took out cans of beer they had brought with them, took a couple of sips, they were approached by the flight attendant of the indicated flight, E., who said that “this is prohibited on board her aircraft.” The plaintiff asked why, after which E., without explaining the reasons, began to snatch cans from the plaintiff and R. directly from the hands, pouring over his and R.'s outerwear. The plaintiff immediately gave her the jar, having fulfilled her demands. The plaintiff asked to be escorted to the commander of the aircraft, he was refused. About 10 minutes later, three police officers entered the plane. None of them introduced themselves or presented any identification. When R. asked what would happen if we did not comply with their demands, he explained that he would use physical force. After that, R. showed his service certificate. The police officers stepped aside after presenting their ID. The plaintiff, R. and I. refused to leave the plane, motivating their actions by the absence of any violations on their part. The plaintiff believes that there were no illegal actions on his part on the ship.
The defendant's representative by proxy O.Yew.M. at the hearing the claim was not recognized in full. On the merits of the claim, he explained that the dismissal of the plaintiff was legal and justified.
When considering this case, the court saw in the plaintiff's actions an act discrediting the honor of a prosecutor's office worker.
The claims were denied.
Another circumstance that serves as a basis for dismissal is the so-called conflict of interest.
Appeal ruling of the Moscow City Court in case No. 33-4944 dated March 6, 2014.
I. filed a lawsuit against Avtodor Civil Code to invalidate the entry in the work book, to recognize the grounds for dismissal as illegal, and to change the wording of the dismissal.
In support of his claims, the plaintiff referred to the fact that he worked for the defendant in the position (...) of the Department of Design, Technical Policy and innovative technologies, (...) was fired bypoint 7.1 of part 1 of article 81 Labor Code of the Russian Federation. Plaintiff considers his dismissal unlawful and unreasonable.
Representatives of the plaintiff at the hearing supported the claims.
The court of first instance found that by order of (...) year No. (...) I. was hired by Avtodor State Corporation from (...) a year to the Department of Design, Technical Policy and Innovative Technologies for the position (. ..) department.
By order of (...) year No. (...) I. (...) dismissed from the post of Deputy Director of the Department of Design, Technical Policy and Innovative Technologies forpoint 7.1 of part 1 of article 81 of the Labor Code of the Russian Federation in connection with the failure to take measures to prevent or resolve a conflict of interest to which he is a party, which gives grounds for the employer to lose confidence in the employee.
The grounds for the dismissal were: the presentation of the General Prosecutor's Office of the Russian Federation dated 09/13/2013 "On the Elimination of Violations of Anti-Corruption Legislation", an explanatory note dated (...) year, the protocol of the commission dated (...) on the application of penalties, the recommendation of the Commission on compliance with the requirements for official conduct of employees and settlement of conflicts of interest in Avtodor State Corporation.
According to the results of the audit, it was revealed that in the information about his income, about property and obligations of a property nature for (...) a year, the plaintiff did not indicate information about ownership of shares in authorized capitals LLC NPP YuzhDorNII, LLC Morand, LLC Pallada, as well as information on the registration of the plaintiff as an individual entrepreneur.
In addition, the court established and the case materials confirm that, in accordance with the extracts from the Unified state register legal entities NPP YuzhDorNII LLC is an active legal entity, and I. as of (...) year is a co-founder of NPP YuzhDorNII LLC, Morand LLC and Pallada LLC, the evidence is in orderarticle 56 The Civil Procedure Code of the Russian Federation, refuting the conclusions of the court, was not presented by the plaintiff.
The Judicial Collegium finds that the procedure for the dismissal of the plaintiff by the defendant was observed, the disciplinary sanction in the form of dismissal was made within the period from the date of receipt of information about the commission of the offense, confirmed during the audit, explanations from the plaintiff were requested (...) years, in connection with which the court rightfully dismissed the plaintiff's claim for invalidating the entry in the work book, recognizing the grounds for dismissal as illegal, and changing the wording of the dismissal.
Summing up, we can say the following. The rules of corporate ethics, unspoken or approved by a local regulatory act, are in fact the rules of conduct and are advisory in nature. Violation of the rules of corporate ethics is not grounds for dismissal of an employee.
Anna Filina, Senior Legal Counsel, GS EL - LAW LLC:
Violation of the rules of corporate ethics often becomes a reason for bringing an employee to disciplinary responsibility. More often, penalties are imposed on employees in the form of comments or reprimands, but there are cases when a violation of the rules of corporate ethics becomes the basis for dismissal under clause 5 of part 1 of Article 81 of the Labor Code of the Russian Federation - repeated non-fulfillment by an employee without good reasons work duties, if he has a disciplinary sanction.
When considering dismissal disputes on the specified grounds, the employer needs to prove exactly what actions that violate the rules of corporate ethics and at what time the employee committed, how these rules are fixed, whether the employee is familiar with it. To do this, the employer can provide memos, written customer complaints, local regulations, testimonies, and the like as evidence. An example of how an employer could not provide evidence satisfying the court is the Decision of the Isilkul City Court of the Omsk Region dated February 16, 2012 in case No. 2-116 / 2012. State-financed organization health care of the Omsk region "Isilkulskaya CRH" dismissed the senior nurse M.L.N. under clause 5 of part 1 of article 81 of the Labor Code of the Russian Federation. The employer blamed the employee for the systematic failure to fulfill his official duties, among which he singled out a violation of the rules of ethics of a medical worker, expressed in a discussion in public place working moments, which, according to the employer, led to disorganization and nervousness of the clinic staff. As evidence, the employer presented a memorandum of nurses about the incorrect behavior of M.L.N., as well as a number of testimonies. In particular, the head nurse of the hospital testified that “in April 2011, a doctor FULL NAME1 received an oral statement that M.L.N. raised her voice to the doctor in the presence of a nurse, about which she personally made a remark to M.L.N. There were also complaints from the nurses of the polyclinic that the head nurse M.L.N. behaves incorrectly. She received information that the senior nurse of the polyclinic M.L.N. in public transport discusses those issues that are discussed at planning meetings in the clinic, which violated the rules of ethics of a medical worker.
However, the court in its decision indicated that the said witnesses interrogated at the court session could not explain why the memorandum was set out in general terms, to whom exactly from the staff M.L.N. was rude, when and where it happened. The court considered that the court did not provide evidence of exactly what “actions the plaintiff committed that violate the rules of ethics of a medical worker and what moments, and in what public place she discussed working moments that lead to disorganization and nervousness of the polyclinic staff”. The court ruled in favor of the employee, satisfying her claim in full, recognizing the dismissal as illegal and reinstating her in her position.
However, in judicial practice there are court decisions that are positive for the employer. K.D. He filed a lawsuit against CJSC Bank Intesa for recognition as illegal and the abolition of a disciplinary sanction, compensation for non-pecuniary damage. By order of the bank, the plaintiff was brought to disciplinary liability in the form of a reprimand for violating a number of clauses of the job description, as well as violating Article 4 of the Code of Corporate Conduct and the section “Principles of Conduct in Relations with Employees” of the Code of Corporate Ethics, expressed in the manifestation of rudeness towards bank employees. The employer managed to confirm the fact of unethical behavior of K.D. with bank employees during the period of requesting explanations from him regarding the violations of information processing. At the same time, the employer submitted local regulations to the court: the Code of Corporate Ethics of Banca Intesa CJSC, according to which the employee must respect the personality and human dignity of each employee, and the Bank’s Corporate Conduct Code, which establishes that representatives and employees should avoid behavior in a workplace that is not characterized by honesty and the utmost respect for the dignity and morals of every employee. The court took into account the provisions of these acts when making its decision. It is also necessary to pay attention to the fact that the employer fully complied with the procedure for bringing the employee to disciplinary responsibility. Therefore, the Basmanny District Court of Moscow refused K.D. in satisfaction of his claim, and the Moscow City Court left this decision unchanged, the appeal of K.D. without satisfaction (Appeal ruling of the Moscow City Court dated May 22, 2013 in case No. 11-11717).
Artem Denisov, Managing Partner law firm"Genesis", candidate of legal sciences:
In general, the informative article of a colleague is aimed more at a formal approach to the study of such a phenomenon as corporate ethics and generalization judicial practice on a formal basis. The statement that the rules of corporate ethics, unspoken or approved by a local normative act, are in fact the rules of conduct and are advisory in nature. Violation of the rules of corporate ethics is not grounds for dismissal of an employee.
It is conditionally possible to divide the manifestation of the phenomenon of corporate ethics in two frameworks of relations. First, it can be considered as conditions for the behavior of employees within the corporate structure, where it is expressed by issuing a local labor act. Second: the mandatory conditions for employee compliance within professional communities, for example, lawyer education, audit organizations, and so on, where it is compliance with corporate ethics and rules that is a condition and guarantee of the proper performance of labor duties and is the basis for dismissal. They are established both within the framework of industry laws and within the framework of local acts.
In the first case, we can consider the norm when, as additional basis to terminate the employment contract with the head of the organization on the basis of paragraph 13 of part 1 of Article 81 and articles 278 The Labor Code of the Russian Federation indicates in the contract the violation of the requirements of corporate ethics (ethical code of the organization).
The review of judicial practice in these legal relations is quite extensive, and it is the application of these articles of the Labor Code of the Russian Federation, in conjunction with the norms of corporate ethics, that ensures the proper procedure for dismissal in case of violation of the norms of corporate behavior by the dismissed person.
If we consider the second case and use Federal Law No. 63-FZ of May 31, 2002 “On Advocacy and the Bar in the Russian Federation” as an example, then the grounds for terminating an employment contract with an assistant lawyer are not only the grounds listed in the Labor Code of the Russian Federation. Also, as the grounds for terminating an employment contract with a lawyer's assistant, and the assistant is expelled from the composition of the lawyer's assistants, there is a case of non-fulfillment or improper fulfillment by the lawyer's assistant of his professional duties or non-fulfillment of decisions of corporate standards governing the activities of the bar.
In general, the concept of corporate ethics in Russian legislation is new, but despite this, this phenomenon is a fairly powerful regulator of employee behavior, which can be subject to various sanctions, up to and including dismissal.
Tatyana Bekreneva, lawyer:
The moral requirements of service relations, or otherwise - corporate ethics, have some features. And although the Labor Code of the Russian Federation does not have a clear definition of the concept of corporate ethics, nevertheless, certain requirements for the behavior of an employee can be attributed to the rules of corporate ethics, namely, requirements, non-compliance with which is a disciplinary offense. It is difficult to agree with the author that these requirements are advisory in nature. Giving an example of a lawsuit on dismissal for disclosure of trade secrets, that is, essentially agreeing that the rule on non-disclosure of trade secrets is a rule of corporate ethics, the author at the same time points out in his conclusions that one cannot be fired for violating the rules of corporate ethics, which is a clear contradiction. Especially when you consider that the violation of the above rule is the basis for dismissal in accordance with the Labor Code (paragraph " in» paragraph 5 of article 81).
A clear understanding of the moral requirements, that is, the moral guidelines for the organization's activities, is necessary for the coordinated work of all departments. It seems that the legislator should determine the criteria for compliance with these moral rules legal requirements, as well as the requirements of reasonableness and fairness. It is important that, like any rule, the rule of corporate ethics must be reliably protected by law, local regulations, conditions established in employment contract, and is also supported by the real actions of the employer to enforce its compliance - punishments, since the establishment of rules requires not only clear fixation, but also sanctions for their violation. In the charters, rules, codes of corporate ethics or other local regulations, which the employee gets acquainted with when hiring under his personal signature, the employer must prescribe a clear reasonable rule of conduct that the employee must comply with, indicating that failure to comply with this rule is equated to a violation labor discipline. At the same time, it is important that the norms contained in them do not worsen the rights of workers in comparison with the current labor legislation.
The law establishes that employees in terms of non-fulfillment or improper fulfillment of their labor duties, which include the obligation to comply with corporate acts, bear disciplinary responsibility. Of course, it is impossible, for example, to dismiss a person with the wording in the order: "For violation of corporate ethics." In the work book you can not write: "Fired for violation of corporate ethics." Dismissal for violation of the rules that relate to the rules of corporate ethics implies compliance with the dismissal procedure established by the Labor Code of the Russian Federation, indicating in the order and work book the legal basis for dismissal (paragraph 14 of Decree of the Government of the Russian Federation dated April 16, 2003 No. 225 "On work books"). But if a violation of these rules really occurs, the employer, in accordance with Articles 192-193 of the Labor Code of the Russian Federation, is obliged to request from the employee explanatory note, if it is not provided, an appropriate act is drawn up, after which the employee can be fired.
One cannot but agree that if you correctly fix the relevant requirements, correctly arrange all Required documents to bring an employee to disciplinary liability, no court recognizes the employer's demands as far-fetched and discriminatory. First, all rules must be fixed in a local act. Otherwise, there is no reason for the employer to demand something from employees, and then punish them for non-performance. We cannot agree with the author of the article that the presence of unspoken rules of conduct can influence the issues of holding employees accountable - labor legislation does not provide for such a thing as unspoken rules. Therefore, in the event of a dispute, the employer will have to prove that he has familiarized the employee with the rules of corporate ethics (the obligation not to disclose trade secrets, the obligation to comply with the dress code, for example, employees of the railway or air transport). Secondly, when establishing the requirements of corporate culture by the employer, moderation and reasonableness are important, real requirements should be fixed. Thirdly, when punishing non-compliance with the rules, the provisions of articles 192-193 Labor Code of the Russian Federation. Otherwise, the risk of recognizing the order as illegal, as well as the local act, increases, since if employers violate the norms articles 372 of the Labor Code of the Russian Federation on the procedure for approving local acts, this gives the employee the opportunity to challenge them, or to challenge the actions of the employer based on the illegal norms of the local act. But basically, disputes related to violation of corporate ethics encountered in judicial practice can be divided into two types:
Challenging a disciplinary sanction;
Reinstatement at work in case of dismissal for systematic violation of official duties (clause 5 of part 1 of article 81 of the Labor Code of the Russian Federation).
Thus, taking into account the above, it is hardly possible to agree with the author of the article that a violation of the rules of corporate ethics cannot be a basis for dismissal of an employee. But it is clear that the issues of corporate ethics require special legal elaboration, since corporate ethics is increasingly becoming part of the general policy of the employer.
Vladimir Alistarkhov, legal expert:
An employee cannot be fired for violating the norms of corporate ethics, but the author of the article proposes to figure out “what should be the violation of corporate ethics in order for dismissal to become possible from the point of view of the Labor Code of the Russian Federation?”
The very formulation of this question already contradicts the norms of the current labor law.
Labor legislation, and in particular Article 81 of the Labor Code of the Russian Federation, directly provides for the grounds on which an employee may be dismissed at the initiative of the employer.
The grounds for dismissal of an employee at the initiative of the employer have an exhaustive list, and, accordingly, this ground must be clearly stated in the order for dismissal, indicating the article of the Labor Code of the Russian Federation, according to which the employee is dismissed.
Consideration of the issues of dismissal of an employee at the initiative of the employer through the prism of the code of corporate ethics is a kind of "tautology" of the procedure for considering the dismissal of an employee on the grounds provided for by law.
For example, for disclosing a secret, access to which is limited by law and so provides for liability - why then consider a violation of the norms of the code of corporate ethics when deciding on the dismissal of an employee?
Currently, there is no judicial practice in which the court would use the fact of violation of corporate ethics as necessary evidence in the case of dismissal of an employee.
The necessary list of evidence in cases of dismissal of employees has long been formed, and if it is available, the employer does not need to be additionally guided in court by a violation of corporate ethics on the part of the employee.
The jurisprudence cited by the author of the article shows that for the dismissal of an employee at the initiative of the employer, various evidence is presented, but not once any information about the violation of corporate ethics is used as evidence, since this is not necessary.
At the same time, the current lack of judicial practice in which a violation of corporate ethics is considered by the court as necessary evidence does not mean that in the future the courts will not be able to take into account this kind of evidence to justify the dismissal of an employee by an employer, but for these purposes, it is likely that labor laws need to be amended.
The conclusion of the author of the article is correct in that the rules of corporate ethics are advisory in nature and cannot be the basis for the dismissal of an employee, but the question remains whether violations of the rules of corporate ethics can become the basis for the application of other disciplinary measures (in addition to dismissal), which seems more realistic .
Natalia Plastinina, head of the legal support sector:
I do not quite agree with the author's conclusion that the rules of corporate ethics are, in fact, rules of conduct and are advisory in nature, and violation of these rules is not a basis for dismissal of an employee. Based on the dispositive norms of the Labor Code of the Russian Federation and the norms of other regulatory acts, the employer has the right to establish at his enterprise both the norms of behavior and the style of clothing (uniforms, for example), and the possibility of smoking in designated and equipped places or a complete ban on smoking. In most cases of violations of the requirements of corporate ethics and business style, as practice has shown, it is best for employers to first apply punishments in the form of a remark, reprimand, and in the event of “accumulation” of penalties, dismiss them in accordance with paragraph 5 of part 1 of article 81 of the Labor Code of the Russian Federation (for repeated non-fulfillment by an employee without valid reasons for work duties, if he has a disciplinary sanction). And the success of the application of such a practice was also proved by the decisions of the courts (see, for example, the decision of the Orenburg District Court of the Orenburg Region dated December 1, 2011 , in which the court concludes that in the actions of the employee there was a violation of the uniform, which is a violation of the rules established by the local regulations of this enterprise).
Despite the fact that employers are more likely to punish employees for inconsistencies in the attire of an employee with a uniform, business style established in the organization, it is also not uncommon for penalties for violation of precisely business ethics. As a rule, the violation consists in the rudeness committed by the employee in relation to the client of the enterprise, incorrect behavior with colleagues. And the courts, in the absence of revealed violations in the procedure for bringing the employee to disciplinary responsibility, find the actions of employers to punish the employee for violating the rules of ethics lawful.
Too often, however, employers make embarrassing mistakes in punishing employees who violate ethical, behavioral, and dress code at work. So, for example, according to the conclusions of the court set out in the decision of the Soviet District Court of the city of Lipetsk dated August 11, 2009 and the determination of the Lipetsk regional court in case No. 33- …/09 , the court concluded that the employee had repeatedly failed to fulfill his labor duties without good reason, which was expressed in unacceptable behavior towards the company's customers and his colleagues. However, due to the fact that the employee allowed such behavior not in the performance of his official duties, and it did not entail negative consequences for the employer as an organization, the court considered the dismissal a disproportionate punishment for the committed violations of ethics and reinstated the employee at work.
It should be noted that the legitimacy of punishing an employee for violating the rules of ethics and style of clothing adopted in the organization will be ensured only if the following conditions are combined:
All requirements of the employer to the ethics of communication, style of behavior, appearance employees must be fixed in local and other acts of the employer, be clear and understandable. The local act must be adopted in accordance with the requirements of labor legislation and properly executed as a document. If these requirements are not met, there will be no grounds for punishing employees, since there will be no offense on the part of the employee. So, for example, due to flaws in the execution of a local act establishing the employer’s requirements for the uniform of workers, the court declared the punishment illegal because of its unreasonableness (see the decision of the Oktyabrsky District Court of the city of Murmansk dated September 2, 2010) .
When bringing employees to disciplinary liability for violation of ethics, it is mandatory to comply with the requirements of Articles 192-193 of the Labor Code of the Russian Federation for the procedure for fixing, investigating misconduct and applying punishment for violation of discipline (including in terms of the adequacy of the applied punishment to the deed). So, from the decision of the Zheleznodorozhny District Court of the city of Yekaterinburg dated November 26, 2010 in case No. 2-3204 / 2010 it follows that, despite the correctness of fixing the requirements of the employer to the appearance of employees, fixing the misconduct of the employee was incomplete, which the court regarded as a violation of the requirements of Article 193 of the Labor Code of the Russian Federation for the procedure for bringing to disciplinary responsibility, and the punishment of the employee was declared illegal.
The punishment must be adequate to the deed, that is, comply with the requirements of Part 5 of Article 192 of the Labor Code of the Russian Federation: when imposing a disciplinary sanction, the severity of the misconduct committed and the circumstances under which it was committed must be taken into account.
Thus, the grounds provided for by paragraph 5 of part 1 of article 81 of the Labor Code of the Russian Federation, which are not listed in the article, in order to punish employees for violating the rules of ethics, are used in practice much more often than, for example, subparagraph “c” of paragraph 6 of part 1 of article 81 of the Labor Code. of the Code of the Russian Federation (disclosure of secrets protected by law (state, commercial, official and other), which became known to the employee in connection with the performance of his labor duties, including the disclosure of personal data of another employee) or paragraph 7 of the first part of Article 81 of the Labor Code of the Russian Federation (for committing guilty actions by an employee directly servicing monetary or commodity values, if these actions give rise to a loss of confidence in him on the part of the employer).
For beginners: breeding a broiler at home Boiled water for broilers
Only lovers will survive
Features of advertising aimed at children
retouching old photos in photoshop retouching old photos
What is an NPO: decoding, definition of goals, types of activities Does a non-profit organization have the right