y Laura Serra Nova<strong>Ethics</strong> in the workplace:The Dominican Republicperspective»»In addition to the concerns <strong>and</strong> conflicts that arise during the hiring process, companies may overlook compliance management.»»Current laws in the Dominican Republic allow companies to establish internal manuals <strong>and</strong> procedures, as well as codes <strong>of</strong> ethics.»»Procedural justice has played an important role in establishing ethical st<strong>and</strong>ards, however, the perception required to implementsuch st<strong>and</strong>ards needs to be shifted in the right direction.»»State must set an example in order to mitigate the “produce-at-all-cost” mentality in the country.»»Great efforts have been made by the public <strong>and</strong> private sector to have an ethical business environment.<strong>Compliance</strong> & <strong>Ethics</strong> Pr<strong>of</strong>essional May/June 2013<strong>Compliance</strong> is an untapped concept inthe Dominican Republic, mainly dueto the confusion this innovative area<strong>of</strong> expertise supposes. Companies usuallyinterlink the legal functions with the tasks thatought to be the responsibility <strong>of</strong> a compliancepr<strong>of</strong>essional, thus resulting in theincorrect allocation <strong>of</strong> positions <strong>and</strong>resources, <strong>and</strong> overlooking those withexperience in the field.The concerns <strong>and</strong> conflicts withinthe hiring process are one thing;another is the infrequently discussedSerra Nova area <strong>of</strong> compliance management <strong>and</strong>how it affects employment ethics ineveryday life. The Labor Code <strong>and</strong> regulationsrelating to the rights <strong>of</strong> employees are usedto reflect some sort <strong>of</strong> corporate environmentthat eludes the written values <strong>and</strong> ethics manuals,previously considered almost a norm.Intrinsically linked are the failed nationalefforts <strong>of</strong> a few to amend <strong>and</strong> built a strongerchange to ignite a growing society towardsadapting to a globalized economic crisis <strong>of</strong>human values. It is evident in the internalchallenges faced both by employees whomanage their personal assets <strong>and</strong> employers inthe management <strong>of</strong> their assets.The current legislation in the DominicanRepublic allows companies to establish internalmanuals <strong>and</strong> procedures or a code <strong>of</strong> ethicswhere ethical values are promoted to employees.The manuals can be registered with theMinistry <strong>of</strong> Labor for its approval (under articles129 to 134 <strong>of</strong> the Dominican Code <strong>of</strong> Labor)before the Institutional <strong>Ethics</strong> Committee thatfunctions under the supervision <strong>of</strong> the DirecciónGeneral de Ética e Integridad Gubernamental(General Directorate <strong>of</strong> <strong>Ethics</strong> <strong>and</strong> GovernmentIntegrity). As respectable as this is, the future <strong>of</strong>compliance in the Domincan Republic shouldinclude a set <strong>of</strong> rules that make it m<strong>and</strong>atoryto establish a code <strong>of</strong> compliance <strong>and</strong> ethics,approved by the Ministry, that furthers realconsequences for violations.So far, procedural justice would step in toestablish the ethical st<strong>and</strong>ards that guide thepractice <strong>of</strong> everyday tasks, but it is people’sperception <strong>of</strong> what is to be considered thecorrect approach for a given situation thattends to prevail. When the questionable activityby an employer or employee involves66 www.corporatecompliance.org +1 952 933 4977 or 888 277 4977
www.corporatecompliance.orgpr<strong>of</strong>essional incompetence that affects performance,it directly affects the company <strong>and</strong>may constitute a serious risk that cannot beleft for tribunes to resolve after the businesshas demised. The most important aspect <strong>of</strong>conflict resolution, aside from protecting theparties’ rights, is respecting dignity <strong>and</strong> valuingthe individual in the process <strong>of</strong> aiming fora preventive method, as opposed to a defensemechanism, that preserves dignity <strong>and</strong> createsan atmosphere <strong>of</strong> trust <strong>and</strong> mutual respect.The key inference here is respect towardsthe parties involved <strong>and</strong> the role that theState plays when establishing the rulesthat must be followed. I would say that thesame values that are presented there shouldencourage employers in their interactionwith their employees. I can proudly say thatthe President elected has taken matters inhis own h<strong>and</strong>s to set an example, making itm<strong>and</strong>atory for all ministers to sign a Code<strong>of</strong> <strong>Ethics</strong> <strong>and</strong> Conduct in August this year(for further information refer to http://www.listin.com.do/la-republica/2012/8/23/244585/Presidente-y-la-Vice-firman-Codigo-Etica).Further analysis must be made in orderto have a more accurate data in this regard,nonetheless experience states that whether acompany acts in an ethical manner or not is nota significant factor at the moment for the averageDominican’s willingness to work for anemployer. Jobseekers have other priorities, suchas the need to work <strong>and</strong> provide for their families.Hopefully, this is about to change with thenew measures being held at all levels. There is aconsiderable percentage <strong>of</strong> people who aspire togain experience from a leading provider <strong>of</strong> governance,ethics, <strong>and</strong> compliance management<strong>and</strong> have conducted themselves in such a waythroughout their pr<strong>of</strong>essional life.Regardless <strong>of</strong> the challenges that we face,great efforts have been made by both public<strong>and</strong> private entities to move towards a greaterethical “well being.” And despite the cultureimbalance <strong>of</strong> roles <strong>and</strong> duties, privileges,<strong>and</strong> responsibilities latent in what is sociallyapproved, (described in Robert Lowie’s bookCulture <strong>and</strong> Ethnology 1 ) it is my opinion that ourethical future is bright. ✵Laura Serra Nova (info@legauxinternational.co.uk) is a Registered Consultantfor MMRN, Legal Consultant – <strong>Compliance</strong> Pr<strong>of</strong>essional <strong>and</strong> JudiciaryInterpreter with Legaux International in Santo Domingo, Dominican Republic.1. Robert H. Lowie: Culture <strong>and</strong> Ethnology. Basic Books Inc., 1967.Advertise with us!<strong>Compliance</strong> & <strong>Ethics</strong> Pr<strong>of</strong>essional is a trusted resource for compliance<strong>and</strong> ethics pr<strong>of</strong>essionals. Advertise with us <strong>and</strong> reach decision-makers!For subscription information <strong>and</strong> advertising rates, contact Liz Hergert at+1 952 933 4977 or 888 277 4977 or liz.hergert @ corporatecompliance.org.<strong>Compliance</strong> & <strong>Ethics</strong>May/June2013 Pr<strong>of</strong>essionalA PUBLICATION OF THE SOCIETY OF CORPORATE COMPLIANCE AND ETHICSMeetMichael MillerExecutive Director for <strong>Ethics</strong><strong>and</strong> <strong>Compliance</strong>, Aerojet,Sacramento, CASee page 14SCCE’s magazine is published bimonthly <strong>and</strong> has a current distribution <strong>of</strong>more than 3,000 readers. Subscribers include executives <strong>and</strong> others responsible for compliance:chief compliance <strong>of</strong>ficers, risk/ethics <strong>of</strong>ficers, corporate CEOs <strong>and</strong> board members, chieffinancial <strong>of</strong>ficers, auditors, controllers, legal executives, general counsel, corporate secretaries,government agencies, <strong>and</strong> entrepreneurs in various industries.25Seven strategiesfor preventing usersfrom hoardingdocumentsMark Diamond33You’veidentified acorporate risk—what next?C. J. Rathbun41Mind the gap!Where corporatepolicy <strong>and</strong> socialmedia meetSteve Carr47Political activity compliance:A complex but necessarysubject for compliancepr<strong>of</strong>essionalsScott Stetson<strong>Compliance</strong> & <strong>Ethics</strong> Pr<strong>of</strong>essional May/June 2013+1 952 933 4977 or 888 277 4977 www.corporatecompliance.org 67