Employment Opportunities

 

This section forms part of GIACC’s overall guidance on gifts, hospitality, entertainment, donations and other benefits.  It gives specific guidance on dealing with the corruption risk in relation to where the organisation is considering providing employment opportunities which could be corrupt or be perceived to be corrupt.

Separate sections deal with the corruption risk in relation to other categories of benefit.  These other sections can be accessed on the following links:

 

 



What are employment opportunities?

Employment opportunities in the context of the organisation’s benefit controls are where the organisation offers employment to someone closely connected with a client employee or relevant public official.  This connection will normally be a family relationship or close friendship.

The employment opportunity could be considered to be a bribe if it is given or received with the intention of influencing someone to act improperly, or as a reward for having acted improperly.

The opportunity may be offered as a result of a fair competition between several candidates, and the fact that the person who is offered the post is closely connected to a client employee or a public official may be a coincidence.

Alternatively, a public official or client employee with decision making authority over the organisation’s business may request that the organisation grant a position to a member of their family or friend.  This request may not be in return for any special favours.  Alternatively, it may be expressly in return for favours, or the client employee or public official may unconsciously favour the organisation.

 

 

What types of employment opportunities are not likely to be regarded as corrupt?

The following are examples of where the offering by the organisation of employment to someone closely connected with a client employee or public official is not likely to be regarded as corrupt:

  • The candidate applied in competition with other candidates, and was selected on merit, and the relevant client employee or public official has no decision making function in relation to the organisation.
  • The connection between the parties is not sufficiently close to raise concerns.  For example, the candidate may know, either socially or through business, the client employee or public official, but there is insufficient close connection between them to raise concerns.



What types of employment opportunities are more likely to be regarded as corrupt?

The following is an example of where the offering by the organisation of employment to someone closely connected with a client employee or public official is more likely to be regarded as corrupt:

 

  • A public official who is about to decide on a major tender for which the organisation is competing requests that the organisation offers employment to a family member of the official.

 

Guidelines for employment opportunities

The following are recommended controls, and some factors to be taken into account in implementing these controls. 

 

  • If the offering by the organisation of employment opportunities to someone closely connected with a client employee or public official is prohibited by the organisation, then state the prohibition in the organisation’s policy.
  • Consider the intention behind the offer of employment.  If it could be intended to influence someone to act improperly, it should not be offered.
  • Consider the perception.  Do not offer the employment if it could reasonably be perceived to be corrupt.  There are two common perception tests: 

    • “Newspaper test”.  Would a newspaper be likely to report the employment, and, if a newspaper did report, what would the public perception be? 
    • "Prosecutor test”.  If the employment did lead to a corrupt outcome, with the result that a prosecution takes place, how would you explain the employment in court to a prosecutor?  Would your explanation be plausible to the judge or jury? 
  • The organisation should not offer any employment without complying with the organisation’s formal employment procedures (see Employment Procedures).  As part of these procedures, the organisation should take reasonable steps to ensure that:

    • the position is commercially necessary for the organisation;
    • the position is awarded on merit after an appropriate competitive process with other candidates; and

    • any close connection between the employee and any client employee or public official is identified and considered:

      • if the connection is such that it raises corruption concerns, the employment should not be offered;
      • if the connection is unlikely to raise corruption concerns, then the employment can be offered, provided that appropriate controls are in place and the situation is appropriately monitored.



Sample benefits policy

 

See Benefits Policy for a sample policy which includes employment opportunities which an organisation can adapt and use.

 



Guidance on other types of benefits

 

Separate sections deal with the corruption risk in relation to other categories of benefit.  These other sections can be accessed on the following links:



Page first published on 19th January 2016

 

 

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