This section forms part of GIACC’s overall guidance on gifts, hospitality, entertainment, donations and other benefits (“Benefits”). It gives specific guidance on dealing with the corruption risk 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:
See Benefits Policy for a sample policy which an organisation can adapt and use.
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 employment opportunity may be offered by the organisation to a person 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.
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 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:
The organisation should implement effective controls over employment opportunities, so as to minimise the risk that an employment opportunity could be corruptly given, or be perceived to be corruptly given.
The following are some recommended controls which are designed to avoid corruption in relation to employment opportunities, 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 wholly or partially prohibited or restricted by the organisation, or by law, then state the prohibition or restriction in the organisation’s policy.
If the employment offer could be intended to influence someone to act improperly, it should not be offered.
Do not offer the employment if it could reasonably be perceived to be corrupt. There are two common perception tests:
The organisation should not offer any employment without complying with the organisation’s formal employment controls (see Employment Controls). As part of these controls, the organisation should take reasonable steps to ensure that:
Updated on 10th April 2020