Licks Attorneys' Government Affairs & International Relations Blog

Doing Business in Brazil: Political and economic landscape

Licks Attorneys' COMPLIANCE Blog


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Regardless of whether an employee is hired under an employment contract or just by signing in the employment and social security card, his / her initial duty of loyalty to the company is not challenged, which after all, pays his / her compensation for their services and waits in return for his / her commitment to the development of the corporation's business.

Thus, if the employee uses his / her position for some personal benefit, notwithstanding his / her duty to defend the business, he / she will be incurring a serious conflict of interest, which may not only cost his / her job, but also responsibility for possible financial losses or even damages to the company's image and reputation.

It is true that when someone applies to a recruitment and selection process, one of the main attractive reasons is the perception of the company's organizational climate. Spending 8 hours a day within an organization makes it imperative to have a great work environment, under penalty of work experience becoming a daily nightmare.

However, human relationships are a pandora's box, in the sense that reactions from side to side are unpredictable under certain circumstances and under pressure. People cultivate different values, exhibit different personalities and nurture different degrees of ambition and vanity.

The problem is when fate puts you in a situation where you need to make a decision between being loyal to the company or being loyal to your boss. And do not think that this situation is rare, because it is not…. not always the best company decision is to your boss's liking. And sometimes your boss's best decision will not always liked by the company. To whom to devote loyalty: to the company or the boss?

The answer is simple, although the consequences can be complex. You may think that I would concisely reply that your loyalty should be devoted to the company, as it pays you and therefore expects you to be committed to returning the best possible quality of service. But I don't think that way!

Despite a company having a compliance program and an implemented compliance culture, cultivating noble corporate values is led by human beings, whose values ​​and motivations for decision-making may contradict the above noble corporate values. This situation can even lead to an opposition of your leadership in the face of such a situation.

Otherwise, it may happen that your boss, due to equally diverse values ​​and motivations, may adopt a position that conflicts with the company's noble corporate values.

Therefore, the recommendation is to do the right thing! Devote your loyalty to the side that acts right ... to what is right, according to your understanding. This is not always easy as such a behavior can have consequences that can reach the termination of your employment contract. However, your omission when it is possible, will tend to make your daily work routine unbearable.

If your company has a serious policy of non-retaliation, an alternative is to report the situation so that the company can take corrective actions to resolve the internal problem.

However, if the cause of the internal problem is the owner of the company or its top manager, it will probably not be up to you to rethink the alternative of going to the market and looking for a healthier and more wholesome situation.

The need for remuneration at the end of the month to cover expenses and the convenience of being able to count on a fixed amount to plan your expenses can be a big obstacle for you to make the best decision. However, there is life outside your company! And there are other companies as good or better than yours needing a professional with your qualifications.

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