2025/3/14:
Following this morning’s discussion with Grok/X platform about
Legal compliance
related issues of Department of Government Efficiency(DOGE) of the U.S.
government, Grok also shared the German legal regulations that protect the
rights of their civil servants (from an employee perspective) can receive
salary during dispute litigation or investigation, now I would like to share my
point of view and background of the topic in our discussion for your reference
in company or organizational policies
design or government
legislation.
Below the
shared content has existed in kinds of legal regulation or in the policies of
companies for your reference, they are not my newly created content:
A1.In the legal
regulations, civil servants have the obligation to obey the work instruction of
the superiors, at the same time, the law also enable them to reject those
instructions obviously against
the law/because they are civil
servants, they are familiar with the law and they need to protect it.
A2.In A1’s legal
regulation, when civil servants, for
any reason, reject the work instruction from the superiors, the
superiors are allowed to layoff those civil servants or do any kind of
punishment because of their work instruction disobedience; there are also defined official procedures/procuratorial
organs for those civil servants to do complaints, report, or raise a
lawsuit, however, it needs time to deal with it. In this situation, it has
caused those civil servants need to make
decision by themselves on protecting the law or not👈it is because they
may become unemployed👉 due to their
rejecting those work instructions from their superiors to protect the law/and it
is possible they need to bear the situation of unemployment during the lawsuits
or in the period of the legal review and judgement, the law supports those
superiors can layoff those civil servants though those superiors are obviously illegal.
B1. The newly
established government department (DOGE) found sufficient evidence to support
that the government had wasteful expenditures in the past or there are redundant
staffs in the government, all evidence and opinions support the deletion of the
expenditure budget and layoffs.
B2. The procedures of
establishing the new department (DOGE) were illegal. Therefore, the verification
results of B1 shall not be implemented even if B1 has caused losses to the
treasury of the country no matter how large the amount is, it is because the
procedures of establishing the new department were illegal/this situation is to maintain procedural
justice, and it causes the significant losses to the treasury of the country cannot
be prohibited.
Sharing
idea:
(1) If it is in
the German law situation, it has decreased the salary burden of the civil
servants.
(2) In those
laws of A1 and B1, I suggest it defines the Proviso(But) in law, or, to define
the exception/because no rules are without exceptions:
Example 1 of
the exceptions: According to the law, it can do OOO, however, it doesn’t apply if
there is situation of below A, B,or C….
Example2: The
significance of the reviewing amount, it needs to start from the N%
of OOO.👈 The main reason is that the significance of
the amount may change due to different economic conditions every year.
Example3: The
rule of defining the significance in above item shall be reviewed every N
years, or, in case of OOO situation happens, it shall be defined (take effect)
immediately by ☆☆☆ according
to the amount (OO situation).
(3)The purpose of (1) or (2) above: It
is not only for legal compliance but also to ensure the [highest purpose] of
things must be executed, and it is to implement the laws to empower particular
work power can be exercised, it is to eliminate all the difficulties in
executing the work; the highest purpose may be the national security or
personal safety and people's basic survival rights, legal compliance or
maintenance of justice, treasury resources of the country etc.; the highest
purpose varies from country to country and each company, for your
reference. Thank you!
2022/12/31 remark: there
are 11 outlines mentioned in this article:
1.Purpose, 2. Scope, 3. Role and responsibilities, 4.Level of approval、5. Related work process and reference, 6.Work KPI, 7.Exception management,
8. Operational risk and internal control, 9. Related work documents,
Footer.Proposer and Approver.
I learnt this idea from the
work experience I built when I worked for #PwC,
related information came from our internal work knowledge and templates in
clients side. More than that, the result of my discussion related issue with
peers are included. Regarding 6.KPI and
Proposer and Approver came from my
feedback to the concern raised in policy implementation meetings in companies.
If viewers get any work benefit in this sharing, please forward this
content to more people in need. Thank you.
Hi. This is Emily.
【You could also
go directly to「Start
Here」( below in this page ) to see the “How”】
Preamble：I hope you agree with this idea mentioned in
other articles： it 【doesn’t 】mean a company has no management policies if there is no 【written】 policies, it is just 【no written policies】. In my point of view, the boundaries between having
management policies or not in a company is this company 【has】 or 【has not 】defined rules for their ways of doing things,
rather than changing the way every time they’re doing it.
Thus,【 document】 is a kind of policy. Because everyone needs to input
information in the defined columns, this is the Rule.
「There is no rule
without exception」, some companies
may say it will make doing things rigid if there is policies or rules, when encountering exceptions, there are too
many institutional frameworks need to be considered. However, in my idea：「If there is no rules/policies, all the things
are exceptions」. The ways of doing the same 1 thing will differ
from habit, personality or experience of persons who is doing it and causes the
results difference and its uncertainty, sometimes it causes delay or loss with
bigger potential risk. My approach is to define 「If there is exception, please contact…」, or, 「If the supply cannot be fulfilled within 72 hours, please call to report…」 etc., add the flexibility into description in policies, it decreases the
gap between work practice and ideal management work result. It is also advised
to have employees/policy users’ opinion in policies development and update
periodically; we will discuss this situation in another article. And, the
management team in the company is surely to have the final approval power to
decide the policies be implemented or not, because, the policy has the
influence on operation work result, they need to be responsible for the Board
and shareholders, and more than that, the social responsibilities (includes but
not limit to those people can imagine, such as employees, suppliers and
customers etc.).
「Start
Here」
How to 【write/build】- > It is surely not using calligraphy or reinforced cement.(😆😆😆)
Here is the【Group Central
Procurement Policy(please click here)】for your
reference about the policy content, I use it as an example for below my
explanation about the way to design policies.
In addition, language used in policy design
is frequently discussed in MNCs, and my suggestion is use the one the Policy
Users mostly familiar with. Because, the policy is built for users for work
compliance not only for building it up. Internal
or external language translation time and monetary cost are bound to occur.
There are also 3 kinds of exceptions：1. There is 100% possibility the global MNC
will hire talents who are fluent
in their official language. 2. Group policy training skill is very strong, trainers
who can speak various languages knows the policy content first. 3. The company
doesn’t think the language used in the policies will affect its implementation.
Thanks:
There are 11 paragraphs in【Group
Central Procurement Policy】：
Header, 1. Purpose, 2.
Scope, 3. Role and responsibilities, 4.Level of approval、5. Related work process and reference, 6.Work KPI, 7.Exception management,
8. Operational
risk and internal control,
9. Related work documents, Footer.Proposer and Approver；below is explanation of the colored
section/paragraph, please comment if there is something not clear.
Header：the most
importance is to list「Policy Owner」, 「Q&A Meeting Minute」 and check the required 「New-hired
training」 in this section.
Policy Owner：the purpose is to provide contact information for policy
users inquiry. Policy Owner is defined in「Policies, what to
write, by whom? 20080001
(please click here)」, it is the department responsible for
defining the rule of doing things, policy definition is one of their work
rights and obligation.
Q&A Meeting Minute：the purpose is to reinforce the
appropriateness of the policies and cross functional participation. Before policies announcement, Policy
Owner needs to hold a discussion meeting to allow Policy Users and other
related work departments having the opportunity to raise questions; the questions
may involve unclear description in wording, difficulty in policy performing and
reasons for doing things in some way…etc. of all aspects, Policy Owner needs to
explain and answer the questions, though it may need more than 1 time meeting
to solve anything not clear, and Policy Owner also needs to make final
conclusion and file the meeting minute for policy update or revision in the
future, and for finding answers if there is questions from the new-hired,
however, Policy Owner’s answer should be based on the purpose of「management」 rather than
「work behavior preference」. For example：there is a company, the Product Department(Policy
Owner) defines that only Product Department and Accounting Department are
allowed to access product cost information.
-
Sales Department(Policy User) would ask：it will cause difficulty for sales
negotiating sales price with clients. Why Sales Department is not allowed to
know product cost?
-
Product Department(Policy Owner)’s answer：there is strong relation between our product
and brand value, we need to avoid anything to cause low-price competition or
sale. Product Department will also define Sales Discount Rule for Significant
Sale Volume program for your question. Thank you.
-
Finance Department( Related Work Department) (Control Demand)：if sales
discount for clients be a kind of normal sales term, it changes our clients’
credit assumption when we review their credit limit in the beginning, thus,
please add Payment In Advance in your discussed sales discount related rule.
Thank you!
New-hired training：the scope is
divided into for Group, for Company and for Department. The purpose is to avoid
the new-hired not knowing what policy they need to follow. For instance：a policy is
announce on 2022/2/1 but a new-hired is on board on 2022/6/1, in this
situation, it relies on the Training Department to arrange new-hired
orientation by its scope ( Group, Company or Department ) and make the
announced policy included. And, usually, after this training program is
performed, the new-hired is asked to sign a kind of acknowledgement saying they
‘ve already known their work related responsibility and things they need to
comply with, if someday they disobey some rule and will be punished, the
employees cannot say they don’t know the related work rule or policy, e.g.
Business Information Confidentiality Management Policy.
To sum up, thus, generally speaking, management policy
announcement procedures is as below workflow for your reference：
-
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