7 November 2011

BUSINESS RIGHTS


This week’s theme is your rights in business. Many people assume they know their rights. They believe that because they have a moral code which they live by automatically applies to the business world. Unfortunately, the world of business is full of shadows with sinister  people lurking around many corners. The road to riches is not very well lit!
I am, by no means, a legal professional, neither do I offer legal advice. However, I do suggest you take legal advice on matters before proceeding into new ventures. It is a sad truth that the more laws there are, the more criminals there are too. And also more opportunities for people to break the law. The legal system upholds the letter of the law instead of  the spirit of the law. Personally, it would be easier to adjudicate on the spirit of the law and get the right conviction for the right reason to the right person. However, this is not the reality.
The reality is we are left in the dark to explore the minefield that is the legal system. Furthermore, ignorance of the law is not an excuse for transgression of any law. The law is deliberately kept mysterious and known only to a few, upheld by a few and made by a few. So it is no surprise that many people find themselves on the wrong sided of the law in business. From employment to international trade, every contract is open to manipulation. It is a mistake to think the  other party has the same intentions as you. The modern world is increasingly driven by a “what’s in it for me?” attitude, and many will seek to use you in order to get it. A popular phrase “it’s nothing personal, it’s only business” will ring in many people’s ears.
Too many adopt a win-lose business model. In this model the legal vultures are always at the ready too swoop down and pick over the bones of the loser. I am of the opinion that all business should be win-win. If both parties are not getting a benefit from the transaction then it should be abandoned. And the gain does not have to be financial either. The beauty of business  is that more than money is involved. The win-lose model goes for maximum profit from the minimum price. It’s about satisfying the shareholders as opposed to the stakeholders. It’s the “what’s in it for me?” syndrome. The win-win model takes the view “how can we all benefit?” it’s an outward=looking model that has the benefit of keeping the legal vultures at bay.
The win-lose model is one where you have to know your rights. It’s a minefield, and sooner or later you will get caught out. The win-win model is la relaxing barbecue with friends. Business should be fun, it should be enjoyed by all involved. It should be honest. It  should be free of litigation and counter-litigation. And it can be when the right approach is adopted from the outset. 

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