REPUBLIC OF RWANDA

ULK POLYTECHNIC INSTITUTE

P.O. Box 2280 KIGALI
Website://www.ulkpolytechnic.ac.rw
E-mail: polytechnic.institute@ulk.ac.rw

ENTREPRENEURSHIP AND ENGINEERING ETHICS

By

Mr.BIBAKUMANA GRATIEN
Table des matières
Chapter I. Introduction and Definitions .................................................................................... 3
I.0. Introduction ...................................................................................................................... 3
I.1. Concepts and definitions .................................................................................................. 3
Ethics and Morality............................................................................................................. 3
I.2. History and philosophical foundations of moral and ethics ............................................. 5
Chapter II. Engineering ethics.................................................................................................... 9
II.1. Engineering Profession ................................................................................................... 9
II.2. Codes of Ethics ............................................................................................................. 10
II.3. Typical Engineering Ethics Code Principles ................................................................ 12
II.4. Establishment of Codes of ethics .................................................................................. 17
II.4. Some behaviors an engineer must mostly avoid: ......................................................... 18
II.4.1. CONFLICTS OF INTEREST ................................................................................ 18
II.4.2. CORRUPTION ...................................................................................................... 19
II.5. Making an ethical decision ........................................................................................... 23
Chapter III. Employment Contract........................................................................................... 30
III.1. Definition and characteristics ...................................................................................... 30
III.2. Different types of employment contract ...................................................................... 30
III.2.1. Open-ended employment contract ........................................................................ 30
III.2.2. Fixed term contract ............................................................................................... 30
III.3. Particular types of employment contract ..................................................................... 30
1. Probation employment contract................................................................................. 31
2. Apprenticeship contract ............................................................................................. 31
3. Internship contract ..................................................................................................... 31
III.4. Obligations of the parties on the employment contract ............................................... 32
III.5. Suspension of an employment contract and its reasons .............................................. 33
III.6. Termination of employment contract .......................................................................... 33
Bibliography............................................................................................................................. 37
Course description and goals:
This course is an introduction to engineering ethics, which stresses analytical reasoning and
emphasizes clear thinking regarding the application of professional ethical codes to specific
cases. Our particular focus will be on some ethical codes but we will also look at the
professional codes of other professional engineering organizations. In addition, we will briefly
survey some of the major ethical theories proposed by philosophers.
By the end of this class, you will understand what it is like to think systematically and
analytically about particular ethical dilemmas. You will improve your ability to
clearly express and support your thoughts on ethics as well as analyze and criticize the
ethical thinking of others.
The overall goal is to gain familiarity with professional ethical codes and different
philosophical approaches to ethics such that you can apply both to specific cases that might
arise in an engineering career.
Prerequisite
This course does not need any prerequisite.
Course organization (….hours)
Chapter I. Introduction and Definitions

I.0. Introduction
Ethics is the study of the characteristics of morals, and involves the moral choices made by
individuals as they interact with other persons. Engineers need to be aware of ethics as they
make choices during their professional practice of engineering.
ETHICS are the rules of personal behavior accepted by society. Ethics are also known as a
“code of conduct.” Our personal values contribute to the strength of our ethics with positive
behaviors and positive attitudes.

I.1. Concepts and definitions

Ethics and Morality

In ordinary language, we frequently use the words ethical and moral (and unethical and
immoral) interchangeably; that is, we speak of the ethical or moral person or act. On the other
hand, we speak of codes of ethics, but only infrequently do we mention codes of morality.
Some reserve the terms moral and immoral only for the realm of sexuality and use the words
ethical and unethical when discussing how the business and professional communities should
behave toward their members or toward the public. More commonly, however, we use none
of these words as often as we use the terms good, bad, right, and wrong. What do all of these
words mean, and what are the relationships among them?
The distinction between the terms ethics and morality is not always clear. Even in some
philosophical texts both are used synonymously, while others seem to draw a clear
distinction between them. Historically, the term ‘ethics’ comes from Greek ethos which
means the customs, habits and mores of people. ‘Morality’ is derived from Latin mos, moris
which denotes basically the same; it was introduced by Cicero as an equivalent to the Greek
ethos.
For the sake of clarity we assume as a standard definition that morality means the
customs, the special do-s and don't-s that are shared and widely accepted as standard in a
society or community of people accepted as a basis of life that doesn't have to be rationally
questioned. Ethics on the other hand is the philosophical reflection upon these rules and ways
of living together, the customs and habits of individuals, groups or mankind as such. This
comes close to the conception of Aristotle.
Today, ethics is subdivided into three sub-branches: 1. Descriptive ethics, 2. Metaethics and
3. Normative ethics:

1. Descriptive ethics aims at empirically and precisely mapping existing morality or

moralities within communities and is therefore linked to the social sciences. Another aim
is to explain the development of existing moralities from a historical perspective. No
normative prescriptions are intended.
2. Metaethics is a relatively new discipline in the ethical arena and its definition is the most
blurred of all. The Greek meta means after or beyond and indicates that the object of
metaethical studies is morality and ethics itself. The aim is to better understand the logical,
semantic and pragmatic structures of moral and ethical argumentation as such, their origin and
meaning. Other fields of inquiry are e.g. whether morality exists independently of humans,
and the underlying mental basis of human judgements and conduct.
3. Normative ethics means the methodological reflection upon morality tackling its critique
and its rationale. Norms and standards for acting and conduct are being set up or tore down,
and argued for or against. When “ethics” is talked about in a common sense then we are
talking about this general normative ethics. When enquiry is directed towards the principles
of moral judgement or the criteria for the ethical analysis of morality, then we talk about
fundamental ethics.
Finally in the realm of normative ethics, there is applied ethics. Here normative theories are
applied to specific, controversial moral issues like animal rights, abortion, euthanasia, etc;
generating the classic so-called hyphen-ethics, e.g. bio-ethics, medical-ethics, business-
ethics, Nano-ethics etc.
Inversely, these special issues constantly challenge theory and demand improvements,
changes and specifications.
Alongside hyphen-ethics it is also possible to distinguish between ethics that focuses on
societal and institutional dimensions (social ethics) or on the individuum (individual ethics).
 Furthermore, in normative ethics there are different theories as to how criteria of moral
conduct should be defined. The three main theories can be sketched as follows:
1. Deontological, i.e. duty theories locate the basis of morality on specific, foundational
principles of duty and obligation. These principles are binding regardless of the
consequences that acting on their basis might bring.
2. Consequentialist theories on the other hand determine the value of an action on the
grounds of a cost-benefit analysis of its con-sequences. If the positive consequences
outweigh the negative ones then the action is morally proper.
3. Virtue theories focus on a given set of rules like “do not steal” etc. But instead
of defining them merely as obligatory duties, the emphasis lies on the individual to
develop good habits of character based on these rules (and avoid vices). Thus
virtue theory emphasizes moral education.

I.2. History and philosophical foundations of moral and ethics

Since the time of the early Greeks and Hebrews, humanity has been reflecting on the
principles and problems of right and wrong. Ethical thought has been expressed in many
forms. Teleological ethical theories are those that judge conduct as right or wrong in
relationship to some end or goal considered good. Some that have been influential and that
have persisted include the writings about pleasure such as those of Epicurus; the philosophy
of Kant, the ablest representative of principles of duty and obligation; John Stuart Mill, the
outstanding proponent of utilitarianism; and Plato, the supreme humanist. Other standards
have stressed civil law, self-realization, or religious ideals.

The doctrine that pleasure or happiness is the greatest good in life has been known by three
labels: hedonism, Epicureanism, and utilitarianism. The first of these is derived from the
Greek word for “pleasure”; Epicureanism is named for Epicurus an early Greek exponent of
the pleasure theory; since the time of Jeremy Bentham (see biography and except, pp. 124–
125) and John Stuart Mill in the nineteenth century, the term utilitarianism has been used.
According to John Stuart Mill (1806-1873), utilitarianism “accepts as the foundation of
morals, Utility, or the Greatest Happiness Principle, which holds that actions are right in
proportion as they tend to promote happiness, wrong as they tend to produce the reverse of
happiness.” Mill accepted the general position of Jeremy Bentham (1748–1832), who used the
phrase “the greatest happiness of the greatest number.” Bentham asserted that nature has
placed humans under the guidance of two masters, pleasure and pain.
Humans are “pleasure-seeking, pain-avoiding” creatures. Bentham stated his theory in
quantitative terms and hoped to establish utilitarian ethics on a strictly scientific basis. In
answering the criticisms directed against Bentham’s position, Mill modified the position and
added some new elements. The most important change that Mill made in utilitarianism was to
add a qualitative standard. Human beings with refined faculties are not satisfied with the
pleasures of the body; they seek the higher pleasures of the mind. The pleasure of the
intellect, of feelings and imagination, and of the moral sentiments has a higher value than the
pleasures of sensation.
Mill vigorously defended utilitarianism against the charge that it encourages selfishness. He
maintained that the good of all, or the greatest happiness of the greatest number, must be the
standard of what is right in conduct. Because we live in an unjust society, some have to
sacrifice themselves for the happiness of others. Such sacrifice is not an end in itself; it is a
means to the greater happiness of a larger number of people. Although all people may not
actually seek happiness, they ought to do so. To promote not individual pleasure but the
greatest total happiness is the essence of Mill’s position.
One of the great systems of ethics was formulated by Immanuel Kant (1724–1804). Kant’s
moral philosophy is some-times called formalism, because he was looking for moral
principles that are inherently right or wrong apart from any particular circumstances. These
moral principles, or laws, according to Kant, are recognized immediately or directly as true
and binding. This approach, in contrast with the teleological theories (sometimes referred to
as “consequentialist” because of their emphasis on ends or results), is one representative of
normative ethical theories called deontological. Deon is the Greek word for “duty.” Both the
Judeo-Christian ethic and that of Kant primarily emphasize duty and obligation.

According to Kant, moral philosophy is properly concerned not with what is, but with what
ought to be. Each of us possesses a sense of duty, the “I ought,” or the moral law, which is
logically prior to experience and which springs from our inner-most nature. The moral law
brings us into contact with the order of the universe itself, because the laws of nature and the
laws of reason are essentially one.
Next to the moral law, or the sense of duty, Kant emphasized the good motive, or the good
will, as central. “Nothing can possibly be conceived in the world, or even out of it, which can
be called good without qualification, except a Good Will.” Intelligence and courage are
usually good, but they may be used to promote evil.
Happiness may be gained in ignoble ways: we may contribute to charity because we want
publicity or lack the courage to refuse requests. The good will is the dutiful will, which acts
solely out of respect for the principle of duty. If an individual acts from a good motive, the act
is good regardless of the consequences. Kant did not say that consequences are not to be
considered or that they are unimportant; he did say that the moral quality of the act is not
determined by the consequences.
If the will or the motive is governed by reason and not by mere desire, it is absolute and
unconditional that is, obeying it is one’s duty, admitting of no exceptions. This call to duty
that comes from within is the moral law, or, to use Kant’s phrase, “the categorical
imperative.” He gives us three criteria, or formulations, of the moral law.
The Principle of Universality: “Act in conformity with that maxim, and that maxim only,
which you can at the same time, will to be a universal law.” Actions should spring not from
desires or inclinations but only from principles that can be universalized. Kant uses the
example of the man who, after a series of misfortunes, contemplates suicide. When he
attempts to universalize such behavior, he realizes at once that it cannot be approved. If
everyone were to commit suicide, it would lead to the elimination of humanity. Kant
universalized the general type of conduct and not the particular act under particular
circumstances. The latter interpretation might lead to extreme laxness; the former leads to a
rigorism that admits few if any exceptions to moral principles.
The Principle of Humanity as an End, Never as Merely a Means: “Act so as to use
humanity, whether in your own person or in the person of another, always as an end, never as
merely a means.” This principle has received more wide-spread approval than any other part
of Kant’s moral philosophy. People, as rational beings, are ends in themselves and should
never be used merely as means to other ends. We may use physical things as means, but when

we use people simply as means, as in slavery, prostitution, or commercial exploitation, we

degrade them and violate their innermost beings as people.
The Principle of Autonomy:
Chapter II. Engineering ethics

Engineering ethics will be defined as the rules and standards governing the conduct of
engineers in their roles as professionals.

II.1. Engineering Profession

Definition of Profession
An early meaning of the term profession referred to a free act of commitment to a way of life.
When associated with the monastic vows of a religious order, it referred to a monk’s public
promise to enter a distinct way of life with allegiance to high moral ideals.
Profession is defined as any occupation/job/vocation that requires advanced expertize (skills
and knowledge), self-regulation, and concerted service to the public good. It brings a high
status, socially and economically. The characteristics of a profession are:
1. Advanced expertize: many professions require sophisticated skills (do-how) and
theoretical knowledge (know-how and why). Formal education, training, continuing
education, updating are needed.
2. Self-regulation: professional societies play important role in setting standards for
admission to profession, drafting codes of ethics, enforcing standards of conduct, and
representing the profession before the public and the government.
3. Public good: the occupation provides some important public good, by concerted
efforts to maintain ethical standards. For example, a physician promotes health, a
lawyer protects the legal rights, an engineer provides a product or a project to use by
the public towards their health, welfare and safety.

Professional ethics is the set of standards adopted by professionals insofar as they view
themselves acting as professionals.
Why engineering ethics?
Engineering is an important and learned profession. As members of this profession, engineers
are expected to exhibit the highest standards of honesty and integrity. Engineering has a
direct and vital impact on the quality of life for all people. Accordingly, the services provided
by engineers require honesty, impartiality, fairness, and equity, and must be dedicated to the
protection of the public health, safety, and welfare. Engineers must perform under a standard
of professional behavior that requires adherence to the highest principles of ethical conduct.

II.2. Codes of Ethics

The Code of Ethics is a basic guide to professional conduct and imposes duties on the
practicing professional engineer, with respect to:
 society;
employers;
clients;
colleagues, including employees and subordinates;
the engineering profession; and
himself/herself.
A code of (professional) ethics generally appears when an occupation organizes itself into a
profession. Usually, the code is put in writing and formally adopted.
The codes exhibit the following essential roles:
1. Inspiration and guidance. The codes express the collective commitment of the profession
to ethical conduct and public good and thus inspire the individuals. They identify primary
responsibilities and provide statements and guidelines on interpretations for the professionals
and the professional societies.
2. Support to engineers. The codes give positive support to professionals for taking stands on
moral issues. Further they serve as potential legal support to discharge professional
obligations.
3. Deterrence (discourage to act immorally) and discipline (regulate to act morally).
The codes serve as the basis for investigating unethical actions. The professional
societies sometimes revoke membership or suspend/expel the members, when proved to
have acted unethical. This sanction along with loss of respect from the colleagues and the
society are bound to act as deterrent.
4. Education and mutual understanding. Codes are used to prompt discussion and reflection
on moral issues. They develop a shared understanding by the professionals, public, and the
government on the moral responsibilities of the engineers. The Board of Review of the
professional societies encourages moral discussion for educational purposes.
5. Create good public image. The codes present positive image of the committed profession to
the public, help the engineers to serve the public effectively. They promote more of self-
regulation and lessen the government regulations. This is bound to raise the reputation of the
profession and the organization, in establishing the trust of the public.

6. Protect the status quo. They create minimum level of ethical conduct and promote
agreement within the profession. Primary obligation namely the safety, health, and welfare of
the public, declared by the codes serves and protects the public.
7. Promotes business interests. The codes offer inspiration to the entrepreneurs, establish
shared standards, healthy competition, and maximize profit to investors, employees, and
consumers.

Limitations: The codes are not remedy for all evils. They have many limitations, namely:
1. General and vague wordings. Many statements are general in nature and hence unable to
solve all problems.
2. Not applicable to all situations. Codes are not sacred, and need not be accepted without
criticism. Tolerance for criticisms of the codes themselves should be allowed.
3. Often have internal conflicts. Many times, the priorities are clearly spelt out, e.g., codes
forbid public remarks critical of colleagues (engineers), but they actually discovered a major
bribery, which might have caused a huge loss to the exchequer.
4. They can not be treated as final moral authority for professional conduct. Codes have flaws
by commission and omission. There are still some grey areas undefined by codes. They can
not be equated to laws. After all, even laws have loopholes and they invoke creativity in the
legal practitioners.
5. Only a few enroll as members in professional society and non-members can not be
compelled.
6. even as members of the professional society, many are unaware of the codes
7. Different societies have different codes. The codes cannot be uniform or same! Unifying
the codes may not necessarily solve the problems prevailing various professions, but attempts
are still made towards these unified codes.
8. Codes are said to be coercive. They are sometimes claimed to be threatening and forceful.

II.3. Typical Engineering Ethics Code Principles

Here are some typical engineering ethics code principles that should guide engineers and
technicians in achieving the high ideals of professional life”, and which express the beliefs
and values of the profession:

 Accuracy and Rigour

Professional engineers and technicians have a duty to ensure that they acquire and use wisely
and faithfully the knowledge that is relevant to the engineering skills needed in their work in
the service of others. They should:
 always act with care and competence
Perform services only in areas of current competence.
 Keep their knowledge and skills up to date and assist the development of engineering
knowledge and skills in others.
 Not knowingly mislead or allow others to be misled about engineering matters.
 Present and review engineering evidence, theory and interpretation honestly,
accurately and without bias.
 Identify and evaluate and, where possible, quantify risks.

 Honesty and Integrity

Professional engineers and technicians should adopt the highest standards of professional
conduct, openness, fairness and honesty. They should:
 Be alert to the ways in which their work might affect others and duly respect the
rights and reputations of other parties.
 Avoid deceptive acts, take steps to prevent corrupt practices or professional
misconduct, and declare conflicts of interest.
 Reject bribery or improper influence.
 Act for each employer or client in a reliable and trustworthy manner.
As against this, some of the actions of an engineer that leads to dishonesty are:
1. Lying: Honesty implies avoidance of lying. An engineer may communicate wrong or
distorted test results intentionally or otherwise. It is giving wrong information to the right
people.
2. Deliberate deception: An engineer may judge or decide on matters one is not familiar or
with insufficient data or proof, to impress upon the customers or employers. This is a self-
deceit.

3. Withholding the information: It means hiding the facts during communication to one’s
superior or subordinate, intentionally or otherwise. If Jane deliberately fails to discuss some of
the negative aspects of a project she is promoting to her superior, she engages in serious
deception even though she is not lying.
4. Not seeking the truth: Some engineers accept the information or data, without applying
their mind and seeking the truth.
5. Not maintaining confidentiality: It is giving right information to wrong people. The
engineers should keep information of their customers/clients or of their employers
confidential and should not discuss them with others.
6. Giving professional judgment under the influence of extraneous factors such as personal
benefits and prejudice. The laws, experience, social welfare, and even conscience are given a
go-bye by such actions. Certainly this is a higher-order crime.
  Respect for Life, Law and the Public Good
Professional engineers and technicians should give due weight to all relevant law, facts and
published guidance, and the wider public interest. They should:
 Ensure that all work is lawful and justified.
 Minimize and justify any adverse effect on society or on the natural environment for
their own and succeeding generations.
 Take due account of the limited availability of natural and human resources.
 Hold paramount the health and safety of others.
 Act honorably, responsibly and lawfully and uphold the reputation, standing and
dignity of the profession.

 Responsible Leadership: Listening and Informing

Professional engineers and technicians should aspire to high standards of leadership in the
exploitation and management of technology. They hold a privileged and trusted position in
society, and are expected to demonstrate that they are seeking to serve wider society and to be
sensitive to public concerns. They should:
 Be aware of the issues that engineering and technology raise for society, and listen to
the aspirations and concerns of others.
 Actively promote public awareness and understanding of the impact and benefits of
engineering achievements.
 Be objective and truthful in any statement made in their professional capacity.

 Cooperation
It is a team-spirit present with every individual engaged in engineering. Willingness to
understand others, think and act together and putting this into practice, is cooperation.
Cooperation promotes collinearity, coherence (blend), co-ordination (activities linked in
sequence or priority) and the synergy (maximizing the output, by reinforcement)
According to professional ethics, cooperation should exist or be developed, and maintained, at
several levels; between the employers and employees, between the superiors and
subordinates, among the colleagues, between the producers and the suppliers (spare parts),
and between the organization and its customers. The absence of cooperation leads to lack of
communication, misinformation, void in communication, and undue delay between supply,
production, marketing, and consumption.
  Confidentiality
One can misuse the truth not only by lying or otherwise distorting or withholding it but also
by disclosing it in inappropriate circumstances. Engineers in private practice might be
tempted to disclose confidential information without the consent of the client. Information
may be confidential if it is either given to the engineer by the client or discovered by the
engineer in the process of work done for the client. Given that most engineers are employees,
a more common problem involving the improper use of information is the violation of
proprietary information of a former employer. Using designs and other proprietary
information of a former employer can be dishonest and may even result in litigation. Even
using ideas one developed while working for a former employer can be questionable,
particularly if those ideas involve trade secrets, patents, or licensing arrangements.

 Collegiality and loyalty

a) Collegiality
Collegiality is the tendency to support and cooperate with the colleagues. It is a virtue
essential for the team work to be effective. This consists of various aspects such as:
 Respect to the ideas and work of others: this results in support and cooperation with one’s
colleagues. One gets back the support and cooperation in return, and this is mutually
beneficial.
 Commitment to moral principles: commitment is towards moral decisions, actions, goals
of the organization and values of the profession.
 Connectedness: it means the shared commitment and mutual understanding. It ensures the
absence of egoism and paves way for progress for both.

b) Loyalty
Loyalty is exhibited in two senses, namely,
 Agency Loyalty
It is an obligation to fulfill his/her contractual duties to the employer. The duties are
specific actions one is assigned, and in general cooperating with others in the
organization. It consists of several obligations to employers. But, for the engineers,
the paramount obligation is still “the safety, health, and welfare of the public”
 Attitude Loyalty
It is concerned with the attitudes, emotions, and sence of personal identity. It includes
willingness to meet moral duties, with attachment, conviction, and trust with employer.
The attitude loyalty is more a virtue than an obligation. This type of loyalty is all right
 when the organizations work for the productivity or development of community. Working
together in falsification of records or serious harm to the public; does not merit loyalty.
Further, with frequent takeovers or merger resulting in large-scale layoff, employees find
it difficult to maintain attitude-loyalty.

RISK AND LIABILITY

The concern for safety is a common one for engineers. How should engineers deal with issues
of safety and risk, especially when they involve possible liability for harm?
Engineering necessarily involves risk, and innovation usually increases the risks. One cannot
avoid risk simply by remaining with tried and true designs, but innovation creates
technologies in which the risks are not fully understood, thereby increasing the chance of
failure. Without innovation, there is no progress.
A bridge or building is constructed with new materials or with a new design. New machines
are created and new compounds synthesized, always without full knowledge of their long-
term effects on humans or the environment. Even new hazards can be found in products,
processes, and chemicals that were once thought to be safe. Thus, risk is inherent in
engineering.
The relationship of safety to risk is an inverse one. Because of the laws of engineering science
and statistics, the more we accept risk in an engineering project, the less safe it will become.
If there were absolutely no risk in a project, then that project would be absolutely safe. So
safety and risk are intimately connected. Concern for safety pervades engineering practice.
One of the most common concepts in engineering practice is the notion of “factors of safety.
If the largest load a walkway will have to carry at any one time is 1,000 pounds, for example,

then a prudent engineer might design the walkway geometry to carry 3,000 pounds. The walk
way dimensions for normal usage would then be designed with a factor of safety of three on
geometry.
Accepted engineering practice goes still further. In choosing materials to build the walkway,
an engineer might begin with a material that has an advertised yield stress of a given number
of pounds per square inch and then treat this material as if it had only half of that capability in
determining how much material to include in the walkway construction.
Then, regarding risks:
1. Engineers, in communicating risk to the public, should be aware that the public’s approach
to risk is not the same as that of the risk expert. In particular, “risky” cannot be identified with
a measure of the probability of harm. Thus, engineers should not say ‘‘risk ’’ when they mean
“probability of harm.” They should use the two terms independently.
2. Engineers should be wary of saying, “There is no such thing as zero risk”. The public often
uses “zero risk” to indicate not that something involves no probability of harm but that it is a
familiar risk that requires no further deliberation.
3. Engineers should be aware that the public does not always trust experts and that experts
have sometimes been wrong in the past. Therefore, engineers, in presenting risks to the
public, should be careful to acknowledge the possible limitations in their position. They
should also be aware that laypeople may rely on their own values in deciding whether or not
to base action on an expert’s prediction of probable outcomes.
4. Engineers should be aware that government regulators have a special obligation to protect
the public, and that this obligation may require them to take into account considerations other
than a strict cost-benefit approach. Although public policy should take into account cost
benefit considerations, it should take into account the special obligations of government
regulators.
5. Professional engineering organizations, such as the professional societies, have a special
obligation to present information regarding technological risk. They must present information
that is as objective as possible regarding probabilities of harm. They should also acknowledge
that the public, in thinking about public policy regarding technological risk in controversial
areas (e.g., nuclear power), may take into consideration factors other than the probabilities of
harm.

II.4. Establishment of Codes of ethics

Codes of ethics have been established by various professional engineering societies, such as
the National Society of Professional Engineers (NSPE), the American Society of Mechanical
Engineers (ASME), the Institute of Electrical and Electronics Engineers (IEEE), etc. These
codes serve as a framework for ethical judgment for a professional engineer. express the rights,
duties, and obligations of the members of the profession.
The codes also
Obviously, the codes of ethics are not comprehensive enough to cover all possible ethical
dilemmas that an engineer might encounter in his or her career. The codes serve as starting
points for making ethical decisions. It is important to note what a code of ethics does not represent:
 A code of ethics is not a legal document, so a professional cannot be arrested for violating
its provisions
 Although violating the code of ethics may result in expulsion from a professional society
(such as NSPE or ASME), expulsion from a society generally will not result in an
inability to practice engineering
 A code of ethics does not create new moral and ethical principles; these principles are
rooted in centuries of societal and human interactions
Codes of ethics for engineers were developed along with their respective professional
th
societies, which began formal organization in the late 19 century. Initially, codes of
ethics
involved standard business practices. As the professional societies matured over the years,
their codes of ethics were updated and modified. For example, clauses for public safety,
public service, and environmental protection are more recent amendments to the various
codes of ethics.
It should be noted that many corporations have developed their own codes of ethics for their
employees. In many cases, these codes of conduct can be found on the websites of various
large corporations. Companies often provide periodic ethical training sessions for their
employees in order to explicitly express their accepted policies on business practices,
relationships with vendors and government agencies, compliances with government
regulations, health and safety issues, environmental issues, equal employment opportunities,
sexual harassment, and diversity in the work place.
In Rwanda, we have the IER which in full words is Institute of Engineers in Rwanda. This
institute is a professional organization of engineers tasked with supervising compliance by its
members with the rules of governing the profession and the one in charge of standardizing
engineering ethics in the country.

II.4. Some behaviors an engineer must mostly avoid:

II.4.1. CONFLICTS OF INTEREST

John is employed as a design engineer at a small company that uses valves. In recommending
product designs for his company’s clients, he usually specifies valves made by a relative, even
when valves made by other companies might be more appropriate. Should his company’s
clients discover this, they might well complain that John is involved in a conflict of interest.
What does this mean?
We shall say that a conflict of interest exists for a professional when, acting in a professional
role, he or she has interests that tend to make a professional’s judgment less likely to benefit
the customer or client than the customer or client is justified in expecting. In the preceding
example, John has allowed his interest in maintaining a good relationship with his relative to
unduly influence his professional judgment. He has betrayed the trust that his clients have
placed in his professional judgment by serving his personal interest in his relative rather than
the interests of his clients as he is paid to do.
Conflicts of interest can strike at the heart of professionalism. This is because professionals
are paid for their expertise and unbiased professional judgment in pursuing their professional
duties and conflicts of interest threaten to undermine the trust that clients, employers, and the
public place in that expertise or judgment. When a conflict of interest is present, there is an
inherent conflict between a professional actively pursuing certain interests and carrying out
his or her professional duties as one should.

Types of conflicts of interest

Several types of conflicts of interests exist depending on the ways and severity of outside
interests. A few common types are discussed here.
1. Actual conflict of interest
This refers to the situation where the objectivity is lost in decision making, and the inability to
discharge the duty to the employer. It is the result of weaker judgement and service. A civil
engineer working in the public work department has a financial interest in a contracting
company, which has submitted a bid for the construction of a bridge. There may be a variety
of outside interests. But the conflict arises when the outside interest influences or threatens the
professional judgement in serving the employer or clients.
2. Apparent conflict of interest

This is explained in the following example. An engineer is paid based on a percent of the cost
of the design and there is no incentive for him to cut the costs. In this situation, it appears that
engineer makes the design more expensive in order to get larger commission for him. This
situation leads to doubting the engineer’s interest and ability for professional judgement.
3. Potential conflict of interest
There are situations where the interest of an employee extends beyond the current employer
and into the interest on one’s spouse, relative or friend. The interest changes into intimacy and
subsequent non-moral judgements against the interest of the employer and in favor of the
outsider or even a potential competitor.
- Favorable contact:
When an engineer’s spouse is working for a contractor or vendor, a conflict does not
arise. But if the engineer is to give a subcontract to the contractor or purchase order to
the supplier, the conflict arises. This happens even when the engineer has partial or
substantial stockholding in the business of that contractor or supplier.
- Moonlighting
It is a situation when a person is working as employee for two different companies in
the spare time. This is against the right to pursue one’s legitimate self-interest. It will
lead to conflict of interests, if the person works for competitors, suppliers or
customers, while working under an employer. Another effect of moonlighting is that it
leaves the person exhausted and harms the job performance in both places.
- Insider Information
Another potential conflict of interest is when using ‘inside’ information to establish a
business venture or get an advantage for oneself or one’s family or friends. The
information may be either of the parent company or its clients or its business partners,
e.g., engineers might inform the decision on the company’s merger with another
company or acquisition or an innovative strategy adopted. In such cases, their friends
get information on stock holding and decide on trading their stocks to sell or buy
quickly, so that gain more or prevent a loss.

II.4.2. CORRUPTION
In recent years, and especially in the decade of the 1990s, a phenomenon broadly referred to
as corruption has attracted a great deal of attention. In countries: developed and developing,
large or small, market-oriented or otherwise, because of accusation of corruption,
governments have fallen, prominent politicians (including presidents of countries and prime

ministers) have lost their official positions, and, in some cases, whole political classes have
been replaced.

Definition of Corruption
Corruption has been defined in many different ways, and the question of definition absorbed a
large proportion of the time spent on discussions of corruption at conferences and meetings.
However, in most cases though not all, different observers would agree on whether a
particular behavior connotes corruption. Unfortunately, the behavior is often difficult to
observe directly because, typically, acts of corruption do not take place in broad daylight.
Then, the most popular and simplest definition of corruption used by the World Bank is that it
is the abuse of public power for private benefit. From this definition it should not be
concluded that corruption cannot exist within private sector activities. Especially in large
private enterprises, this phenomenon clearly exists, as for example in procurement or even
hiring. It also exists in private activities regulated by the government. The abuse of public is
not necessarily for one’s private benefit but it can be for the one’s party, class, tribe, friends,
family, and so on.
Also, not all acts of corruption result in the payment of bribes. For example, the president of a
country who has an airport built in his small hometown is engaging in an act of corruption
that does not involve the payment of a bribe.
Corruption is not a new phenomenon. Two thousand years ago, Kautilya, the prime minister
of an Indian king, had already written a book, Arthashastra, discussing it. Seven centuries
ago, Dante placed bribers in the deepest parts of Hell, reflecting the medieval distate for
corrupt behavior. Shakespeare gave corruption a prominent role in some of his plays; and the
American Constitution made bribery one of two explicitly-mentioned crimes which could lead
to the impeachment of a U.S. president. However, the degree of attention currently paid to
corruption is unprecedented and nothing short of extraordinary. For example, in its end-of-
year editorial on December 31, 1995, The Financial Times characterized 1995 as the year of
corruption. The following two years could have earned the same title.
The degree of attention now paid to corruption leads to the question of why. Why so much
attention now? Is it because there is more corruption than in the past? Or is it because more
attention is being paid to a phenomenon that had always existed but had been largely, though
not completely, ignored? The answer is not obvious, and there are no reliable statistics that
would make possible a definitive answer. Several arguments can be advanced that suggest
that corruption is simply attracting more attention now than in the past.

1) The end of the Cold War has stopped the political hypocrisy that had made the
decision makers in some industrial countries ignore the political corruption that
existed in particular countries, such as Zaire. As long as the latter were in the right
political camp, there was a tendency to overlook obvious cases of high level
corruption.
2) It may also be because of lack of information; or reluctance to talk about it by those
familiar with these counties, there was also a tendency not to focus on corruption in
the centrally-planned economy. It is now widely known that centrally-planned
economies, such as the Soviet Union, to those imitating them through highly
regimented economic activities, such as Nicaragua and Tanzania, experienced a great
deal of corrupt practices. However, these practices were either ignored or not widely
reported at the time. Donor countries also tended to play down this problem in
counties which they assisted financially, even in the face of misuse or
misappropriation of foreign aid.
3) The increase in recent years in the number of countries with democratic governments
and free and active media has created an environment in which discussion of
corruption is no longer a taboo. In some countries, such as Russia, the media has
responded with a vengeance to this newly acquired freedom.
4) In all its ramifications, globalization has brought into frequent contacts individuals
from countries with little corruption with those from countries were corruption is
endemic. These contacts have the international attention paid corruption.
5) There has been a growing role played by nongovernmental organizations, such as
Transparency International, in publicizing the problems of corruption and in trying to
create anti-corruption movements in many countries. Recently the international
financial institutions and other international organizations have been playing a
growing role in the anti-corruption movement. In addition; empirical studies of
corruption have contributed to a greater awareness of this problem.
6) The greater reliance on the market in economic decisions has created an environment in
which the pursuit of efficiency has acquired greater importance and where
distortions attributed to corruption attract more attention.
7) The role played by the United States, especially through its influence in some
international institutions, has been important. American policymakers have argued that
American exporters have lost out in foreign deals because they have not been allowed
by law to pay bribes to foreign officials. For American companies, the payment
ofmbribes to foreign officials is a criminal act and the bribes paid cannot be deducted
as costs for tax purposes. This has not been the case in other OECD countries, although
recently, under the sponsorship of the OECD, the situation has started to change.

Corrupt practices in Rwanda

The most common forms of corruption in Rwanda include public funds embezzlement,
fraudulent procurement practices, nepotism, abuse of office and power, corruption in
enforcement and regulatory institutions and within the private sector. This is also evidenced
by the large number of corruption cases recorded annually: for instance, in the year 2009-
2010, 490 cases were received by Rwanda National police and the Office of the Ombudsman,
292 cases were prosecuted and 44 persons were convicted for corruption and related offences.

Impact of corruption
It is widely recognized that corruption has negative and debilitating effect on national
development. Politically, corruption undermines the confidence of the people in public
institutions, erodes the capacity and legitimacy of state and makes a myth of the rule of law.
Economically, corruption raises the cost of doing business, encourages in execution of
contractual obligations, facilitates the misallocation and wastage of resources, discourages
foreign investment and retards economic growth and development.
Socially, corruption accounts for poor service delivery, and the inefficient functioning of
social services like health, education, roads, water supply and telecommunications. It
exacerbates social inequalities and increases social tensions in society. In light of the
consequences mentioned above, the government of Rwanda put in place mechanisms to
mitigate and to fight corruption.

II.5. Making an ethical decision

Engineers face in their profession different ethical dilemma (from conflicting values) in which
they have to respond to. It is not always an easy task to solve an ethical problem and here are
steps which can help to respond or make an ethical decision while facing a dilemma.

1. Identify Ethical Issues. Not all engineering decisions have an ethical dimension. But a
surprising number do. How is one to know? One useful test is to ask whether anyone but the
engineer in question would suffer or be put at risk by the conduct in question. Another is to
ask whether the engineer would like a world in which most engineers conducted themselves
as the engineer is contemplating (and whether that world would differ from this one). A third
test is to ask whether the engineer would want what he is doing to be widely known. The first
test tends to pick out problems of human welfare; the second, problems of fairness; and the
third, problems of honesty.

These tests must, of course, be applied using all relevant information available and only
information available. We should not ignore inconvenient facts or treat mere possibilities as
if they were more than that. Information is relevant if it might affect a rational person's
decision.

It is available if the decision-maker has it or can easily get it in time to decide.

2. Distinguish Issues of Professional Ethics. Should any of the above tests give a positive
result, the next step is to consider what kind of ethical problem has been identified. Not all
ethical problems are professional problems. For example, committing adultery with a fellow
engineer after hours in a motel raises ethical issues without raising any professional ones.
How is one to know? One indication that professional ethics is involved is that the conduct is
expressly discussed in a code of engineering ethics. (Notice that adultery is not.) But, as we
have seen, not all matters of professional ethics are expressly discussed in ethics codes. Much
is left to interpretation.

3. Formulate Options. Formulating some options is implicit in steps 1 and 2. (You do not
have an ethical problem until you have some options.) Often, however, the initial list of
options will be incomplete in an important way.
seem at first (though many are as hard or harder).
Not all ethical issues are as hard as they
So, it is worth asking whether any serious
options have been omitted. One source of options is a code of ethics. Other sources are
biographies of engineers, case studies of particular engineering problems, and imaginative
fiction about engineers in ethical dilemmas.

These can, of course, only be used if there is time to refer to them--or if one has read them in
advance.

4. Evaluate Options. There are two possibilities. Sometimes the relevant code of ethics,
especially a detailed one like the NSPE's will contain a provision which expressly states that
one (or more) of the options available is professionally required. When the relevant code is
"on point", the professionally proper decision is clear. More often, provisions will have to be
interpreted to determine what the code requires. Interpretation requires a) identifying all
potentially relevant provisions of the code, b) trying to make them fit together so that they
give directions a rational engineer would want every other engineer to follow even if that
means having to follow them too, and c) determining what those directions require in the case
in question.

What if this process leads you to conclude that the relevant code requires something morally
wrong? This is a hard question but, fortunately, one not likely to arise. No actual code today
includes a provision immoral on its face (and, given the origin of engineering codes, it is
unlikely that any would). Any immoral conclusion would have to rest on an interpretation of
the code. In general, however, it is unreasonable to suppose engineers would require
members of their profession to do anything immoral. So, any time you conclude that you are
professionally required to do something morally wrong, you have almost certainly made a
mistake.

Truly hard cases, that is, cases where no available option is morally right, cannot be
absolutely ruled out. What then is an engineer to do when he/she confronts a truly hard case?
The answer seems obvious. Morally bad actions are seldom all equal. Some may be less
harmful, less unfair, or less dishonest, than others. In circumstances allowing no morally
right action, an engineer could still hold the public interest paramount, maintain the integrity
of his/her profession, and the like by doing the least harm possible, by being as fair as
possible, and by otherwise keeping wrongdoing to a minimum. That certainly seems to be
how each rational engineer would want others to conduct themselves. Any code of ethics
should be interpreted accordingly. He should, in other words, be fully able to justify his
conduct.

5. Review. Having thus reached a tentative answer, you ought to review your reasoning.
One way to do that is to imagine yourself on a "board of ethical review" (or a Senate
committee investigating your decision after things did not go as you expected). Would your
reasoning still convince you if you did not think of it as yours? No justification of conduct is
professionally defensible if its appeal to you is largely dependent on interests you do not share
with engineers generally or with the public. Putting yourself in the place of your profession or
the public is a good way to make yourself think impartially.

Another way to catch errors is to put your problem to engineers not involved in it, especially
those with experience and a reputation for good judgement. If such persons generally agree
with your reasoning (and choice of option), you are probably right. You must, however, be
careful not to reveal confidential information when seeking advice (and, of course, you must
have time to make such inquiries--as often you will not).

Case Study

Thirty-four-year old Steven Severson was in his last semester of his graduate program in
mechanic al engineering. Fat her of three small children, he was anxious to get his degree so
that he could spend more time with his family. Going to school and holding down a full-time
job not only kept him from his family but also shifted more parental responsibility to his wife
Sarah than he believed was fair. But the end was insight, and he could look forward both to a
better job and to being a better father and husband.

Steven was following in the footsteps of his father, who received a graduate degree in
mechanical engineering just months before tragically dying in an automobile accident. Sarah
understood how important getting a graduate degree was to Steven, and she never complained
about the long hours he spent studying. But she, too, was anxious for this chapter in their lives
to end.

As part of his requirement to complete his graduate research and obtain his advanced degree,
Steven was required to develop a research report. Most of the data strongly supported Steven’
s conclusions as well as prior conclusions developed by others . However, a few aspects of the
data were at variance and not fully consistent with the conclusions contained in his report.
Convinced of the soundness of his report and concerned that inclusion of the ambiguous data
would detract from and distort the essential thrust of the report, Steven wondered if it would
be all right to omit references to the ambiguous data.

It seems clear why Steven is tempted to omit references to the ambiguous data. He is
understandably anxious to graduate and move on to other challenges in his professional life.
He is worried that full disclosure of his findings could slow down this process, a process that
has imposed a heavy burden on his family. However, his question is whether it would be right
to omit reference to the da ta.

Above, we suggested that the ethical analysis of a situation begin with two questions: What
are the relevant facts? And what are the relevant kinds of ethical considerations that should be
brought to bear on the situation? We also suggested that the first question cannot be answered
independently of the second. Psychologically speaking, Steven is tempted, for evident
reasons. Ethically speaking, should he do it? To answer this second question, we need to try to
clarify what is at stake ethically, not just psychologically.

Although this case is about Steven’s academic work rather than his work as a professional
engineer, he is preparing for a career in engineering. Therefore, we might look at the National
Society of Professional Engineers’ (N SP E) Code of Ethics for Engineers for guidance. One
of its fundamental canons states that in fulfilling their professional duties, engineers shall
‘‘avoid deceptive acts.’’ Is omitting the ambiguous data deceptive? Steven might think it is
not, because it is not his intention to deceive. Apparently he is still convinced of the overall
soundness of his report. He does not want readers to be misled by the discrepant data.
However, here a conceptual question needs to be raised. Can the omission of data be
deceptive even when there is no intention to deceive?

In answering this question, we can look at another provision in the NSPE code. Under its
rules of practice, provision 3 states,

“Engineers shall issue public statements only in an objective and truthful manner.”

a. Engineers shall be objective and truthful in professional reports, statements, or

testimony. They shall include al l relevant and pertinent information in such reports,
statements, or testimony, which should bear the date when it was current.

Therefore, would Steven be objective if he omits the ambiguous data? Again, this might be
his intent. But just as he worries that readers might be misled by the inclusion of the data, we
might worry about Steven being misled by the psychological factors that tempt him to omit it.
Can he be certain that he is not simply rationalizing?

One thing is clear. If he keeps his examiners from seeing the ambiguous da ta, he is
presuming that he is capable of making these sorts of determinations on his own.

But, if he is right in concluding that the data is of no consequence, why should he fear that his
examiners will be misled? Wouldn’t they draw the same conclusions from his data that he
does?

Common morality should remind Steven Severson of the importance of honesty.

From this vantage point, his examiners can be seen as having a right to expect him not to
distort his data. Misrepresentation of the data would be seen by them as a breach of the trust
they place in students to do honest work and not interfere with their ability to assess his
qualifications for an advanced degree.

Although the primary focus of this case is on the question of what Steven should do, how this
question is answered has implications for other cases as well. If Steven is justified in leaving
out data when he is convinced that it doesn’t really discredit his conclusion, so are others who
feel the same way about their research data. This is an application of the concept of
universalizability. What would be the consequences of such a general practice? Notice that
Steven cannot simply assume that his case is different because he believes he is right in
interpreting his data, whereas others in similar situations cannot assume that they are correct.
He should realize that the strong pressure he feels to finish his work successfully could
compromise his judgment. Therefore, he is really not in a good position to determine this for
himself. Subjective certainty in his own case is not a defensible criterion, and he should be
wary of generalizing the use of this criterion to others who might be similarly tempted. A
more sound position would be for him to concede that if he actually is right, a full
presentation of the data should convince others as we ll. By withholding the data from his
examiners, Steven seems to be saying that he is more capable than they are of assessing the
significance of his data. Here, he might try a thought experiment: What would he think if the
roles were reversed —if he were one of the examiners and he learned that one of his students
omitted data in this way? This is an application of the concept of reversibility.

There is an additional concern. If Steven thinks he is justified in leaving out the data in this
case, he might also think this will be acceptable in the workplace as well.

There, the stakes will be much higher, risking not only economic costs to his employer but
also product quality and possibly the health, safety, or welfare of the public. After all, it is

possible that Steven has overlooked something important that others will notice if given the
more complete set of data.

Steven may think that his is a special case. Given his family circumstances, the pressure to
graduate is unusually great, and he may think that he would not repeat this behavior in the
workplace. However, this seems to be more a rationalization of his action than a realistic
assessment of the challenges that will face him as a practicing engineer; challenges such as
meeting the pressure of deadlines.

At this point it should be noted that a great deal of the information provided in the Steven
Severson case has been treated as irrelevant to our ethical analysis. In fact, despite their
human interest, the first two paragraphs have no real bearing on the ethical question. Even
though they explain why Steven is doing the research, and why he is anxious to bring it to a
successful close, none of this seems relevant to the question of whether it is right to omit
possibly important data from his report. No doubt there is also a great deal of irrelevant,
unmentioned information, but in order to resolve an ethical question, we should focus only on
those facts that are relevant to it. Sometimes this may be an easy task, and sometimes the facts
make the resolution seem obvious. But in these cases, ethical criteria guide the sorting out of
relevant from irrelevant facts. These criteria may come from our common morality,
professional codes, or our personal morality. Hence, we should remind ourselves of all three.

From the standpoint of engineering codes of ethics, the case of Steven Severson seems to be
quite straight forward. Actually, it is simply an embellishment of a fictional case prepared and
discussed by the Board of Ethical Review (BER) of the NSPE (National Society of
Professional Engineers.) The BER case consists of basically only the last paragraph of the
Steven Severson case; that is, the BER streamlined its presentation to include only relevant
facts. In any actual case, however, much other information will have to be sifted through. In
the original BER case, the presentation of the scenario is followed by several relevant pro
visions in NSPE’s code of ethics. These pro visions calling for objectivity, truthfulness, and
cooperative exchange of information seem to settle the matter decisively. Steven should not
omit the data.

In regard to Steven’s personal morality, we can only speculate, of course. But it is quite
possible that, as he reflects on his circumstance, he will realize that his personal integrity is on
the line. Still, if he really is convinced of the overall soundness of his report, in omitting the
data he would not be trying to convince his examiners of something he thinks is untrue or
unsupportable. Thus, he may still value truthfulness. But he would be underestimating what it

requires.

The ethical analysis of the Steven Severson case seems rather unproblematic.

Sorting out factual, conceptual, and ethical issues is often straightforward enough that it is not
difficult to resolve questions about what, from an ethical standpoint, one should do. This is
not always the case, however. Fortunately, there are some ways of thinking that can help us in
these more challenging cases. To illustrate this, we offer a brief account of the development of
current federal guidelines for research involving human subjects, or participants. Then, we
consider two useful methods of analysis: line-drawing and searching for a creative middle
way.

Chapter III. Employment Contract

III.1. Definition and characteristics

An employment contract it’s an engagement between an employer and a worker.

Most of African’s employment contract define the employment contract as any covenant,
either oral or written, by virtue of which a person called worker agrees to work under
direction and authority of another person who can be individual, moral, public or private
called employer in return for pay.
A contract of employment shall be concluded basing upon the worker's and employer's
mutual consent, the first undertaking to put his/her professional activity at the
service and under the authority of the employer; the second undertaking in return to pay to
the worker the salary agreed upon. Concluding life contracts of employment is not
acceptable. Thus, an employment contract is characterized by:
- Professional activity
- Remuneration/salary
- Subordination

III.2. Different types of employment contract

As types of employment contract, we distinguish principally fixed term contract and open-
ended contract. Each of these contracts may be full-time or part-time.

III.2.1. Open-ended employment contract

Open-ended contract is a type of contract where the duration of the contract is not fixed in
advance and where it termination can be unilateral and reciprocal (unilateral: the will of one
from both parties suffice; reciprocal: each of the parties may break the contract).
This termination is subject to a prior notice given by the party that takes initiative of
termination.

III.2.2. Fixed term contract

Fixed term contract is a contract that is limited by time. Both parties define in advance the
ending time of the contract. Fixed-term contract can be renewed as many times as agreed on
by the parties.

III.3. Particular types of employment contract

There exist 3 particular types of employment contract:
 Probation employment contract
 Apprenticeship contract
 Internship contract

1. Probation employment contract

There is a probation employment whenever the employer and the worker, with a view to
conclude a definitive contract, decide beforehand to make an agreement whereby the
employer examines the quality of the worker’s services and output while the worker looks
at the conditions of work, living, pay, health and security at work as well as the social
climate among the institution workers.
 Probation employment or its renewal must be concluded in writing and can only
cover a maximum period of six (6) months.
 The work done during the probation period is paid to the rate of salaries assignable to the
professional category in which the worker was engaged.
 2. Apprenticeship contract
An apprenticeship contract is a contract by which a head of an establishment commits
himself/herself to employ a young worker and teach him/her or make him/her be
appropriately taught, a profession for a given period agreed upon, during which the apprentice
commits himself/herself to work at his/her employer’s service and to comply with instructions
which will be given to him/her and carry out the duties that will be assigned to him/her in his
/her apprenticeship.
3. Internship contract
The internship aims at ensuring a practical transition in terms of training between the acquired
knowledge and the envisaged practical activities. Its duration cannot exceed twelve (12)
months, but this contract may be terminated upon a request by one of the parties to it.
The activities carried out during the internship have to be in conformity with its main
objective, mental and physical capabilities of the intern.
The following employment contracts must be concluded in a written form:
1) A contract concluded for a continuous period superior or equal to six (6)
consecutive months;
2) Employment contract signed in Rwanda but which shall be implemented in a foreign
country;
3) A contract relating to a specific activity which shall not be completed in a period
of six (6) months or for the work whose execution period amounted to six (6)
months from the beginning of that work.

III.4. Obligations of the parties on the employment contract

1. Obligations of employer
 to give to the worker the agreed work and this, under those conditions, at the time and
place as agreed;
 to ensure the responsibility of implementing the work contract signed on his/her
behalf;
 to supervise the worker and make sure the work is done in suitable conditions, as far
as security, health and dignity of the worker are concerned;
 to pay the worker the agreed remuneration regularly and in due time;
 to avoid whatever may hamper the company’s functioning, its workers and the
environment;
 to affiliate workers to the social security scheme;
  to make those workers with dependents enjoy the rights that are provided for by the
law;
 to enter into a performance contract with the worker based on collective negotiation
within the establishment.
 to allow a weekly rest that shall not be less than 24 consecutive hours
 an annual paid leave of 21 days for any worker with not less than 12 months of
effective service
 to allow a maternity leave of twelves (12) consecutive weeks for female worker.
2. Obligations of workers
 to personally carry out his/her work or service in the time, place and conditions as
agreed upon;
 to respect the employer’s or his/her representative’s orders when given so as to have
the work done;
 to abstain from all that might threaten his/her security or that of his/her companions
or third party, or jeopardize his/her dignity and the one of his/her colleagues;
 to respect rules prescribed by the establishment, its branch or the place where he/she
is to do his/her work;
 to keep in good conditions tools given to him/her and give them back to the employer
once the work is completed.

III.5. Suspension of an employment contract and its reasons

There shall be suspension of contract of employment when the contract is not terminated but
the two parties agree to have part or whole of their obligations suspended.
The contract of employment is suspended:
1) during the absence at work due to a disease confirmed by a recognized medical doctor;
2) the period of worker’s unavailability due to a work accident or professional disease
3) during maternity leave of a woman;
4) During the strike or lock-out carried out in the respect of the procedures regulating the
labour collective dispute;
5) During the worker's absence authorized by the employer by virtue of collective
conventions or individual agreements between employer and worker;
6) during the worker’s lay-off;
7) During the temporary worker's detention for a period not exceeding six (6) months;
8) during the training of the worker organized by a trade union to which he/she is
entitled as per the modalities set by the law or collective conventions ;
9) suspension of the enterprise’s activity due to technical reasons;
10) in case of force majeure or any other reason provided for by the law with the effect of
stopping one of the parties from fulfilling its obligations.
 Suspension of a contract due to technical reason: A technical redundancy cannot be
imposed on a worker once or several times, for longer than three (3) months during the
same period of one year. After this period, the worker is free to consider himself/herself as
laid off. The employer is held to pay to the worker a notice allowance which is equal to
the amount of his/her remuneration in accordance with the notice period provided for by
the law.

III.6. Termination of employment contract

Causes of cessation of an employment contract are:
1. Cessation by agreement between the parties
2. End of the enterprise activities
3. Legal annulation of the employment contract
4. End of a fixed term contract
5. Resignation
6. Dismissal
7. Retirement
8. Total inability to work as defined in the regulation
9. Decease (death of the worker)

1) Termination of an open-ended contract

An open-ended contract may always be terminated by the will of either of the parties but for
legitimate motives. This termination is subject to a prior notice given by the party that takes
initiative of termination.
Termination of an employment contract is commonly called dismissal when practiced by the
employer and is called resignation when practiced by the worker.
The notice shall be addressed to interested party in writing by precising the reasons for
termination.
During the notice period, the employer and the worker must respect all the reciprocal
obligations that are incumbent upon them from the contract of employment.

Respect of the rule on notice

The notice is a limit-time given from the party that takes the initiative of termination to the
other before the contract termination to be effective.
Any termination of contract without notice or without having observed the notice period
compels the responsible party to pay the other party an allowance corresponding to the
salary and other benefits from which the worker would have benefited during the notice
period that has not been effectively respected.
The notice is not required in following cases:
- Breach of contract to a person on a probation period
- Breach of contract by gross negligence (The gross negligence is left to the
appreciation of the competent jurisdiction)
- In case of mutual agreement between the parties
The notice period is fixed at:
- fifteen (15) days, if the worker has worked for less than a year;
- one month, if the worker has worked for a period of one year or more.
During the notice period granted by the employer, the worker who wants to look for a new job
shall have the right to one absence per week as he/she may agree with his/her employer.

2) Dismissal for economic and technological reasons

The employer may proceed to dismiss individual or collective worker(s) due to economic
reason, internal reorganization or consecutive restructuring for economic difficulties or
technological transfers with the aim of protecting the competitiveness of the enterprise. In
such a case the dismissal ranking shall be done in accordance with the performance,
professional qualification, time spent in the enterprise and social charges of each worker. The
employer informs the competent labour inspector in a written form.

3) Rights of dismissal worker

The employer, in case of a dismissal must pay and regularize to the worker, before his/her
departure:
a. Payment for dismissal notice
This happen when the term notice has not been executed. This is necessary in case of non-
gross negligence and when the term notice was not respected by the one who took the
initiative of the contract termination
b. The due salary at the moment of the rupture
c. Leave compensative indemnity in case of contract termination or expiry before the
worker has benefited from his/her leave.
 d. Work certificate
e. Dismissal compassion
It is only concern a worker who undergoes a dismissal, which excludes the resignation of a
worker or retirement of a worker. It is not due when the employer is accused of gross
negligence. It attribution is subordinate to a duration of at least twelve (12) consecutives
months of work.
Accompanying allowance shall not go below:
- One time the average monthly salary for the worker with less than five (5) years of
working experience in the same institution;
- Two (2) times the average monthly salary for the worker with working experience of
between five (5) and ten (10) years in the same institution;
- Three times the average monthly salary for the worker with working experience of
between ten (10) and fifteen (15) years in the same institution;
- Four (4) times the average monthly salary for the worker with working experience
of between fifteen (15) and twenty (20) years in the same institution;
- Five (5) times the average monthly salary for the worker working experience of
between twenty (20) and twenty five (25) years in the same institution;
- Six (6) times the average monthly salary for the worker with working experience of
over twenty five (25) years in the same institution.
The average monthly salary shall be obtained by dividing by twelve the total salary the
worker has received for the last twelve (12) months exclusive of allowances allocated to the
worker to enable him/her to discharge his/her duties.

4) Termination of fixed-term contract

If an employment contract specifies a fixed period of employment, the contractual
relationship is automatically terminated at the end of this period. Any dismissal which is not
done basing on the reasons provided for the law or resignation made before the expiry of a
contract for a determined period compels the party that takes initiative of termination to pay
an indemnity equivalent to the remuneration for the remaining contract period without
prejudice to other compensation which may be paid.
However, the contract of employment for a determined period or for a well-defined work can
be terminated before the fixed term in case of gross negligence or agreement between the
parties. Where the contract for a determined period is terminated due to gross negligence, the
party causing the contract to be terminated shall notify the same to the other party within forty
eight (48) hours.
Bibliography

1. Charles E.Harris et al., Engineering Ethics: Concept and cases. Fourth edition,
Wadswroth, Cengage Learning 2009.
2. Lee and Jonh G. Archie; Introduction to Ethical Studies: an Open Source Reader,
August 2003
3. Office of the Ombudsman, June 2012. Rwanda Anti-Corruption Policy. Kigali-Rwanda.
4. Official Gazette of the Republic of Rwanda, 48 n° special of 27 May 2009.
5. R.S. Naagarazan; a Textbook on Professional Ethics and Human Values. New Age
International Publishers, 2006
6. Vito Tanzi; Corruption around the World: Causes, Consequences, Scope and Cures.
Working paper of the International Monetary Fund, 1998.