Saturday, August 31, 2019

Chaucer’s Pardoner’s tale Analysis on lines 520 through to 602

Chaucer's depiction of everyday life demonstrates the mockery, or even disregard for kindness, honesty and the other virtues that balance the sins prone to human error and judgment. With impiety being flaunted openly in society, this shows times of rebuke and alarm in the church, even man's faith in God's ruling. The connotation of the extract given is simply the ease of sin and how good men can without difficulty be undone by moments of weakness and foolery. He moulds the inner thoughts and desires of his characters intimately, summarising their nature rather than their movements and opinions. The rapidity of pace deciphers the verses as the tone strengthens the moral undertones. His anger shows through, particularly from lines 531 to 540 resulting in the highlighting of Chaucer's main frustration, – avoidable wickedness – whereby they lose themselves and everything they hold dear. The sins that cause the most damage to man are pride, wrath and gluttony. These sins, along with others, diminish souls and ultimately the prospect of eternal life and happiness in heaven. The narrative is in the first person, believed to be Chaucer's own voice and how he views people who openly sin. Chaucer's moralistic beliefs are being highlighted through the denotation of the pardoner's character's actions. The pardoner seems to be the puppet outlining the loneliness of transgressions gone awry. â€Å"Now lat us sitte and drynke, and make us merie, And afterward we wol his body berie. † The church was a place of redemption in those times, people turned to the followers of God as their moral compass but the pardoner openly flaunts his lack of guidance and even his lack of guilt for his actions. He acknowledges that good doing is rewarded in the end but then is the last one to learn from his own words. Irony is rife in the pardoner's tale as the young men all vowed to each other that they would protect and look after each other as brothers but the irony is that they have barely just sworn the oath when it is already falling apart after the first hurdle. â€Å"That oon of hem spak thus unto that oother, Thou woost wel, that oure felawe is agon, And heere is gold, and that ful greet plentee, That shal departed been among us thre. But nathelees, if I kan shape it so That it departed were among us two,† The irony of their being told that they would find death if they went the ‘crooked way' by the old man also demonstrates their behaviour being that of a morally crooked person. When the rioters all find the money, they all draw lots for who will go and find food and drink, and who will look after the money. In the end the youngest goes to the village and requests rat poison to get rid of vermin. This suggests that he believes his ‘brothers' to be moral vermin, which is ironic because he is already plotting the same crime as them. In each section of the passage there is a distinct expression of interaction between the two brothers and the third with the owner of the ‘pothecarie'. In both scenes they are talking about death but in different terms. The brothers are convincing one another that killing the third is appropriate, meanwhile the third brother has already convinced himself that the others must go and so is now explaining to the owner that he wants to buy poison and even refers to the brothers as vermin that bother him. This ironic turning from one brothers vow to the others as embracing them as blood, to plotting and acting out their demise. In both scenarios the link to loyalty and decency has altered to tie them together to fulfil the old mans promise of finding death. The pace is solid and rhyme continuous as it keeps the rigidity of poignant blows and references to death. The repetitiveness in mentioning death keeps it fresh and lingering in the foreground of the tale. The narrative voice morphs from character to character, expressing their views and opinions till the collective conclusion with the brothers lying deceased. The verse collects to form this imagery of shadows caressing their resting place, deep in the woods, hidden to outside man with no one to care for their wounds. References like â€Å"Arys, as though thou woldest with hym pleye, And I shal ryve hym thurgh the sydes tweye, Whil that thou strogelest with hym as in game, And with thy daggere looke thou do the same;† conjures up man wrestling for life, prehistoric society to find leaders, betrayal and dark tones. Each word strips the men of their innocence in the eyes of the reader, losing empathy and respect as Chaucer had intended. The main reason for Chaucer to react so fervently about gluttony is because it is a passage-way to sin, often prompting another sinful action. Sins are closely linked to one another, so one situation can easily escalate quickly, leading to other greater sins. â€Å"Ther is no man that lyveth under the trone Of God, that sholde lyve so murye as I. And atte laste the feend, oure enemy, Putte in his thought that he sholde poyson beye,† The seven deadly sins are pride, envy, anger, sloth, gluttony, avarice, and lechery. Geoffrey Chaucer's masterpiece, The Canterbury Tales, provides an excellent story about the deadly sins. Focusing mainly on the sins of pride, gluttony and greed, the characters found in The Canterbury Tales, particularly The Pardoner's Tale, are so overwhelmed by their earthly desires and ambitions that they fail to see the effects of their sinful actions, therefore depriving themselves of salvation. With the summary of the tale coming to a close, God's image is distorted by their immoral actions, with inebriation being the initial start to the deadly seven vices. This delivers the first of human failings, sin, thereby setting the tone of guilt, showing the listener the need for remorse. Chaucer reaches this with the opening to the studied passage ‘To gete a glotoun deyntee mete and drynke! Of this matiere, o paul, wel kanstow trete — Mete unto wombe, and wombe eek unto mete, Shal God destroyen bothe, as paulus seith. Showing the drink as an accompaniment to sin, gluttony reminds each individual that sins all lead to each other as they conjure up associated personal painful experiences. These brought up alongside the counterbalanced seven virtues gives great strength to salvation. Chaucer shows himself as the narrator, or man's conscience, as he personifies the voice of logic and reason, and so guides the reader to the inevitable conclusion. Gluttony is defined as the over-indulgence of food and drink. The pardoner said that gluttony was the sin that corrupted the world. The first form of gluttony is drunkenness. ‘o dronke manb, disfigured is thy face, sour is thy breeth, foul artow to embrace, and thurgh thy dronke nose semeth the soun as though though sedest as sampsoun, sampsoun! Drunkenness is sinful because man loses his ability to reason. The three men were guilty of gluttony when they over indulged in wine at the tavern that eventually led to swearing, lechery and the desire to harm one another, even unto death. The pardoner claimed that drunkenness played a big role when Lot committed incest with two of his daughters. Drunkenness influenced Herod's decision when he ordered John the Baptist beheaded. With gluttony unknowingly being the passage sin committed, these two examples lead both to incest, rape and murder. The pardoner, however, did not practice what he preached. He couldn't proceed with his exemplum until he had had something more to drink! The youngest brother is the one that most of the focal point for evil can be centred upon because he is alone in his convictions to murder. The other two have each other to coax each other on, and derive grave unfortunate conclusions but the youngest has set out, even being told by the owner â€Å"This poysoun is so strong and violent. This cursed man hath in his hond yhent†, meaning that he knows they shall suffer, feel the pain and have them know it was him that had ended their lives for his selfish gain, but still â€Å"To sleen hem bothe, and nevere to repente†. Lines 531 to 535 shows Chaucer's complete shock and disgust, connecting alcohol with promiscuity and fake idols, which leads to being corrupt enemies of Christ. ‘I seye it now wepyng, with pitous voys that they been enemys of cristes croys, of whiche the ende is deeth, wombe is hir god! O wombe! o bely! stynkyng cod, Fulfilled of dong and of corrupcioun! The sin of lust is introduced in this verse as the men favour the satisfactions of the flesh rather than the purity of their souls, showing that they have spiritually rejected heaven and Christ. Lines 542 to 550 depicts the gluttony of their characters as painted by Chaucer's narrative, ‘The Mary, for they caste noght awey that may go thurgh the golet softe and swoote. Of spicerie of leef, and bark, and roote shal been his sauce ymaked by delit, to make hym yet a newer appetite. But, certes, he that haunteth swiche delices is deed, whil that he lyveth in tho vices. A lecherous thyng is wyn, and dronkenesse is ful of stryvyng and of wrecchednesse. ‘ The verse portrays the men as selfish; the moral portrays their characters as turning from focused to sloth from the time they find the money. Each man believes he should have the money and so their pride and greed get in the way of their judgment, leading to wrath. The verses keep their symmetry in theme, rhythm and dark undertones. Each man set out on a different path but each with a similar goal in mind. Some plot together, â€Å"Thou knowest wel thou art my sworen brother; Thy profit wol I telle thee anon. † others convince themselves â€Å"O lorde,† quod he, â€Å"if so were that I myghte, Have al this tresor to my-self allone,† but all come to the same conclusion. The balance of good intent, to corrupt from sinful gains shadows the story that was told by a man so worthy of pity and hatred that the ironic twist is not lost, even though the men found their fate. The pardoner lives on to tell the tale and grasp his forgivable life of emotionless riches. The style carries their deceit and sins. They declare they are good but the narrative makes liars of them as their tongues no longer know what they speak. Each narrative voice shows the central characters as bad, if not misguided and foolish men, directed only by the pleasures of the material world rather than the spiritual. Their comparison of themselves to honourable men, which are good and noble, plays to their pride and make them almost boastful, if the text had been in, the first person. Alas, the raconteur continues to show the men up, following every prideful sin. For the verse to finish with the men still being wicked, deceitful, and even turning against each other, they are shown as doomed. This is the message that I believe Chaucer is trying to scream out at us; Love God, love thy neighbour. Unfortunately there is always temptation but if you follow it, it will never take you to where you thought you would end up; instead, evil will take over, strip you of your soul and leave you bare and alone. â€Å"To take the botel ther the poysoun was, And drank, and yaf his felawe drynke also, For which anon they storven bothe two. â€Å"

Joint Venture in China

————————————————- Topic: Joint-Venture – China – Wall Panelling Once a foreign investor is put into the mix, a wealth of legal, administrative or operational violations that a solely-owned Chinese firm may have been able to survive with, will most likely not be tolerated by the local authorities (Devonshire-Ellise & Hoffman, 2010; Norris, 2011). Therefore an array of legal and contractual issues may arise for which a foreign party should be prepared. Some of these are outlined below.Environmentally Friendly Wall Panelling: ————————————————- As the product involved is classed as building materials the company should make note of Austrade’s guidelines on industry standards for building materials in China (Austrade, 2012). For this environmentall y friendly wall panelling the GB/T 50378-2006 regulations will apply (GCiS, 2012). The Issue of Stabilisation: ————————————————- Protection measures should also be stipulated through the creation of a Joint-Venture Contract.One of the biggest issues may be found through the difference in law between China and Australia; China having civil law and Australia having common law. Therefore in order to have the Joint-Venture contract protected from future changes in the Chinese civil law system a stabilisation clause is highly recommended (Coale, M. T. B, 2001-2002). Types of Joint-Ventures in China: What makes the selection of a joint-venture so important is that even though China’s Choice of Law provisions follow international practices; this doesn’t apply for Joint-Ventures.The only time a foreign party within a Joint-Venture may have a choice of law is when set tling disputes (Gao, 1989, p. 560; Wei, 2000, p. 40; Sino Foreign Joint-Venture Law Article 2). Types of Sino-Foreign Joint-Ventures in China: Refer to Appendix 1. Equity Joint-Venture (EJV): An equity Joint-Venture in China takes the form of a limited liability company (JVL Article 4 and Article 2 RICJVL; Kluwer Law International, 2005; Nee, O. D, 1992, 83-101). In this type of Joint-Venture both parties contribute to the registered capital and risks; profits and losses are all taken in regards to the proportion of that contribution.Four Basic attributes (Kluwer Law International, 2005; Wei, 2000, p. 74-75): 1. Established in accordance to the law of the People’s Republic of China. 2. Necessary Property or Capital 3. Possesses its own name, structure and premises 4. Assumes civil liability independently. Cooperative (Contractual) Joint-Venture Creating Chinese Juristic Person (CJVCJP): Also a limited liability company which assumes responsibilities for the ventures total ass ets however can have a separate internal arrangement on debt liability of each party (Articles 11,12, 14 of RICJVL; Wei, 2000, p. 5-76). The structure and status of this type of venture is a lot more flexible than for EJV’s, with precise aspects being able to be defined by contract (Kluwer Law International, 2005; Nee, O. D, 1992, 83-101). It also has liberty of negotiation of product or profit distribution method while still being a separate legal person with the parties’ liability limited to their capital contributions (Article 14 of RICJVL; China Business Law Guide, 2005; Cooperative Joint-Venture Law and Cooperative Joint-Venture implementing Law).Cooperative (Contractual) Joint-Venture Not Creating Chinese Juristic Person: (CJVWCJP): Does not create a Chinese juristic person (Article 52 of RICJVL) and parties take unlimited liabilities for the debts of the Joint-Venture jointly and severally. All investments are administered in a unified manner and consent is need ed for the disposing of a party’s investment (Nee, O. D, 1992, 83-101). ————————————————- It has loose structure, high risk and low degree of control and cooperation (Nee, O. D, 1992; Wei, 2000, p. 176). ————————————————-As all Chinese JV’s are controlled under the P. R. C law (Article 5 of the Foreign Economic Contract Law (FECL); Lewis, 1996, p. 31; Wei, 2000, p. 73), the ability to create their own contractual clauses and have more freedom in the contractual relationship is necessary, especially in regards to topics such as intellectual property; that is why a Contractual Joint-Venture Creating Chinese Juristic Person is the best choice. Also, in relation to management and liability and the production of manufactured goods this type of Joint-Vent ure is ideal (China Business Law Guide, 2005; Gomes-Casseres, 1990; Wei, 2000, p. 68). The Issue of Intellectual Property: From the 6th China International New Wall-Building Materials, Equipment and Technology exhibition held in Beijing in May 2012, it can be seen that green building is becoming increasingly popular in China (GCiS, 2012). In fact the 12th Five-Year Plan states that by 2015, at least one billion of these should be built with eco-friendly building materials, and by 2020, green buildings will account for more than 30% of new construction (ACBW, 2012; Appendix 6; GCiS, 2012).However, with this novelty in green building rising and a lot more foreign producers developing products and technology in China so comes the problem of protecting intellectual property. Intellectual property protection is relatively new in the People’s Republic of China but its importance continues to rise (Wheare, 1998, p. 1) and it is often cited as an issue of concern for foreign parties in China (Ding, 1997; Liesch & McGaughey, 2000, p. 1; Massey, J. , 2006-2007; Vanhonacker & Pan, 1997). Traditionally the concept of protecting intellectual property did not have a strong hold in Chinese culture (Wei, 2000, p. 9), but China’s reformation of its national IP system to comply with the international standards set out through the WTO’s Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement has been a leap for the development of China’s view in regards to intellectual property (Wheare, 1998, p. 1). However, despite China’s accomplishments in IP protection and indications it will not become a â€Å"haven of piracy† it still considered one of the most risky places to do business (Folsom & Minan, 1989, p. 792; Liesch & McGaughey, 2000 p. 2).This is due to its relative novelty in the People’s Republic making certain segments of the population have only a rather vague understanding of the concept (Cohen et al. , 1996, p. 7). In the P. R. C the problem isn’t that they don’t have laws regulating IP protection. In fact they have laws for the protection of Patents, Copyright Infringement and Trademarks. However, the problem comes when trying to implement these laws (Yuan, 2004, p. 1) as Chinese civil enforcement procedures make it very difficult to protect high technology patents (Appendix 5; Kennedy and Clark, 2006; Zhang: 2010: 7).In addition an interesting fact to note is that People’s court may accept oral evidence but in practice they rarely accept or put weight on this type of evidence (Kennedy and Clark, 2006). Therefore, when dealing with foreign parties it is important to develop and implement a comprehensive strategy for protecting their technology interests (Greguras, 2007, p. 3; Norris, 2011, p. 58; Wheare, 1998, p. 159). If it is assumed this wall paneling company has already patented their product in Australia, under Australia’s Patent law the patent will las t for 20 years (ALRC, 2012).As the product is already being produced in Australia it can’t be patented in China. However, as China is part of WTO and is a signee on the TRIPS agreement, therefore they are politically and morally bound to recognise the Australian patent (ALRC, 2012; Article 27. 1 of TRIPS Agreement; WTO; 2012). As the producers in China will need to have the production know-how for the wall paneling, therefore there is risk of intellectual property theft. To try and protect the IP a license agreement for technology transfer could be considered.When setting up a technology transfer agreement, the Technology Transfer Regulations as stipulated in the China Laws for Foreign Business outlines in Article 2 six ways of technology acquisition (Appendix 2; Kluwer Law International, 2005). ————————————————- If licensing is chosen for the transfer of the patent and its technology in the Joint-Venture the usual licensing agreement is 10 years. However this is usually permitted to extend to the life of the Joint-Venture (Lewis, 1996, p. 67). The agreement involved will allow the Chinese producers to use the technological know-how with it returning to the licensor (the Australian side) once the Joint-Venture is terminated. However it must be noted that the general consensus in China is that technology and know-how belong to the licensee at the end of the term and the licensor should not be able to restrict the licensee in its use of this information (Jianhua & Williams, 1998, p. 167; Lewis, 1996, p. 167).Therefore despite many ways one can try and protect IP in China, the most important factor is to carry out due diligence and make sure that the knowhow has been protected as good as possible. The Issue of Dispute Resolution: Due to a difference in legal system, cultural values and business practices, China can be seen as a high risk business environment. In the case of any disputes a clear and understandable dispute resolution method and clause should be formed and included in the Joint-Venture contract (Wei, 2000, p. 154).It is crucial for JV parties to specify dispute resolution methods, applicable law and venue for resolving disputes (Chan & Suen, 2005). Under the law of the P. R. C, Sino foreign Joint-Ventures are allowed to select applicable law and the venue for the dispute resolution in their contractual clause and Chinese law is only an option in this case (Dobkin, 1988, 79-80; FECL 1985; Lewis J. 1996, p. 256; Wei, 2000. p. 156). However Article 25 of the Law on Sino-foreign Cooperative Joint-Ventures (2005) provides that if a dispute arises, the dispute should be in first instance settled through friendly consultations to the extent possible.If such consultations fail then the dispute may be settled by arbitration or be referred to the People’s Court (Lewis J. 1996, p. 255) Therefore it is recommended that in light of any breaches of contract or party disputes the first step should be negotiation. Negotiation is not legally binding and can preserve the guanxi between both parties, whilst being the cheapest ADR method (Cheung and Suen, 2002; Dimatteo, 2003 p. 109). Also given the law states that friendly consultation should be the first step it should be the first method tried.However if not successful a relevant arbitration can be included in the contract. The P. R. C has a flexible approach regarding dispute resolution and it can take place in China or abroad according to Chinese rules or an international arbitration body (Lewis, 1996, p. 256). However, for this wall paneling company it is still recommended to have the arbitration carried out in China as cost is lower and it is more convenient and is enforceable (Dimatteo, 2003, 109). Many parties scared of using mainland Chinese arbitration rules have decided on arbitrating in Hong Kong.This is a great option for the wall panel ing company as Hong Kong has adopted the UNCITRAL model law on arbitration and is considered an international arbitration centre with highly developed infrastructure (Brandt & Tomson, 2012, p. 18; Dobkin, 1988, 79-80; HKIAC, 2004). In addition, Hong Kong will able to give better advice on foreign related matters in English making the process a lot smoother (Lewis, 1996, p. 257; Srivastava, 2002, 197). A possible dispute resolution clause that could be included in the contract can be viewed in Appendix 3. ————————————————-If Arbitration still has not produced any results litigation can be considered (Wei, 2000, p. 154) but in China it is usually viewed a s a last resort due to possible bias present in the courts and due to court proceeding being very lengthy and expensive and it’s also difficult to find lawyers competent to advise on foreign matters in English. Usual ly foreign parties will endeavour to ensure their disputes are resolved without Chinese courts as they are still unconfident because of the reported local protectionism (Bersani, 1994; Chan, 1997) The Issue of Language: ————————————————-Which language should be used in the Joint-Venture contract? When dealing with foreign parties there can sometimes be large language barriers. This problem can often be solved by having a clear language agreement stipulated in the contract. It is common practice to have the contract in both acting languages. Although this can be rather expensive, it may avoid some major problems that could arise in the future (Lewis, 1996, p. 31). The Issue of Termination: Chinese parties may be averted to agreeing with the public and formal ending of a Joint-Venture, not wanting to discuss the end before even beginning (Xu, 2008).However, sometimes, as the Chinese saying goes, the foreign party might find themselves in the ‘same bed’ as the Chinese but ‘with different dreams’. This is why a termination clause is very important. Despite the conventionality of this clause, it is still a grey area; the general practice is that foreign investors buy their way in and then buy their way out if the situation turns bad. Chinese parties have been known to play corporate blackmail with foreign investors as to block potential exit of the foreign party or to hold them liable for all losses (Xu, 2008).A Joint-Venture contract should have a detailed termination clause which outlines the events allowing parties to terminate their involvement. It should also state the duration of the Joint-Venture. (Dimatteo 2003) Some grounds for termination are as follows (Lewis, 1996, p. 257): 1. Expiration of the Joint-Venture term; 2. Inability to continue operations due to heavy losses; 3. Inability to continue operations due to the f ailure of one of the contracting parties to fulfill its contractual obligations; 4. Inability to continue operations to heavy losses caused by force majeure or; 5.Inability to attain the desired objectives of operations and the lack of future for development. Some other terms that may be included are set out in Appendix 4. *It is proposed that the tenure for this Joint-Venture should be set at an appropriate time so as to avoid the transfer of intellectual property. This time should be before the patent protection runs out and before the licensing agreement runs out. —————————————————————————————————————————————– AppendicesAppendix 1: Business Structures in China (Yu wa Wei, 2000, Investing in China. p. 169) Appendix 2: China Business Law Guide 2005 a) The assignment of patent rights; b) The assignment of the rights to apply for patents c) The licensing of patent exploitation; d) The assignment of technical secrets; e) The provision of technical services; and f) Other forms of transfer of technology. Appendix 3: Dispute Resolution Clause In the event of any dispute arising under this contract, the parties shall first make all necessary efforts to settle the dispute through friendly consultation.If it is impossible to settle the dispute in this way then the matter shall be submitted to arbitration before the Hong Kong International Arbitration Centre (Lewis, 1996, P. 255). Appendix 4: Grounds for Termination (Frenkel, 1998) 1. Failure of a participant to make require capital contribution; 2. Failure of a participant to obtain necessary government approvals; 3. Failure of the venture to reach a pre-agreed level of profitability; 4. Management dead lock; 5. Failure of one partner to purchase the shares of another. (Buy-Sell agreement); 6. An adverse and debilitating change in the law; 7.Bankruptcy or insolvency of the Joint-Venture. In relation to IP even if there is a clear termination clause and licensing agreement relating to the breach for the use of IP and know how as mentioned before the general consensus in China is that licensed IP will be able to be used once the license agreement has ended by the licensee. This means that despite efforts to protect IP, there is still a possibility of a breach and this should be understood as China’s cultural view is different and they still have a developing legal system in relation to this problem. Appendix 5: Key Issues in Enforcing IP Law (Kennedy, G. amp; Clark. D, 2006) The key issues are: 1. Civil procedure law puts a strong burden on plaintiffs to prove their case. There are no rules specifically shifting the burden of proof if a plaintiff makes out a prima facie case. This can make it very difficult to prove that a high technology patent has been infringed, or a trade secret has been misappropriated. (Article 125, Contracting Law) 2. There is no discovery in civil proceedings. Parties are only required to submit evidence that assists their case. Without discovery, it can be extremely difficult to prove a case. Article 125, Contracting Law) 3. Oral evidence is very rarely accepted in civil proceedings (63 and 72 of Civil Procedure Law) – oral evidence of misbehaviour by an employee will thus be very hard to use. Appendix 6: Expected Growth of China Green Buildings (MOHURD, GCiS). Reference List 1. Austrade, 2012, Building Materials to China, Available at . Accessed on 22/10/2012. 2. Australian Business Forum (ACBW), 2012, China to Boost construction of Green Building. May 7th. Available at . Accessed on 23/10/2012. 3. Australian Law Reform Commission (ALRC), 2012, Duration of Patent Protection, Australian Government. Available at . Accessed on 25/09/2012. 4. Brandt, M. & Tomson, K. , 2012, Hong Kong's state and crown immunity: immunity for state-owned enterprises? 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Greguras, F. , 2007, Intellectual Property Strategy and Best Practices for R & D Services in China, Published by Compensation Law & Securities. 3. Hong Kong international Arbitration centre (HKIAC), 2004, Hong Kong International Arbitration Centre Home page. Available at . Accessed on 25/09/2012. 24. Jianhua, Z. & Williams, M. , 1998, Foreign Trade and Contract Law in China, Published by Sweet & Maxwell Asia Hong Kong. 25. Kennedy, G. & Clark, D, 2006, Outsourcing to China – Risks and benefits, Computer Law & Security Review, Volume 22, Issue 3, Pages 250–253. 26. Kluwer Law International, 2005, China Business Law Guide (First Edition), The Hague, The Netherlands. 27.Law of the People's Republic of China on Foreign-related Economic Contracts(FECL), 1985, Available at ; http://www. fdi. gov. cn/pub/FDI_EN/Laws/GeneralLawsandRegulations/BasicLaws/P020060620319304687511. pdf;. Accessed on 24/10/2012 28. Lewis, D. J, 1996, The Life and Death of a Joint-Venture in China. Asia Law ; Practice Publishing Ltd and Euromoney (Jersey) Ltd. Hong Kong. 29. Liesch, P. W ; McGaughey, S. L, 2000, An Unconventional Approach to Intellectual Property Protection: The Case of an Australian Firm Transferring Shipbuilding Technologies to China. Journal of World Business 35(1). 30. Massey, J.A. , 2006-2007, The Emperor Is Far away: China's Enforcement of Intellectual Property Rights Protection, Chicago Journal of International Law, 231 (7). 31. Nee, O. D. , 1992, Chapter in Joint-Ventures in East Asia: Legal Issues by Jacques Buhart, Graham and Trotman, London. 32. Norris, J. T. , 2011 – January, China Foreign Direct Investment: Greenfield, Mergers & Acquisition, Or Joint-Venture. The International Business and Economics Research Journal (10) (1). 33. Rules for Implementation of Chinese Joint-Venture Law (RICJVL), 1995. Available at http://www. asianlii. org/cn/legis/c en/laws/drftiotscjv805/.Accessed on 03/10/2012. 34. Smith, J. IP Protection in China – Practical Strategies (Second Edition), 1998, Asia Law & Practice Publishing Ltd and Euromoney (Jersey) Ltd. Hong Kong. 35. Srivastava, D. , 2002, Business Law in Hong Kong, Published by Sweet & Maxwell Asia Hong Kong. 36. Vanhonacker, W. R. , & Pan, Y, 1997, The impact of national culture, business scope and geographic location on Joint-Venture operations in China. Journal of International Marketing, 5(3): 11–30. 37. Wei, Yuwa, 2000, Investing in China: The Law and Practice of Joint-Ventures, The Federation Press, Sydney.

Friday, August 30, 2019

Zero Waste

Article – Nudging Recycling From Less Waste to None Talks about an antigarbage strategy known as â€Å"zero waste† †¦.. The movement is simple in concept†¦Ã¢â‚¬ ¦to Produce less waste. What is the zero waste? Zero waste that the entire concept of waste should be eliminated. Instead, waste should be thought of as a â€Å"residual product† or simply a â€Å"potential resource†. †¢ A residual product OR COMPOSTABLE ITEMS†¦.. Bioplastics like the forks (at Yellowstone) made from plant materials like cornstarch that mimic plastic, are used to manufacture a growing number of items that are compostable.For example, a polystyrene foam containers(Plastic plates, forks, cups,coffee cups) /AREBEING MADE OF CORNSTARCH- Corn starch is basically white flour made from corn. You can find it anywhere they sell regular flour. Corn starch is a starch or a starchy flour made from corn and used for thickening gravies and sauces. For example, ! (1)a city in California called Santa monica which bans the use of polystyrene foam containers, Yellowstone and some institutions have asked manufacturers to mark some biodegradable items with a brown or green stripe.SUCH AS THE PLASTICS THAT THEY SERVE US IN THE CAFETERIA ARE BEING MADE CORNSTARCH. When u throw away this kind of plastics and end up in the garbage landfills. After days of the sun hitting these things they rELEASE METHANE. when sealed in landfills without oxygen, organic materials release methane, a potent heat-trapping gas, as they decompose. If composted, however, the food can be broken down and returned to the earth as a nonchemical fertilizer with no methane by-product.Americans are still the undisputed champions of trash, dumping 4. 6 pounds per person per day While the U. S. shares only 4. 7 % of the total population in the world, we produce more 33% of the total waste in the world. About 97. 5% of the solid wastes produced by the U. S. are industrial, and 1. 5% are from hom es and businesses in or near urban areas (municipal solid waste). BUT this 1. 5 % is not as small as you would first think! The U. S. produces about 506 billion pounds of garbage every year.The amount doubled in the last 30 years. â€Å"This is enough waste to fill a bumper-bumper convoy of garbage truck encircling the globe eight times† (Miller, P369). We are producing an average of 1800 pounds of garbage per person every year. We are wasting more than any other countries in the world! In other words, we are ruining the Earth by wasting resources, polluting the environment, or destroying the ecosystem more rapidly than any other time in the history, and no one has ever caused more damage to the earth than the US has. BENEFITSSince waste is a sign of inefficiency, the reduction of waste usually reduces costs. For example, Hewlett Packard in Roseville, CA reduced its waste by 95% and saved $870,564 in 1998. Epson in Portland, OR has reduced its waste to zero and has saved $300 ,000. Interface, Inc. in Atlanta, GA has eliminated over $90M in waste. Xerox Corp. , Rochester, NY has had a Waste-Free Factory environmental performance goal since the early 1990s. The criteria include reductions in solid and hazardous waste, emissions, energy consumption, and increased recycling.Savings were $45M in 1998. A Zero Waste strategy improves upon â€Å"cleaner production† and â€Å"pollution prevention† strategies by providing a visionary endpoint that leads us to take larger, more innovative steps The vision of Zero Waste can be seen as a solution to these needs and a key to our grandchildren's future. Zero solid waste, zero hazardous waste, zero toxic emissions, zero material waste, zero energy waste and zero waste of human resources will protect the environment and lead to a much more productive, efficient, and sustainable future.Zero Waste promotes not only reuse and recycling, but also, and more importantly, promotes prevention – designs that consider the entire product life cycle. These new designs will strive for reduced materials use, use of recycled materials, use of more benign materials, longer product lives, repairability, and ease of disassembly at end of life. A Zero Waste strategy is a sound business tool that, when integrated into business processes, provides an easy to understand stretch goal that can lead to innovative ways to identify, prevent and reduce wastes of all kinds.It strongly supports sustainability by protecting the environment, reducing costs and producing additional jobs in the management and handling of wastes back into the industrial cycle. A Zero Waste strategy may be applied to businesses, communities, industrial sectors, schools and homes. (2)new San Francisco ordinance requiring residential and commercial building owners to sign up for recycling and composting services officially kicked on last Tuesday. but growing evidence already suggests that the law has had an impact.Since June, when the ordinance was signed into law, the amount of compostables collected from residents and businesses in special green-colored bins had jumped to 500 tons a day, according to Recology, the city’s waste collection company. San Francisco officials felt an ordinance making recycling and composting mandatory was needed to meet the city’s goal of diverting 75 percent of its already substantial collection of recyclable materials (the city has a 72 percent recycling rate, the highest in the nation) away from landfills by 2010.

Thursday, August 29, 2019

Cultural Diversity And Subcultures In The United States Essay

Cultural Diversity And Subcultures In The United States - Essay Example It is interesting to consider the process by which a subculture acclimates to life in the United States. Some may choose to hold fast to as many of their native values and traditions as possible while others may quickly forget who they used to be in exchange for adopting as American customs and value as quickly as possible. Still, others strive for that balance between being proud of their own heritage and accepting that they need to adapt to their new way of life in America. Much research has been conducted on this topic, particularly, in terms of how adolescents acculturate to American culture. Perhaps the two most dominant cultures forming a subculture in the United States would be those from an Asian culture and those of the Hispanic heritage. Since 1965, for example, there has been a steady increase in the number of Korean Americans residing in the country. They are predominately located in California and New York, forming their own subculture in many areas of Los Angeles and New York City, in addition to other pockets around the country as well. Koreans have very strong bonds with their family, and they have a strong sense of Asian values. Research has shown that they largely maintain these customs when living in America. Korean parents often teach their children Korean language, history, morals and general customs. As such, Korean youth is torn between accepting the values and mores of their host culture, while maintaining their strong Asian heritage that their parents are working so hard to protect. An interesting component of this is that South Korean has adopted many western values of their own, such as materialism that has made

Wednesday, August 28, 2019

-19 Coursework Example | Topics and Well Written Essays - 500 words

-19 - Coursework Example Juveniles are under the influence of their parents/guardians and the environment around them. They are not mature enough to differentiate between right and wrong and so, become a victim of what they acquire from their surroundings. So, rather than punishing them, it is wiser to provide them an environment where they can be shaped to become better citizens, hence the benevolence and rehabilitation centers. Punishing juveniles would give the juveniles a criminal tag which would be hard to remove. They would consider themselves as criminals and live a life based on it. The courts objective of making the society crime-free is better achieved by making juveniles responsible citizens of the state by providing them an environment where it would get easier for them to refrain from criminal activities. The most disagreeable difference between juvenile and adult court is denying juveniles the right to jury trials. This practice gives the judge the sole power to pass-on a decision. The judge enjoys extraordinary independence in reaching a decision as he/she does not have to take into account the views of the jury, as none exists. The chance of giving a wrong decision increases as human negligence and error are more likely to occur as decisions are made by one single person who is not assisted by the jury. Moreover, having a jury in place would show the juvenile the concern the society has for him. This would help him in realizing his responsibilities towards the society. To improve this difference, a jury trial should be mandatory for juvenile cases, not just their constitutional right. Not only would it benefit the accused, but it would also help the society in understanding the problems facing juveniles. Collectively, the society can come up with provisions to eradicate these problems. The Supreme Court decision in Re Gault drastically changed the juvenile courts. Do you agree with the decision and

Tuesday, August 27, 2019

Children with Parents Suffering from AIDS Essay Example | Topics and Well Written Essays - 500 words

Children with Parents Suffering from AIDS - Essay Example If the victim is a single parent mostly in females and there is no father around to help her things get even worse. If the drugs used by the mother are reason for her family to reject her than her relatives might not be willing to take the responsibility of her children. Moreover, the shame of the disease may cause families to keep the reason for the death of a parent as a secret and the children are isolated due to the disgrace. If they know the cause of the death they feel better not telling it to anyone even to their best friends and keeping it as a secret. The silence takes over them and as they are immature due to their age they might behave abnormally. When they find no way of taking out their anger or displaying grief they often start causing trouble in the school. Boys specially may start doing criminal activities. Some children or teenagers start to discriminate sex and drugs as though they are challenging the disease for what it did to their parents. This all can happen with children who have a parent that is dying due to aids or a parent who died because of aids. Children lose their confidence in themselves; the most inflicting thing on the brain of a child is facing such a harsh fact when he or she is in an age of adolescence. The children struggle to keep up with all their class fellows, they might start lacking behind in studies.

Monday, August 26, 2019

Crisis Management Essay Example | Topics and Well Written Essays - 1000 words

Crisis Management - Essay Example It consists of techniques of how to prepare for and respond to a negative events and it includes actions well-coordinated which will control the damage and preserve or restore public confidence to the organization. a) first, the leader should set with the help of his/her top management team, a crisis management plan which should be in accordance with the values and the philosophy of the organization and which identifies different levels of crisis in the organization. b) Create a crisis management team which will identify possible crises and develop plans, roles and responsibility for preparing and mitigating each of the crises. The leader should help this team in analyzing crisis by various attributes such as industry, location, process etc. From 1990 - 2007 , according to ICM, the white collar crime is still number one in the list of most common crises, followed by mismanagement, workplace violence, labor disputes and class action suits. The top executives are the ones that made the news in 2007 for mismanagement and white collar crime. Workplace violence recorded the biggest increase of any of the 16 crisis types ICM tracks. The types of crises that ICM tracks are the following: catastrophes, casualty accidents, environmental, class action lawsuits consumer activism, defects& recalls, discrimination, executive dismissal, financial damages, hostile takeover, labor disputes, mismanagement, sexual harassment, whistle blowers, white collar crime and workplace violence. It is impressive that product defects and recalls rise up to 44% over the year before. The most crisis prone industries in 2007 were: software makers, pharmaceutical companies, petroleum refining, natural gas companies, security brokers/dealers, banking,

Sunday, August 25, 2019

French Discussion (Choosing a cadidate for a job) Essay

French Discussion (Choosing a cadidate for a job) - Essay Example et culturels, comme  «Ã‚  Communautà © et Diversità ©Ã‚  !  Ã‚ », un grand projet annuel qui rà ©unit des politiciens, hommes daffaires, des personnalità ©s culturelles et des reprà ©sentants des plusieurs organisations non-gouvernementales pour un dialogue sur les problà ¨mes plus importants de la socià ©tà © comme la pauvretà ©, la violence et la discrimination, en proposant des solutions concrà ¨tes pour ces problà ¨mes et en donnant des fonds matà ©riels pour les solutionner. Il a des bonnes recommandations et il nous a laissà © une bonne impression aprà ¨s l’interview, parce qu’il est enthousiaste, à ©nergique, il dit qu’il aime le travail, en plus, il n’est pas marià © et il affirme qu’il peut donner tous son temps pour accomplir sa tà ¢che. En plus, ses connaissances d’anglais sont bonnes, il a prix des courses pendant trois ans. Le deuxià ¨me candidat est Mademoiselle Annette Girard, 22 ans, licencià © en gestion à ©conomique, spà ©cialisation entreprise, mais elle a fait des cours parallà ¨les pendant deux annà ©es pour obtenir une diplà ´me en administration touristique. Elle a fait parti de diffà ©rents projets culturels, parmi lesquels le projet europà ©en  «Ã‚  Discover the Culture  Ã‚ » (Dà ©couvre la Culture), qui a eu lieu en Lituanie pour deux semaines. En plus, elle a gagne le premià ¨re place dans le concours international  «Ã‚  The People Speak  Ã‚ » (Les Gens Parle), en consà ©quence elle a participe dans la confà ©rence internationale organise dans le sià ¨ge des Nations Unis à   New York- un dialogue sociale et culturel entre les jeunes reprà ©sentants de 13 pays. Elle est une personne dynamique et captivante et elle n’est pas marià ©e, donc elle peut consacrer tout son temps à   diriger le projet. Elle a travaille comme organisateur des à ©và ©nements dâ₠¬â„¢entreprise, mais elle a beaucoup d’expà ©rience en travaillant avec des personnes qui viennent des pays diffà ©rents. Ses connaissances d’anglaise sont trà ¨s bonnes, elle a le premier certificat Cambridge et des trà ¨s

Saturday, August 24, 2019

Kill 'Em Crush 'Em Eat 'Em Raw Essay Example | Topics and Well Written Essays - 500 words

Kill 'Em Crush 'Em Eat 'Em Raw - Essay Example McMurtry (1) only talks about the injuries and deaths that result from war and football. Another similarity, in this case, is that enmity is created between the rival groups, something that takes long to heal. Finally, both war and football are characterized by leaders, who cause commotion or incite others. War and chaos in football result from incitements from ring-leaders. McMurtry (2) says that their coach used normally admonished them to un-join their opponent through language elaboration of war so that they can attack their opponents. Those who rally support for war are similar to cheerleaders of a football team. Since the two always expect a win and never a defeat, they rally their followers to ensure that they win (McMurtry 2). Fans, just like war supporters, engage in stampedes to ensure that their rivals are also punished, though physically. Those who rally support for war, just like cheerleaders, start the problem by signaling their followers to believe how bad their rivals are; reason for their need to be punished severely. These two issues occur in the society and through respect and cohesive living; it is possible to prevent them. Half time ceremonies are comparable to a lull between battles in that, they give the key players time to organize themselves well. Further more, they give them time to strategies on the best ways of ensuring maximum defeat against their opponents. On the other hand, they are used to remind those involved how crucial it is to defeat the other side. Half time ceremonies give football players time to recover lost energy, just like lulls between battles. After these two, the participants come back in full force and energized to ensure they take the lead. Therefore, after studying the tactics of the rival, they use this time to apply the best mechanism for a win against the rivals. Other parallels between war and football

Friday, August 23, 2019

Architecture - Project Management - Exam Research Paper - 2

Architecture - Project Management - Exam - Research Paper Example Extra materials, damages which have been done, problems with labour and employment and other values can be estimated but the true value isn’t known until the project takes place. - Project Initiation: This consists of setting the vision and definition for a project. The end goal and achievements are set, such as financial changes, expectations and growth within the company. This stage includes both the inception and the feasibility. - Project Planning: This includes goals of how the visions will be used to achieve the end results with detailed planning. Resources that are needed and planning of various stages, milestones and other concepts are used at the planning phase. This includes strategy and pre – construction. - Project Execution: The goals and milestones are presented to employees and workers to build the project and to work through specific steps. The detailed planning is put into action, monitored and controlled so the project can be completed. - Project Closure: If the project didn’t work, it is evaluated for future prospects. If it is closed and completed successfully, then evaluations of what worked and what didn’t are stated. At this point, those working on the project can look at potential and future opportunities as well as growth through the project which has taken place. - Project managers can use the life cycle to monitor and assist employees at each stage. The most important phases for a manager are inclusive of the planning and execution, where goals can be communicated to the employees and monitoring of how the goals are reached can be looked at. This allows the managers to evaluate the end product while looking at future options. Group Collaboration: Organization of the employees and labour options for those working on the project. Vision of what needs to be done, daily maintenance assistance and overviews for organized collaboration. - Collaborative Programming and Scheduling: Engages main

Thursday, August 22, 2019

Evaluate the effectiveness of substitutes for leadership Essay

Evaluate the effectiveness of substitutes for leadership - Essay Example One type of these factors is that of substitutes, which comprise subordinate, task, and organization characteristics. Subordinate characteristics can reduce the need for a leader because their instructions are either irrelevant or do not add value to the workplace. If employees have prior experience or training, then they likely possess the needed skills and knowledge to perform a task without input from a superior (Yukl, 2008, p.236). One example of a profession that would make use of this is that of professional sportsmen. Once they are able to perform to a high standard of play, the effectiveness of a leader, or coach, lessens. What highly skilled people like this need is a type of manager to get them to perform to the best of their abilities consistently. Task characteristics often don’t require a leader simply because of the mundane nature of the job. Low skilled labor jobs are likely to make leaders ineffective because employees are able to guide themselves. Feedback may still be an important part of a job, but it is not necessary for a leader to do this. It may be that a technologically advanced system can judge an employee’s work, or peer review could provide feedback from fellow employees. The key premise to this type of substitute for leadership is that subordinates are able to follow instructions by themselves and are high motivated individuals (Yukl, 2008, p.237) Organizational characteristics also can be used in place of a leader because the organization as a whole is more efficient than one person. Once employees because used to a company’s organizational structure and daily work tasks, there are many things that can be completed without consulting top management first. Also, the concept of team work can be enhanced so that group discussion can occur horizontally rather than vertically. Despite the number of leaders decreasing, the initial concept of what a leader was

Examination Hall Essay Example for Free

Examination Hall Essay Others, who may have studied through the year but the paper has been a disappointment to them, are seen as though struggling with their memories and scratching their brains. This they seem to be doing in the hope as if, by scratching their heads, information about the questions in front of them may pop out of their heads. There is here, in the hall, still another category of students who have trifled with their studies all through and thus probably expected nothing in the paper and also got nothing in their favour. Such students can be very easily spotted in the hall, within a few minutes of distribution of the papers. They just fidget with things as if that could help. Considering how important these three hours in the hall can be and really are, one does at times feel the absurdity of this method of judging the knowledge of students that they have acquired in the process of a year. After the whole year of 365 days, these three hours are going to fix the destiny of the student sounds really awkward. These three hours are, as if a tight rope walk for the examinees, or walking on a razors edge for, it is these hours which can and will make or mar the future of the student. Even though at the face of it these three hours in an examination hall appear to be a hoax of an examination system, it appears as though there is no other practical method of testing the knowledge of students that is of course a must.

Wednesday, August 21, 2019

Globalisation Effect On Unemployment And Economy Economics Essay

Globalisation Effect On Unemployment And Economy Economics Essay The ever growing impact of Globalization highly supported by the technological innovations on the global market, created new approach and understanding in the labour market. The restructuring of economic and corporate systems resulted of dismantling the traditional institutions, organizations and social protection, paving the way to further insecurity in jobs i.e. incomes for the exerted human power, not only in poor the countries, but in the rich and developed countries as well. The global competition among the corporations, the raise of the number of world inhabitants, technological contribution on production and services, moreover; the global economic issues, led to immense pressure on employers to adopt more flexible, non-standard labour policies with more and growing unwarranted work arrangements. To sustain in these turbulent waters, is the game of adaptation to the ever evolving social and economic uncontrollable macro environment. Since the old and new theory Survival of the fittest is still the most accurate, the only way for both employers and the employees to reach a win-win situation is through finding the perfect common denominator, through which an employee will secure his life and the employer his business. The right balance between the opportunities and threats will be by captivating advantages of opportunities and trying to avoid the threats. As an employer or employee, to survive this never-ending game, the opportunities are there to be seized. Through rapid changes and adaptations, common denominators can be innovated. The emergence and the impact of Globalization Technologys contribution The 21st century is guided by a new era in enterprises ongoing quest for increasing profit through a significant competitive advantage over the rivals. For the first time in history, we can now claim to live in One World. Globalization has removed many of the gaps that have existed between and among nations. While the physical divide is still present, the impact of the Information Highway on how we communicate and live in the present day is simply staggering. Through globalization, cultural exchange is now open and dynamic. Economies have also been merged, with the economic life of an Asian country affecting other nations in other parts of the world, and vice versa. Rapid improvements in information technology have allowed us to exchange information and communicate almost everywhere, anywhere, and anytime. The nature of business and how it is done had also improved by leaps and bounds all because of globalization. MNCs as tools for globalization Since technology is the main driving force of globalization, MNCs struggled heard to monopolize it. From the invention of the machines, then the aviation industry to the invention of the internet they all served as means for dominance. Just the nature of the tool varied from the hard to the soft power. The symbols of the modern soft means i.e. IMF, WB, internet, language, International business laws and regulations, WTO etc. are the humble servants of the Economic and Financial might of MNCs. These facts led the Big Brands to be the synonym of globalization. The global markets and the labour force These breakthroughs in communication have revolutionized business, commerce, and even the personal lives and relationships of millions of people. Indeed, globalization has produced a new age of connectivity in culture, society, economy, social life, technology, and politics. Globalization, as a general term, is best understood as the spread of ideas about the environment, democracy, human rights, and less complicated issues like fashion and fads. The mass marketing of computers and the wide availability of Internet services have brought many parts of the world together, as if we are all rush on a single pattern or web of daily life. Countries today do not just export raw materials or the usual projects. Global exchange is now taking place as the market of ideas, manpower recruiting through the use of technology. Because of the electronic media, vast amounts of important personal information can reach any parts of the globe in no time. Business establishments, whether big or small, are using the Internet in many ways to build or expand their companys recruitment system through their website or through mediators. With the ever improving technology, new labour markets blossom, high demand for cheap labour, and also greater competition. Making investments in information and communication technology is now a must for any business enterprise. Globalization and the Internet have created many advantages for organizations around the world. This advantage can be utilized while avoiding many business or geographical obstacles by using Internet properly. Employment and globalization For many, globalization is equated with economic interdependence. At the dawn of the 21st century, the scale and magnitude of global economic interaction appears to be unprecedented. The volume of capital flows far exceeds that of the past. The developing world, too, have increasingly become a part of global trade and capital flows. Contemporary patterns of economic globalization suggest the emergence of a new international division of labour. In short, the world has reached a stage in which one can meaningfully refer to one global economy. The question is whether globalization processes have reduced or exacerbated wealth inequalities  within developed countries and developing  ones. While markets will produce winners and losers, liberals argue that the openness accompanying globalization will benefit all. Others see the potential to produce widening disparities. The short answer is that the effect of globalization has been both positive and negative and is dependent on a range of domestic and international factors. Extensive evidence also exists to support the claim that economic interdependence is related to more peaceful relations. States, for example, that trade more with each other are less likely to go to war. The direction of the cause is less clear, however. In other words, does greater trade lead to peace or does peace lead to greater trade? The greater ties from interdependence have been argued to lead to both greater cooperation and conflict. The relationship is, in fact, most likely nonlinear. Variations of the working methods and the Human Recourses Competitive advantage and the competitors Competitive advantage can come in one or combination of the following factors where labour force has very significant role in almost every one of them: Price, Experience, service, Quality, Location, Customer service oriented. The better your business performs against one of these factors, the more likely you are to succeed. Being the low cost provider of a good or service can be a quick path to gaining more business or market share than your competitors. The more efficient firms labour force is the more are the chances to compete in this category. Certainly a firm will need a lower labour, materials or overhead cost, because an organization may find that their competitors are willing to cut prices in response. After all no one can expect that a competitor will let the rival take their customers away without a fight. So if an organization is willing to go down this path it would be better to be certain that they truly do have lower costs, supported mainly by low paid employers or specially arranged non-standard forms of employment. Service can also be serious differentiator and competitive advantage. If a firm can respond quicker, get it done quicker, or get there sooner, customers may prefer it over the competitors even though it costs them more. Yet; these maneuvers heavily rely on well experienced dynamic workforce who will create the much needed differentiation alongside the existing processes and the procedures. Quality is important in almost every industry. Customers do not like to pay good money for work that has to soon be redone or have to purchase a new unit that fails prematurely. Most products are somewhere in between the super and bad quality and the astute business person will seek to produce the highest quality within his means. This detail is also highly related to the workforce and its ability to create quality business with the least cost possible. Over the long term producing higher quality is almost always less expensive as organizations dont have to deal with as many returns, or as much scrap, or rework. Location can also be a competitive differentiator. If a firm best suitable location in town, then people will have buy from you unless they are willing to drive longer distances to get it. Getting the goods or the services to the customers by certain delivery employees is a kind of location based selling. Prices might be higher than normal but not so high that people refuse to buy. If firms distant service competitors charge for travel time, other things being equal, organizations can charge more money but not so much more that it pays the customer to use competitors products or services. Customer Service base can also be a competitive advantage. Something is highly related to the employees and their attitudes towards the customers, even if this will cost the firms the cost of training and developing such employees. So what if you are a little more costly, or even a little slower? Most people hate change. The prospect of needing to invest the time and energy to build the necessary trust with one of firms competitors can be a real deterrent. We live in a changing world. New competitors with better products or service arrive on the scene almost daily. When demand for firms product or service slacks or increases, it is highly related to the workforce. It is true that the overhead cost, product quality and the price has their significant role, yet the core of these will remain the workforce who are the most significant determines of organizations competitiveness. Standard employment and Nonstandard form of employment. Nonstandard form of employment is usually defined in negative terms in contrast to so-called standard employment. It is, a category that includes relatively varied forms of employment, and these need to be explicitly differentiated in a detailed analysis. The standard employment terms are more or less the same in different countries, moreover they are identical in most common markets like the GCC, organizations do not utilize any part time employees as per the GCC labour law, an employee can only work and operate in companies that sponsor work permitresidency. However companies extend the service of special consultants that work on projects basis. The standard employment is mainly characterized by the following features: Full-time employment with an income sufficient for survival, Permanent employment contract, Integration into the social security system (particularly health and pension plan), Work relationship and employment relationship clarified, Employees subject to direction by the employer. For the functioning of the labour market it is significant that compared with typical forms of employment, whatever their differences, increases the potential flexibility of businesses and, to some extent also of the employees concerned. Nonstandard form of employment deviates from in terms of at least one of the standard criteria: Part-time work, with regular weekly working hours less than under regular contractual level and pay reduced accordingly. Marginal employment, which represents a specific variety of part-time work defined in terms of payment below a certain level. Mini jobs, employees are paid according to hours of service theyve exerted. Limitation of weekly working hours to a maximum amount has been abolished. Fee basis/freelancers, based on experience, internships. Agency work, which is different from all other forms because of the tripartite relationship between the employee, the agency and the company hiring the worker. This peculiarity results in a differentiation between the employment relationship (between the agency and the employee) and the work relationship (between the company and the employee). Self-employment is intended to replace the traditional freelancer category (for example lawyers or doctors even merchandisers), It is not always easy to differentiate between employment and self-employment as the lines between the two can be rather fluid. The workforce and the employment market Individual features can appear in combination form thus, for example, agency workers or part-time workers can at the same time have a fixed-term employment contract. The constant and the obvious are the ever growing bargaining power of the employers due to vast amount of labour supplied and the scarcity of jobs offered. The fearful part is the gap that is steadily and constantly growing between the two. Among many reasons these points could shed the light upon the most significant: Population growth. Production industry is shrinking worldwide except for China and Germany. World economic crisis. Technology Urbanism These major macro aspects are among the most significant factors that are widening the gap among the employers and the employees resulting in high unemployment rates. Moreover; they are creating new unconventional means of employment which usually benefit the employer. Future of Non-standard forms of employment The profiles of a typical forms of employment not only generate the above problems during an individuals working life (above all in terms of income, employability and employment stability), but also creates significant long-term problems in terms of social security. The consequences go beyond the labour market and affect individuals post-work lives, with a considerable impact on social security, especially pensions. In welfare states, such systems are very much focused on working life and strictly linked to the criteria of standard employment (financed through contributions of employers and employees and based on the principle of equivalence). Analysis of the resulting social problems renders the traditionally strict demarcation between labour market and social policy obsolete. Any approach to reform requires integrated solutions. The accumulation of social risks means that, compared to people in standard employment, those in a non-standard employment are more likely to be only on low wages (due to advanced age) and are therefore more often in receipt of governmental or social organizations welfare. The analysis of macro environment as for the organization The macro environment of the organization is the uncontrollable part of external forces that might affect the vision and the strategy of any organization. The macro environmental elements which mainly consist of Political, Economic, and Social, Technological, Environmental and Legal (PESTEL) aspects and forces might affect the organization either positively or negatively in the growth era of non-standard forms of employment. The positive effects will be considered as opportunities and the negative ones as threats. Opportunities: The non-standard form of employment will open the doors for the new blood from the same or totally new workforce market to pour in the organization; this will bring in the new knowledge, new ideas and innovations a new and dynamic approach to the conducted business. The result of flexible working hours will add efficiency to the production and the outcome since the old boring 9 to 5 system does not exist in the non-standard form of employment. The twenty-first centurys organizations are shifting from communality to diversity to increase dynamism and innovative thinking system among the employees. The high level of shifting hours where lot of employees will leave the job at certain hours and come back later on wouldnt be achieved if advanced IT systems and software didnt exist, since its almost impossible to calculate the total working hours of each employee and calculate the payments accordingly. This whole flexible workforce structure will reduce the labour cost of the organization. For example, instead of paying overtime for working during the night, replace those employees with another who can and willing to work at nightshifts. Furthermore, the organization will save vast amounts of retirement pension funds which will remove a heavy burden from the companys shoulders. The reduction of the labour cost will provide a major competitive advantage for the organization which will lead the competitors to adopt the same strategy. New Strategy, new blood, new technical and IT know how, along with talented educated dynamism from both sexes and innovations that they will add to the organization will be considered as major opportunities for any given organization, especially when theyll have an weaponless army of employees not registered in any form of labour unions etc. since they are not the conventional (standard) form of employees. Threats The non-standard form of employment will spread quickly due to the competition among the rivals; this will result to certain instability in the economy and therefore economical fluctuations. These facts will lead to inevitable inflation to the economic system resulting raise in wages (working hours honorary), therefore rise in rents and expenses so the sequence of the vicious circle will be inevitable, backfiring on the organization in itself. Laws and regulations plus the labour unions who will lobby against the non-standard form of unemployment will be considered a major threat for an organization where in most countries especially in the GCC countries the employment should be on the standard basis, since any employee will be registered under the name of a specific kafeel (Guarantor: could be the organization or the name of the business owner) and where very strict universal and local laws are imposed on the employers especially what concerns the human rights or juveniles related issues. The most threatening fact will be the employee high turnover rates within the organization which will result mainly of knowledge loss i.e. losing knowledge out of companies, moreover; increased turnover triggers diminished effectiveness in corporations. High turnovers will cost companies large amounts of money to recruit new ones (Advertising, mediating agencies, the time for hundreds CVs screenings, selecting, interviewing etc.) while retaining employees through incentives and trainings will cost much less. Such means can be used to cut attrition and increase retention numbers. Working hard at keeping employees through learning and development, retention and persistency rates, an organization not only will cut attrition, but also theyll build a priceless vault of knowledge and loyalty towards the organization. Synopsis: Opportunities Threats New workforce market Cheap labour Competitive advantage More effective production New blood, new know how Diversity Technology and IT Experience / Know how Strategic Imperative (must) High / selected competencies Flexible working hours No Labour unions / home restrictions Gender balance (if applicable) Production and incentives No retirement / pension problems No aging workforce Inflation Raise of wages Rents and inflation Social issues Political issues War Economic crisis Laws and regulation Shared knowledge and experience Less loyal employees Money based relationship Labour unions Human rights / juvenile Reputation Very high labour turnover rate The analysis of macro environment as for the individual The fact of the rise of non-standard forms of employment is considered to be at the macro environmental level of the individual where the uncontrollable several external forces are affecting the plans and life of any person. As discussed previously, the macro environmental elements which mainly consist of Political, Economic, and Social, Technological, Environmental and Legal (PESTEL) aspects and forces might affect the individual either positively or negatively. The positive effects will be considered as opportunities and the negative ones as threats. Opportunities: The non-standard forms of employment will open new horizons as for the individual where he or she might find a chance of being hired to a certain job or position that wasnt handy before, the odds are bigger since the constant change in the workforce at any given organization will increase the probability of job vacancies. Mostly in the underdeveloped countries and due to high levels of unemployment, chances of being hired are scarce and where nepotism and interventions are the only recruiting factors, individuals find fairness and equal chances for being hired through non-standard forms of employment. Usually when hired by non-standard forms of employment higher (per hour compensation) than fixed wages are expected even if the paid amount is considered cheap labour (effective) as for the hiring organization. The real challenge will be extending as much as possible the hours of being hired. Flexible hours will create the chance and the opportunity for the employee to be able to pursue another interest during or after the traditional 9 to 5 working hours. An employee could continue his / her education at the university, or pursue even higher education if possible. Time flexibility will allow the employees to spend more hours with their families or look after a hobby they like. Technology is considered an opportunity for many employees where the job could be accomplished without or by minimum physical presence at the office. Thanks to the technology virtual offices can easily be setup among employees hundreds of kilometers apart. Even traveling to host/home countries for short period of time is possible due to active, dynamic and low cost communication means. Any task could be accomplished within two days for example and the employee could return to his office and continue the job after a while. This would have never accomplished if there wasnt this technological breakthrough. One of the most annoying aspects for the new recruits especially for the fresh graduates is obtaining experience, mainly where there are high unemployment rates and starting a career is a hard task to be achieved. With non-standard forms of employment, chances will be granted for the fresh graduates to acquire working experience even for short period of time. This will allow them to look for the next vacancy empowered with a certain experience theyve acquired, levering their chanced to be reemployed. It is obvious that being involved and living with active job demands will increase the standard of living for any individual and his/her family. The higher the income generated will be resulted in higher spending due the high potential of the disposable income. Furthermore with the help of non-standard form of employment the employee might have the chance of being promoted and he/she might be invited on the same basis to operate on the other outlets due to the expending strategies that their organization might adopt, or be invited to help a franchisee to inaugurate certain tasks. Non-standard form of employment offers variety of experiences to the employees due to the fact that they will experience several types of carriers during their productive life span. The versatility acquired by the employees will increase the chances of being rehired since the adaptive attitude that theyll foster will be considered added value to the new recruiting organization. Threats The most dominant threat as for the non-standard form of employment will be the retirement where the dynamism of youth will diminish gradually and the chances of being employed will decease. This will add immense pressure on the individual therefore the society will be effected and eventually the state. The constant fear of the absence of safe and steady income will push the employee to a certain austerity measures on his/her spending, therefore consumers spending index will decrease resulting a standstill or slowing the markets normal cycle, which in itself will create a hassle in the marketplace resulting in more job cuts. Furthermore countries economical system is balanced upon the spending power of the population backed by the banking system through micro or medium loans. These loans are hypothecary i.e. based on certain guarantee to the bank, which in most of the cases are, the fixed salaries presented to the banks through certain documents which are approved by their organization. Technology and new machinery are spreading like the fire in the woods; this will affect the job market resulting raise in the unemployment figures, especially for low competency based positions. Uncertainty, lack of income and unconventional working hours will surly affects the lifestyle of any individual especially on those who have a family. On the long run such occurrences will have its devastating consequences on the social structure of that country, which in itself will backfire of the whole economy. Any kind of riots or wars will result a total standstill of the income in case of non-standard form of employment due to the fact that is based on the hours spent in job. The greed of employers could lead to exploitation of the employees by several means. One of the most famous among them is the so called trial period, where the employee agrees to be testes on job for an unpaid certain period of time. The result could be the extension of this period or the employer keeps testing employers for two moths then another employee for another two months and so on. This whole non-standard system will definitely alter the unemployment rates where lots of people will be considered as employed, which in fact they are not. The frequent change of the employees due to the fact that they can be easily substituted will result in total change in organizations values and personnel attitudes where the factor of loyalty will be considered an obsolete theory. Synopsis: Opportunities Threats New Job opportunities Equal and fairness Higher per hour / wages More flexibility / freedom Technology/ Communication means Transport and low cost airlines Learning curve and experience Constant demand of new recruits Career path in various organizations Raise the standard of living Franchising, expansion Versatile employee Retirement and pension No more safe and continues Income Technology new machinery Cultural identity Family issues War and riots Exploitation / misuse Unemployment real figures Values and attitudes Easily substituted Conclusion The global turbulent economy affected widely by the globalization factors and theories, sharpened the competition reducing the profit margins. Moreover, because of the greater employment risk and/or the short periods of employment involved, when they lose their jobs. The differences between agency workers and those in standard employment are particularly striking, with the exception of those on marginal wages. After getting job-less approximately one agency worker in two receives the lower Type 2 unemployment benefit, whereas the figure is only one in seven in the reference group. The main reason for this drastic difference is the fact that the previous period of employment subject to compulsory social insurance was not of sufficient duration. In addition, any claim to Type 2 unemployment benefit presupposes that savings above a certain threshold are first used for the purpose of subsistence. In these circumstances the greater degree of individual responsibility for old age provisions demanded of employees becomes unfeasible. What is relevant in the long term in both individual and collective terms is the insufficient integration of such individuals into the pension insurance system. The low levels of contributions made as a result of long periods of part-time work or an entire working career spent on mini-jobs but also unemployment after the expiration of fixed-term jobs results in individuals only having a claim to pension benefits that are inadequate for subsistence purposes. The changes that have occurred in types of employment increase the risk of poverty in old age for the individuals concerned. For years, this issue was regarded as having been solved in Germany, but it could re-emerge in the future unless appropriate measures are taken. And from a collective point of view, the necessary top-up transfer payments represent a considerable drain on public budgets and bring with them the risk of gradual erosion of the basis for contributions.

Tuesday, August 20, 2019

Ashok Mehta Committee

Ashok Mehta Committee The Committee commands that community development would solely be deep and enduring once the community was concerned within the coming up with, decision-making and implementation method (GOI Report, 1957) .The suggestions were for as follows: AN early institution of elective native bodies and devolution to them of necessary resources, power and authority, The essential unit of democratic decentralization was at the block / samiti level since the realm of jurisdiction of the native body ought to neither be overlarge nor too tiny. Such body should not be strained by an excessive amount of management by the govt or government agencies, The body should be planted for 5 years term by indirect elections from the village panchayats, Its functions ought to cowl the event of agriculture altogether its aspects, the promotion of native industries et al. Services like beverage, road building, etc., ought to be provided by Dr. and The upper level body, Zilla Parishad, would play AN consultatory role. The committee counseled the institution of three-tier panchayet bodies The structure envisaged enclosed directly elective panchayet for a village or a gaggle of villages, AN government body referred to as panchayet Samiti for a block with directly elective ANd co-opted members and an consultatory body, Zilla Parishad, with AN ex-officio member from the lower tier and therefore the District Collector because the chairman. it had been left to the states to just accept and affect the recommendations of the committee as per the stress of the case. Consequently, solely a couple of states established PRIs. Ashok Mehta Committee In Dec 1977, with the modification of presidency at the central level, the Janata party Government appointed a committee on Panchayati rule establishments below the post of Ashok Mehta. the intense review was taken of the weaknesses within the functioning of Panchayati rule. the main target was on the removal of rural economic condition and state. The government resolution during this respect reads ‘the government accords the very best priority to rural development therefore on increase agriculture production, produce employment , eradicate economic condition and produce regarding all spherical improvement within the rural economy. The Committee, when having a close study of the succeeding phases of panchayati rule, finished that the grass root establishments area unit grasses while not roots and a caricature of government and created the subsequent recommendations: The district could be a viable social unit that coming up with, co-ordination and resource allocations area unit possible and technical experience offered, PRIs as a two-tier system, with Mandal panchayet at the bottom and Zilla Parishad at the highest, The PRIs area unit capable of designing for themselves with the resources offered to them, District coming up with ought to pay attention of the urban-rural time, Representation of SCs and STs within the election to PRIs on the premise of their population, Four-year term of PRIs, Participation of political parties in elections, Any monetary devolution ought to be committed to acceptive that abundant of the biological process functions at the district level would be contend by the panchayats. The states of province, Andhra Pradesh and province passed new legislation supported this report. However, the flux in politics at the state level failed to enable these establishments to develop their own political dynamics. G.V.K. Rao (1985): In 1985, the G.V.K. Rao Committee was appointed to all over again consider varied aspects of PRIs. The Committee was of the opinion that a complete read of rural development should be taken during which PRIs should play a central role in handling peoples issues. It created the subsequent recommendations (World Bank, 2000): PRIs ought to be activated and given all the specified support to become effective organizations, PRIs at district level and below ought to be allotted the work of designing, implementation and observation of rural development programmes, and The block development workplace ought to be the neural structure of the agricultural development method. L. M. Singhvi Committee (1986): L. M. Singhvi Committee was shaped in 1987 for reviewing the functioning of Panchayati rule establishments. It counseled the reorganization of villages for making viable Gram Panchayats. The committee powerfully counseled that bigger monetary resources be created offered to those establishments. It opined that the Gram Sabha ought to be thought of because the base of a suburbanised democracy. most significantly, it counseled that native autonomy ought to be constitutionally recognized, protected and preserved by the inclusion of a replacement chapter within the Constitution. After the Balwantray Mehta study team reported , legislation was enacted in many nations except among the state of Meghalaya and Nagaland and UTs of Lakshadweep and Mizoram. Keep with the committee originated by the planning Commission that reported in 1985, a three-tier system exists in four states and a couple of of union territories. system along differs from state to state. In terms of structures, electoral procedures, powers and functions, theres a considerable selection among the council establishments adopted by the states. There are, today, quite 217300 village panchayati among the country covering over ninety six of concerning five.79 lakhs thickly settled villages and ninety two exploit the agricultural population of our country. theres a unit a concerning 4526 panchayet samithis of various terminologies at the block, Taluka or Tehsil level. There area unit a unit a concerning 330 ZilaParishads covering concerning seventy six of the district among the country; every ZilaPar ishad has on a mean thirteen to fourteen panchayati aim this and concerning 660 Gram Panchayati. Though there area unit unit aviations from state to state, it need to be generally declared that the functions entrusted to panchayati embody village roads, community wells, and maintenance of public parks, tanks, irrigation works, public hygiene, drainage, and varied civil services. In some states, area along answerable for primary education and square measure entrusted with functions regarding rural industries, primary health care, medical relief, women and kid welfare, maintenance of common grazing grounds and varied community funds and properties and provision of inputs of agricultural production. The extent and tempo of the involvement of panchayati establishments in basis developing with and implementation of development comes is besides subject to wide variations from state to state and even inside the states. Most panchayati establishments seem to suffer from grave insufficiency of resources that sometimes devolve upon them from assignments among the land revenue and water ra te and varied grants by the state governments; in some cases revenue comes from duty and assignment of forest revenue. style of the panchayati establishments along derives gain from taxes on building and non-agricultural lands or from surcharge on tax on transfer of stabile property. Variable in terms of yield, however not unimportant among the lives of Indians in rural areas, there area unit a unit a native taxes, fees, cases, tolls, license fees and varied similar levies, on trades, industries, facility, sanitation, lighting, markets, bazars, and hats, rest homes, bus stands, cart stands, vehicle parking animals, bovine ponds, fish ponds, slaughter homes, ferries, bridges, bovine grazing lands and business crops. The list of subjects on that levies would possibly even be created might not seem to suffer from brevity however the aggregation of yields and collections do suffer from chronic insufficiency notably among the context of the responsibilities that unit of activity or ought to be entrusted to Panchayati dominion establishments and their very important relating the standard of life in our rural areas.29 1.1.7. A Minisrty for panchayet Raj: The union ministry of panchayet rule (MoPR) was established on twenty seven might 2004 to specially take care of the implementation of the availability of 73rd Constitutional change Act 1992 and speed up the method of devolution to PRIs. The ministry has disbursed varied capability building programs, conducted analysis and evaluations and instituted rewards schemes to market devlotuion. The MoRP conducts 2 annual freelance assessment of the progress of regime on this roadmap – the state of the panchayet reports and therefore the calculation of devolution index for the panchayet direction and responsibleness strategy. This theme has been introduced in 2005-06 to encourage state governments to induce bigger devolution of powers to panchayats. 1.1.8. Functions of Grampanchayat: below the article 243-G of the Constitution of Republic of India, the powers, authority and responsibilities of Panchayats area unit explained. Subject to the provisions of the Constitution, the assembly of a State might, by law, endow the Panchayats with such powers and authority as could also be necessary to modify them to operate as establishments of autonomy and such law might contain provisions for the devolution of powers and responsibilities upon Panchayats at the suitable level, subject to such conditions as could also be such in that, with respect to: a) The preparation of plans for economic development and social justice; b) The implementation of schemes for economic development and social justice as could also be entrusted to them together with those in relevancy the matters listed within the Eleventh Schedule. Sections seventy five to eighty three area unit regarding the panchayet rule establishments, during which section seventy five, 79, 80, 81, eighty two and eighty three area unit coping with the Gram panchayet. wherever as section seventy six deals with the functions of panchayet Samiti, section seventy seven deals with the functions of Zila Parishad and section seventy eight deals with the powers of the regime on the functions of Panchayats. (A) Main Functions of Gram panchayet (Section 75) – Subject to such conditions as could also be such by the govt from time to time, the Gram panchayet shall perform the functions such below: (1) General functions (i) Preparation of annual plans for development of the panchayet area; (ii) Preparation of annual budget; (iii) Organizing voluntary labour and voluntary contribution for community works; (iv) Removal of encroachments on public properties; (v) endeavor relief work throughout natural calamities; (vi) Maintenance of essential statistics of villages. (2) Agriculture, together with Agriculture Extension (i) Execution of plans for development of agriculture and horticulture; (ii) Execution of plans for reclamation of wasteland; (iii) Development and maintenance of grazing lands and preventing their unauthorized alienation and use. (3) Cooperation with Government and therefore the panchayet Samiti in exploitation, land reclamation and land conservation works. (4) Implementation of minor irrigation, water management and water coverage development plans. (5) husbandry, dairying and poultry (i) Implementation of schemes for improvement of breed of Bos taurus, poultry and alternative livestock; (ii) Implementation of the theme for promotion of farm forming, poultry and farm. (6) Fisheries Implementation of theme for development of fisheries in villages, (7) Social and farm biological science (i) Plantation and preservation of trees on the edges of roads and alternative public lands below its control; (ii) Implementation of social and farm biological science schemes; (iii) Plantation for fuel and implementation of schemes for fodder development. (iv) Polishing off of programme for development and promotion of sericulture. (8) Minor forest manufacture (i) Providing for assortment, processing, storage and promoting of minor forest manufacture. (9) Khadi, Village and bungalow industries (i) Implementation of schemes for development of village and bungalow industries; (ii)Making schemes for development of agricultural and industrial industries and implementing them; (iii) Organising awareness camps, seminars and coaching programmes, agricultural and industrial exhibitions for good thing about rural areas. (10) Rural Housing (i) Implementation of rural housing schemes; (ii) Distribution of house sites inside its jurisdiction; (iii) Maintenance of records concerning building sites and alternative personal and public properties. (11) Beverage facilities (i) Construction, repair and maintenance of public wells, ponds and hand pumps for beverage, laundry garments and bathing; (ii) Taking measures for hindrance and management of water pollution; (iii) Conducting and maintaining rural facility scheme; (iv) Management of water sources. (12) Roads, buildings, bridges, culverts, water ways that and alternative means that of communication (i) Construction and maintenance of rural roads, drains and bridges culverts. (ii) Maintenance of the building below its management or transferred by the govt or any public authority. (iii) Maintenance of boats, ferries and water ways that. (13) Rural Electrification (i) Provision for and maintenance of lighting public streets and alternative places; (ii) serving to rural electrification. (14) Non standard energy supply (i) Promotion and development of non- standard energy sources; (ii) Maintenance of community non standard energy sources together with bio gas plants; (iii) Propagation and content of improved ovens and alternative energy means that. (15) Economic condition alleviation programme (i) Promotion of public awareness and participation in economic condition alleviation programmes for economic condition and creation of productive assets; (ii) Choice of beneficiaries below varied programmes through Gramsabhas; (iii) Guaranteeing effective implementation and observation of schemes.