Sunday, October 6, 2019
Noise Pollution Essay Example | Topics and Well Written Essays - 500 words
Noise Pollution - Essay Example The management also should let their employees wear protection from noise to avoid hearing defect. Next is, they should have a specific noise peaks hours. Just like in the City of Bloomington, they imposed rules about noise control to take care the health and welfare of citizenry around its city. From parties to all amplified music are going to undergo with the noise control policy. If ever one breaks the policy will be subject to a 50 dollar fine or a charge of disorderly conduct. SITUATION B: Radon gas emits Alpha particles which may cause lung cancer if inhaled by an individual. Several friends of yours are purchasing a new home in an area where you understand that radon gas may be common. Radon is a naturally occurring radioactive gas produced by the radioactive decay of the element radium. It usually enters a house or building through openings in the ground, and its presence increases the risk of lung cancer. I'll advice my friend to conduct a radon test in the place where they will purchase a new home. This procedure will enable them to be much informed the level of abundance of radon in the place. B... If the house tests below 4 pCi/L most experts agree that there is a relatively low probability of significant health risk at this low level of exposure. However, we recommend retesting the radon levels once you move in, to verify this low reading.
Saturday, October 5, 2019
Compare and contrast three research strands and discuss what they Essay
Compare and contrast three research strands and discuss what they contribute to our understanding of ledership effectiveness - Essay Example The importance and the usefulness of leadership strategies depend upon the traits and characteristics of the managers which will help in increasing the organizational output and improving the existing managerial systems. Leadership helps in developing a positive organizational structure and solving complex organizational problems. It helps in addressing the basic organizational problems which would help in understanding complex interpretation of problems. Traditional theorist regarded leadership theories as an integrated approach which would help in the smooth execution of business activities and also attainment of goals and objectives (Pimentel, Kuntz and Elenkov, 2010). Later, the contemporary theorists regarded the theory instrumental in the attainment of goals and also the ability to influence the followers (Evans, 2003). The contemporary leadership theories believed that the present day employer employee relationship should be replaced by superior subordinate relationship instea d of a man servant relationship. The leadership theories constitute of various groups and the employees work together in unification towards the attainment of a common shared goal. These theories help the employees in providing and environment which would help in inspiring the employees by providing them with financial motivators like rewards, incentives, benefits etc. However, the contemporary theorist also believes that the leadership theories should enable the alignment of the organizational goals with their personal interests (Groves, 2006) Leadership functions enable the managers and the employees to attain their goals and objectives and also the development of strategies and directions which can increase the organizational outcome. The study will deal with various facets and dimensions of the leadership theories and its effectiveness. The author of the study will also give an insight into the impact of the leadership theories in varied managerial situations. The prime objectiv e of the study will also give certain highlights to the characteristic portrayal and the traits of the managers and its execution abilities. Finally, the study will conclude with the comparison between the traits, situational and transformational theories. Trait theory and its Implications In the earlier part of the twentieth century it was assumed by the theorists that the varied leadership characteristics and traits cannot be separated from each other. The individuals were largely influenced by leadership theories that focussed on the maintenance of the influential power of the superiors. According to the trait theory developed by the Ralph Stodgill in the year 1974 it was observed that the qualities of most of the leaders were directly associated with a definitive set of identified traits. The same set of identified traits will help in bringing cooperativeness and likeness among the employees of the organization. As per the theory developed by Shaw and Fraser in the year 1978 it was observed that the leaders tend to score high marks based on the ability, intelligence, relevance and verbal ability of the managers (A.G Canen & A. Canen, 2000).Traditional trait approach focused on the personality attributes of the managers and contributed to managerial effectiveness. Traditional theorists developing the traits approach believed that every manager should have a unique set of characteristics that would set it apart from the other managers. It was believed
Friday, October 4, 2019
The problem solution of rmg Essay Example for Free
The problem solution of rmg Essay Submitted to Institute of Governance Studies BRAC University Dhaka In Partial Fulfillment of the Requirement for the Degree of Master of Arts in Governance and Development (MAGD) Institute of Governance Studies BRAC University, Dhaka, Bangladesh November 2010 Declaration I hereby declare that I am the sole author of this thesis. I authorize the Institute of Governance Studies (IGS) and BRAC University to lend this thesis to other Institutions or individuals for the purpose of scholarly research only. I further authorize the IGS and BRAC University to reproduce this thesis by photocopying or by other means, in total or in part, at the request of other institutions for the purpose of scholarly research. Urmi Tamanna ID-07272026 MAGD Batch-2 IGS, BRAC University i Acknowledgement All praise and gratitude to Allah (The alone we worship, the alone we ask for Help). This is matter of challenge and enjoyment to do a research work in a supportive academic environment like IGS and BRAC University. Firstly, I would like to express my sincere respect to my supervisor Professor Iftekhar Ghani Chowdhury for his valuable guidance and unparallel support which makes me confident to work on this challenging issue. I had full support from my family; my husband, Insha and Taasin, Father, Mother, Sister and Brother. I also got tremendous support from Raihan and my other batch mates (BCS 21st and MAGD). I would thank Netherlands Government and BRAC University to study in the MAGD programme. Finally I show my sincere obligation and respect to the people of Bangladesh and the Ministry of Finance on behalf of Government of Bangladesh to allow me to study in this beautiful place and academic zone. ii Table of Contents Page No. Declaration I Acknowledgement II Table of Contents III-IV Abbreviation V Abstract VI Chapter One- Introduction 1-16 1. 1 Historical Development of Labor Law in Bangladesh 1 1. 2 Present Situation 2 1. 3 Workerââ¬â¢s Rights Situation 3 1. 4 Lack of Unionââ¬â¢s Legal Advisory System 3 1. 5 Professional Legal Support is Costly 3 1. 6 New Labor Code 4 1. 7 The Functions of Labor Union 4 1. 8 Labor Union in Bangladesh 5 1. 9 Industrial Relations Act, 2004 6 1. 10 Labor Union Activities in Bangladesh 7 1. 11 Trade Union Activities in RMG Sector 8 1. 12 Labor Union in EPZ Units 10 1. 13 The Situation during Caretaker Government 10 1. 14 ILO Directives 11 1. 15 Rationale of the Study 13 1. 16 Background of the Research 13 1. 17 Objective of this Research Work 14 1. 17 (a) Research Question 14 1. 17 (b) Hypothesis 14 1. 18 Methodology 14 1. 19 Sources of Data 14 1. 20 Analytical Tools Used 15 1. 21 Sample Size and Structure 15 1. 22 Limitations 16 1. 23 Structure of the Study 16 iii Chapter Two- Labor Outburst in RMG Sector of Bangladesh 17-21 2. 1Various incidence of labor unrest 17 2. 2 Small Beginnings of a Mass Revolt 17 2. 3 Containing Riots in the RMG Sector 2. 4 Conclusion 19 20 Chapter Three ââ¬â Literature Review 22-28 3. 2 Grievance of labor was the centre of the labor unrest 22 3. 3 Agreements with Garment Workers not honored 24 3. 4 Non implementation of minimum wage 25 3. 5 Lack of tolerance of the labor was reason behind that unrest 25 3. 6 Other interest Parties 26 3. 7 Labor legislation and labor unrest 26 3. 8 Unions and workers 27 3. 9 Issue which is not addressed 27 3. 10 Questionnaire 27 3. 11 Conclusion 28 Chapter Four Stakeholdersââ¬â¢ perception regarding labor union 29-39 4. 2 Issues that are Addressed in Questionnaire 29 4. 3 Overall Response 29 4. 6 Response of respondents from unaffected garment industries 33 4. 8 Response of respondents from affected garment industries Where Labor was Occurred 4. 9 Conclusion Chapter Five- Findings and Conclusion 36 39 40-43 5. 2 Lesson Learned 43 5. 3 Further Research 43 Reference 44 Appendix One ââ¬âQuestionnaire 45 Appendix Two-ââ¬â Brief scenario of RMG sector of Bangladesh 46-50 iv ABBREVIATIONS BEA Bangladesh Economic Association BGMEA Bangladesh Garment Manufacturers and Exporters Association BILS Bangladesh Institute of Labor Studies FDI Foreign Direct Investment GDP Gross Domestic Product LU Labour Union MFA Multi-Fibre Arrangement RMG Ready Made Garments EPZ Export Processing Zone v ABSTRACT Readymade Garments (RMG) is the main foreign exchange earning sector of Bangladesh. At the same time this labor intensive sector is very important to address the demands of occupation of a huge population. Reputation of this sector is high which underpins the success of this sector. But in recent times the growth and existence of this sector came under threat when this sector faced severe labor unrest. Due to the labor unrest there has been huge loss of production, and some of the factories were ruined by protesters, several laborers were killed, and lot of labors were injured and arrested. It is said that there were legitimate demand of the laborers which should have been addressed by the owners. But these demands were not addressed which created the grievance of the laborers. In course of time these grievance bolstered the unrest. On the other hand, some laborers were not sincere and honest to their job and responsibilities. These laborers involved themselves in the destruction of their own industries. While most of the researchers addressed the reasons of that unrest, in this research the probable solution of that problem has been addressed by collecting stakeholdersââ¬â¢ perceptions through questionnaires. It has been found that to address the grievances and to consider the limitations of the financial capacity of the owners a bridging mechanism, labor union, between laborers and owner is needed. Moreover, it was found that most of the respondents think that labor union can be used as a tool to mitigate the risks of labor unrest in RMG sector of Bangladesh. vi Labor Unrest in Bangladesh RMG Sector: Does Active Labor Union Reduce the Risk of Labor Unrest in RMG Sector? A Dissertation by Urmi Tamanna ID-07272026 MAGD Batch-2 Approved as to Style and Contents By Professor Iftekhar Ghani Chowdhury Supervisor Institute of Governance Studies BRAC University, Dhaka, Bangladesh November 2010 Labor Unrest in Bangladesh RMG Sector: Does active labor union reduce the risk of labor unrest in RMG sector? Chapter-One Introduction Introduction The readymade garments (RMG) sector, the single biggest foreign exchange earner in Bangladesh has come a long way in last two decades. The industry has crossed many hurdles to stay competitive. It has proved many predictions futile and wrong and competes fiercely even after the abolition of quotas under Multi-Fibre Arrangement (MFA) in the North American market and special market entry to European markets. The credit for that achievement goes primarily to the entrepreneurs and the laborers. But the relationship between these two major contributors has come into question and the industry is under severe pressure because of labor unrest. After the labor unrest of 2006 in several RMG units, the sector sustained a loss to the tune of US$60 million, Khan, S. (2007). The fact remains that trade unionism is virtually absent in the garments sector and when responsible labor movement is not given any chance, the consequence is indiscipline and chaos leading to a situation where the mob takes over. So the notion of the absence of labor unionism in the garments in most of the industries as a reason for widespread violence needs more research to reveal the reasons behind and offer possible policy solutions to the crisis. 1. 1 Historical development of Labor Law In Bangladesh In British-India industrialization paved its way during the last part of eighteenth century. Workers condition of work, environment was worst. That time the few labor laws existed in the sub-continent was not enough to protect the rights of the working people. Most of the labour laws we have inherited from British-India and Pakistani period. First labor law came in this subcontinent was Workers Compensation Act, 1923. Workers got their Trade Union rights after a long struggle under Trade Union Act, 1926. At the time of Pakistani period 2 separate laws was there, Trade Union Act ; Industrial Dispute Settlement Act, these 2 laws merge into Industrial Relation Ordinance, 1969. Major labor laws enacted in the year 1965, such as Factories Act, Shops ; Establishment Act, Employment of Labour (SO) Act. Later on, so many amendments made on labor laws. Moreover, separate rules were also enacted for 1 better implementation of the law. Bangladesh government set up a separate Inspection Authority to supervise and monitor the implementation of labor laws. 1. 2 Present situation Our labor laws are presently scattered in different statutes. In other words, labour laws are yet to be codified. The necessity of such codification had been felt by many since long. Besides, the existing labor laws suffer from some inherent flaws and require to be updated to meet the present demand of proper dispensation of justice. Actually we inherited the laws and the legal system of our country from British-India. The British enacted laws to primarily suit their colonial purpose. Now ours is liberated country and its outlook and demand have changed drastically. Therefore either the existing laws should be adequately amended or new laws be enacted, suiting the present demand of the society. Out of 44 statutes of our labor laws 2 are from the nineteenth century and another 13 from the between the beginning of twentieth century and the partition of the sub-continent in 1947. Another 23 statutes were enacted during the Pakistan period (1947-1971), the reset i. e. , six statutes have been enacted since liberation. These scattered laws need to be unified. Keeping this in view in 1992 a National Labour Law Commission was formed. The Commission opted for recommending the enactment of a Labour Code. The successions for a Labour Code, however, seem to have been shelved, at least for the time being. Nevertheless, occasional attempts have been undertaken to revive interest in the proposed Labour Code. The National Trade Union Leaders of the Labour Law Review Committee was reconstituted in August 1998. Earlier the International Labour Organization-ILO office in Bangladesh also submitted its comments on the Draft Labour Code prepared by the Commission. 7-member review committee has been formed by the government to re-asses the proposed Draft Labour Code. However, after the emergence of the new state of Bangladesh, no such initiative has ever been taken by any of the successive governments and the issue has always been given back seat by them. Surprisingly, the new recommended Labour Code, 1994 of the National Labour Law Commission is still awaiting governments approval and subsequent enactment. Without a complete Labour Code, to end the violation of workers rights will remain a far cry. 2 1. 3 Workers rights situation Workers rights are highly violated in the country. Mass people are not aware of the rights of working people. Even the policy makers are not that much concerned. Civil society shows negligence towards the rights of the workers. The Constitution of the country guarantees rights to organize but unfortunately there are so many restrictions to form and join Trade Union in several types of industries and areas i. e. Govt. Employees, Export Processing Zones (EPZ), Rural Electrification Board, and all types of security and confidential staffs, Security Printing Press, employees of education/research institutions, hospitals and clinics, NGOs, Army, Police etc. To meet the end of these violation and deprivation awareness should be raised among the workers themselves. Labor Union activists should be given more knowledge and power to build their capacity in collective bargaining and motivational activity. 1. 4 Lack of unions legal advisory system Due to multiplicity, in house union system, political tailing and lack of one single National Trade Centre, trade unions becoming weak day by day. Membership dues collection for union and rate of dues are very small size. Due to financial inability members are not getting so many services from the union. One of important service they required is to get legal advice at the time of facing grievance handling, preparing court cases, protection of their rights etc. At present union has no such legal advisory system. Bangladesh Institute of Labour Studies (BILS) can provide such services by establishing a small legal cell. 1. 5 Professional legal support is costly Legal advice and legal support is always a costly service not only in Bangladesh but almost anywhere in the world. Workers income rate are very poor, their social security scheme are also weak. Working class are always facing serious problem when they get some problem on their job. Workers jobs are always on risk. The employers have so much power to terminate 3 the job of workers. To face the legal court cases professional lawyers services they need but their services are very costly. Workers have no ability to pay for that. 1. 6 New Labor Code The countryââ¬â¢s constitution guaranteed all the fundamental rights of the citizen and every body are equal in the eye of law, irrespective of color, sex, class, profession and religion. Bangladesh is a member of ILO since 1972 and obtained membership of the UN in 1974. Though it has ratified 7 out of 8 core ILO Conventions the employers are use to ignoring the law. Most of the ratified ILO conventions are not fully implemented. The present labour law of the country should be updated; a complete labour code should be passed. A step was taken in this regard in 1994 and a labor code was proposed. Trade Union federations of the country made their recommendations and suggestions to make the code a complete document for protecting workers rights, but the government is still to pass the code. [BILS 2005] 1. 7 The functions of Labor Union A trade union or labor union is an organization of workers who band together to achieve common goals in key areas such as wages, hours, and working conditions, forming a cartel of labor. The trade union, through its leadership, bargains with the employer on behalf of union members (rank and file members) and negotiates labor contracts with employers. This may include the negotiation of wages, work rules, complaint procedures, rules governing hiring, firing and promotion of workers, benefits, workplace safety and policies. The agreements negotiated by the union leaders are binding on the rank and file members and the employer and in some cases on other non-member workers. These organizations may comprise individual workers, professionals, past workers, or the unemployed. The most common, but by no means only, purpose of these organizations is maintaining or improving the conditions of their employment Over the last three hundred years, many trade unions have developed into a number of forms, influenced by differing political and economic regimes. The immediate objectives and activities of trade unions vary and include: 4 â⬠¢ Provision of benefits to members: Early trade unions, like Friendly Societies, often provided a range of benefits to insure members against unemployment, ill health, old age and funeral expenses. In many developed countries, these functions have been assumed by the state; however, the provision of professional training, legal advice and representation for members is still an important benefit of trade union membership. â⬠¢ Collective bargaining: Where trade unions are able to operate openly and are recognized by employers, they may negotiate with employers over wages and working conditions. â⬠¢ Industrial action: Trade unions may enforce strikes or resistance to lockouts in furtherance of particular goals. â⬠¢ Political activity: Trade unions may promote legislation favorable to the interests of their members or workers as a whole. To this end they may pursue campaigns, undertake lobbying, or financially support individual candidates or parties (such as the Labour Party in Britain) for public office. (wikipedia) 1. 8 Labor Union in Bangladesh The Industrial Relations Ordinance, 1969 [Ordinance XXIII of 1969] [13th November, 1969] This ordinance is about formation of trade unions, the regulation of relations between employers and workmen and the avoidance and settlement of any differences or disputes arising between them or matters connected therewith. Certain related sections are depicted below. Sec 2(v): ââ¬Å" Collective bargaining agent â⬠in relation to an establishment or industry, means the trade union of workmen which, under section 22, is the agent of the workmen in the establishment or, as the case may be, industry, in the matter of collective bargaining; Sec 2(xiii): ââ¬Å" Industrial Disputeâ⬠means any dispute or difference between employers and employers or between employers and workmen or between workmen and workmen, which is connected with the employment or non employment or the terms of employment or the conditions of work of any person; 5 Sec 2(xxiv): ââ¬Å"Settlementâ⬠means a settlement arrived at in the course of conciliation proceeding, and includes an agreement between an employer and his workmen arrived at otherwise than in the course of any conciliation proceeding, where such agreement is in writing, has been signed by the parties thereto in such manner as may be prescribed and a copy thereto in such manner as may be prescribed and a copy thereof has been sent to the Government, the Conciliator and such other person as may be prescribed; Sec 2(xxvi): ââ¬Å"Trade Unionâ⬠means any combination of workmen or employers formed primarily for the purpose of regulating the relations between workmen and employers, or for imposing restrictive conditions on the conduct or any trade or business and includes a federation of two or more trade unions; Sec 3: Trade unions and freedom of association. Subject to the provisions contained in this Ordinancea) Workers, without distinction whatsoever, shall have the right to establish and, subject only to the Rules of the organization concerned, to join associations of their own choosing without previous authorization; b) Employers, without distinct whatsoever, shall have the right to establish and, subject only to the Rules of the organization concerned, to join associations of their own choosing without previous authorization; c) Trade unions and employersââ¬â¢ associations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organize their administration and activities and to formulate their programmes; d) Workersââ¬â¢ and employersââ¬â¢ organizations shall have the right to establish and join federations and confederations and any such organization, federation or confederation shall have the right to affiliate with international organizations and confederations of workersââ¬â¢ and employersââ¬â¢ organization; [Khan, 2006 p. p155-162] 1. 9 Industrial Relations Act, 2004 [Act no. 23 of 2004] [4th September, 2004] This Act made provisions for recognizing the right of the workers to form association, regulation of relations and settlement of differences or disputes arising between employers 6 and workers in Export Processing Zones and for matters connected therewith. Certain related sections are depicted below. Sec 5: Workers representation and welfare committee. ââ¬â (1) After commencement of this Act, the Executive Chairman or any officer authorized by him in that behalf, shall require the employer and the workers in an industrial unit in a zone to constitute, in prescribed manner, a Workers Representation and Welfare Committee, hereinafter referred to as the committee. Sec 11: Duration and cessation of committee. ââ¬â (1) A committee constituted in a Zone shall be in existence till October 31, 2006 Sec 13: Formation of Workers Association. (1) With expiry of October 31, 2006 and beginning of November 1, 2006, the workers in an industrial unit situated within the territorial limits of a Zone shall have the right to form association to engage in industrial relations subject to the provisions made by or under this Act. [Khan, 2006 p. p497-506] 1. 10 Labor union activities in Bangladesh The trade unions are very strong in Bangladesh, although only 3. 5 percent of the workforce is unionized, but most of the unions are limited to the public sector or state-controlled enterprises. According to the International Confederation of Free Trade Unions (ICFTU), there are a total of 23 national trade union centers in Bangladesh and approximately 5,450 trade unions. The largest of these are the Bangladesh Jatio Sramik League (BJSL); the Bangladesh Jatiyatabadi Sramik Dal (BJSD); the Jatiya Sramik Party (JSP); the Bangladesh Free Trade Union Congress (BFTUC); and the Jatio Sramik League (JSL). These bodies are organized together in the ICFTU Bangladesh Council. About 1. 8 million of the countrys workers belong to unions, out of a total workforce of approximately 58 million. The unions tend to have strong links to major political parties or are controlled by political figures, and they often lead political action and strikes in the country. Strikes are extremely common in Bangladesh and can paralyze business activities for weeks. The private sector is less unionized and trade unions are practically banned from the Export Processing Zones (EPZ) until 2008, as the EPZ is exempted from certain labor laws. In case of industrial dispute the problems are supposed to be solved through the Labor Tribunal. 7 Unlike many Middle Eastern countries, women in Bangladesh enjoy considerable freedom and are generally involved in education and labor, although the employment and literacy rates among them generally are lower than among men. Recent surges in the garment industry brought new employment opportunities for women, as around 95 percent of people employed in this sector are women. However, in the rural areas the women very often are disadvantaged and among the poorer members of the communities. Currently, more than 37 percent of the labor force is women. However, unionization among women, and hence the protection of their rights, is generally lower than among men. [National Economies Encyclopedia] 1. 11 Trade union activities in RMG sector Trade Union movement in garments sector is very weak. Even it is weaker than the other sectors. There are 8 country wide registered trade union federations. There are 9 federations registered as division based. Another 5 registered federations are combined with Jute, Textile and leather Sector. Apart from these, there are 6 unregistered federations in this sector. There are 3 alliances in the garment sector. These are: 1. Bangladesh Garments Workers Unity Council. 2. Bangladesh Garments Workers and Employees Unity Council. 3. B. N. C. C. (Bangladesh Coordinating Committee, affiliated with (ITGLWF). Main reason of the weakness of trade union movement of garment sector in Bangladesh are: 1. Disunity and division of organizations. 2. Unlimited and long working hours. 3. Absence of Job security. 4. Migration from factory to factory. 5. Absence of weekly holiday and other holidays. 6. Majority of women. 7. State policy. 8. Elite class ownership. 9. Low wage. 10. Unemployment of the country. Though there were 16 unions representing garment workers in January 2006, according to the Democratic Workers Party the level of unionization among workers was very low. Where unions were involved, they act more like extortionists, taking money from management to keep the employees in line while at the same time collecting dues from their members, with whom they had virtually no contact. Most of the unions had direct or indirect links with local and foreign NGOs, and receiving lucrative grants seems to be their main goal. [July 14th, 2006 by Libcom] Most of the trade unions appeared to be tools of one or other of the political parties, strikes being used more as vehicles for pursuing political goals against rival parties than improving 8 workers conditions. The Nation Garment Workers Federation apparently is an exception to this, being a more grass-roots organization, closer to an expression of workers selforganization emerging from their own struggles. It would be too easy and simplistic to apply critiques of modern western business unions to such an organisation. 11 years ago the NGWF was an organisation with 3 workers paid a basic garment workers wage operating out of a shed in a workers slum. Working in conditions more similar for workers in Europe a century or two ago, basic organization for defence and improvement of working conditions is a matter, sometimes, of whether one starves or not. With rapid large-scale proletarianisation of rural workers in many parts of Asia (China, India etc) struggles for unionization are likely to follow. Though organising trade unions were banned by employers in the EPZs, this has changed, as one of the concessions won by the revolt. This is anyway a convenient concession for the owners; a Bill was introduced into the US Senate which, if passed, would ban all imports produced in sweatshops. This is a form of US trade protectionism and corporate image management expressed as concern for workers conditions. The Bill would penalise Bangladesh, Jordan etc and Americas big rival China in, for example, the garment industry, by attempting to undercut their present advantage of cheaper labour costs. the Greater Los Angeles area has surpassed the New York area as the center of the North American garment industry. Home to more than 1,000 manufacturers who employ an estimated 90,000 workers, most of them immigrant, the garment and related industries account for as much as 10 percent of Los Angeles economy, according to Sweatshop Slaves. Nearly one in five local employees today work in the garment industry, making it Los Angeles leading manufacturing sector. (Review of Sweatshop Slaves: Asian Americans in the Garment Industry, Various, 2006. ) As well as the dire conditions of employment, the low level of unionism is one likely reason for the ferocity of the workers response. When it erupts, unmediated class war is generally conducted more brutally on both sides. The Bangladesh state finally realised this when it brought in union officials to mediate and negotiate an end to the rebellion. In the long term, union representation is usually granted by the bosses as a necessary safety valve mechanism and tool of management for the stability of the production process. [Libcom 2006] 9 1. 12 Labor Union in EPZ units Labor union was banned from EPZ units until 2008. For the first time in the country, 69 industrial units in Dhaka and Chittagong export processing zones (EPZ) have introduced workersââ¬â¢ associations on the basis of referendums by workers. At the same time, workers of 22 industrial units have voted for not having any trade union body for themselves for yet another year. The referendums on having workersââ¬â¢ associations were held from January to the middle of this month. There are 124 more ââ¬Å"eligibleâ⬠industrial units in these two EPZs which will have to hold their referendums by 2010 as per a decision of Bangladesh Export Processing Zones Authority (BEPZA) on the basis of a 2004 act on allowing trade union activities. Although referendums are supposed to be held without any external influence and spontaneously by the workers, BEPZA is putting pressure on the industry owners to hold them as soon as possible. American labour group that has been pushing hard for implementing trade union rights at the EPZs has mounted pressure on the government to have the associations as soon as possible. The factories at the EPZs on an average pay 40 percent more than the factories outside the EPZs. Yet during last yearââ¬â¢s unrest, some of the best paying factories in the EPZs came under attack by their own workers. Owners of these factories and law enforcement agencies have said this unrest was prompted by outsiders for their petty gains. Although the referendums are supposed to be held without any external influence and spontaneously by the workers, the Bepza is putting pressure on the industry owners to hold the referendums as soon as possible. The president of Bangladesh Readymade Garments Labour Federation, said, ââ¬Å"Lack of proper monitoring by the government, lack of sincerity of the owners and ignorance of workers of most factories are not complying with the law. â⬠[bangladeshnews. com. bd, 23 March 2008] 1. 13 The situation during caretaker government Garments are Bangladeshââ¬â¢s main export, and have been a major contributor to the countryââ¬â¢s economic growth in recent years. The industry has also been important in creating jobs for women. ââ¬Å"International companies that source garments in Bangladesh should insist that the Bangladeshi government end harassment of labor rights activists,â⬠said Adams. ââ¬Å"They should make it clear that labor organizing and activism is part of the deal when operating in the 10 world economic system and that they will not accept it if activists are jailed, intimidated or harassed by the authorities. â⬠Bangladesh has been under a state of emergency since January 11, 2007. The emergency rules have placed serious limits on civil and political rights, and have severely diluted constitutional protections of individual rights. In a letter to the government dated August 1, 2007, Human Rights Watch called for the lifting of the state of emergency. Emergency Power Rules of January 25, 2007 prohibits processions, meetings, assemblies and trade union activities. ââ¬Å"The interim government is abusing its emergency powers to target individuals who are trying to protect workersââ¬â¢ rights in Bangladeshââ¬â¢s most important export industry,â⬠said Brad Adams, Asia director at Human Rights Watch on the backdrop of the arrest of Mehedi Hasan of the Worker Rights Consortium (WRC) on January 24, 2008. He was arrested and detained by National Security Intelligence in Dhaka. His arrest is believed to be directly linked to the labor rights monitoring that he carried out for WRC, a nongovernmental organization that investigates labor practices at apparel factories, largely on behalf of US colleges and universities. Hasan is being held for violating Articles 3 and 4(1) of the Emergency Power Rules of January 25, 2007. In recent days, the authorities have invoked Emergency Power Rules and have filed criminal cases against dozens of trade union members, including leaders of the Bangladesh Independent Garment Workersââ¬â¢ Union Federation. Many other labor rights activists have complained to Human Rights Watch about being threatened and being under constant surveillance. According to police sources, a number of international organizations and their staff members are currently being monitored for allegedly engineering or inciting subversive activities within the garment industry. 1. 14 ILO Directives The International Labour Organisation rapped Bangladesh for its continuing failure to provide full trade union freedoms in the country and for permitting serious violations of ILO Conventions both in law and in practice. In particular, it deplored the obstacles to the establishment of unions in Export Processing Zones and the arrest and harassment of union leaders and activists in the garment sector. 11 And the ILOââ¬â¢s Committee on the Application of Standards singled out Bangladesh for special attention expressing concern over the escalation of industrial violence stressing that freedom of association could only be exercised in a climate that was free from violence, pressure or threats of any kind against trade union leaders and members. The Committee demanded that the Bangladesh Government take measures for the amendment of the Labour Act and the EPZ Workers Associations and Industrial Relations Act so as to bring them into full conformity with the provisions of ILO Convention 87 which Bangladesh has ratified and is duty-bound to observe. The ILO called upon the Bangladesh Government to ensure that all workers were fully guaranteed the protection of the Convention and demanded that the nece
Thursday, October 3, 2019
Analysis of UK Commercial Law
Analysis of UK Commercial Law Commercial Law Definition Commercial law in England and Wales is not susceptible to succinct categorisation as a unified body of law such as, for example, criminal law or the law of torts. Goode[1] has commented: ââ¬Å"The absence of anything resembling a commercial code makes [the question, ââ¬Å"Does Commercial Law exist?] harder to answer than might be imagined. If, by commercial law, we mean a relatively self contained, integrated body of principles and rules peculiar to commercial transactions, then we are constrained to say that this is not to be found in Englandâ⬠. Commercial legal practice will deal with a wide variety of subjects including the law relating to contracts, consumer credit, insurance, tax and partnerships. Commercial Law is thus an amalgam of common law, statute and even equity. Historical Development Despite these difficulties of categorisation the existence of a body of law controlling mercantile life has been recognised since medieval times when special courts existed for the purpose of dealing expeditiously with trade disputes. In the eighteenth century Lord Mansfield held sittings in the Guildhall in the City of London to hear commercial cases assisted by special panels of merchant jurymen to provide commercial expertise. When these sittings were discontinued the parties were forced back into the common law courts which proved unpopular due to procedural delays and the fact that the judges were often not conversant with the needs of the commercial community. Accordingly, in 1892, the Council of Judges recommended that there should be a special court to hear commercial cases and this led to the introduction in 1895 of a special commercial list in the Queenââ¬â¢s Bench Division. In 1970, a special Commercial Court was established but this remains part of that division. Court Structure and Jurisdiction The Commercial Court is subject to the Civil Procedure Rules. Part 49 and the associated Practice Direction provides that the court has jurisdiction in: ââ¬Å"any case arising out of trade and commerce in general including any case relating toâ⬠: A business document or contract; The export or import of goods; The carriage of goods by land, sea, air or pipeline; The exploitation of oil and gas resources; Insurance and reinsurance; Banking and financial services; The operation of markets and exchanges; Business agency; and Arbitration. The remit of the court therefore also represents a succinct statement of the type of disputes which might be regarded as ââ¬Å"commercialâ⬠notwithstanding the vagueness of this term. However, it should be noted that the county court has unlimited jurisdiction in claims in contract and tort and it is mandatory for claims worth less than à £15,000 to be commenced there. Thus a high volume of ââ¬Å"commercialâ⬠law is administered by this court with the more valuable or complex being dealt with by the Queenââ¬Ës Bench Division of the High Court. The Chancery Division (the role of which in this regard can be summarised by its dealing with cases concerning companies and insolvency) will therefore also hear commercial matters. Finally, it should be noted that in addition to the Commercial Court, there is also a specially constituted Companies Court. The rationale behind the establishment of these fora is to allow the speedy resolution of commercial disputes by a body with expertise in and sympathy for the unique needs of those involved in commercial enterprise. Thus the scope and extent of commercial law is vast and full description is impossible within the scope of this submission. Nonetheless, it is proposed to examine certain key elements of the corpus of commercial law which characterise its principles and demonstrate its operation in practice. Sale of Goods This is a species of the law of contract which has long existed and been regulated by common law principles. Contracts have been defined[2] as ââ¬Å"legally enforceable agreements which represent a vehicle for planned exchangesâ⬠. Contracts for the sale of goods are therefore subject to contract law principles but it should not be forgotten that they are increasingly controlled by specific statutory provisions. Thus all contracts for the supply of goods now contain terms which are implied by statute and prescribe that they must be of a stipulated quality. The Sale of Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994) imposes a number of requirements: s.12: that the seller should have the right to sell the goods, that the goods should be free from encumbrances and that the buyer should enjoy quiet possession of them; s.13: that where the goods are sold by description, they should corespond with that description; s.14(2): that the goods should be of satisfactory quality; s.14(3): that the goods should be fit for the buyerââ¬â¢s purpose; s.15: that where the goods are sold by sample, they should correspond with that sample. Of the above, the implied term as to satisfactory quality is one of the most frequently litigated. The word ââ¬Å"satisfactoryâ⬠replaced (by the 1994) the use of the historic term ââ¬Å"merchantableâ⬠in relation to quality and continues a long pedigree of such a requirement in English law. Decisions in the 19th Century demonstrate a recognition by the law of the commercial expectations of a purchaser. In Gardiner v Gray[3], Lord Ellenborough observed somewhat bluntly: ââ¬Å"The purchaser cannot be expected to buy goods to lay them on a dunghillâ⬠(!) While the concept of ââ¬Å"merchantabilityâ⬠endured, it was not until 1973 that it was the subject of statutory definition. By then, the term had become somewhat outmoded with Lord Ormrod commenting in 1976[4]: ââ¬Å"the word has fallen out of general use and largely lost its meaning, except to merchants and traders in some branches of commerceâ⬠. Nonetheless, it was not until 1994 that it was replaced by somewhat less arcane terminology. Another significant statutory intervention in the ability of parties to determine the contractual relationships between themselves relates to exemption clauses or unfair contract terms. The leading piece of legislation in this field is the Unfair Contract Terms Act 1977. Prior to its enactment, the courts interpreted attempts by parties to a contract to restrict or exclude their liability in the event of a breach of contract very strictly. The legislative code has now largely superseded this function. The common law lacked the ability simply to declare such a term unenforceable merely on the ground that it was unfair or unreasonable (see Photo Production Ltd v Securicor Transport Ltd[5]) hence the need for the sometimes strained interpretation of such clauses. In broad terms the 1977 Act applies a test of ââ¬Å"reasonablenessâ⬠to such clauses in commercial contracts. Not surprisingly, this concept and the interpretation of the term has been the subject of much litigation. The Unfair Terms in Consumer Contracts Regulations 1999 extend certain aspects of the 1977 legislation. They were implemented as a result of a European Directive and apply to terms (other than ââ¬Å"coreâ⬠terms in consumer contracts. They are therefore different in certain critical aspects from the 1979 Act and a comparison of the respective effects of the two reveals anomalies. It is submitted that the original legislation should now be reviewed and redrawn in order to provide a unified and consistent framework. Manufacturers and Product Liability While the above legislation applies only in contract law, it should not be overlooked that there are certain commercial situations in which the law of tort can play a part supplying an additional or alternative remedy. The statutory implied terms described above may entitle the buyer to reject defective goods and, in any event, claim damages for the breach of contract. Because this law is based upon the contract, a problem arises as a result of the doctrine of privity of contract which enables only the parties to a contract to sue upon it. Accordingly, the law of tort began to develop remedies for situations in which loss or damage was caused by a breach but the breach was not actionable in contract at the behest of the party thus injured. In the classic case of Donoghue v Stevenson[6], the principle was established that in certain circumstances a manufacturer owes a duty of care to the end-user of his product. Thus where the product is defective and causes injury, the consumer may r ecover against the manufactuer in negligence notwithstanding that there is no direct contractual or other relationship between them concerning the supply of the product. Again driven by Europe, the UK passed the 1987 Consumer Protection Act in order further to regulate product liability. A claim may be brought under the Act by any person injured by a ââ¬Å"defective productâ⬠. ââ¬Å"Productâ⬠includes goods and even electricity. A product is defective for the purposes of the Act if its safety, including not only the risk of personal injury but also the risk of damage to other property is ââ¬Å"not such as persons generally are entitled to expectâ⬠. It is submitted that this legislation is not only appropriate but necessary in the complex modern consumer society in which products are increasingly sophisticated and the relationship between manufacturer and end-user far more difficult to discern than would have been the case in the nineteenth century. Consumer Credit A very significant development in commercial law in the recent age has been in respect of the protection of customers in credit transactions. In Consumer Credit Deregulation, A Review by the Director General of Fair Trading[7] it was recognised that there was required ââ¬Å"a strong level of protection in a market which for many centuries perhaps even since ancient times has been regarded by law makers as particularly sensitive. Buyer-seller interactions in credit markets are characterised by imbalances of information and bargaining strength between lenders and borrowers.â⬠Accordingly, in the 1970ââ¬â¢s, following the report of the Crowther Committee[8] the Consumer Credit Act 1974 was enacted. The Act applies to ââ¬Å"regulated agreementsâ⬠which are defined as ââ¬Å"consumer credit agreements or consumer hire agreementsâ⬠. Despite the emphasis on the word consumer, certain types of business credit transactions are controlled. Section 8 of the Act defines a c onsumer credit agreement as ââ¬Å"a personal credit agreement by which the creditor provides the debtor with credit not exceeding [an amount varied by Statutory Instrument from time to time]. Section 189(1) defines an individual as ââ¬Å"including a partnership or other unincorporated body of persons not consisting entirely of bodies corporateâ⬠. Thus many commercial business transactions (provided that they do not involve companies) are caught by the Act. The OFT Report referred to above proposed that all business credit transactions be removed from the scope of the Act but this suggestion was rejected. Conversely (and perhaps a little perversely) the present upper limit on such transactions of à £25,000 means that many genuine non-business consumers increasingly fall outside the safety net of the Act. The operation of this type of provision in the commercial sector again serves to illustrate the difficulty of classifying commercial law as a single discrete body of regulati on. The inclusion of chapters on consumer credit in most so-called commercial law textbooks plus the existence of an entirely separate body of work purporting to deal with ââ¬Å"consumer lawâ⬠is illustrative of this dilemma. Insurance The scope of commercial law extends into many other fields of human activity. On such example is insurance. This remains essentially commercial in nature and, in many instances, can be said to stem from the basic commercial dealings of the parties. If commercial law is regarded as being based upon transactions, insurance has developed as a means of protecting those transactions and the subject-matter thereof. The modern law of insurance has developed directly from the activities of merchants principally those involved in seafaring from Italy in the fourteenth century. Merchants reached agreements between themselves to insure their ships and cargo against the risk of travel by sea. This practice was adopted in the coffee houses of London and gave birth to Lloyds the principal insurance underwriter in the world. The insurance industry has been subject to statutory regulation since the Life Insurance Companies Act 1870. The current regime is regulated by the Financial Services and Marke ts Act 2000. Interestingly, in addition to such controls, contracts of insurance where appropriate also fall under the Unfair Terms in Consumer Contracts Regulations 1999 discussed above. Banking Bradgate[9] places banking at the very heart of commercial law: ââ¬Å"The banking system plays an essential part in commercial activity in a developed economy. The modern bank provides a wide range of services to both business and private customers. The provision of such services is itself an aspect of commerceâ⬠¦in addition, banks provide essential services which underpin all other commercial activityâ⬠¦Ã¢â¬ Banking activities in the UK have long been regulated by regulated by statute with important developments occurring in the Bills of Exchange Act 1882 and the Cheques Act 1957. International Trade Although this submission has focussed perforce upon UK domestic law, it would be erroneous to conclude without acknowledging the international element which represents so great a proportion of commercial activity and gives rise to a consequent need for regulation. In this regard a distinction should be drawn between two possible uses of the term ââ¬Å"international trade lawâ⬠. First, it is used to describe the law controlling the relationships between the parties involved in international trade transactions. Second, it may describe the body of rules which govern relationships between states and regulate the use between states of devices such as tariffs to control imports which are subject to such international treaties as the General Agreement on Tariffs and Trade. Works on commercial law habitually focus upon the English law applicable to international transactions. A great many contracts used in such international transactions contain a standard clause requiring the contract to be governed by English Law with the result that the Commercial Court in London is frequently called upon to adjudicate upon agreements that have been made between one or more parties located outside the jurisdiction. The UK is a party to the Hague Convention on Contracts for the International Sale of Goods which is given effect in English law by the Uniform Law on International Sales Act 1967. That Act is applicable to contracts where the contract itself stipulates that it should apply. In practice, few contracts take the opportunity to do so with the result that international sales contracts which are governed by English law fall to be determined according to the principles of the Sale of Goods Act 1979 thus returning us to the outset of this discussion. Conclusion Thus the scope and extent of the law which might be grouped under the heading of ââ¬Å"commercialâ⬠is seen to be vast in reach and divers in type. Detailed description is therefore beyond the limit of a submission of this length. However, an examination of the broad cross section of topics discussed above reveals an enduring theme. In all aspects of commercial law the focus is upon transactions. Some commercial law such as the sale of goods legislation regulates such transactions directly. Other areas such as the law relating to banking and insurance concern the mechanisms that are necessarily ancillary to such transactions. Others again, such as product liability, stem from the consequences of transactions even where the party seeking to avail himself of the law was not a direct participant in such a transaction. Bibliography Bradgate, Commercial Law, (3rd Ed., 2000) Goode, Commercial Law (2nd Ed., 1995) Poole, Textbook on Contract Law (7th Ed., 2004) Treitel, The Law of Contract (11th Ed., 2003) www.hmso.gov.uk Lexis/Nexis Westlaw 1 Footnotes [1] Commercial Law (2nd Ed., 1995), p.1205 [2] Poole, J., Textbook on Contract Law, (7th Ed., 2004), p.1 [3] (1815) 4 Camp 144 [4] Cehave NV v Bremer Handelgesellschaft mbH [1976] QB 44 @ p.80 [5] [1980] AC 827 [6] [1937] AC 562 [7] OFT (1994), para.1.8 [8] Report of the Committee on Consumer Credit (1971) Cmd 4596 [9] Commercial Law, (3rd Ed., 2000)
Wednesday, October 2, 2019
The Covenant, the Sword and the Arm of the Lord Essay -- CSA Identity
The Covenant, the Sword and the Arm of the Lord What does the word "terrorist" bring to mind? Without even seeing the accused, most people in this country automatically assume this person is Middle-Eastern and Muslim. Although Stern's Terror in the Name of God focuses mainly on Islamic terrorists, it begins by addressing terrorist acts of a more homegrown variety. Stern interviews American terrorists here in the United States. The Covenant, the Sword and the Arm of the Lord or CSA, a group of radical Christians, became one of the "most violent white supremacist centers of the 1980s" (Phelps). Members lived communally on a 250-acre compound near the Arkansas-Missouri border (Barkun 428). The group "came to accept the teachings of Identity Christianity," which, according to Stern, means seeing "Anglo-Saxons as the 'true Israel,' America as a sacred land, and the Declaration of Independence and the Constitution as a God-inspired, Christian inheritance" (17). Followers of Identity Christianity also expect to be present for doomsday (Stern 17). In fact, the members of the CSA believed the Apocalypse was imminent (The Covenant, the Sword and the Arm of the Lord). As Kerry Noble (minister and second in command of the CSA explains, "we are Christian survivalists who believe in preparing for the ultimate holocaust" (Paranoia as Patriotism). And that is exactly what they did. The organization set up an "Endtime Overcomer Survival Training School," which offered a course in military tactics, "Christian martial arts" and urban warfare (Paranoia as Patriotism). All male members of the group trained in every aspect of military action (The Covenant, the Sword and the Arm of the Lord) and each was issued full military gear,... ...right." The Village Voice [New York] 25 Mar. 1997,36-38. Alt-Press Watch (APW). ProQuest. W.E.B. DuBois Library, Amherst, MA. 11 Oct. 2007 . Stern, Jessica. Terror in the Name of God. New York: HarperCollins, 2003. Van Boven, Sarah, and Seibert, Sam. "Prep work." Newsweek 126.7 (14 Aug. 1995): 4. Academic Search Premier. EBSCO. W.E.B. Du Bois Library, Amherst, MA. 10 October 2007. silk.library.umass.edu:2048/login.aspx?direct=true&db=aph&AN=9508147623&site=eh ost-live&scope=site>. Wheeler, Tim. "McVeigh could tell some tales." People's Weekly World [New York] 26 May 2001, National Edition: 13. Alt-Press Watch (APW). ProQuest. W.E.B. DuBois Library, Amherst, MA. 11 Oct. 2007 . The Covenant, the Sword and the Arm of the Lord Essay -- CSA Identity The Covenant, the Sword and the Arm of the Lord What does the word "terrorist" bring to mind? Without even seeing the accused, most people in this country automatically assume this person is Middle-Eastern and Muslim. Although Stern's Terror in the Name of God focuses mainly on Islamic terrorists, it begins by addressing terrorist acts of a more homegrown variety. Stern interviews American terrorists here in the United States. The Covenant, the Sword and the Arm of the Lord or CSA, a group of radical Christians, became one of the "most violent white supremacist centers of the 1980s" (Phelps). Members lived communally on a 250-acre compound near the Arkansas-Missouri border (Barkun 428). The group "came to accept the teachings of Identity Christianity," which, according to Stern, means seeing "Anglo-Saxons as the 'true Israel,' America as a sacred land, and the Declaration of Independence and the Constitution as a God-inspired, Christian inheritance" (17). Followers of Identity Christianity also expect to be present for doomsday (Stern 17). In fact, the members of the CSA believed the Apocalypse was imminent (The Covenant, the Sword and the Arm of the Lord). As Kerry Noble (minister and second in command of the CSA explains, "we are Christian survivalists who believe in preparing for the ultimate holocaust" (Paranoia as Patriotism). And that is exactly what they did. The organization set up an "Endtime Overcomer Survival Training School," which offered a course in military tactics, "Christian martial arts" and urban warfare (Paranoia as Patriotism). All male members of the group trained in every aspect of military action (The Covenant, the Sword and the Arm of the Lord) and each was issued full military gear,... ...right." The Village Voice [New York] 25 Mar. 1997,36-38. Alt-Press Watch (APW). ProQuest. W.E.B. DuBois Library, Amherst, MA. 11 Oct. 2007 . Stern, Jessica. Terror in the Name of God. New York: HarperCollins, 2003. Van Boven, Sarah, and Seibert, Sam. "Prep work." Newsweek 126.7 (14 Aug. 1995): 4. Academic Search Premier. EBSCO. W.E.B. Du Bois Library, Amherst, MA. 10 October 2007. silk.library.umass.edu:2048/login.aspx?direct=true&db=aph&AN=9508147623&site=eh ost-live&scope=site>. Wheeler, Tim. "McVeigh could tell some tales." People's Weekly World [New York] 26 May 2001, National Edition: 13. Alt-Press Watch (APW). ProQuest. W.E.B. DuBois Library, Amherst, MA. 11 Oct. 2007 .
King Of The Seas :: essays research papers fc
From the many inventions that emerged from the American Civil War, the Ironclad, designed by Captain John Ericsson and Robert L. Stevens, has impacted the world by advancing naval warfare technology. It gave America more influence in Europe and put America ahead of Europe in naval matters. The impact and influence changed naval warfares forever by forcing wooden ships to become obsolete. The Ironclad was among the first technological and modern tools of war. Its impact on technology in navies can still be seen today in the designs and the construction of naval ships.(Mac Bride,1) It has impacted technology in the way ships are built. Because of the ironclads the ships that are used in wars today are much safer. They are stronger and easier to maneuver. The first ironclad to ironclad battle between the Merrimac and the Monitor was long and drawn out. Although neither one emerged victorious, the world began to see what a major improvement in warfare these ironclads were. A reporter fro m the Norfolk Day wrote: ââ¬Å"This work will create a revolution in naval warfare. Americas improvement has impacted naval history in a way that no other invention ever has!â⬠(Davis,135) Many times in United States history the major nations of the world, such as England, France and Germany, have ignored the United States in political matters but this invention and the ironclad to ironclad battle changed a large percentage of their attitudes toward the United States. It made America become feared and respected by large European nations and all the major nations looked at this invention with pure respect and awe. (Love,29) The invention of the ironclad has helped to push America higher on the ladder to becoming a major world power and to be included in major decisions of the world. The ironclads caused a long range of reaction in navies and gave America a push for the influence they wanted in Europe. Many say that the invention of the ironclad is quite possibly one of the chie f reasons for the continued existence of the United States. (Mac Bride,43) In the past people have often thought of naval ships as only tools of war. Many never considered that a ship could be useful in improving foreign policy and in pushing for American influence, but when Europe heard about this invention they began to realize that America had an adequate navy and the largest and finest # destroyers in the world.
Tuesday, October 1, 2019
Business Resource Essay
With Examples, you are to describe the main physical and technological resources required in the operation of your selected organisation. In this assignment I will describe the main physical and technological resources required in the operation of Tesco. Physical Resources Physical resources are resources that the business needs to maintain in order to carry out its activities. They mainly include things like facilities, buildings, machinery and more. These are resources that are available to a businessââ¬â¢s organisations in form of buildings and other machineries needed for the day to day running of the organisation. Tesco have many physical resources such as their toilets, buildings, trolleys, CCTVââ¬â¢s. Toilets is a good resource to have within a good organization as it can attract more customers to not feel rushed into shopping because they need to go toilet they can shop at their own paste and use the toilet when they feel to. Another physical resource for Tesco is the car park so customers can park within Tescoââ¬â¢s car park and not have to worry about receiving a ticket, or checking their time to get back to the car before they get a ticket, this will also attract more customers to shop within Tesco. A recent physical resource that Tesco has brought in is the self-checkouts; this is good for customers that want to quick shop as Tesco can be quite busy on some days they donââ¬â¢t want to wait in the long queues so they can use the self-checkout which is much quicker. Buildings Permanent or temporary structure enclosed within exterior walls and a roof, and including all attached apparatus, equipment, and fixtures that cannot be removed without cutting into ceiling, floors, or walls. Materials The matter from which something can be made. Material can include but is not limited to raw and processed material, components, parts, assemblies, sub-assemblies, fuels, lubricants, coolants, cleaning agents, and small tools and accessories that may be consumed directly or indirectly. Plant and machinery Like materials and buildings, each business has specific requirements for the type of plant and machinery. As Tesco donââ¬â¢t own factories to where theyââ¬â¢re products are produced they pay for another company to produce their products or have suppliers. Most of Tescoââ¬â¢s products are from suppliers. This means even though they may not own the factory they have to pay the right amount to the suppliers for them to produce their products for them. Equipment Equipment is essential for a business to operate smoothly. Equipment is critical for profit and non-profit organisations like Tesco. In some organisations lack of equipment means a job or service cannot be carried out. Equipment is crucial for Tesco as they deal with selling a range of products from fresh food to technology and more. Within Tesco they will need tills so that people will be able to purchase products from their store. Tills help them to take payments from customer, without the tills they couldnââ¬â¢t take payments from customers or record profit or loss within all the Tesco stores. Also within a Tesco retail store they need to provide equipment like shelves to stock the products within the store, without the shelves and equipment to put the products on the store wouldnââ¬â¢t appeal to customers. On a staff level they have to provide the retail store staff with uniform. For Tesco itââ¬â¢s essential that the customer face staff have uniforms as it looks more professional and also it is a very big store so they must be and look professional. Technological Resources Intellectual Property Is the Knowledge, creative ideas, or expressions of human mind that have commercial value and are protectable under copyright, patent, trademark, or trade secret laws from imitation, infringement, and dilution. As Tesco designs different products they wouldnââ¬â¢t want other supermarket companies to copy what they have designed so they would hold intellectual property. Itââ¬â¢s important that Tesco has intellectual property as the supermarket market is a big market and competition is tight. The intellectual designs aspect covers the features of decoration of products, such as colours, lines, materials, shape or texture. Accumulated experience and skills Accumulated experience means experience gained over a number of years when a person has to come across lots of different issues to do with the job. Itââ¬â¢s important for Tesco to keep their employees happy as the longer they work in their position the more experience they get and become better people at their job. For Tesco to keep employees that have been working at the business for a long time and have good experience would be to pay them more. By Tesco paying the staff more they will feel more privileged and would want to stay with the business for longer. Itââ¬â¢s important for Tesco to build employees skills but they do have to be careful not they have employees that are the only people or person to operate a piece of machinery or fix a piece of software. Key technological resources for the running of Tesco. This is because they would be unsure of what to do when in particular situations and they also wouldnââ¬â¢t continue to create new ideas for the organisation to ensure it continues to develop and make profit to survive. Software Tesco would invest a lot of money in software and its day-to-day use. Sometimes software will be spoke software will be designed for a business or they will use someone elseââ¬â¢s software and pay a licence fee to use it. Oneà software which some internal office staff may use would be Microsoft office, excel and maybe publisher. http://www.tescosoftware.com/officelicenseagreement.php M1 ââ¬â explain how the management of human, physical and technological resources can improve the performance of your selected organisation. The Human resources can improve the Tescoââ¬â¢s performance in many ways. There are two main processes which are looked at when managing human resources. The most important is to employ they correct people for the job, people that will carry out the job role correctly. Then the correct resources have to be provided for them so that they can carry this process out to the best of their standards. Treating these employees with care and sensitivity is important. They are not like physical or technological resources; humans need to be dealt in certain ways, as they are protected by legislations and laws. For example, In TESCO there will be a constant change of different demand of products that the customers wish to purchase, for this reason the staff will have to be trained for any of these occasions. This is how they improve their human resources. They also look at how many skills the employee has when they are searching for new employees. They will check whether that person can be used in more than one job position in that store, how many skills they consist of. Coordination of the teams in Tesco is very important in ensuring that they meet the targets that the company sets them. When all employees of the team complete their assigned roles the team will run more smoothly. It is also important that a manager is always there so that they can supervise the staff and also if there is a problem that they might not be able to handle the manager will be trained and know how to deal with the situation. By Tesco monitoring employees punctuality they can make sure that staff are on time to work. By making sure time are on staff to work the work could be done more quickly making it easier for the employee and even Tesco. This would improve the performance of the employee as they have more time toà complete the work that has been assigned to them, by Tesco also monitoring staff punctuality they can evaluate the people who have bad punctuality. From evaluating they can make a decision whether to get rid of them. This is because one person who has bad punctuality could be causing the team to be able to not get work completed etc. By having people who are always punctual it means teams and individuals can perform better which will help to improve the performance of Tescoââ¬â¢s customer service etc. Physical Resources Physical resources are resources that the business needs to maintain in order to carry out its activities. They mainly include things like facilities, buildings, machinery and more. These are resources that are available to a businessââ¬â¢s organisations in form of buildings and other machineries needed for the day to day running of the organisation. All businesses including Tesco need premises where they can operate from as these buildings and environment can have a strong affect on the people that work there. For Tesco having their retail stores based in local areas the amount of customers they get is going to be a problem. Itââ¬â¢s important that retail stores are located where they can attract customers, preferably in a populated place. Also the buildings are going to be commutable for staff to get to and not in the middle of anywhere so customers find it hard to find or travel which will put them off travelling to the store. The importance of the Tesco retail store layout is vital and for them successful as they draw in customers buy having products for them to try themselves and from there customers like the product and want to buy it. The correct equipment is essential for a business such as Tesco to operate smoothly and efficiently. Checkouts is a very important part of equipment as it re orders stock when it is running low so it saves a member of staff having to check when its running low and tick off that they need to re order. Tesco has a very good IT system, which consist of both hardware and software, which carry out their main jobs of looking after the amount of stock in the stores, the days cash intake, and many other importantà functions that the company needs. Technological Resources To make sure that the employees are happy with the software they are using to do their work would be to gain feedback from them. By gaining feedback you can see whether there things that need improving to make it easier or better for the employee to use. Also by gaining feedback from employees you are making them feel part of the organisation as they have a say into whatââ¬â¢s going on and what may need improving so that they donââ¬â¢t feel left out. By keeping staff happy they are more likely to stay for longer which means for Tesco that they have people who are good and have an understanding of how to use the software. By having employees who are good with working with the software it makes the process of doing work easier for them and this will overall help to boost the performance of Tesco as they have highly trained and good staff. M2:The importance of employability, and personal skills in the recruitment and retention of staff Telecommunication Sector (Alcatel Lucent) Employability and Personal Skills Employability is defined as a personââ¬â¢s own capability for acquiring and maintaining employment Employability depends factors like the knowledge, personal skills and abilities possessed by the individual and the way he presents those assets to employers. In other words it is the process of self assessment of an individual which can be done by himself or by some other person or agency. Importance of Employability and Personal Skills ââ¬â In the Recruitment and Retention of staff : While in the process of hiring and selecting individuals in an organisation, the management has to identify a certain selection criteria. This selection criteria consists of a list of abilities and skills, in addition to certain education standard an individual must possess if he has to qualify for that position. An individual who has acquired certain skills like computer knowledge (hardware / software) will be more valuable for an organisation than the one who does not have this skill. The organisation will not have to train the individual who already has this capability. The organisation will get a ââ¬Å"Ready Madeâ⬠asset which can be utilized straight away on a project. The Alcatel can also short list those individuals with certain basic knowledge or skills in a specified field. The individuals can be trained on special task or assignment with minimum effort. For example if an individual has basic skills and knowledge of operations and maintenance of Computers then he can be trained quickly to operate and maintain small computer and telecom networks. That individual will have more value than an individual who does not possess such skills. The individual who is hired and has good background knowledge in a certain field and possesses various skills, can become a learning source of other employees in an organisation. That person can train other employees ââ¬Å"On the Jobâ⬠, with better knowledge and skills and can increase companyââ¬â¢s productivity. Such employees are retained by the organisation If equal opportunities are provided to the employees in an organisation for learning and skill improvement, the employees always become loyal to the company and will remain with the company. In this way company will be able to retain its useful resources. Exceptions : There are certain areas in the Telecom sector where there is less need forà skills and knowledge. For example the employees who have to work on the Assembly lines of products manufacturing, they need minimum orientation on how to do their work efficiently. They may not need more skill to pack final products. For their case, it is not advisable to detach them from their work and send them for extra training. The organisation i have chosen to asses is the Alcatel Lucent. It is important for Alcatel Lucent to consider employability skills when recruiting and retaining staff as having a good balance of these skills in employees will make the organisation run smoothly and effectively. There are many different factor to consider when employing new recruits and keeping current staff such as training ,meeting targets, having the correct skills which match up the job recruitment , trust , qualifications , portraying a professional image and have excellent communication skills to liaise with fellow colleagues and the public .When recruiting and reviewing current staff personal skills employees need to have strong communication attributes . This would be required for any job as you need to be able to understand other colleagues and the customers/public. Alcatel need to consider this skills in employees as they need to communicate and understand colleagues and customers for tasks to be understood and carried out effectively.. Alcatel looks to see if their staff new recruits are hard working . This would be portrayed at inductions/ interviews for a job or in a trail period of vacancy. Employees need to be hard working / service they provide is of high quality and meets the companyââ¬â¢s standardsâ⬠¦ it is important that the Alcatel consider employees and recruits ability to work well as a team as well as individually. Staff need to work well as a team so they have an understanding of each other and so that projects and meetings are effective. When employees work effectively in a team it shows they understand each other and the work given therefore the Alcatel can run effectively as task given are being understood â⬠¦Alcatel staff also need to be able to cope working on their own as in some aspects it saves time and money . rather than having two people carrying out one job, if possible one person doing the job while the other employee can go work in another area where help is needed. http://www.termpaperwarehouse.com/essay-on/M2-Business-Resource/239019
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