...LEGAL ASPECTS OF BUSINESS Credit Units: 03 Course Objectives To give insight to various Legal Aspects of Business so that the students are able to interpret the provisions of some of the important laws and apply the same in commercial and industrial enterprises. Course Contents Module I: Indian Contract Act, 1872 Nature and kinds of Contracts, Concepts related to offer, Acceptance and Consideration, Principles Governing Capacity of Parties and Free Consent, Legality of Objects, Performance and Discharge of Contract, Breach of Contract and its Remedies,Special contracts of Bailment and Pledge, Indemnity and Guaratnee, Contract of Agency. Module II: Sale of Goods Act, 1930 Sale and Agreement to Sell, Hire Purchase – Pledge – Mortgage – Hypothecation Lease.Goods – Different types of Goods, Passing of Property in Goods, Conditions and Warranties, Doctrine of Caveat emptor, Rights of an unpaid Seller. Module III : Negotiable Instruments Act, 1881 Meaning of Negotiability and Negotiable Instruments – Cheques Bill of Exchange and Promissory Note – Crossing of Cheques – Endorsement – Dishonour of Cheques. Module VI: Company Law Companies Act, 1956-Meaning and types of companies, Formation of a company, Memorandum and Articles of Association, Share Capital and Shareholders, Prospectus and Issue of Shares, Buy Back of Shares, Debentures, Company Meetings and Proceedings, Powers, Duties, Liabilities of Directors and Winding up of Company. Module V: Indian Partnership...
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...Industrial Law An Executive summary: This report has sought to address a number of claims that trade unions in Armisteel Pty Ltd have made that are supposed to be included in the union and organization’s agreement. The report has examined the procedure that the unions should take in the event that it wants to take industrial action as well as the barriers that the unions are going to face. The main purpose of writing this report is to address major legal issues that have been presented by employees to the organization. Armisteel Pty Ltd is a leading manufacturing industry business that is characterized by high levels of union activities within the organization. The unions include AMFKIU, WTU and WAU. The report is going to look into the committee’s wish that the new agreement maintain existing award provisions that had already been provided by a federal award back in 1988. The report is mainly motivated by a number of claims that have been made by the unions and will seek to address their legality to the fullness of the law. The unions are also seeking to take industrial action id their claims are not met by the organization. Introduction: The significance of writing this report is to address and offer recommendations to the joint union committee as well as the recently appointed General Manager on the legality of some of the issues that have been presented by the workers unions. The joint union committee is mainly concerned about major changes that affect industrial laws...
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...HND Level 07 – Unit 03 Sri Lankan Labor law Rajitha Silva MBA (AUS), PG Dip.(UK), BBA (COL) grpriyankara@gmail.com By 1 What is Law ? • The Law may be defined as the body of rules which spells out the rights an duties of the various sectors in any society. • Examples of Laws – – – – – – – Criminal Law Land Law Family Law Administrative Law Banking Law Intellectual Property Law Labour Law 2 Branches of Government Legislature Parliament of Sri Lanka President and the Cabinet of Ministers Courts Makes laws Executive Implements the laws Interprets the laws Judiciary 3 Labour Law • Governs and Regulates the Relationship of Employer [Master] and Employee [Servant] Labour Law = Employment Law = Law relating to Master and Servant Employment = Employer + Employee 10-Jun-14 4 History of Labor Law of Sri Lanka • • • • • • • • • • • 1815 - Captured by British, 1823 - Started Estates Immigrant workers, Wage Labour Newly emerged working class, Unskilled, born to work Ordinance No 5 of 1841 – Contract for hire and service Ordinance No 14 of 1872 – Medical and Health Care Ordinance No 13 of 1889 – Estate Labour (indian) Ordinance No 1 of 1923 – Indian Immigrant Labour Ordinance No 27 of 1927 – The Minimum Wage 5 Ministry of Labour – History in Brief • • • • • • • • • 1931 – Ministry of Labour, Industries & Commerce 1947 – Ministry of Labour and Social Service 1952 – Ministry of Labour 1956 – Ministry of Labour Housing & Social Service...
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...CASE STUDY MODULE 11 INDUSTRIAL LAW Summary Of The Case Study Lanka Fashions Leather Products Company has been running a profitable business for the past several years. At the beginning there was no trade union for the company but about six months ago the workers of the company has formed a branch union of a registered trade union sponsored by a political party with radical views. after the formation of the union they requested several opportunities to meet the management to discuss about factors affecting the member attached to the company. however the management has turned a blind eye to the request made by the union to give an opportunity to discuss the matters. The union informed the management in writing that in the event management failing to grant an opportunity to discuss the matters effecting within 14 days the union will be compelled to resort to strike action. As there was no response from the management they extended there mandatory period for a further period of two weeks. Management continued to be indifferent towards the union's request, and the union ultimately launched a strike. the union had a membership of nearly 75% of the total workforce of the company and almost 70% of the membership joined the strike. Even after the commencement of the strike the management refrained from having an dialogue with the union. Two weeks after the commencement of the strike the management wrote to all the strikers individually by registered post...
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...[pic] BWB 4013 LABOUR LAWS AND INDUSTRIAL RELATIONS LECTURER NAME: PN. HANITA SARAH SAAD GROUP MEMBERS: ELVINA A/P LOURDS KJC1160111 REYNUGA A/P KATHIRVEL KJC1080191 THILAGA A/P YOKANATHAN KJC1080411 MICHELLE EDWARD A/P ROCK EDWARD KJC1080416 Proposal on employees conflict of interest towards in the organisation 1) Introduction The topic that we have chosen is employees’ obligation to the employer, for that we intended to focus on employees’ conflict of interest based on practices or corporate governance in malaysia. We choose this topic, because it is the major problem occurring in most of the companies nowadays which harm the business reputation and corporate image. conflict of interest is a situation where a conflict arises between public duty and private interest. 2) Outline of the term paper |1.0 |Review on misconduct related to conflict of interest in the context of labor law and industrial relations in malaysia. | |2.0 |What is conflict of interest | |3.0 |How conflict of interest relates with labor law and industrial relations | |4.0 |Types of conflict of interest and related cases | | |- misuse of position ...
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...An Academic Report into Industrial Law and Business Occupational Health and Safety Work Health and Safety Act 2011 QLD No. 18 Model Work Health and Safety Act TABLE OF CONTENTS 1.0 Introduction 3 2.0 History and Purpose of OH&S Legislation 4 3.0 Scope of WHS Act 5 4.0 Key Provisions in a Business Context 6 5.0 Primary Duty of Care 7 6.0 Application of OHS 9 7.0 Regulation Change, a Harmonious Approach? 11 8.0 References 13 8.0 Resources 13 1.0 Introduction According to recently published data uncovered within the ABS WRIS (Australian Bureau of Statistics, Work-Related Injuries Survey published 2011), in 2009 it was estimated that 640,700 Australian workers experienced a work-related incident. While a total of 337 people died in Australia from work-related traumatic injury (safeworkaustralia.gov.au). Economic losses from work-related disease, injuries and deaths impose a heavy burden on the Australian economy, with estimated costs totalling in excess of $60.6 billion per annum. Figure 1: Total work-related injury and illness cost for 2009 (www.safeworkaustralia.gov.au) It is within these alarming figures we derive the impetus to further examine current Workplace Heath and Safety regulations and the associated Industrial legislation on both State and Federal levels. This report will predominately focus on the newly established Queensland Work Health and Safety Act 2011 in conjunction with the...
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...Assignment 1.2: Research Paper THE EFFECTS OF INDUSTRIALIZATION AFTER THE CIVIL WAR Renee Whaley History 105: Contemporary U.S History Professor Michael Dixon February 7, 2016 The Effects of Industrialization after the Civil War Introduction This paper will focus on the industrialization period that followed the civil war and the effects it had on the society, economy, and politics. This paper will also touch on three different groups affected by this period known as the industrial age. Finally, this paper will look at the daily life of an average working American and how it was affected by the industrial age. Society, Economics, and Politics The Industrial Age (better known as the Industrial Revolution) had an affect on nearly every aspect of the American life. This included its society, its economy, and its politics. From the north down on through the south and eventually to the west, society changed through the Industrial Revolution. The north saw more of an ideal lifestyle. Factories and a surplus of jobs created more opportunities for people and as a result, many began to move towards the north in search for a better lifestyle. As population grew, housing became a problem. Companies would build housing close to factories so its employees could walk to work but poor building codes saw companies taking advantage of this. Plumbing became obsolete, the water system became polluted, and diseases would often sweep through the tenements. In the south, the...
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...INTRODUCTION The term "Industrial Relations" has developed both a broad and a narrow meaning. Originally, industrial relations was broadly defined to include the totality of relationships and interactions between employers and employees. From this perspective, industrial relations covers all aspects of the employment relationship, including human resource (or personnel) management, employee relations, and union-management (or labor) relations. Since the mid-twentieth century, however, the term has increasingly taken on a narrower, more restricted interpretation that largely equates it with unionized employment relationships. In this view, industrial relations pertains to the study and practice of collective bargaining, trade unionism, and labor-management relations, while human resource management is a separate, largely distinct field that deals with nonunion employment relationships and the personnel practices and policies of employers. Both meanings of the term coexist in the twenty-first century, although the latter is the more common. ORIGINS The term "industrial relations" came into common usage in the 1910s, particularly in 1912 upon the appointment by President William Taft of an investigative committee titled the Commission on Industrial Relations. The commission's charge was to investigate the causes of widespread, often violent labor conflict and make recommendations regarding methods to promote greater cooperation and harmony among employers and employees. Shortly...
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...Enlightenment and the Industrial Revolution are two fundamentally different events. The focus of the Enlightenment was primarily intellectual. Thinkers and intellectuals were primarily focused on “reason, individualism, and progress.” (Thackeray, 1998, p. 83) The Industrial Revolution was primarily economic. The Industrial Revolution was a period of time marked by continuous increases in productivity despite outside factors such as population increases. (Thackeray, 1998, p. 140) A fundamental area of divergence between the Enlightenment and the Industrial Revolution is political. The Enlightenment thinkers were fostering the idea of natural rights. Specifically, this idea was a product of John Locke; a major player during the Enlightenment. (Thackeray, 1998, p. 79) The Industrial Revolution and its associated technological advances took in a more sinister turn in Africa. The European powers used the technology to enslave and...
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... The Industrial Revolution in England from the 18th to the 19th century was a benefit to the English working class. By: 1. Dhakshani Dharmadeva (2614) 2. Dinu Siriwardana (2971) 3. Melani Mallawarachchi (2950) The Industrial Revolution in England from the 18th to the 19th century was NOT a benefit to the English working class. Industrial revolution was a period of major industrialization that took place during the late 1700s and early 1800s. The Industrial Revolution, beginning in Great Britain, quickly spread throughout the world. This time period saw the mechanization of agriculture, textile manufacturing, a revolution in power such as steam ships and railroads, and had a massive effect on social, cultural and economic conditions. We learned that industrial production increased tremendously, bringing wealth and power to Great Britain throughout the 19th century. But it’s time to consider its effects on people, we have yet to explore the effects of industrialization on society, on the daily living and the working conditions of common people. What was life like for the average industrial worker? Was living in a new industrial city and working in a factory an improvement over life in the countryside? Did the new factory life change for the better the roles of family members, including women and children? Were people healthier? In general, did the Industrial Revolution...
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...States were economy, immigration, and the abolishment of slavery. ). The industrialized society of America produced tons of jobs, urbanization, and an influx of immigration from southern and eastern Europeans. Due to innovative and aggressive entrepreneurs, it left wide gaps between the rich and the poor, black and white, immigrants and natives (Schultz, 2014, chapter 17). A group of innovative and aggressive entrepreneurs became the catalyst for the growth of the U.S. economy. After the Civil War, American material output increased dramatically, and big businesses extended their reach deeper into American life. Together, these events revolutionized the way Americans lived, no matter which region (Schultz, 2014, , chapter 17). The industrial revolution caused the main energy resources to shift from animals and human labor to large machines. Schulz eloquently relayed; “Businessmen between 1865 and 1915 used continuing technological breakthroughs and creative financing to bring greater efficiency to their businesses, which dramatically expanded their markets and their ability to produce goods. The effects of this transformation were felt outside the business world, resulting in two key...
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...BUSINESS LAW I APPLIED RESEARCH Child Labor Laws Shane T. Martin Doctor Aaron Bazzoli Park University Internet Campus A course paper presented to the School of Arts and Sciences and Distance Learning In partial fulfillment of the requirements for the degree of Baccalaureate Business Law I Park University December 2012 Outline - Introduction - Early America o Placed children were employed o Agricultural jobs o Lack of safety standards o Lost educational opportunities - Opposition o 1900 Census report opened America’s eyes o National Consumers League started campaigning for children’s rights o National Child Labor Committee formed in 1904 - Laws Regarding o Problem too pervasive to “law down” o Federal regulation needed to prevent employers from taking business across state lines o Beveridge and Parsons introduce legislation in 1906 ▪ Debated but not put into law o Many tries by Congress but no laws that stuck o Roosevelt elected ▪ National Industrial Recovery Act passed in 1933. • Banned industrial homework and eliminated child labor • Ruled unconstitutional in 1935 ▪ Agricultural Adjustment Act of 1933 • Ruled unconstituational ▪ Walsh-Healey Act required government restrict their purchases to companies...
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...and problems of trade unions in Pakistan…………..20 7. Structure of Unions in Pakistan………………………………………………………22 8. Table…………………………………………………………………………………….24 9. References……………………………………………………………………………….25 1. Historical Perceptive of Industrial Relation in Pakistan. Current population of Pakistan is 182.1-million approximately; it’s ranked sixth as most populated country of the world (Population Census Organization). Total labor force is 59.21 million in Pakistan ( Index Mundi Pakistan) out of total labor force 49.09 million is employed and rest is unemployed, women has got 20% rate in employed strength , in agriculture sector employs are 44%, in service sector 35%, in industry and manufacturing employs are only 20% Industrial relations are the efforts made for the resolution of the differences between employer and employees, on objectives and values, profitability sharing and social justice. Discipline and authority, freedom and industrial democracy, collective bargaining and co-operations, individual versus group interest. (Lester R. A, 1951). Industrial relation can also be defined as the Relationship and negotiation among employees, employer and Government related to any organization. AS for the Historical Background Of Industrial Relation is concerned in pre-independence era for nearly 200 years British ruled...
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...The Industrial Revolution: A Means to an End Capitalism is the result of constant revolutions led by a lower class. Karl Marx states that the “modern bourgeois is itself the product of a long course of development of a series of revolutions in the modes of production and of exchange”(Marx, 160). The bourgeoise are the group of people who were able to seize control of the means of production for their community. They control the manufacturing of all the resources the people might need. The bourgeois maintain command of the production while the proletariat are the ones who carry out the actual work. Marx believed the only limiting factors of the proletariat’s status beneath the bourgeois were the current level of technology available and, although that technology is keeping them down, it will advance to the point of giving the proletariat a chance to shrink the gap between themselves and those above them, “but with the development of industry the proletariat not only increases in number, it becomes concentrated in greater masses, its strength grows and it feels that strength more”(166). The Industrial Revolution was the gateway to modern economics and ushered in an age of poorer working standards, profit based business models, and the end to artisanship. The Industrial Revolution was the beginning of a new type of economy. The machines and inventions spawned during this time allowed people to perform certain tasks much more efficiently and increased the level of production...
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...Looking Back at the Industrial Revolution AnnLouise Fuller Argosy University SCI 201 – Ecology and Environmental Sustainability Module 1, Assignment 3 Instructor Tamara Allen February 13, 2016 Look Back at the Industrial Revolution The Industrial Revolution is a very broad subject. The industrialization of society was a process that took place over several years. The revolution started in the mid-1700s, and the impact is still visible in the 20th century. The Industrial Revolution defined in our textbook, Essential environment: The science behind the stories (3rd edition), is, "The shift in the mid-1700s from rural life, animal-powered agriculture, and manufacturing by craftsmen to an urban society powered by fossil fuels such as coal and crude oil." (Withgott & Brennan, 2009). The resources mentioned in that quote are the biggest issue, in my opinion, that came from the era. Three of the most environmentally negative impacts of the Industrial Revolution are the use of nonrenewable resources, the human population growth, and the changes to people's lifestyles. Our textbook states, "Resources such as mineral ores and crude oil are in finite supply and are formed much more slowly than we use them. These are known as nonrenewable natural resources. Once we deplete them, they are no longer available" (Withgott & Brennan, 2009). Prior to the revolution, society used renewable resources which replenished themselves over days, months, and years. Eric McLamb...
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