...Agency workers Agency workers enter into engagement with an employment agency and are sent by that agency to work for a third party – an end user. Is the agency worker an employee of (a) the agency, or (b) of the end user? (a) The worker- agency relationship In Construction Industry Training Board v. Labour Force Ltd [1] it was held that unskilled or building workers hired by employment agencies were not in a relationship of employment with the agency. The end-user paid the wages to the agency, and had the right to control the men as to what to do, and to require the agency to remove a man at three days notice (or in the case of misbehaviour, forthwith). The court considered it decisive against the identification of an employment relationship with the agency that no control was exercised by the agency over the workers. This approach was followed in Ireland. In Brightwater Selection v. Minister for Social and Family Affairs [2] a Social welfare appeals officer held that a worker sent by an agency to UCD to work in the administration section worked under the control of the agency: ‘the requirement to notify them of any changes in relation to responsibility, hours worked, pay, grievances… to produce a time sheet’. However, the High Court held that these minimal administrative obligations were not equivalent to control. The High Court held that in determining whether control exists, the alleged employer must not only have the right to tell the individual what...
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...NATIONAL ASSEMBLY -------Law No. 10/2012/QH13 SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------- LABOR CODE Pursuant to the Constitution 1992 of the Socialist Republic of Vietnam amended and supplemented under the Resolution No. 51/2001/QH10; The National Assembly promulgates the Labor Code. Chapter I GENERAL PROVISIONS Article 1. Scope of regulation The Labor Code specifies the labor standards; the rights, obligations and responsibilities of the employees, the employers, the labor representative organizations, the employer representative organizations in the labor relation and other relations directly related to the labor relation, the State management of labor. Article 2. Subjects of application 1. The Vietnamese employees, apprentices, interns and other employees specified in this Code. 2. The employers. 3. Foreign employees working in Vietnam. 4. Other individuals, agencies and organizations directly related to the labor relation. Article 3. Interpretation of terms In this Code, the following terms are construed as follows: 1. Employees are people from 15 years old and above, capable of working, working under labor contracts, receiving salaries and subject to the management of the employers. 2. The employers are enterprises, agencies, organizations, cooperatives, households and individuals hiring, employing employees under labor contracts. The individuals must be sufficiently capable of civil acts. 3. The labor collectives are organized...
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...Ghemawat’s AAA and Varieties of Capitalism Ghemawat’s AAA Global Strategy examines the additional opportunities, challenges, and tradeoffs posed when a company crosses national borders Ghemawat contends that to create, capture, and sustain rents in international operations firms have three strategies they can deploy at the product level to respond to distance: 1. Adaptation – seeks to boost revenues and market share by maximizing a firm’s local relevance Requires local autonomy but must trade off the gains from such decentralization against the costs of excessive heterogeneity and local subgoals 2. Aggregation – attempts to deliver economies of scale by creating regional or sometimes global operations (standardizing the product or service offering and grouping together the development and production processes) Requires global coordination but must trade off the efficiency gains of standardization and scale or scope economies against costs of always being perceived as an outsider or cost minimizer 3. Arbitrage – the exploitation of differences between national or regional markets, often by locating separate parts of the supply chain in different places Requires flexibility and the management of a complex network of internal and external relationships for continuous learning, but must trade off benefits from such dynamism against costs of being perceived as fickle, rootless partner or citizen Firms can learn to more efficiently design and implement mix of adaptation, aggregation...
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...Practice Being a Manager In Control or Control Freak- RE Scenario Small businesses, particularly those selling products for which demand is seasonal, can find it challenging to set an appropriate level of staffing. While larger companies can absorb fluctuations in demand by cross training existing staff and moving employees around within the company, small businesses are more limited in their ability to do so. Having too few staff on board can cause delays in production when demand increases, and new employees will need training before they can become fully operational. However, having too many permanent staff incurs unnecessary cost for the business. Identifying the appropriate staffing level maximizes revenue and minimizes expenditures. Step 1 Gather workload data. Identify seasonal trends in production and determine if the workload remains static throughout the year or if there are certain peak times. If workload fluctuates, determine the baseline level of work that remains constant throughout the year. This should be considered throughout the teams that RE has created for the contest. Step 2 Determine the core and continuing projects in your business, and identify the number of employees needed to staff them adequately. For example, you may have a contract with a key client who demands knowledgeable and consistent staff. Even if the workload from this client is variable, you might still want to have at least one permanent staff member assigned to the project to keep...
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...education of workers and government policies. II. Body: A. Causes a. Illiteracy and low level of education 1. ↓Level of education →↑risk of exploitation (Núnez & Livanos,2010) 2. Illiteracy →easier to accept exploitation (Chan,2004) 3. ↓Knowledge of laws→inability to protect themselves from exploitation (Lenard & Straehle, 2010) b. Poor labor legislation 1. Host countries restrict immigration →immigration laws unfavorable to immigrant workers (Misra, 2007) → ↑exploitation 2. Loopholes in law → being taken advantage of by employers (Gomberg-Munoz & Nussbaum-Barberena, 2011) 3. Flexible labor market → insufficient restriction (Miller, 2012) B. Solutions a. Education 1. ↑Educational level (e.g. Italy, Fullin & Reyneri ,2011) ↘ 2. ↑Practical skills → less exploitation of workers 3. ↑ Knowledge about labor laws (Zhang,2010) ↗ b. Developing labor laws and policies 1. Immigration laws and policies → more migrant-based (Misra ,2007) 2. Reasonable wages and working condition + more pressure on employers (Pines & Meyer, 2005). 3. ↓Loopholes of laws → protect workers’ rights III. Conclusion low education ↑level of education causes →↑exploitation ...
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...Syed Fahadulla Hussainy 2015-11-0159 Aqila Zaman Writing and Communication Sec 14 4th January 2012 Child Labor Is Child Labor Acceptable in Pakistan? Child labor is a global phenomenon that is defined as the children working under the age of 14 or 16 years. While most of the developed world has been able to overcome with this so-called social evil, child labor has been prevailing in almost all of the developing countries. The International Labor Organization (ILO) and Human Rights Organizations have been active in eliminating the practice of child labor through the agreement on the protection of the rights of children and the labor. The issue of child labor came into consideration in Pakistan when most of the European countries in 1990s declared a boycott on the goods exported by developing countries that involved child labor. As a result, child labor laws were passed in Pakistan in 1991 which banned child labor in certain manufacturing sectors. According to Federal Bureau of Statistics, a survey funded by IPEC (International Program on the Elimination of Child Labor) showed that in 2010, the working children in Pakistan numbered to 3.8 million (Arshad n.p). Although it is argued that child labor deprives children from education and leads to immoral acts such as exploitation and child abuse, it can be justified in Pakistan considering the current economic situation and educational infrastructure in the country and because it could give some economic and social benefits...
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...touches upon is child labor controversy. It has been widely known for years that different corporations use labor provided by other countries, because it is cheap and provides the most amount of profit to the company involved. This leads to the idea that corporations are deceptive, have a reckless disregard for people, fail to abide by social norms, and are incapable of experiencing guilt. The movie views child labor and a corporation's disregard for people as an epidemic because it is such a common method for producing products. My review of the corporate documentary film will be on the topic of labor. Noam Chomsky, Institute Professor, MIT, discussed about Labor Market Flexibility. She commented about the features of contemporary economic systems is on imposing flexibility in labor markets. When labor market flexibility is achieved, the corporation achieved efficiency. But this comes with a cost of mental illness due to insecurity. I agree generally in theory where Firms' ability to make changes to their workforce in terms of the number of employees they hire and the number of hours worked by the employees. A theory stated a flexible labor...
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...Chapter V: Protection of assets and business and technology secret Article 17: Protection of assets * Assets include all things: machinery, tools, equipment, materials and spare parts, materials, waste, electricity, water, land, warehouses, security Cutting tools, documents, ... other things owned by company. * Employees have responsibility with use with the right purposes, keep and preserve the assets of company. Forbidden using the assets of company wastefully, carelessly, irresponsibly or stealing. * Any loss or damage the assets of company is caused by squandering, careless and irresponsibility or theft is disciplined. The employee is forced paying compensation and prosecuted in court in serious cases according to law. * The employee does not bring documents, books, specimens, supplies, machinery and equipment of the company out of the construction site, except with having the agreement of the Head of Department and announce to record tracking. * When there is no demand to use or when employee quits, the employee must be handed over the assets of company. Article 18: Awareness of thrift and anti-wastefulness * Absolutely do not use the telephone of company for personal purposes. In case, hearing the personal call by the telephone of company does not affect other important calls of company. Using the telephone for working must be reasonable, concise, and save enough to convey or handle work. * Only use the printer, copier, scanner, ... for the...
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...charge less for the same amount of work done) - Sweatshops are good for third world countries because they provide better wages and working conditions than the alternatives (e.g. prostitution) -Sweatshops are creating jobs for people in developing countries allowing them to have discretionary income - sweatshops are a major source of capital accumulation in a country. -Countries with sweat shops save on cost in production and so have increased capital investments by other countries and trade ports increases which lead to economic success -decrease in unemployment rate in the country that the sweatshops are located BAD -sweat shops create monopolies as small businesses can’t enter due to cost (they can’t get cheaper labour) -sweatshops often don’t pay tax and thus don’t pay for the public services they use for production and distribution and don’t contribute to the country’s revenue. SOCIALLY GOOD - They creates jobs for the unskilled people and people who unable to go to school not wasting mental capital, eliminating unemployment and income being generated. Some communities encourage people to work in a sweatshop. - Sweatshops are good because the clothes you and I are wearing today are made in a sweatshop so without them we wouldn't be clothed and made with good skill. - keep girls away from prostitution and therefore a decrease in the spread of stds and hiv -Living standards are better than what they could have been without sweatshop jobs...
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...Many managers have bought into expensive fictions about compensation, Haveyoul SIX DANGEROUS MYTHS ABOUT PAY BY JEFFREY PFEFFER pays an average C average of $21.^2hourly wage of $18.07. ^^^^ second pays an an hour. Assuming that other directemployment costs, such as benefits, are the same for the two groups, which group has the higher labor eosts^ • • • • An airline is seeking to compete in the low-cost, low-frills segment of the U.S. market where, for obvious reasons, labor productivity and efficiency are crucial for competitive success. The company pays virtually no one on the basis of individual merit or performance. Does it stand a chance of successl • • • • A company that operates in an intensely competitive segment of the software industry does not pay its sales force on commission. Nor does it pay individual bonuses or offer stock options or phantom stock, common incentives in an industry heavily dependent on attracting and retaining scarce programming talent. Would you invest in this company} • • • • ONSIDER TWO GROUPS of Steel miiiimills. One group Every day, organizational leaders confront decisions about pay. Should they adjust the company's compensation system to encourage some set of behaviors? Should they retain consultants to help them implement a performance-based pay system? How large a raise should they authorize? ARTWORK BY CRAIG FRAZIER SIX DANGEROUS MYTHS ABOUT PAY In general terms, these kinds of questions come down to four decisions...
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...´ NOELLE J. MOLE PRINCETON UNIVERSITY Living it on the skin: Italian states, working illness A B S T R A C T In this article, I examine the codification of an Italian work-related illness caused by mobbing, a type of psychological harassment that emerged at the moment neoliberal policies transformed Italy’s historically protectionist labor market. I trace how the medicalization of mobbing has expanded workers’ access to compensation, resources, and discursive tools for criticizing neoliberal labor conditions, even as it has produced new structures of surveillance. I unravel the neoliberal politics of a state that protects workers’ health yet governs worker–citizens through an apparatus of medical experts. I find that workers’ labor problems are experienced and managed as bodily problems in ways important to remaking Italian citizenship. [neoliberalism, state, labor, biopolitics, citizenship, bodies, Italy] An institution, even an economy, is complete and fully viable only if it is durably objectified . . . in bodies. —Pierre Bourdieu1 It was the spirit of capitalism made flesh. —Upton Sinclair2 n 2003, a new psychophysical disturbance, organizational coercion pathology (disturbi psichici e fisici da costrittivit` organizzativa sul a lavoro), or OCP, became a work-related illness that was insurable by an Italian state public-health institution (Istituto Nazionale per l’Assicurazione contro gli Infortuni sul Lavoro [INAIL] 2003).3 Telltale symptoms, often likened to those...
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...despite efforts to improve its macroeconomic environment—including the dollarization美元化 of its economy in early 2009, which brought down降低 inflation and interest rates—Zimbabwe still receives a low rank in this pillar (114th), demonstrating the extent of efforts still needed to ensure its macroeconomic stability. Weaknesses in other areas include health (132nd in the health sub pillar), low education enrollment rates, and formal markets that continue to function with difficulty (particularly with regard to goods and labor markets, ranked 130th and 140th, respectively). The efficiency-driven stage: China China remains stable at 29th position this year. The Chinese institutional framework 体制 is improving slightly (47th), but weaknesses—including corruption (68th), security issues (75th), and low levels of accountability义务 (82nd) and ethical standards (54th) among businesses—remain. In addition, problems endure in those areas that are becoming increasingly important for China as it becomes wealthier and can no longer rely on cheap labor: its financial market (54th) is undermined...
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...Temporary employment is becoming increasingly popular within the UK, allowing organisations to manage when they encounter staff shortages, and external and competitive pressures. Temporary workers are individuals who are employed by organisations to fulfil job roles when they are in demand. Temporary employees may work full-time or part-time, for one week or several, depending on whether or not the organisation requires their labour. Temporary working contributes to the labour problem of low productivity and low performance, this essay will considered this employment form from a number of perspectives and discover solutions to this problem. The articles will be critically evaluated weighing up opinions and arguments made by each author. Firstly a brief introduction of the profiling of the temporary workers, followed by reasons for employing temporary staff, and the benefits and drawbacks to both the employer and employee. Following the evaluation will be an analysis of each management perspective and solutions for the temporary working labour problem. Profiling Temporary Workers Kirk and Belovics (2008) suggest that a large number of individuals comply with the key characteristics of temporary workers. The most common profile of temporary employees is those individuals who are looking for flexible working arrangements or low-skilled work; women, students and immigrants. Conley (2002) agrees with Kirks and Belovics (2008) profiling of temporary workers, as studies have revealed...
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...A respected and well known corporation no doubt would be Nike. In order to save money and cut expenses Nike has outsourced its labor outside of the United States. Production and labor cost are indeed a lot cheaper outside of the United States. Nike had factories located in China, Vietnam, Indonesia, and Mexico due to the cheap cost of labor in those countries. In the 1990s Nike was criticized for child labor in Cambodia and Pakistan. The accusations claimed that children were being used to do the stitching on football balls. Other accusations regarding Nike was about the terrible working conditions in Malaysia regarding their employees. All of the accusations of course raised criticism regarding Nike’s ethics. The perspective of childhood and responsibilities varies across countries, ethnic groups, and cultures. An example would be for instance, in poor areas like Mexico or Pakistan, there is nothing wrong with children working in order to help their families with the household expenses. On the other hand, here in the United States there are child labor laws safeguarding children from taking such responsibilities that are laid on them at such an early age. Unlike the children in the United States, children in Mexico or Pakistan have to work at such as early age to help support their families, it is more of a necessity or a means of survivor more than anything else. The issue of child labor affects Nike’s corporation and its interactions outside of the United States...
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...I. Executive Summary The content of this paper is divided into six part, summary, introduction, description, application, recommendation and principles. The aim of this paper is analyze the employment contract. The steps of the analysis are reading the employment contract carefully, deconstructing the clauses of the contract line by line, pulling out different legal principles, tell the stories or create the scenario that how they fire you, give my recommendations and what I learned about this contract. The reason this employment contract created is because both the employer and the employee need to confirm their obligations, liabilities, and rights. The relationship between the company and the consultant should based on a valid employment contract. In the recommendation part, I try to find out the best way that the consultant can do under this agreement, and if the problem is arising, how can we solve it. The pulling out of legal principles found that many common law ideas were applied in the contract. The use of common law specifies the provisions that about what the consultant can do and what they cannot do. The contract is written in English, and the words is used in the contract are no ambiguity. I explain the clauses line by line use my own words. The clause covers many areas, and it is detailed. The scenario part covers stories that I try to explain the application of the common law based on this contract. I use some certain example that will occur...
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