Organization Theory, Design and Change Essay Example | Topics and Well Written Essays - 250 words - 6

BOGART - A CASE IN POINT Study Example | Topics and Well Written Essays - 1000 words

BOGART - An IN POINT - Case Study Example At the point when their plan was distinguished the men had figured out how to leave the premises with touchy and fundamental data including the B.I.D. program. The disaster at last cost the organization, roughly, 1,000,000 dollars to recoup, fix, and pay the vital professionals to fix the harms and dispose of the fall to pieces â€Å"booby-traps† they had set. These expenses added up to, about, twice as much as it cost to at first actualize and money the new programming's turn of events. There are various viewpoints to the contextual analysis here one can condemn Bogart’s approaches and practices according to this point. Notwithstanding, there are 10 explicit changes that would have helped the Bogart Company to forestall and proactively manage the issues made by the designers. These ten recommendations clarify where the Bogart Company turned out badly and changes that they could actualize that may have forestalled issues. These executions could, likewise, help them in p revention of such issues later on. 1. Know Your Staff: These respectable men were recently employed and quickly gave a tremendously significant errand; it may have been more shrewd not to put so much confidence and duty in somebody whose organization loyalties can't be known. 2. Never Let Employees Work on Sensitive Projects at Home: These new recruited designers ought to never have been permitted to telecommute. Outside the work environment condition it is highly unlikely for directors, supervisors, or other staff to approach the work that these representatives are doing. 3. The executives Need to be associated with Sensitive Projects: The improvement of group included just these two men included two others. With such a little group taking a shot at something so naturally imperative to the fate of the business, there ought to be a degree of association structure administrative and the executives staff. They ought to have been all the more intensely present. This, by itself, could h ave hugy affected the practices of representatives. 4. Trademark and Protect Interests from the Start: Once the one of a kind components of their framework had been resolved, they ought to have quickly trademarked and ensured their privileges, prior on, going before the copyright endeavors of the exploitative representatives. 5. Ordinary top to bottom Reviews of the Work: The planners had the option to encode the framework with booby-traps that could totally bargain and shutdown the framework. It more individuals had been included or mindful of the procedure then these representatives might not have had the â€Å"free reign† that permitted them to do as they did. More grounded intelligent practices from chiefs are fundamental. 6. Ensure Staff Feels Importance and Loyalty to the Company: Be certain to introduce a feeling of significance and pertinence to staff commitments, along these lines, your staff can be your eyes, ears, and watchmen of the company’s morals and pri nciples. For this situation, it was the trustworthiness and sharp eye of another representative that recognized the planners shrouded trademark logo. Had that representative, for the situation study, not distinguished that trademark the result for this situation may be an incredible arrangement unique (Mayhew, 2013). 7. Execute Strict Policy from the Start: The Company utilized the marking of stricter security arrangements as a ploy to

Unforgettable day Essay Example | Topics and Well Written Essays - 500 words

Remarkable day - Essay Example All together in the quietness, I comprehended for a second the deadness that individuals feel in the primitive desert. It was hard to envision and see a spot without human presence. I nearly accepted that the crude land will be appreciative after the takeoff and nonattendance of the vacationer as the desert, and its manifestations will come back to their old states undisturbed by the restless and agonizing men. I remained on the open, out of the black market. A thousand feet beneath me were a bending edge of sandstone that was existing to the eye, a modest component that was lost in the endlessness of the gulch frameworks. Far in the east was a confined tempest that was bubbling over the desert as a mass of mists that was circumscribing the earth surface with trailing window ornaments of downpour and lightning. A land where there is not many indications of life and were streams stream inconspicuous through the channels in the stone. Other landscape comprised of brilliant hills, deser t lakes, alluvial fans, levels, playas and desert creatures for example snakes, camels and winged creatures. Walking around with my family, it appeared that the abnormality and miracle presence of the desert was truly underlined here by the relative shortage of the fauna and greenery. Desert life isn't packed spot however plants here are dispersed abroad in effortlessness and scantiness. The living being stood apart intense and bold with a liberal endowment of room characterized between each tree, shrub or stem of grass existing distinctively against the dormant shakes and sand. In the desert, there is no any lack of water. Or maybe, water in the desert is very in the fitting sum making an ideal proportion among water and rock safeguarding the liberal space among plants and creatures, urban communities and town. Actually the desert hushes up an altogether different spot from different pieces of the country. As a family, we were to go through the night in two tents in the desert. I was apprehensive however the nearness of my siblings who were senior than me frantic me more grounded. We played soccer at night

Lighting a Fire free essay sample

At age twelve, I had little enthusiasm for finding out about the universe of building and even less enthusiasm for summer school. All I needed was to do approve in center school and play computer games in my spare time. Therefore, I was incensed when my mom let me know in the second 50% of my seventh grade year that she anticipated setting me into the Prefreshman Engineering Program (PREP) for about two months throughout the late spring. I previously worked at the family café my folks claimed on ends of the week from nine in the first part of the day to eleven around evening time. At the point when summer began, I’d be going through six hours per day in PREP from Monday to Thursday, and afterward need to work at the café on Friday and Saturday throughout the day, leaving just Sunday for my satisfaction. In this manner, I stubbornly accepted my mom was asking the inconceivable, that she needed to deny me of my youth. We will compose a custom article test on Lighting a Fire or on the other hand any comparative theme explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page Feeling that she was unable to comprehend my battle, I contended with her over the issue one day at the café. I needed to fit in, similar to the normal American child who spent summers voyaging. My Americanized impression of life conflicted with my mother’s customary Chinese qualities about the significance of tutoring. We lived in America, not China, so to me, Chinese thoughts didn’t apply; I scorned her accounts of being the top understudy in her secondary school class. She hadn’t done all around ok on the Chinese National College Entrance Exam to fit the bill for section into an advanced degree, so I saw no motivation behind why she should constrain her old goals of advanced education on me. â€Å"It’s not reasonable, nobody else I know does this!† I stopped fire when I saw my mom about in tears. I chilled out my tirade and woke up. I was sorry yet at the same time made it completely clear I would not like to go to PREP. Quick forward a month and summer was going to begin in half a month. I again endeavored to persuade my mom to not place me in PREP, in spite of the fact that this time around I attempted a gentler methodology. Luckily for me, my mom would be wise to handle of my character than I. She made me an arrangement: on the off chance that I consented to go to PREP, she would give me $500 in real money on the spot. My determination to not go to PREP was obviously a lot more fragile than I suspected on the grounds that my ravenousness stomped all over it and I assented. I stowed away the $500 in the pocket of an old coat in my storage room and thought nothing a greater amount of PREP bringing down my mid year or the work my folks had done to acquire that cash, just how I would spend it after PREP was finished. At the point when the opportunity arrived to go to the University of Texas at San Antonio for PREP’s first day, I gulped any hesitance I had. After presentations and fitness tests for all understudies, I set into the most noteworthy positioning gathering, Thor. The remainder of the day was spent becoming acquainted with educators and our Program Assistant Martin, an undergrad administering our gathering. A little while passed rapidly and I understood the program wasn’t so terrible; truth be told, I started to appreciate it. The educators were exhaustive and offered coaching in the event that anybody required assistance on assignments. All the more significantly, I really found the subjects very intriguing. In our designing class, we would develop speakers out of paper plates and bits of metal or fabricate a strong extension out of toothpicks; in Logic, we would take care of complex word issues by dismembering sentences each in turn until we could imaginatively actualize a law or hypothesis that permitted us to arrive at the appropriate response utilizing the straightforward thought of â€Å"if p, at that point q†. There appeared to be no restriction to what could be brainstormed or made, on the off chance that I would just attempt. When PREP was finished, I had acknowledged two things: that the late spring had been tremendously charming and that my mom had consistently pushed me to exceed expectations, despite the fact that I placated myself with average quality. Harping on my indignation at continually being pushed to accomplish more than I needed, I had wouldn't recognize reality. My mom focused on greatness and training so much since she saw a bigger number of chances for me here in America than she and my dad at any point approached experiencing childhood in towns on the rice fields of Taishan, Guangdong. Understanding the language and culture obstructions my folks had battled with in raising me up to that point, the day after PREP I gave her back all $500 and an expression of remorse for my past bratty conduct. A fire in my brain had been lit in quest for information for the good of its own, and that, to me, had more an incentive than any measure of cash.

Writing Problems Common for Students With ADHD

Writing Problems Common for Students With ADHD ADHD School Print Writing Problems Common for Students With ADHD By Keath Low Keath Low, MA, is a therapist and clinical scientist with the Carolina Institute for Developmental Disabilities at the University of North Carolina. She specializes in treatment of ADD/ADHD. Learn about our editorial policy Keath Low Medically reviewed by Medically reviewed by Steven Gans, MD on August 05, 2016 Steven Gans, MD is board-certified in psychiatry and is an active supervisor, teacher, and mentor at Massachusetts General Hospital. Learn about our Medical Review Board Steven Gans, MD Updated on February 01, 2020 ADHD Overview Symptoms Causes Diagnosis Treatment Living With In Children damircudic / E+ / Getty Images Children with ADHD are five times more likely to have writing problems than are children without ADHD, regardless of gender. Among both boys and girls with ADHD who also have a reading disability, however, girls have an even higher chance of developing a written language disorder, creating even more challenges for girls in the classroom.?? The Process of Writing Involves Integration of Several Skills The process involved in expressing oneself through writing is actually a quite complex, multi-step process. It requires the integration of several skills, including planning, analyzing, and organizing thoughts; prioritizing and sequencing information; remembering and implementing correct spelling, punctuation and grammar rules; as well as fine motor coordination. As students age and move into high school and college, the expectations around writing become even more demanding. Essays and reports that require students to communicate what they know on paper figure more prominently into the curriculum. It is no wonder that writing can create such anxiety in students with ADHD. Simply starting the process and getting ideas and thoughts out of their head in an organized manner and down on paper can feel like an  uphill battle. Many students with ADHD find that they tend to take much longer than their classmates to complete work. And when they do complete their assignments, they may find that they produce less written workâ€"shorter reports, less discussion on discussion questions, and fewer sentences on each test questionâ€"as compared to their peers without ADHD. ADHD Challenges That May Lead to Writing Difficulties Why is it so tough for students with ADHD to produce well-crafted, thoughtful, carefully edited writing? Here are nine of the top reasons: Keeping ideas in mind long enough to remember what one wants to sayMaintaining focus on the train of thought so the flow of the writing does not veer off courseKeeping in mind the big picture of what you want to communicate, while manipulating the ideas, details, and wordingWith the time and frustration it can take to complete work, there is often no time (or energy) remaining to check over the details, edit assignments, and make corrections.Students with ADHD generally have problems with focus and attention to details, making it likely that they will make errors in spelling, grammar, or punctuation.If a child is impulsive, he or she may also rush through schoolwork. As a result, papers are often filled with careless mistakes.The whole proofreading and editing process can be quite boring, so if a student does attempt to review work, he or she may quickly lose interest and focus.Challenges with fine motor coordination can complicate writing ability further. Many students with ADHD lab or with their fine motor coordination, resulting in slower, messier penmanship that can be very difficult to read.Simply sustaining the attention and mental energy required for writing can be a struggle for someone with ADHD. Students with ADHD can work on strategies to improve writing skills that address common learning problems that can interfere with the expression of written language. Top Strategies to Improve Writing Skills in Students With ADHD

A Hypothetical Peace Natural Philosophy as the Solution to the Jewish-Christian Conflict in New Atlantis - Literature Essay Samples

It was 1627 when Sir Francis Bacon published his utopic treatise New Atlantis and Europe was polluted by religious tension, much of which revolving around the recent surge of science but some having existed since long before. Of course, one could enumerate these conflicts, citing the Protestant Reformation as many of their catalyst, but guided by New Atlantis one should focus on the ever-fraught Jewish-Christian dynamic insofar as it informs Bacon’s construction of his utopia Bensalem. Before beginning, it should be made clear that the Jewish-Christian conflict much predates Bacon’s writing and plants its roots most saliently in the Jewish decide, ascribing to which many a Christian has blamed Jesus’ crucifixion on the Jewish people and cited the bible as evidence. (King James Bible, Matt., 27:24-25). This, combined with myriad other complications, imbued anti-Semitism throughout the European continent, translating it into various crusades and pogroms that result ed in the massacre of countless Jews. Now given this brief history of the Jewish-Christian tension, one can contrast it to New Atlantis, wherein Bacon provides his reader with a utopia in which Jews and Christians tolerate each other. But, it is not as though Bensalem resembles Europe in all aspects aside from religious harmony; indeed, Bensalem is a stark departure from European, for if it weren’t, its Jews and Christians wouldn’t coexist. As a chief difference, Bensalem is very much a scientific society, dedicating itself to the pursuit of natural philosophy, here described as knowledge and understanding of God’s creations. (Bacon, 20). Devotion to natural philosophy, as it exists in Bensalem, can be understood as the transcendent solution to Europe’s incessant Jewish-Christian conflict; such is to say, through his utopia, Bacon hopes to argue that science, and the objective mindset it employs, promotes toleration and peace. To this end, Bacon weaves Jewish tradition throughout the otherwise Christian Bensalem and ultimately personifies such fusion in the story’s only Jewish character, Joabin, in whom he at once dramatizes and rectifies the Jewish-Christian conflict. Before unpacking Bensalem’s implications and Bacon’s intentions, it stands to reason that one need understand both the utopia’s history and institutions. For an explanation of the former, one can look to Joabin, who recalls Bensalem’s original Jewish ancestry: â€Å"being desirous by tradition among the Jews there to have it believed that the people thereof were of the generations of Abraham†¦and that Moses by a secret cabala ordained the laws of Bensalem which they now use†¦Ã¢â‚¬  (26). Yet, Bensalem has since moved past its Jewish roots, having Christianized itself after Jesus’ crucifixion and the subsequent revelation of the ark by the apostle Bartholomew. (13). Meant to deliver â€Å"salvation and peace,† this ark contained books of both the Old and New Testaments—the former pertaining solely to Judaism but both to Christianity—and so saved Bensalem from â€Å"infidelity,† obviating the flood that would wa sh over the rest of the old world. (13). In spite of this Christianization, Bensalem still retains â€Å"some few stirps of Jews† (25), like Joabin, who are free to practice their religion. Indeed, the utopia will never truly be rid of its Jewish roots: its name translates from the Hebrew to mean â€Å"peaceful son,† and perhaps Bacon chose this to remind the now-Christian state of its heritage. In any case, the Jews that remain, Bacon points out, are â€Å"of a far different disposition† (25) from the European Jews, who â€Å"hate the name of Christ, and have a secret inbred rancor against the people among whom they live† (26). By contrast, the â€Å"good Jew† of Bensalem would acknowledge â€Å"Christ was born a Virgin; and that he was more than a man,† and such beliefs jive with the Christian remainder of the population, nullifying any would-be conflict between the two groups. Now, one could argue that in Bacon’s Bensalem it is not science that quells religious tension but this more flexible breed of Judaism that is inherently less at odds with Christianity and thereby less controversial. But, it is crucial to remember that Bensalem exists only in the hypothetical and that the Jewish-Christian conflict did indeed exist and inform Bacon’s writings. Irrespective of the differences between real, contemporary European Jews and Bacon’s, there is no Jewish-Christian conflict in Bensalem, and the reasons thereof have yet to be understood. As mentioned, Bensalem is a scientific society, bolstered at its core by the institution of â€Å"Solomon’s House,† whose implications are at once complex and vital to understanding New Atlantis’s deeper allegories. Sonically, â€Å"Solomon’s House† reminds of two figures: the first, Solomona, was Bensalem’s first King (18), and the second, the biblical Solomon, was son of David and King of Israel. According to the Bible, God gave King Solomon â€Å"wisdom and understanding exceeding much, and largeness of heart† (1 Kings, 4:29), a description that undeniably guides Bacon’s construction of King Solomona, who has a similar â€Å"large heart† (18). More, the biblical Solomon’s crowning achievement was his construction of â€Å"a house of the Lord at Jerusalem† (2 Chron., 3:1); this first Jewish temple, or â€Å"Solomon’s Temple,† was the contemporary mecca for Jewish worship, housing the Ark of the Covenant and drawing as its crowd â€Å"all the men of Israel† (1 Kings, 8:2). Just as the Bible remembers King Solomon for his temple, so too do the Bensalemites remember King Solomona for his own, similarly named â€Å"Solomon’s House,† and deemed the â€Å"noblest foundation†¦that was ever upon the earth, and the lantern of [Bensalem]† (Bacon, 20). Indeed, the sonic si milarity between the two respective institutions is by no means accidental, for Bensalem’s â€Å"Solomon’s House† can be taken to â€Å"denominate the King of the Hebrews† whom King Solomona â€Å"finds himself to symbolize† and from whose works he seems to have been influenced. (20). As it turns out, King Solomon actually advanced the natural philosophy, leaving remnants of his studies not with the Europeans but with the Bensalemites: â€Å"for we have some parts of his works which with you are lost; namely, that natural history which he wrote of all plants†¦.and of all things that have life and motion† (20). Then, being acutely and undeniably aware of the connection between the natural science and King Solomon, these Bensalemites sometimes refer to â€Å"Solomon’s House† by another name, â€Å"The College of Six Day’s Works,† a nomenclature that admits their â€Å"excellent King had learned from the Hebrew s that God created the world and all that therein is within six days† (20). As should come of no surprise, this second name also nods to the Bible, in which God is said to have created the world in six days, with the seventh being deemed the Sabbath (Ex., 20: 11). No doubt privy to this infamous six-day timeframe and its centrality to the Jewish tradition, Bacon employs the number throughout the work, mentioning â€Å"six of the clock† and â€Å"six [travellers]† (6-7). Although subtle, Bacon’s repetition of the number six speaks more greatly to the infusion of the Jewish tradition in an otherwise Christian narrative, which can be more specifically and fruitfully observed in Joabin. Joabin’s role in both Bensalem and New Atlantis is an absolutely crucial one, for he is at once a figurative parable and a literal example of Bensalem’s religious tolerations. For evidence of the former, one should start by understanding the derivations of his name, which comes from the biblical Joab. As the Bible tells it, Joab was King David’s nephew—and so Solomon’s cousin—and the murderous commander of his uncle’s army. Time and time again, Joab murdered King David’s political enemies (2 Sam., 3:27), eventually disobeying the King’s orders (2 Sam., 18:5), and killing his third son, Absalom (2 Sam., 18:14). As punishment, Joab was demoted from his position of commander and replaced by Amasa, whom he then proceeded to deviously kill, pretending to kiss him as a sign of peace but instead stabbing his stomach. (2 Sam., 20:9). Aware of Joab’s proclivity for blood shed, King David dissociated himself from his nephew and upon his deathbed advised Solomon, his successor, to have him executed (1 Kings 2:9), an order soon thereafter carried out. (1 Kings., 2:29). And so, the Bible remembers Joab as a villain, not just of Kings David and Solomon, but also of the greater Hebrew people against whom he acted in vain. As a point of departure, Bacon’s Joabin is no villain; in fact, he is a friend of a state and a participant in â€Å"Solomon’s Temple.† As proven above, there is undeniable connection between King Solomon and his temple and King Solomona and his; and so, by deriving his character’s name in that of Solomon’s enemy, Bacon allows himself opportunity to rectify the biblical conflict. In New Atlantis, Bacon refers somewhat ambiguously to Joabin as a â€Å"merchant† (26), though of what in particular it remains unclear, and uses him as a mouthpiece to convey the most narrative’s most intimate details of Bensalem’s sociological customs (26-29). Alone, these moments don’t yield much consequence, but soon after their occurrence, Joabin is â€Å"commanded away in haste† by the father of Solomon’s house who then â€Å"commanded [him] to tell you that he will admit your company to his presence† (30). With this, Joabin becomes more than just an ambiguous merchant, but is revealed to be some sort of intermediary between the scientific â€Å"Solomon’s House† and the peoples of Bensalem, ostensibly existing as one of them but reporting directly to the Father. Though it is difficult to say with absolute certainty, perhaps Joabin is one of the twelve â€Å"merchants of light† (38) that brings knowledge from abroad back to Bensalem and that he converses with the travelers in such capacity. Indeed, Bacon only uses the term â€Å"merchant† twice in his story, once using it to describe Joabin and a second time to name the â€Å"merchants of light.† In any case, the allusive and sonic implications of King Solomona and Joabin are intentional, meant as a nod to the fraught relationship of their respective namesakes. As â€Å"Solomon’s House† clearly takes roots in King Solomon’s interest in natural philosophy, by assigning Joabin a role in the order itself and connecting him to the science studied therein, Bacon rectifies the biblical drama. But, it’s dangerous to interpret Joabin as representative of the entire Jewish race; truly, it’s better to understand him as a parable in and of himself. Such is to say, by connecting Joabin to both the Jewish-Christian conflict and to the science, Bacon implies that the latter can help to quell the former. In addition to connecting aspects of Bensalem through religious allusion, Bacon unites the entirety of his utopia around the pursuit of natural philosophy. Firstly, he relates King Solomon as an original natural philosopher, ultimately extracting that the study of the God’s creations increases man’s appreciation of and utility for them. King Solomona, then, continues this practice, codifying it in â€Å"Solomon’s House† and rendering it absolutely central to Bensalem’s existence. And finally, Bacon includes Joabin, connecting him to both â€Å"Solomon’s House† and to Bensalem’s greater population, ultimately relating him as an intermediary between the two. At the core of Bensalem, it is natural philosophy that allows religious toleration, and to convey this, Bacon relies on religious allusions and homophonic names, using them to rectify age-old religious conflict and to urge his society to a less divided, more objective future.

We Must Put an End to Police Brutality - 4558 Words

Rodney King, one of America’s most powerful civil rights activists for people abused by police, has taught the world a lesson in his plea: â€Å"People, I just want to say, can’t we all get along?† On March 3, 1991, after a high-speed chase, King was pulled out of his car, thrown on to the ground, and beaten up by the Los Angeles police, which George Holliday videotaped. The four L.A.P.D. officers involved were charged with assault with a deadly weapon and one officer was charged with using of excessive force. However, after a three-month trial, which was held in Simi Valley, a suburb of Los Angeles, a predominantly white jury acquitted the officers. This inflamed the citizens, which resulted in the violent 1992 Los Angeles riots. In this†¦show more content†¦Even sitting in a parking lot to rescue one’s child can result in an assault. Tiffany Hobbs, a victim of police abuse, offers an interesting and important perspective on the subject of police misconduct because of her experience and that of her children, including her unborn baby. While Hobbs was waiting in the driver’s seat of her car for her husband to finish checking out at Walgreens, her youngest accidentally fell out of the car. As Hobbs checked to make sure her child was not hurt, a police car pulled up and blocked her in. The officer began to write Hobbs a ticket for loitering. However, Hobbs was upset because she was visibly pregnant, simply putting her daughter back into the car. When Hobbs got back into her car, she locked the door. Unfortunately, after Hobbs locked the door and rolled the window down to talk to the officer, the officer used a Taser gun on her. All Hobbs remembers is hearing her children screaming and crying. Additionally, as Hobbs began to have chest pains, she realized that wires were hooked to her. Overall, she was scared n ot only for herself, but also for the life of her unborn child. Hobbs decided to open the car door and was forced to lie down with her hands cuffed tightly behind her back, while her breasts and belly were exposed. Hobbs recalls that she later heard a female officer say, â€Å"She’s pregnant.† The arresting officer told her that he tasered Hobbs because he thought Hobbs was a flight risk, even though Hobbs was blocked inShow MoreRelatedWe Must Put an End to Police Brutality2016 Words   |  9 Pagessingle day in America, the prime suspects†¦ our police force. There are various stories and reports that all support one consensus; our law enforcement officers are overstepping their boundaries and transcending the division between military and police as well as inching America toward being a police state. Preventative measures must be taken or the future of our freedom will be glum. There are many solutions for this issue for example: restrict police force numbers, a mend the constitution accordinglyRead MorePolice Brutality Is Not A Problem1545 Words   |  7 PagesPolice officers are individuals who enforce the law upon their community to ensure that their citizens remain safe. In the past couple of years, officers of the law have been involved in acts of brutality that seem to go beyond the proper measurements of protection for their citizens. Policemen are supposed to protect their citizens from danger and from harm, not impose a threat on them. The fact that officers have a history of abusing their power indicates that their trust amongst the communityRead MorePersuasive Essay On Police Brutality1079 Words   |  5 Pagessimplest procedures such as a traffic stop. Most do not even want to encounter a policer officer. The reason why? Police brutality. The article Police Brutality by gale defines police brutality as: The use of unnecessary, excessive force by police in their encounters with civilians. The force used is beyond what would be considered necessary in the situation at hand. (Police Brutality). The same individuals who are supposed to protect and serve the citizens of the United States have instilledRead MorePolice Violence Has Gone On Since Slavery Times959 Words   |  4 PagesPolice violence has gone on since slavery times, but had a big impact on the early 40’s- late 60’s. On June 27, 1969 Helen Smith stood with Donald Best, patrolman Alvin Nachman approached with his dog and ordered to â€Å"hold the noise down†. No neighbors had complained about anything, the police dog attacked Ms Smith and as she fought off the officer maced Ms Smith. She had to get a total of 75 stitches over her body, and was charged with assault on an officer (Alexandria Wicle). In the 90’s policeRead MoreIs Excessive Force in Police Brutality Related to Race Essays670 Words   |  3 Pagescivil disobedience, increasing cases of police brutality are growing at an exponential rate. Often cases of police brutality are brought to our attention through public media showcasing very disturbing and sometimes unla wful situations. Some may say that prejudice toward certain ethnicities may be the root cause of this recent influx. However, some may say that resulting social inequalities towards certain ethnicities may bring about frustration thus causing police officers to use more force more oftenRead MoreA Brief Note On Police Brutality And America1098 Words   |  5 PagesNovember 18, 2015 ENG 1113 CRN 12896 E4FD Police Brutality in America On April 12th, 2015, a young man named Freddie Gray, was arrested for allegedly having an illegal switchblade on his person. That same day, Gray entered a police van for transport, seemingly fine. Only to leave that same police van half an hour later, in a coma, with severe injuries to his spinal cord. Thirty minutes is all it took, for a seemingly healthy man, to end up in the back of an ambulance. He died one week laterRead MorePolice Brutality And The Law Enforcement846 Words   |  4 Pagesdemonstrating the brutality of law enforcement has been becoming more frequent over the past couple of years. When you hear about these cases of police brutality, how often is it that law enforcement officials are punished for the crime they have perpetrated? Most of the time the law enforcement officials, who are very well in the wrong do not get any kind of punishment whatsoever for the crimes that they have committed and it all comes back to the power that they have. Police brutality cases have beenRead MoreAnalysis Of The Article Racism And Brutality By Cassandra Chaney1226 Words   |  5 PagesIn the article, Racism and Brutality in America, author Cassandra Chaney presented the case of Rodney King, a forty-seven year old African-American taxi driver, who was brutally attacked four LAPD police officers. According to her novel, the aim of her study was â€Å"to examine how the public generally perceive police and how race and racism shape this discourse.† Unfortunately, the public was left clueless. Rodney King’s case was left unfinished as the media never released any studies of implicationsRead MorePolice Brutality Is An Act Of Aggression And Unnecessary Force1571 Words   |  7 Pagesestimate annual cost of police misconduct to taxpayers is 1.8 trillion dollars (Wing 2015)? Police brutality is an act of aggression and unnecessary force to handle a situation, most cases in physical form. It also plays a role in ethnicity, not all, but most police officers are still racial profiling. This controversy has been an issue of the U.S criminal justice system for decades, especially among minorities. In 2015, a record 1,207 people were killed by American police, making us the only nationRead MoreThe Monster And The Police1512 Words   |  7 Pageshumans when they obtain power, even those who are bound or enforce the law. Mark Neocleous explores this within his article titled The Monster And The Police, Dexter To Hobbes, published on May/June 2014 within the Journal: Radical Philosophy 185. Within this journal article; Neocleous discussed the problem of police brutality and the attitude that police have about themselves regarding the authority they possess that they may place before the law, and the need for such behaviour to be revoked. He introduces

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Immigrants And Multi Generational Citizens Essay - 1887 Words

Introduction Immigration is one of the central themes of the founding of the United States and as such it is often the epicenter of controversy among both citizens and policymakers. Throughout the twentieth century, American citizens and policymakers have brought to the forefront the importance of immigration and the role immigrants play within society. This can be a cause of friction between immigrants and multi-generational citizens because immigrants are often viewed with a negative connotation. They are often blamed for stealing jobs from hardworking citizens, draining the healthcare system and adding to the homeless population. They are associated with crime, poverty and in general they are perceived as undesirable members of society (Spenkuch, 2014). The relationship between crime and immigrants is of particular importance because there is a common perception that immigrants cause crime and their neighborhoods are riddled with criminal activity. Also important to note is that the characteri stics of immigrants tend to coincide with members of the native-born population that are disproportionally incarceration. In general, they are poorly educated, earn low wages and are young, males. This led to the perception that incoming immigrants continuously add to the lower class, criminal population. In order to clearly understand the relationship between the two concepts they must be examined both from a theoretical and empirical viewpoint Empirical Data Historically,Show MoreRelatedAmerica Is A Nation That Created By Settlers And Immigrants948 Words   |  4 PagesBeing an American is different from being a citizen of any other country for numerous reasons. America is a nation that was created by settlers and immigrants; it boasts an inherently diverse assemblage of citizens, unlike many other countries in the world. 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International NGOs and the Aid Industry - 1024 Words

The Article â€Å"International NGOs and the Aid Industry: constraints on international Solidarity† by Molly Kane is about the Make Poverty History campaign, which is a campaign that tried to eliminate global poverty using governmental action. It was initiated by NGOs trying to gain more aid, to help eliminate third world countries debt, and to help solve trade injustice. The campaign noticed an increase in North American development NGOs, and how all of them were campaigning for social change globally. Issues with social justice and aid depending on international politics are the most significant factors influencing African social, economic, and political life due to the fact that there is colonial ruling. The article talks about how poverty is the main problem facing third world countries, rather than rights and freedom. Increased financial dependence of INGOs has made third world countries dependent on the aid industries development. The process of decolonization was starte d to free the African nations from European colonial rule. The Article â€Å"NGOs, A Tainted History† by Firoze Manji and Carl OCoill is about how NGOs form a prominent part of the development machine in the developing world. With the thousands of NGOs that are now present in the world, their role in development is increasing every year. While their work contributes marginally to the relief of poverty, it also undermines the struggle of the African people to relieve them from economic, social and politicalShow MoreRelatedCritically Examine the Geopolitics of Humanitarian Aid Within the 21st Century.2228 Words   |  9 PagesCritically examine the geopolitics of humanitarian aid within the 21st century. How have responses to famine changed over time and what are the key challenges to famine prevention today? Geopolitics have played a huge role in humanitarian aid in the current century. 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Froebels Idea Of The Importance Of Play Education Essay Free Essays

Friedrich Wilhelm August Froebel ( 1782-1852 ) is commonly best known as the conceiver of the Kindergarten system. He was a German educationist who was brought up with a strong Christian religion, which was polar to his educationist idea. His love for nature besides weighs heavy on his thoughts and religion. We will write a custom essay sample on Froebels Idea Of The Importance Of Play Education Essay or any similar topic only for you Order Now He gained acknowledgment from his first major work in 1826 The Education of Human Nature, but became celebrated subsequently in life when his kindergarten system gained recognition. His thoughts of kindergarten later took root in England, America and Australia and his work and thoughts subsequently influenced Karl Marx. Froebel believed in the integrity in all things saying that: â€Å" an ageless jurisprudence pervades and governs all things. The footing of this all-controlling jurisprudence is an all-pervading, living, self witting and therefore ageless integrity. This integrity is God. † He believed in the integrity of cognition and the interconnectedness of all things. Froebel was of the sentiment that there are defined phases of babyhood, childhood, boyhood and manhood. Stage two of childhood was what Froebel deemed the most of import because he felt that at this phase they begin to come to footings with the integrity of the existence and get down inquiring inquiries about life. His apprehension of childhood was such that each kid has a godly kernel and is linked to the existence: â€Å" it is, so, with childhood that existent instruction begins. At this clip the head demands more attention and attending than does the organic structure † Froebel believed in the kid as basically good. He said â€Å" the lone infallible redress for antagonizing any defects and even evil is to happen the originally good beginnings, the originally good side of the humanaˆÂ ¦ † his belief of the built-in goodness of a kid relates to his thoughts that the kid should be encouraged to assist and educate themselves in a certain regard. He thought that single human chances would come about through the work of the person. He believed that â€Å" the intent of instruction is to promote and steer adult male as a witting, believing and comprehending being in such a manner that divine interior jurisprudence through his ain personal pick ; instruction must demo him the ways and significances of achieving that end. † Froebels ‘ strong belief that kids are of course originative persons and through drama they become cognizant of their topographic point in the universe led to one of his cardinal component of his pedagogical system, which is that of drama. He felt that broadens their apprehension of the environment they live in. Froebel thought that â€Å" drama is the purest, most religious activity of adult male at this phase, † and that â€Å" play, so, is the highest look of human development in childhood, for it entirely is the free look of what is in the kid ‘s ‘ psyche. † Froebel placed this accent on drama in Kindergarten with the usage of gifts ( play stuffs ) and businesss ( activities ) . He believed that worlds are basically productive and originative and through prosecuting with the universe, understanding could blossom. He presented the kids with a series of geometrical gifts that were in a system of classs. A gift was given one at a clip and the kid was left to detect its belongingss and possibilities for design. Here, Froebels thought of integrity was put into pattern, as each plaything related to the following in some manner, which exemplifies the integrity of all objects and things in the universe. For illustration, the first â€Å" gift † is a ball. Froebel writes that we should be â€Å" concerned merely with the ball itself in its simplest signifier and in its simplest dealingss. It may be free, or attached to a twine, and in each instance it can be moved either freely and indeterminately or vertically, horizontally, or sidelong, with mention to given surfaces. Here, as it were, it acts as a usher into the universe of things, following their lineations by its motions, and so stand foring themaˆÂ ¦should be considered in relation to the kid himself. † In this manner, the kid is free to detect the elements of the ball and educate and learn for themselves merely by observation and interaction with the ball. Froebel thought that â€Å" Every external object comes to adult male with the invitation to find its nature and relationships † the succeeding gift after the ball would be the Globe. Its has obvious similarities to the ball, but for a kid, it represents a new degree of apprehension, for illustration its weight means that it moves in a different manner to the ball. The Earth did non ostracize or replace the ball ; it reinforced the old gift of the ball. The kid would come on through phases of gifts and at the same time each phase of understanding. However Froebel was certain that â€Å" m erely the equal development of adult male at each predating phase can consequence and convey approximately equal development at each wining subsequently phase. † He finally felt that: â€Å" a toy is any thing which is related to the kid as agencies to a intent, and which, by making pleasant expectancy, calls forth drama in which he finds fresh and uninterrupted pleasance. † The activities set for the kids in Kindergarten included games, vocals and narratives designed to help in centripetal and physical development and socialization. By playing, kids socialise and copy grownup societal and economic activities as they are bit by bit led into the larger universe of group life. This relates to Froebels ‘ thought of whole kid instruction, where the kid is being educated all unit of ammunition as an person of society. Froebel believed that the teacher-student relationship should be one of equality, non authorization and felt that there should be a strong influence of the parent and siblings on the kid ‘s educational acquisition and ripening. He believed that the kid should have a spiritual instruction every bit good. He states: â€Å" I would educate human existences who with their pess stand rooted in Gods Earth, in nature, whose custodies reach even into Eden and there lay eyes on the truth, in whose Black Marias are united both Earth and Eden, the varied life of Earth and natureaˆÂ ¦ † I have discussed Froebels thought of the importance of drama in kindergarten and in the development of the kid. I believe it is one of his most specific and most emphatic elements of his pedagogical system. However In stating that term from the inquiry, it raises a few jobs. Pedagogy normally refers to a learning system of a comprehensive program on how to educate, whereas Froebels â€Å" teaching method † would be non to hold one. He believed that the kid ‘s environment made up the course of study for the instruction and the kids would learn themselves in certain ways and understand the environment and discover things for themselves. He said that: â€Å" aˆÂ ¦each single scholar contributes to, and collaborates in, his or her ain acquisition. † Through this job it is apparent that Froebel had certain thoughts on childhood that began his theoretical thoughts on kindergarten, which subsequently developed more to the full into a kind of teaching method. In decision it is clear that Froebel was extremely interested in the cardinal figure of the kid and their single acquisition experience, similar to that of today ‘s kid centred instruction. Froebel finally believed â€Å" the indispensable concern of the school is non so much to learn and to pass on a assortment and multiplicity of things, as it is to give prominence to the ever-living integrity that is in all things † Froebels kindergarten system and his thought of the nature of kids are rather cohesive in such ways that he allows the kid to educate themselves in the scene of the kindergarten thought usage of his gifts and allows the kid a certain freedom to research the natural universe and in bend develop their apprehension of the existence. He wanted to develop persons who were all rounded in their instruction and who had certain moral stances and who were in a manner, free minds. In decision, his overall apprehension and purpose of kindergarten was that: â€Å" Edu cation in other words, should take adult male to a clear cognition of himself, to peace with nature, to integrity with God. † How to cite Froebels Idea Of The Importance Of Play Education Essay, Essay examples

Imperatives and Regional Perspectives †Free Samples to Students

Question: Discuss about the Imperatives and Regional Perspectives. Answer: Introduction: Considering the case law, it can be stated that there are certain legal provisions that includes in the case study. The legal provisions can be divided as contractual terms, promissory estoppels and act of god (Martin 2016). In the given case study, it has been observed that Gareth has made a contract with Visit Victoria for operating a car hiring business. A contract has been made in between them and certain contractual terms are drafted into it (Clark et al. 2016). The terms of the contract play an important role and legal action will be taken against the party who will make any breach regarding the terms in subsequent occasions. Once a contract has been made, the parties will be legally bound by it. They could not make a change in the contractual terms unilaterally. However, the terms of the contract can be changed based on the subsequent requirement. A contract can be amended by obtaining the consent of both the parties (Carrizosa and Ryan 2017). Any party is restricted to change the terms of the contract all of a sudden. It has also between observed that one of the contracting parties, Visit Victoria has made a promise to Gareth that they will make extra payment to Gareth for supplying car. According to the law of contract, promise is a legal consideration that has been made between two parties and the promise maker is bound by the terms of the promise. According to the general principle of law, if the person who makes the promise does not follow all the terms of the promise, the other party can sue him and can claim compensation from them. Therefore, it can be stated that the promise maker is stopped to state that he cannot follow all the promises. This doctrine is known as the promissory estoppels. If the promise maker could not make his promise and the other party suffers any reasonable loss from the same, the victim can claim compensation from the promise maker (Delmolino et al. 2016). Further, it is to be proved that the party has relied on the promis sory terms and suffered from an actual and substantial loss. It has been observed in this case the company Visit Victoria has made a promise to Gareth and depending on the terms of the promise, Gareth supplied car to the event. However, in subsequent event, it has been observed that the party has denied making the payment that they had promised to Gareth and Gareth has suffered from financial losses due to it. It can be stated further that Gareth was relied on the promissory terms and when the company had denied making the payment, he has been suffered from mentally and financially. In this case, the company Visit Victoria is estopped to deny the promissory terms and make the proposed payment to the company. In case the company does not pay the same, Gareth can claim compensation, as promise is a legal consideration and denial of it can be treated as legal breach. In this case, an assumption has been made that states about a volcano eruption and the consequence of it. This problem attracts the provision of Act of God. Act of God is a general provision of law that deals with all the hazards resulted from the natural calamities such as earthquake, storm, volcano eruption and the like (Saul, Barnes and Elliott 2016). According to the legal and ethical approach, human being has no control over the natural calamities and therefore, damage could not be claimed from any parties to this effect. This principle is based on the maxim of force majeure. The principle of act of God has been maintained in the provisions of contract law and tort law. Under the provision of the contract law, Act of God is interpreted as implied defense and in case any promise has been made, the legal value of the promise can be ceased with the claim that the losses caused by the natural calamities are unforeseeable occurrence (Helw and Mohammad 2018). Under the provision of common law, any breach of contractual terms will lead the claimant towards specific performance and every party is bound by the contractual terms at any extent. This principle has been over ruled in the case of Taylor v Caldwell [1863] EWHC QB J1, where the court has found that if in any case performing of the contractual terms become impossible and neither party have made any breach to the contract, parties can be excused from their obligations regarding the contract. This principle is based on the frustration of contract. In the case of Tort law, this principle has been established inTransco plc v Stockport Metropolitan Borough Council [2003] UKHL 61. If a neighboring house has been collapsed due to an earthquake, the owner of the house is restricted to make any complain against the attached house owner for the same. In the case of Memphis Charlestown RR Co. v. Reeves, 77 U.S. 176 (1870), it has been proved that if a road has been destroyed by the natural hazards like flood, the same will be treated as act of God. Lisa Dennis had explained the term Act of God by providing an example. According to her, if a tree has fallen in the property of another and destroy certain portions of the property and if it has been found in subsequent event that wild weather is responsible for the fall, the owner of the property could not bring an action against the municipality. The reason is that the tree has been fallen due to certain unforeseeable cause. In Timbs v Shoalhaven City Council[2004] NSWCA 81, the court observed that the damage should be unforeseeable in nature and if it has been found that the damage has been resulted by the negligent act of someone, it will not be treated as Act of God. This theory has been established in this case. In the present case, it has been assumed that if the travelers could not go for any air travels due to volcano eruption, what will be the consequence. According to the provision of the Act of God, it can be stated that the company, Visit Victoria will not be held liable for the incident, as volcano eruption falls under the scope of natural calamities and the company can take the plea of Act of God. However, it should be bored in mind that the incident should be unforeseeable in nature. This means if the company has any prior information regarding the volcano eruption and still they cannot take any kind of necessary steps or could not informed the travelers regarding the eruption, the company will be held liable for the losses incurred to the travelers due to the eruption. The main issue of the case is to determine whether Gareth is under an obligation to pay the full amount of compensation or not. Further, it is to be determined what options can be available for Gareth in case the company accept all the situation of Gareth. This case is based on Contract Act and the process of changing the terms of the contract. It has been observed in this case that Gareth has made a contract with the Peninsula Tour and certain terms were in between them. However, it has been observed after certain period, many drivers had been resigned from their post and it was observed that Gareth became helpless for that. In this case, it has been observed that according to the contractual terms, Gareth is obliged to serve five cars on daily basis and he is bound to serve the same to the other party, as the nature of the contract is legal. However, it has been observed that he had provided prior information to the other party regarding the issue and make subsequent change to the contractual terms by serving only three cars per day instead of three cars. The problem that has been cropped up in this case is that whether Gareth can make such amendment to the contractual terms. Amendment is a change that has been taken place regarding the terms of any contract or legal documents (Barraket et al. 2017). There are certain rules prescribed for making an amendment. A party can change the previous terms by way of an amendment. The rules of amendment vary from different places. It is to be noted that whole terms of the contract could not be changed by way of a contract. Consent of both the parties is required in the case of amendment (Balkin 2015). Under the contract law, it has been mentioned that in case of any extensive changes, the parties should make a new agreement with each other. It is not clear from the case that whether the Peninsula Tour has accepted the conditions of Gareth or not or whether any amendment has been made in between them or not. However, Gareth is not allowed to make change on his own requirement only. In that case, he is bound by the contractual terms of the agreement. Further, it is to be stated that in case of contract, no parties can change the terms of it individually and therefore, it is required that both the parties should have to give their consent regarding the change. However, in this case, it cannot be stated that Peninsula Tour has given their consent over the proposal made by Gareth and until the Tour Company agree with the proposal of Gareth, he cannot make any change regarding the terms of the contract. The case is based on the general principle of contract law. According to the law, the agreement made between the parties should be legal in nature. In Balfour v Balfour (1919), it has been held by the court that domestic agreements that are made in between the parties during their matrimonial knot are not contract. However, in the case of Merritt v Merritt (1970), court has stated that if an agreement has been made in between the spouses after breaking down their marriage, such agreement will be known as a valid contract. Being a valid contract, the nature of the contract should be legal. This principle has been established in the recent case of David v Baker [2015] NSWSC 393, where the court was of the view that mere promise does not create any legal impression and therefore, it will not be a part of the contractual terms and policies. Under the legal parlance, it is required that both the parties should have certain legal obligation regarding the making of contract. If the intentio n of the parties is not legal, no agreement will conclude in contract. In Air Great Lakes Pty Ltd vs. KS Easter (Holdings) Pty Ltd (1989) 2 NSWLR 309, this principle has been established. According to Samuel Stolijar (1988), every legal obligation should reflect the principle of morality. However, if any breach has been made regarding the promise or contractual terms, the affected party may sue the other party under the provision of specific performance of contract. According to Charles Fried (2004), both the parties to a contract are required to abide by all the terms and the nature of the terms should be mandatory. Holmes has clarified the vision by stating the fact that any of the party can make a breach to the contractual terms but in that case, they should have to pay compensation to the other party. It is no doubt to state that both the parties are relied on the terms of the contract and in case any of them are not followed the term of the contract, other party can face serious loss from that. It can be understood from proper interpretation of the contractual terms that legal interest of both the parties are engraved in a contract and it is the primary rights an d duties of the parties to maintain all the terms of the contract. It is required that no parties should infringe the substantive primary duties. In Farley v Skinner [2002] 2 AC 732, it has been mentioned that in case of any breach regarding the performing the obligations, the wrongdoer should pay compensation to the affected party. The nature of the contractual terms follows Aristotles theory of corrective justice. This theory is based on the principle of equality that empowers both the parties with certain rights and reciprocal duties. This theory has been matured by the correct interpretation of Immanuel Kant, who has invented the theory of natural justice. According to him, both the parties should have certain limitations as the contractual performances are based on juridical manifestation. In this case, it has been observed that Gareth has made a contract and according to the contractual terms, he should deliver five cars every day. However, certain downturn has been observed in his business and many drivers have resigned from their post. However, Gareth feels helpless and informed about the situation to the other party and state about his condition for serving five cars as stated in the contract. In this case, it has not been observed that whether the other party has given their consent over the same or not. It has been observed that Gareth had automatically changed the character of the terms and started to deliver three cars instead of five. According to the general principle of law, both the parties are required to give consent in any case of change in the contractual terms and in the absence of this consent, it will be considered as breach of terms if any of the parties have changed the nature of the contract. Therefore, it can be stated that consent of Peninsula T our is required; otherwise, the company can sue Gareth for the breach of contractual terms. Further, it can be stated contractual terms reflects the promissory obligation of the parties. It can be stated in this case that the promise maker should not break the terms of the promise and in case of any breach regarding the same, the breaching party must have to pay compensation to the other party by law. It is no value to state whether the breaching party has invested so much money or not on the changing terms. There is a second assumption made in the case where it has been mentioned that what will be the consequential difference in case Peninsula Tours would have accepted the later terms of Gareth. It has been mentioned under the common law principle that the terms of the contract made all the parties bind by law. However, dispute arises regarding the question that what will happen if any adverse situation cropped up during the contractual period. The law of contract has simplifies the dispute by stating the fact that if the party to the contract can amend the terms or any of the terms of the previous contract with the consent of both the parties (Balkin 2015). It should be bored in mind that total terms of the contract are not changed by the amendment. Therefore, it can be stated that if Peninsula Tours have agreed to proceed with the new condition of Gareth, they should make an amendment to his effect. A contract can be amended based on consideration ground and the parties should have to give mutual consent over the same. It is possible that Peninsula Tour will consider the situation of Gareth by assuming that fact he faces and agree to take the services of three cars. In this case, amend of the contractual terms is the best option available in this case. Therefore, in this case, it can be stated that the Peninsula Tours can claim compensation from Gareth for breaching the terms of the contract. Regarding the second issue, it can be stated that Gareth is not personally liable for the situation and he has no control over the matter. However, he is required to obtain the confirmation from the Peninsula Tour before in vesting the money. However, if the tour company will consider the situation of Gareth, both the parties should have to make amendment to the contract to this effect. The main issue that has been cropped up from the present case study is to find out the rights and obligation of the parties to the contract and whether Gareth is obliged to pay the compensation to the event party. The case is based on the principle of frustration of contract and breach of contract (Sen 2016). The fact of the case is apart from the car business, Gareth is organizing events and supply all event related stuff to the parties. He made a contract with a party and according to the terms of the contract, he has promised to supply related materials on the date of event. Therefore, it is cleared from this portion that Gareth is obliged to supply all the materials to the other contracting party. However, it has been observed that before the date of delivery, his car has met with an accident and all the proposed stuffs were destroyed. Now the question is whether Gareth will be held liable for the destruction of the stuffs or not. This dilemma is based on the principle of frustration of contract. According to the law of Contract, if in a situation, any unexpected event happened and any of the parties have no control over the matter, the contract will be revoked automatically. This principle is known as frustration of contract. This principle is based on ethical perception. However, not all the terms of the contract are revoked; only the future proceedings are discharged by this principle. All the obligations which were due before the contract has been frustrated will be still in operation and no party take any excuse regarding those terms. Under the common law, it has been stated that if the purpose of the contract has been delayed for the matter of frustration, the base of the contract will be revoked and no parties are expected to wait for long delay to identify the fact whether they are bound by the terms of the contract any more or not. If either party regarding the delay can show any reasonable probabilit ies, the contractual obligation will be revoked. One of the essential elements of frustration of contract is that the event that causes the delay is unforeseen in nature. According to the law, any kind of hardship or material loss will be treated as the bad bargain and parties will not be being excused by so. The similar principle has been established in the case of Davis Contractors Limited v Fareham Urban District Council [1956] AC 969). Further, there should no chances of possibility to forecast the occurrence before it has been taken place. If there are any chances to foresee the fateful event, the same will not come under the purview of frustration (Burrows 2016). The parties to the contract should not make any fault regarding the same. Therefore, in case where any of the parties are involved in such events, they will be legally barred to take the plea of frustration. In Australia, the doctrine of frustration has been established by the case of Codelfa Construction Pty Limited v SRA of New South Wales (1982) 149 CLR 337. According to the Frustration Contracts Act 1978 [NSW], insurance contract is excluded from the definition of the frustration of contract. It has also been mentioned under the Act that if any particular task has been due before the period of frustration, that task will be discharged. Any party to the contract can make a claim for compensation for that part which has been performed before the contra ct has been frustrated. Therefore, the parties can claim the part of the contract only. This principle has been established in the case of Fibrosa Spolka Akcyjna v Fairburn Lawson Combe Barbour Ltd[1943] AC 32. In this case, it has been observed that before the event, Gareth has met with an accident, which is unforeseen in nature. Therefore, it can be stated that the contract between Gareth and Event Company will be revoked based on the principle of frustration. Further, Gareth can show sufficient cause in case of any delay regarding the delivery of event stuffs. However, it is very difficult to establish the fact that a contract has been frustrated. It is so because hardship is not treated as proper ground for frustration. Even no fault of either party will form the essential of frustration of contract. It is to be shown by the parties that formation of the contract is impossible and impracticable under the legal parlance. Therefore, the parties to the contract must show the facts that the delay has been made for sufficient cause. Therefore, in this case, it has been noticed that the car of Gareth has met with a fatal accident and all the instruments were destroyed. It can be stated that the accident was unforeseeable and therefore, he can take the plea of frustration of contract in this case. However, it should be analyzed whether delivery of the stuffs after the accident was possible or not. In this case, it has been observed that he has delivered the stuffs but all of them were of lower quality and the artist had refused to perform with the stuffs. It has been stated earlier that a contract has been made in between Gareth and the event company. According to the contractual term, Gareth was required to serve musical stuffs and tents to the company. However, it is not mentioned in the case study that whether any quality of the materials were mentioned or not. It has been observed that the artist of the event has denied performing with lower quality of stuffs and the company has to face serious financial loss due to this. However, the dispute that has been raised in this case is whether the company can claim compensation from Gareth for supplying lower quality of products. Before getting into the main discussion, it should be kept in mind that the car has met with a serious accident before the day of event and therefore, he has managed to supply the products at the stipulated time by purchasing the local products. According to the terms of the contract, Gareth was obliged to supply the products to the event and he has done it. However, the artist has denied performing there due to lower quality of product. It is to be stated that the losses incurred by the contracting parties are not for the negligence of Gareth as he had supplied the stuffs in time. His acts can be excused by the provision of the frustration of contract. The accident was unforeseeable for him; rather the affected party should claim the compensation from the artist who has denied performing at the time. There is no mention in the contract that Gareth has to supply quality products at the event. He has fulfilled his obligations accordingly. The artist was obliged to perform at the event and in this case, it has been mentioned that he had denied going with the lower quality of products. Conclusion: Therefore, it can be stated that he is obliged to pay the compensation in case the stated party has been affected from the event. The party named Julie is required to claim for compensation from the artist and not from Gareth. Reference: Air Great Lakes Pty Ltd vs. KS Easter (Holdings) Pty Ltd (1989) 2 NSWLR 309 Alshammari, S., Al-Gahtani, K., Alhammad, I. and Braimah, N., 2017. A Systematic Method to Analyze Force Majeure in Construction Claims.Buildings,7(4), p.115. Balfour v Balfour (1919) Balkin, J.M., 2015. Information Fiduciaries and the First Amendment.UCDL Rev.,49, p.1183. Bant, E. and Bryan, M., 2015. Fact, Future and Fiction: Risk and Reasonable Reliance in Estoppel.Oxford Journal of Legal Studies,35(3), pp.427-452. Barraket, J., Douglas, H., Eversole, R., Mason, C., McNeill, J. and Morgan, B., 2017. Classifying social enterprise models in Australia.Social Enterprise Journal,13(4), pp.345-361. Bruner, J.P., 2015. Diversity, tolerance, and the social contract.Politics, Philosophy Economics,14(4), pp.429-448. Burrows, A., 2016.A restatement of the English law of contract. Oxford University Press. Carrizosa, R. and Ryan, S.G., 2017. Borrower private information covenants and loan contract monitoring.Journal of Accounting and Economics,64(2-3), pp.313-339. Clark, E., Griggs, L., Blay, S. and Hoyle, A., 2016. Contract Australia. Codelfa Construction Pty Limited v SRA of New South Wales (1982) 149 CLR 337 David v Baker [2015] NSWSC 393 Davis Contractors Limited v Fareham Urban District Council [1956] AC 969) Delmolino, K., Arnett, M., Kosba, A., Miller, A. and Shi, E., 2016, February. Step by step towards creating a safe smart contract: Lessons and insights from a cryptocurrency lab. InInternational Conference on Financial Cryptography and Data Security(pp. 79-94). Springer, Berlin, Heidelberg. Farley v Skinner [2002] 2 AC 732 Fibrosa Spolka Akcyjna v Fairburn Lawson Combe Barbour Ltd[1943] AC 32 Helw, A. and Mohammad, A., 2018. Proposed force majeure clause for construction contracts under prevailing laws. Keyes, M. and Wilson, T., 2016. Codifying Contract Law: Internationalization Imperatives and Regional Perspectives. InCodifying Contract Law(pp. 13-24). Routledge. Martin, P., 2016. Estoppel: Binding promise without a contract: Court of appeal considers proprietary estoppel.LSJ: Law Society of NSW Journal, (23), p.93. Memphis Charlestown RR Co. v. Reeves, 77 U.S. 176 (1870) Merritt v Merritt (1970) Pearson, G., 2017. Further challenges for Australian consumer law. InConsumer Law and Socioeconomic Development(pp. 287-305). Springer, Cham. Robertson, A., 2014. Three Models of Promissory Estoppel. Saul, R., Barnes, R. and Elliott, M., 2016. Is climate change an unforeseen, irresistible and external factorA force majeure in marine environmental law?.Marine pollution bulletin,113(1-2), pp.25-35. Sen, G.M., 2016. 010_Doctrine of Frustration in the Law of Contract. Taylor v Caldwell [1863] EWHC QB J1 Taylor, P., Earl, C. and McLoughlin, C., 2016. Contractual arrangements and the retirement intentions of women in Australia.Australian Journal of Labour Economics,19(3), p.175. Timbs v Shoalhaven City Council[2004] NSWCA 81 Transco plc v Stockport Metropolitan Borough Council [2003] UKHL 61. Young, P., 2016. Unconscionability and promissory estoppel.AUSTRALIAN LAW JOURNAL,90(12), pp.878-888. Zagenczyk, T.J., Cruz, K.S., Cheung, J.H., Scott, K.L., Kiewitz, C. and Galloway, B., 2015. The moderating effect of power distance on employee responses to psychological contract breach.European Journal of Work and Organizational Psychology,24(6), pp.853-865.

Labour Reforms in Brazil and Chile (a Comparative Study) Essay Example

Labour Reforms in Brazil and Chile (a Comparative Study) Essay UNIVERSITY OF IBADAN DEPARTMENT OF SOCIOLOGY COURSE COMPARATIVE INDUSTRIAL RELATIONS (MIR 709) TOPIC LABOUR REFORMS IN BRAZIL AND CHILE (A COMPARATIVE STUDY) A PAPER SUBMITTED TO THE DEPT OF SOCIOLOGY BY GROUP 4 Adepoju Janet Oluwatosin167455 Ayangbemi Olusola Temitope166905 Dagunduro Adebukola Olufunke167457 Ogunsemoyin Olubusayo B. 81014 LECTURER IN CHARGE: PROF. ONYEONORU P. I. OCTOBER, 2012 INTRODUCTION Labour laws is defined as the balance of power among government, employers, workers, and unions. The redrafting of a country’s labour laws typically reflects a shift in the power relations and may carry unfavourable consequences for a former beneficiaries. As the Colliers put it, â€Å"Labour law is a highly visible and concrete policy statement around which political battles are fought, won, and lost, and around which political support is attracted, granted, and withheld†¦ labour law thus provides a valuable point of reference for analyzing the larger political context† (Collier and Collier 1979, 971). The reform of national labour laws is one of the most widely implemented recent policy changes in the world. Since the early 1990s, Brazil as well as Chile have changed their labour laws. Labour reforms have also provoked massive protests, including general strikes. It can be understood that the changes in labour law occurring on a global scale are themselves a response to the pressure of globalization. In most nations of the world, labour legislation was originally made to reflect government-employer-worker relationships embedded in protected national economies. But in recent years, trade liberalization and greater global competitiveness have created new challenges for employers and workers. We will write a custom essay sample on Labour Reforms in Brazil and Chile (a Comparative Study) specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Labour Reforms in Brazil and Chile (a Comparative Study) specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Labour Reforms in Brazil and Chile (a Comparative Study) specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Pressures for legal and institutional change have naturally followed. This study is all about comparative insights into labour reform processes at the end of the twentieth century of two Latin American countries, Brazil and Chile. Despite similar initial prescriptions for change in the direction of greater flexibility, the outcomes of labour reforms differed in the two countries. In the 1990s, moderate flexibility reforms were implemented in Brazil while in Chile, changes in labour law was extensive. THE LATIN AMERICAN CONTEXT The region followed a common import substituting industrialization (ISI) model in the post-war period. This development strategy reshaped the Latin American economies, societies and institutions. While traditional interest groups linked to the primary sectors reduced their political influence, new social groups with interests in the local industries gained social and political strength. After some time, this inward-oriented development strategy began to show clear signs of exhaustion. The performance of Latin American countries was not good enough compared with the South-East Asian countries that claimed to adopt an almost opposite economic model. The political support of the ISI model was gradually eroding in Latin America when the debt crisis unleashed in 1982 and the failure of early policies implemented by some countries to deal with it played an important role in reshaping policy views in the region. Latin America of course is not homogeneous, but there are some structural characteristics common to most countries in the region that had a bearing on the reform process. The region’s competitive advantages are biased in favour of natural resources, and primary commodities explain a large share of exports: minerals and oil in Chile, Venezuela and Peru, agriculture in Argentina, Paraguay, and Uruguay; even in more industrialized Brazil and Mexico primary products are still relevant. This feature impinges on the region’s political economy via the so-called natural resource â€Å"curse†. The distribution of income and assets in Latin America is highly unequal compared to other regions in the world. As the 2006 World Development Report of the World Bank suggests, income inequality of this magnitude is quite likely a signal of unequal opportunities (rather than of different choices) – World Bank (2005). Because of the structural lack of equity, many Latin Americans did not have the chance to take advantage of the opportunities open by reform; hence many opportunities at the individual level were lost. Besides, groups that were marginalized and segregated did not support reform and often opposed it actively, fearing that a more competitive environment would do them more harm than good. In several of the countries, the so-called structural reforms came hand in hand with efforts at macroeconomic stabilization. There had been a long list of stabilization attempts before this period, but the macroeconomic stabilization programs that accompanied the structural reforms were usually deeper and lasted more than previous ones. The perception of greater deepness of these stabilization efforts was related to the simultaneous implementation of other components of the reform package. Also, there have been important â€Å"contagion† effects across countries, that is, learning from the interpretation of the (successful and unsuccessful) experiences of other countries in the region. Having referred to many common factors, it is also important to stress that Latin American countries are quite different in many dimensions. Country size is obviously one of the dimensions in which the region is not homogeneous; a dimension that became particularly relevant for the fate of the inward oriented ISI model (think about the size of the domestic market in Brazil as compared for instance with Chile). Economic and social development show significant variation across countries as well. The historical starting points in terms of social and economic structure, as well as in the details of past policies, were also different in different countries when pro-market reforms began. Social indicators as literacy ratios, life expectancy and the like also show much variation. Even when most countries adopted a version of the ISI model in the post-war period, the progress they made in that direction varied considerably in terms, for instance, of the degree of industrialization they reached. This was partly dictated by the size of the domestic market and partly by policy options and political conditions. In spite of some common institutional heritage from the colonial era, political and institutional history also shows significant variation across countries in Latin America. Most countries in the region experienced periods of dictatorship in the twentieth century, but while some spent most of the century under those conditions, others did it for relatively short periods. The quality of institutions and the incidence of corruption also varies, Kaufmann, D. , A. Kraay and M. Mastruzzi (2003). The different starting points and idiosyncratic characteristics influenced the fate of the pro-market reform. BRIEF HISTORICAL BACKGROUND Brazil The history of Brazil starts with Indigenous Peoples of the Americas, who arrived thousands of years ago by crossing the Bering land bridge into Alaska and then moving south. The first European to explore Brazil was Pedro Alvares Cabral on April 22, 1500 under the sponsorship of Portugal. From the 16th to the 19th centuries, Brazil was a colony of Portugal. On September 7, 1822, the country declared its independence from Portugal and became a constitutional monarchy, the Empire of Brazil. A military coup in 1889 established a republican government. The country has seen a dictatorship (1930–1934 and 1937–1945) and a period of military rule (1964–1985). Brazil returned to democracy in 1985, after more than two decades of uninterrupted military governments. The first democratic government unsuccessfully tried to stabilize the economy and made little progress with reform, but since 1990, when Collor de Mello arrived to the presidency, the successive democratic governments carried on a series of market-oriented reforms. It was argued that democratization facilitated the introduction of market oriented reforms in Brazil. While the military stayed in government, the protective mantle of â€Å"national security† and â€Å"key-sectors protection† became a standard speech, always blocking a deeper integration into the world economy. This ideological view was present not just at the top of the military regime but also inside the mid-level military officers who were commonly appointed to prominent positions in economic ministries and state enterprises. In the nineties, under democratic rule, a new breed of internationally-minded top civil servants replaced these officers. Reform in Brazil followed a pragmatic way, meaning that it was gradual, piecemeal, and loosely coordinated. Fragmentation of the political system prevented any group from gaining dominance and forced a negotiated style, leading to gradualism. So, most policies took time, were negotiated, and had to go through multiple veto points. The informal institution of rather fluid ties among state elites and between them and business facilitated consensus building around reform policies, but they had to be negotiated. In this manner, the policy outcomes were unlikely to be extreme. The actual social and economic outcomes have not been too spectacular, and some discontent against â€Å"the reforms† has breaded. Yet, the arrival to office in 2003 of a left-wing party, the PT, has not generated any reversal, suggesting that â€Å"pragmatism† is not likely to be displaced soon in Brazilian economic policy making. Chile The territory of Chile has been populated since at least 12,000 ago. By the 16th century, Spanish conquistadors began to subdue and colonize the region of present-day Chile, and the territory became a colony from 1540 to 1818, when it gained independence from Spain. The countrys economic development was successively marked by the export of first agricultural produce, then saltpetre and later copper. The wealth of raw materials led to an economic upturn, but also led to dependency, and even wars with neighbouring states. The country was governed during most of its first 150 years of independent life by different forms of restricted government, where the electorate was carefully vetted and controlled by an elite. Failure to address the economic and social disparities and increasing political awareness of the less-affluent population, as well as indirect intervention and economic funding to the main political groups by both the KGB and the CIA, as part of the Cold War, led to a political polarization under Socialist President Salvador Allende which in turn resulted in the 11 September 1973 coup and the military dictatorship of General Augusto Pinochet, whose 17- year regime was responsible for numerous human rights violations and deep market-oriented economic reforms. In 1990, Chile made a peaceful transition to democracy. With ups and downs, Chile followed a basically inward-looking-state-centred development strategy from 1930 to 1973. It was not very different from the experience of other Latin American countries, save probably for the socialist period between 1971 and 1973. This period ended up with a severe socio-economic and political crisis that paved the road for a military coup that inaugurated a dictatorship that would last until the late eighties. The military government pushed a far reaching pro-market reform agenda. This experience is usually regarded as a leading case of market-friendly reforms, not only for the adoption of a shock therapy, but also for doing it well before most other countries in the region. Beginning in late 1973, several structural reforms were implemented, including the liberalization of most prices, interest rates and wages; drastic reductions in tariffs and the elimination of non-tariff barriers to trade; the strengthening of fiscal and monetary policies; the privatization of more than 500 firms; the reform of the pension program; and the adoption of new policies of competition and regulation. In the early eighties, Chile, like other developing countries, underwent a deep economic and financial crisis. There was some reversal of reforms during this period, but the military government resumed the liberalizing reforms soon after it. Chile returned to democracy in 1990. One of the most notable aspects of the Chilean process is that after the return to democracy in 1990, the centre-left coalition that has governed the country since, did not revert the market reform process. There were several peculiar factors leading the military dictatorship to follow the suggestions of a group of foreign-trained economists towards market liberalization (against the nationalistic tendencies of part of the military). Some possible sources of opposition (such as unions or left leaning parties) were silenced by the dictatorship. Business sectors were relatively grateful since firms were devolved to private owners after nationalization by the previous socialist government of Allende, so that they did not oppose trade liberalization. The way the transition to democracy was instrumented in the late eighties was key for the consolidation of pro-market reforms in Chile. Consolidation was by no means granted by that time, for the parties that formed the winning coalition (named the Concertacion) in the 1989 elections had opposed many of the reforms. Also, formerly repressed interest groups could take advantage of the new political environment to voice their demands, pushing the new government towards a less neutral and more lenient fiscal policy. According to Foguel, Miguel, Indermit Gill, Rosane Mendonca and Ricardo Paes de Barros, (1998), several factors contributed to the consolidation of the pro-market reform in the transition period: * the good performance of the economy in 1985-1989; * the concurrent fall of socialist regimes in Europe; the economic failure of democratic transition in Argentina (that contributed to convince several left15 wing politicians of the risks of â€Å"heterodox† policies); * the intellectual renovation and internationalization of the circles around the Concertacion, which lead to a â€Å"revaluation of continuity†; and * several institutional enclaves in the new constitution, increasing the veto power and political relevance of â€Å"the right†, which forced democratic preside nts to follow consensual strategies on economic matters. Chile seems to be in a path of institutional and policy consolidation. The democratic governments have maintained the core of the economic reforms undertaken during the dictatorship, while steadily (albeit slowly, according to some views) advancing on the social and democratic front. These steps have taken place according to a style of policymaking that is much more consensual and institutionalized than that of other Latin American countries. (IADB, 2005). EVOLUTION OF LABOUR REFORM IN BRAZIL The Consolidated Labour Code The main body of the Brazilian labour legislation was introduced in the 1940s, and consolidated into the Consolidacao das Leis do Trabalho (CLT) in 1943. The CLT is a large, often overlapping, set of rules which determines individual and collective rights and duties of the workers, unions and firms. The law determines that all workers must have a booklet where all individual labour contracts and its changes over time are registered by the employer. By definition, a formal worker has a booklet signed by his employer (â€Å"carteira assinada†) Besides the obligation to sign the booklet, the law stipulates a set of minimum conditions any employment relationship must follow. The most important rules are: maximum hours of work per week; maximum extra-time working hours; minimum payment for extra-time work; minimum wage; pre-paid annual vacations; special protection clauses for women and children; the dismissal of pregnant women is forbidden; the right of paid vacation before and after childbirth, for the mother; special work conditions for night shifts; one month pre-notification of firing; and protection against unjustified dismissals. There have been changes in the legislation since the creation of the CLT. In particular: In 1962, introduction of a one monthly wage annual bonus (â€Å"thirteenth salary†). In 1963, introduction of a family allowance. In 1965, introduction of a wage adjustment law which determined the minimum rate of wage adjustments of all workers in the economy. In 1966, creation of a severance fund (Fundo de Garantia por Tempo de Servico FGTS) in place of a clause forbidding dismissal of workers with more than 10 years of tenure. In 1986, creation of an unemployment insurance program which today covers about 25% of the country’s labour force. In 1988, approval of a new Constitution with the introduction of new labour clauses. Severance Rules and Unemployment Compensation Until 1965, to fire a worker without a proper justification the employer had to pay one month’s wage for each year of work in the firm. The compensation was calculated on the basis of the higher wage received during the work contract. It was a duty of the employer to prove the dismissal was justified, and the conditions for justified dismissals were clearly defined in the law. After 10 years in the same enterprise, dismissals were forbidden by law, except if properly justified. In 1966, this entire system of protection against non-justified dismissals was changed. A severance fund was created, called the Fundo de Garantia por Tempo de Servico (FGTS). When hiring a worker, the firm had to open a banking account for the worker and deposit 8% of the value of the wage in the account. Today, Caixa Economica Federal, a government saving and loans institution, collects the FGTS levy and invests it primarily in urban housing projects giving workers a legally guaranteed minimum deposit rate. When dismissed without a just cause (â€Å"sem justa causa†) the worker could draw this money and received a monetary compensation corresponding to a fine of 10% over the total amount of the fund. Like many other Latin American countries (see Loayza, 1998), dismissal for economic reasons is not considered a just cause. In 1988 the fine for unjust dismissal was increased to 40% of the worker’s FGTS account balance. Besides this fine, the employer has to notify the worker one month before he will be fired. This is the â€Å"aviso previo† law, or previous notification of firing. During the month the worker has received the previous notification of firing, he/she is allowed, according to the law, to take two hours a day to look for a new job. This implies a minimum cost of 25% of the workers monthly wage. In fact the cost is usually higher since firms end up paying the notification fee to the worker and dismissing him immediately. Thus, the total cost of dismissal is 25% to 100% of the monthly wage plus 40% of the FGTS. The cost depends on the number of months the worker has worked for the firm. Since 1986, when fired, besides the advance notice, access to the FGTS (and the 40% fine for unfair dismissal), the worker also has the right to an unemployment compensation benefits. The unemployment compensation program offers partial coverage for up to four months of unemployment (extended to five months after 1996). To become eligible to receive the benefit, the worker must meet the following criteria: * to have been dismissed without a just cause; * to have had a formal labour contract during the last six months or to have been legally self-employed for at least 15 months; * to be unemployed for at least seven days; * must not receive any other pension; * must not have any other type of income sufficient to guarantee his own subsistence and that of his family. The value of the benefit cannot be lower than the value of the minimum wage, is adjusted monthly for inflation, and is related to the average wage received by the worker in the last three months in the previous job. Wage Laws An important change in the CLT was the introduction of the Wage Adjustment Law in 1965. Before this date, wage adjustments were fixed through collective bargaining between workers and employers unions, at the settlement dates (â€Å"data base†), and through individual negotiations between one worker and his/her employer. Only the minimum wage was determined directly by the President of the Republic, although most of the time it incorporated automatically the prescriptions given by indexation clauses imbedded in the Law. The Wage Adjustment Law gave the government the right to determine the minimum rate of adjustment of all wages in the formal sector of the economy. The first wage law stipulated that nominal wages should be adjusted once a year, at the settlement date of each occupation, following a formula which took the past and expected future rate of inflation and the growth rate in GDP per capita as the base for the adjustments. The specific formula and the adjustment period changed many times over the years, as the rate of inflation increased. In 1995, one year after the introduction of the Real Plan, the Wage Law was abolished. Today, upward adjustment of wages is negotiated between employers and employees. But downward adjustment of wages is for all practical purposes prohibited by the Constitution: attempts to do so make employers open to lawsuits, which are generally resolved in favor of the worker. This was irrelevant during a time of high inflation, but now quite possibly adds to the rigidity of the labour market. The Reforms of 1988 The main changes of labour legislation introduced in the Constitution of 1988 can be summarized as follows: * The maximum number of hours of work per week was reduced from 48 to 44 hours and the minimum payment for extra-time hours increased from 20% to 50% of the workers’ wages. * For continuous work shifts the maximum daily journey was reduced from eight to six hours. * A vacation bonus of one-third of the workers’ wages was created. The childbirth leave for mothers was increased to 120 days and a five days childbirth leave for the father was introduced. * Firing costs for unjustified dismissals increased from 10% of the FGTS balance to 40%. This is the list of the minimum individual rights for private sector and state enterprise workers. Working conditions can be improved through negotiations between the individual worker and the firm, or through collective bargaining. The Constitution of 1988 clearly mandated higher nonwage benefits and made dismissals costlier for employers. Payroll Taxes and Mandatory Benefits after 1988 The CLT and the 1988 Constitution stipulate a very comprehensive set of minimum standards any individual contract must follow. The rules do not provide much space for negotiations between employers and workers. The result is a rigid set of minimum rules, which reduces the flexibility of the labour contract in face of changes in the economic environment. In addition to the costs imposed by this inflexibility, there are more direct and obvious non-wage costs due to payroll taxes and mandatory benefits required by the law. The cost of labour can be decomposed into four parts: The basic contractual wage. * Mandatory benefits which include the annual one month bonus (terceiro salario), the contribution to the FGTS, vacations and other benefits. * Contributions to the official training system (SENAI and SENAC), to finance an institution which assist small enterprises (SEBRAE) and a contribution paid by firms to finance an workers’ assistance service (SESI or SESC). * Contribution to the federal social security system (INSS) and to fund educational services salario educacao) and an on-the-job accident insurance fee mandatory for all firms and proportional to the payroll. In addition to these contributions based on payroll costs, employers are also charged levies on revenues to pay for additional INSS-related obligations (Cofins), to be raised in 1999 from 1 to 2 percent and PIS/PASEP, the contributions towards the Fundo de Aparelho de Trabalhadores (FAT) which fund unemployment compensation, job search assistance and active labour programs such as training and microenterprise support schemes. These labour related levies can add up to between 2 and 3 percent of employer revenues. EVOLUTION OF LABOUR REFORM IN CHILE Labour Code (1931-1965) Initially, Chile’s labour market regulations is characterized with tripartite system of collective bargaining and conflict resolution. 1931 labour code focuses on conflict resolution. While the legislation favoured collective bargaining at the firm level, and this form of negotiations was dominant, the mechanisms of conflict resolution projected negotiations beyond the enterprise. With time, sector-wide negotiations spread throughout the economy. Dismissal without expression of cause with a month’s notice. Severance payment of a month’s wage per year of tenure for â€Å"white collar workers. The main component of payroll taxes are social security contributions. Chile started a Social Security System in 1924, building from a set of privately established pensions systems that covered specific groups of workers or sectors of economic activity. These programs finance retirement, invalidity and family survivor benefits, a public health care system, the payment of family allowances, and an unemployment subsidy. In addition, there was a 1 % contribution to fund public training programs. The Chile labour market reform has come a long way and in each stage undergone few reforms to meet the demand of the changing market conditions. After the deadly coup of 1973, several labour unions, labour institutions were dissolved. In October, 1973, the Chilean government introduced wage adjustments, which were linked to inflation rate. Chile labour market reform is significant because of the following reasons: * The country underwent a switch over from an economy, which was regulated to an economy, which is unregulated as well as open. This was brought about by the implementation of economic reforms pertaining to labour markets and pension system in the country. * The labour market in Chile has been over the years very unpredictable. Labour market in Chile during the seventies: During the middle seventies, the government in Chile launched the first structural reforms in Chile. Which in turn increased the unemployment rate. However, Chile experienced a healthy growth in the economy towards the end of seventies. Despite the speedy growth in economy, the labour market refused to recover from the high rate of unemployment. Reverse to what it was during the seventies, the labour market in the eighties recuperated very fast even though the crisis was much more severe than the previous one. Even rate of growth in wages recovered comparatively fast. During this period, rate of unemployment reached 25%. As part of Chile labour market reform, the proportional adjustments pertaining to lower wages was made more than the higher wages. The method of indexation that existed between 1973 to 1979 had many drawbacks. In order to overcome these drawbacks, Labour Plan of 1979, was implemented, which stated that adjustment of wages would be made at or above inflation rate. At regular intervals, as part of Chile labour market reform, the government carried on with the practice of increasing wages but not in accordance with the rising rate of inflation. However, during the 1990s, there was increase in wages higher than what was declared for the purpose of readjustments. The Employment Security Law, states that if there is no valid cause for dismissing an employee, the worker could be re engaged in the job as per orders from a labour court. However, in the year 1978, this law was substituted by a method of severance payment. Chile labour market reform, Decree Law 2,200 stated that employers had the right to make changes in the contract between the employers as well as the employees and that they could fire an employee without giving any explanation to the employees. A severance payment, which was minimum was also introduced. Decree Law 2,200 as well as Chile labour market reform of 1979, led to the introduction of new techniques to supervise the activities of the labour unions. This was stated in Decree Law, 2,756. Collective bargaining was stated in Decree Law 2,758. Decree Law 2,756 and Decree Law 2,758 are collectively referred to as Labour Plan. Decree Law 2,756 governs matters related to labour union. Whereas, Decree law, 2,758 governs the various norms adopted in the event of a strike. Labour reforms that took place in Chile is summarized below; Phase I (1966-73) Increased polarization of the labour movement Generalized use of wage indexation. Dismissals require expression of â€Å"just† cause, or severance payment of a month’s wage per year of tenure. In spite of very high nominal contribution rates, by 1970 the public sector spent 20. 5 percent of its budget to cover the deficits in the health and pensions systems along with its own contributions. Phase II (1974-79) Economic Liberalization with a highly intervened labour market. Decree Law 670 of October 1974 substituted the earlier legislation that defined the tripartite commissions, giving them a consultative character. They were understood to be a transition mechanism, while a new policy towards the labour market was developed, and while union activities were banned.. Economy-wide wage adjustments imposed by decree. Dismissal without expression of cause reinstated in 1978 for all new hires. Employers pay a severance of a month’s wage per year of tenure to all dismissed workers, unless there is â€Å"just cause,† which includes â€Å"economic cause. A number of partial changes brought down contributions from a 60 percent at their peak in 1974, to the order of 33 percent in 1980. Rates varied according to the specific plan at which an employee was affiliated, but all the plans were guaranteed by the state. For example, in 1976, the 1% contribution earmarked to fund training program was eliminated. Phase III (1980-1990) Union affiliation becom es voluntary. Decentralized collective bargaining. Labour negotiations opened to market forces. Strikes without job guarantees after sixty days. No intervention of the government in the affairs of unions or the collective bargaining process, except for a wage floor guaranteed by law. The wage floor was eliminated in 1982, and as a by-product, the necessary conditions to replace striking workers were eroded. It also marked the era of minimum wage setting. Starting in 1981, dismissals of any worker, new or previously hired, can take place without expression of cause, and as long as severance is paid. Severance payments are open to negotiations. In the absence of an explicit agreement the minimum severance would be a month wages per year of tenure with a 5 months ceiling. A 1984 reform established that the minimum severance agreed by the parties could not be less than the severance established by law. Furthermore, â€Å"economic cause† for dismissal is n