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

Sample Essay on Corruption

Sample Essay on CorruptionSo you have decided to write a sample essay on corruption and you know you would be the subject of a good examination. You are now sitting back reading the essays on the topics you have chosen, pondering on whether you can do it. You have already decided to take it on and you know you will need to concentrate for at least two hours every day.This is the time when you begin thinking about your choice of topic as you know that you will not have much time to get a good essay written. Do not worry. There are lots of samples of sample essays on corruption which you can choose from so that you can master the subject before it becomes too difficult. If you manage to do that you will be ahead of your competition and will have a very high grade at the end of the year.The first thing you should know when selecting a topic for your essay is that there are only a few subjects which are more popular than corruption. Corruption is probably the only topic you have studied in school and that you had taken a special interest in. If you are aware of the basic topics in the subject, you should be able to select a topic that fits this need.The next important point you must consider is what kind of writing you are most familiar with. Reading news articles or political pamphlets is not going to prepare you for writing a sample essay on corruption. It is important to pick an essay that you can finish in two or three weeks.Next you need to decide whether you are comfortable writing an essay on corruption. This is a question that many students face. If you feel very comfortable writing on corruption, you should be in a position to work with more regularity. The more you can work, the better results you will achieve in an academic setting.The last thing you should decide is whether or not you are going to write the sample essay for yourself or you want to hire someone to do it for you. If you are taking the essay for a writing assignment, then you should probab ly select a topic that has already been covered by the teacher and by the entire class.Writing a sample essay on corruption is just a starting point in the process of learning how to write for writing assignments. If you can master the subject, you will soon find that the level of success you have is much higher than if you were to research.

As Christians we do have responsibilities for other people Essay Example

As Christians we do have responsibilities for other people Essay Example As Christians we do have responsibilities for other people Essay As Christians we do have responsibilities for other people Essay As Christians we do have responsibilities for other people. We should love, care and help our neighbours.Christians believe that God created everyone equal, and that we were all created in the image of God (Genesis chapter 1), because of this we also believe that we have the duty to care for others as well as ourselves. To be a Christian, we have to be stewards of the earth. Stewards look after the world God created, this includes humans as we live in it.In the New Testament we have several teachings where Jesus encourages us to love our neighbours. We see that we help all kinds of people regarding their religion or what they look like in The Good Samaritan when a Samaritan helps a man who has been beaten up and had his money stolen, and the man is a Levite and he would probably expect the least amount of help from a Samaritan as their people dont like each other. The Samaritan bandaged the mans wounds and took him to an inn and told them to look after him with my money. We learn fro m this parable that we should help our neighbour when they are in trouble or they need it.Love the Lord your God with all your heart and with all your soul and with all your mind and with all your strength is the great commandment. You cannot keep this commandment if you do not respect other humans, as they are also Gods creation. Love all your neighbour as yourself and you will keep Gods wishes.In another parable The Sheep and Goats Jesus explains that Christians will be judged on the last day on how they helped those in need. There are examples of giving food to the hungry , visiting a sick person, welcoming a stranger. Those people who have done these things will go to heaven As you did it to one of the least of my brothers, you did it to me and those who havent will go to hell. We learn that everything we do to our neighbours we do to God and if you dont help your neighbours , you do not help God.We believe in the Incarnation, that Jesus Christ is really and truly God and he was on Earth and in flesh. Jesus loved, cared and helped everyone he could and we should follow in his footsteps.Catechism 2258 Human life is sacred because from its beginning it involves the creative action of God and it remains forever in a special relationship with the Creator, who is its sole end. God alone is the Lord of life from its beginning until its end: no one can under any circumstance claim for himself the right directly- to destroy an innocent human being. In this catechism the Roman Catholic church tells us that life is sacred because God gave us life. We should cherish our lives and the life of others by helping them. Life is a precious gift from God; we should live our lives to the fullest. To show God we appreciate his gift we should also help others live their lives to the fullest. As a member of the Catholic Church your relationship with God should always be getting stronger, like confirmation and to prove your faith and to get closer to God you have to help others and you have to take that responsibility.Catechism 2069 One cannot honour another person without blessing God his creator. One cannot adore God without loving all men, his creatures. If you believe and say you are a Christian, you cannot ignore the needs of others. If you ignore the needs of others you are a hypocrite. This catechism is about putting your words into actions Actions speaks louder than words. We learn from the papal documents that we have the responsibility to protect the dignity of human lives. We need to work for the kingdom of God by helping others. We must help others and reject discrimination and show basic equality. In the Decree on the Apostle of Lay People we learn that Lay people share in the mission of the church to spread the Kingdom of God all over the earth. Lay people believe that kindness and love to others is the point on which all people will be judged.A great Christian example to follow is Oscar Romero. He was born in Ciudad Barrios, a town in the m ountainous east of El Salvador, on 15 August 1917..He went to a seminary in San Miguel, then to the capital San Salvador, and from there to Rome. He was ordained in 1942. In January 1944 he was across the city. In 1970, he became auxiliary bishop of San Salvador, and there he busied himself with administration.. In 1974, he became bishop of a rural diocese, Santiago de Maria. Three years later, in February 1977, Oscar Romero became archbishop of San Salvador.In that month soldiers in the town square of the capital attacked crowds of protesters. Then, on 12 March 1977, a priest was murdered, in Aguilares. He recognized that power lay in the hands of violent men, and that they murdered with impunity. The wealthy sanctioned the violence that maintained them. Death squads committed murder in the cities while soldiers killed as they wished in the countryside. More and more Romero committed himself to the poor and the persecuted,, his church began to document the abuse of human rights, an d to establish the truth in a country governed by lies, where men and women simply disappeared without account.But when a succession of priests were murdered Romero found in their deaths testimony of a church incarnated in the problems of its people. On 24 March 1980, he was suddenly shot dead while celebrating mass in the chapel of the hospital where he lived. Oscar Romero devoted his time to help those who were poor and were persecuted, he did not have to do anything but he chose to and thats why he is a good example to follow. Christians should show more often that life is sacred by helping other people like Oscar Romero.

Learn About the French Verb Faillir

Learn About the French Verb Faillir Faillir is a very interesting and useful French verb. It is irregular in conjugation and does not have an English equivalent; the simplest translation is to almost do something.​ Faillir is usually followed by an infinitive and can be translated by to almost do something, to all but do something, to very nearly do something, or to narrowly miss doing something. Faillir is most commonly used in the past: Jai failli tomber. - I almost fell.Nous avons failli rater le train. - We very nearly missed the train.Il a failli dire  « non  » avant dy rà ©flà ©chir.  - He almost said no before thinking about it. Faillir Faillir is followed by a noun and means to fail in/at or to fail to keep: Jai failli ma mission. - I failed in my mission.Il a failli sa parole. - He failed to keep his word. Expressions with Faillir faillir la tradition - to break with traditionne pas faillir sa parole - to keep / be true to ones wordne pas faillir sa rà ©putation - to live up to ones reputationrà ©sister jusquau bout sans faillir - to resist unflinchingly to the end Conjugations Though this verb has conjugations in all the tenses, faillir is used almost exclusively in the past (passà © composà ©, passà © simple, and plus-que-parfait), so the past participle failli is the most important form for you to know. To talk about nearly doing something in another tense, manquer de is preferable (though the meaning is subtly different). Note that il faut is the third person singular present tense of both faillir and the impersonal verb falloir.