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  • Employment Bond Meaning Definition 3100 Law Essay

    Employment Bond Meaning Definition 3100 Law Essay

    Employment Bond Meaning and Definition with 3100 words Law Essay; It is generally a settlement between the employer and employees and is as a result problem with the supply of the Indian Contract Act, 1872. It is an employment bond with a bad covenant. Employment agreements commonly allow and are legally enforceable in India underneath diverse Indian Laws; if both the events to the agreements supply their free consent to it without any fraud, coercion, mistake, undue impact, and misrepresentation. Also, the settlement has to be affordable and legally enforceable.

    Here is the article to explain, Bond of Employment, Meaning, and Definition with 3100 words Law Essay!

    An employment bond usually consists of clauses that country the minimum duration wished for the worker to work for the company; and, if any worker violates this clause then this will bring about repayment; which must pay via the worker to the employer or employer. Also, they may additionally limit a worker to paintings for some other organization whilst; he/she is working for a selected company or organization.

    Introduction;

    With the system of civilization, the economic system and commercial process have modified plenty; and this resulted in extra business opposition within the market. To keep balance with the method and deal with the crowning glory inside the market industries; companies have adopted several strategies to promote their business effectively. On the other hand, personnel often depart their company after a positive length and after gaining their abilities; and expertise in a particular subject of a place to get higher benefits from other new groups. This technique leads groups to financial losses. For this reason, to defend the interest and goodwill of the organization, employment bonds have been needed to bring. But the employment bond does not best protect the hobby of the corporation but additionally those of the employees.

    Enforceable or Unenforceable;

    All of us are aware of the high attrition rate prevalent in knowledge industries particularly, Information Technology (IT). Wherein a company recruits fresh graduates and provides them intensive training for executing a particular project. After a few weeks or months, however, many of its recruits resign. The company had to recruit some more employees and repeat the training program to complete the project, incurring a lot of expense. This scenario is something everyone in the IT industry is familiar with. Employee bond a practice used by various companies to safeguard the interest it has in its employees, after expending time and training? In this article we cover what is an employee bond, to what extent it is enforceable, remedies companies can seek, and defense options before an employee.

    Enforceable or Unenforceable in Indian Law?

    The present write-up concerns one of the major employment issues in the contemporary world i.e. employment bonds. The signing of an employee bond is almost a norm nowadays in the present industry. The employment bonds levy certain restrictions on the employees be it not to join a particular company after leaving the job; or, the paying of monetary penalty for leaving the job before the stipulated period. The present attrition rate in the industry particularly IT means that the money garnered through this method (employment bond) is very huge. Also, the terms of the bond are a major issue with people in taking up a particular job or not. Thus we look at the various measures which make the bond enforceable or otherwise not.

    What is an Employment Bond? Meaning and Definition;

    The Employment Bond is an agreement which the company and the employee enter into; which among the other terms contained therein states that in consideration of the training given to the Employee; and the money spent by the company in imparting such training; the Employee will remain in the services of the company for a particular period. In case the Employee breaches the provisions of the Agreement; the Employee will be liable to pay a certain sum of money, be it the expense incurs by the company in the training of the Employee.

    In the particular case where the company feels that the Employee may not be able to pay the amount; the company has a Guarantor who guarantees that; they would take responsibility to ensure that the Employee adheres to the terms of the Bond. In case of a breach, the Guarantor will be jointly liable to pay the Bond amount to the company. The Bond may also contain confidentiality and non-competition clauses. The legality of the Bond shall depend upon whether there was a consideration in the form of training or otherwise.

    Our issue of contention is whether such bonds are legally enforceable or not. The contractual clause takes up in the Contracts Act, 1872. The Contract Act states that such a contract might be legal even; if it levies certain conditions and restrictions if the mentioned restrictions are valid and reasonable. Whether

    Law Essay Part 01;

    As per the Act, a “contract” is an agreement enforceable by law. The agreements not enforceable by law are not contracts. An “agreement” means “a promise or a set of promises” forming consideration for each other. And a promise arises when a proposal accepts. By implication, an agreement is an accepted proposal. In other words, an agreement consists of an ‘offer’ and its ‘acceptance’.

    An “offer” is the starting point in the process of agreeing. Every agreement begins with one party making an offer to sell something or to provide a service, etc. When one person who desires to create a legal obligation, communicates to another his willingness to do or not to do a thing, to obtain the consent of that other person towards such an act or abstinence, the person says to be making a proposal or offer.

    An agreement emerges from the acceptance of the offer. “Acceptance” is thus, the second stage of completing a contract. An acceptance is an act of manifestation by the offeree of his assent to the terms of the offer. It signifies the offeree’s willingness to secure by the terms of the proposal communicate to him. To be valid an acceptance must correspond exactly with the terms of the offer; it must be unconditional and absolute and it must communicate to the offeror.

    Law Essay Part 02;

    An “agreement” is a contract if “it made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and does not expressly declare to be void”. The contract must be definite and its purpose should be to create a legal relationship. The parties to a contract must have the legal capacity to make it. According to the Contract Act, “Every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of a sound mind, and is not disqualified from contracting by any law to which he is subject”. Thus, minors; persons of unsound mind, and Persons disqualified from contracting by any law are incompetent to contract.

    Hence a case where the company has spent a lot of time and money in training the Employee in return for which the Employee signs a bond for 1 year would see as a reasonable restriction. The same however cannot say in a case where the company without giving any consideration requires the Employee to sign a bond period.

    Law Essay Part 03;

    As stated above the Bond may also contain a stipulation that a certain amount has to pay in the case where there is a breach of the provisions of the Bond. This sum which fix under the contract called “liquidated damages”. However, under Indian law, the courts will not automatically grant the liquidated damages merely because it stipulate in the contract. The court will grant compensation only if the company has suffered a loss as a result of the Employee’s early termination of the contract.

    Hence the company which goes to court should prove that it has suffered a loss to the extent of its claim to get that amount, though it has been fixed under the contract. This could be easier in cases where the company has records to show that; it has incurred expenses for providing training to the Employee and that the Employee has left in the middle of a project etc. However, the company cannot get an amount higher than that fixed under the contract.

    Law Essay Part 04;

    Another issue at this stage is whether the company can seek any remedy; which seeks to prevent the Employee from taking up employment with a competing company. Generally, the courts will not grant an injunction that will force the Employee to either work for a particular employer or remain idle. However, a company to protect its trade secrets or confidential information may obtain an order from the courts to prevent its ex Employee from divulging such information to his/her new employer. Again, the company will have to prove that its ex Employee had access to such information and that there is a possibility of such information being leaked.

    This brings us to the topic of what course of action a company must follow when an Employee breaches the condition of the Employment Bond. The first thing the company must do is issue a legal notice calling upon the Employee to report for duty immediately, failing which the notice should call upon the Employee to pay the sum agreed to in the Bond.

    Law Essay Part 05;

    A demand notice for the bond amount should be issued to the Guarantor also. Should the Employee fail to pay the amount a suit may file in the Court of appropriate jurisdiction to recover the amount due. Remember that in case there is a Guarantor to the bond, the person can make a party to the suit.

    Various defenses may take by the Employees when a case Institut against him/her. Some of the more common ones are that there was no training imparted to the Employee and therefore the company does not entitle to the bond amount. The Employee might also state that she/he was forced to sign the Agreement without being able to understand the contents of the Bond. The Employee may also state that the Bond violates the provisions of the Contract Act as it imposes unreasonable restrictions on a person’s trade or profession.

    As per Section 74 of Contract Act, 1872;

    Compensation of breach of contract where penalty stipulated for:

    When a contract has been broken, if a sum named in the contract as the amount be paid in case of such breach, or if the contract contains any other stipulation by way of penalty, the party complaining of the breach entitles, whether or not actual damage or loss or proved to have been caused thereby, to receive from the party who has broken the contract reasonable compensation not exceeding the amount so named or, as the case may be, the penalty stipulated for.

    Explanation;

    A stipulation for increased interest from the date of default may be a stipulation by way of penalty.

    Explanation: When any person enters into any bail bond, recognizance or another instrument of the same nature or, under the provisions of any law, or the orders of the Central Government or any State Government, gives any bond for the performance of any public duty or act in which the public interest, he shall be liable, upon breach of the condition of any such instrument, to pay the whole sum mentioned therein.

    More thing 01;

    Article 19 of the Indian Constitution talks of fundamental rights, as per Article 19 the Constitution the written work is a fundamental right, and under no circumstance do the Fundamental rights under Article 19 waive by any person nor can any person be forced to do something that amounts to the violation of the rights mentioned under Article 19.

    As per the Indian Contract Act contracts entered between two parties are one-sided then such a contract would be null and void. Most of the Bonds are one-sided.

    Again as per the Indian Contract Act, no contract can enforce on any person if the contract which is being so enforced causes any harm to the person on whom it is enforced and if performed would violate principles of natural justices.

    As per Sec 368 of the Indian Penal Code if any person or institute holds back any document or any use any legal document or threatens any legal suits or actions and thus forces a person to perform any act against his wishes or which is illegal or wrong as per the statute of Law of the land.

    Sec 368 of the Indian Penal Code talks about extortion by threatening to file a legal suit. The minimum punishment under this act is 2 two years.

    More thing 02;

    The Supreme Court of India has clearly stated that no employee can forcefully employ against his will, just because he has signed a contract with the employer.

    The court also has stated that the employer cannot hold back any personal documents of the employees as they earn by the employees and the company has no claim on the same.

    Any complaint about the company would land the Directors and Managing Directors of the company in Jail, as the company is not an actual living entity but a legal entity and the management are hands and heads of the company.

    Bonds are applicable only if the company has spent money on the personal grooving and enhancement of the employees, but not just training that helps employees perform better.

    The effectiveness of these defenses varies from case to case. If the Employee can prove that there was no consideration for the Bond in the form of training etc. then in such cases s/he will not require to pay the Bond Amount.

    Company has an Employment Bond;

    Therefore a checklist when a company has an Employment Bond is:

    • Ensure that the Bond period is reasonable
    • Ensure that the Non-competition clause is not unreasonable
    • Also, Ensure that the Bond Amount is reasonable and reflects the expenditure of the company on the Employee
    • Ensure that there is training material that can produce to prove in Court that the Employee was given training.
    • Ensure that there is a confidentiality clause to ensure that the company’s trade secrets protect.
    • As per the Indian Statute bonded labor system was long abolished and no bond can force any person to work against the employee’s wishes.

    Employers require to give employees written particulars of employment. These particulars should include all the legal requirements or consist of a letter of appointment with minimal information plus reference to additional material that defines the conditions of employment.

    Many employment contracts contain only vague references to the “policies and procedures to which the employee will be bound”. The employer should provide the employee with all of the company policies and other documents that relate to the contract or refer to in the contract.

    Checklist for Employee Contract:

    Does the contract/letter of your organization consist of the following details:

    CONTRACT DETAILS;

    • Full name of employer and employee
    • Address of employer
    • Place of work of the employee, and, where the employee require or permitted to work at various places, an indication of this
    • Title of job or nature of the work or a brief job description
    • Date of commencement of employment

    PAY & BENEFITS;

    • Wages/ salary details
    • Rate of overtime work (if eligible for overtime pay)
    • Any other cash benefits that the employee entitled to
    • Also, any payment in kind that the employee entitled to and the value of that payment (e.g. accommodation)
    • Any deductions to made from the employee’s remuneration (e.g. Pension / Medical Aid)
    • Method of payment and method of calculating wages
    • Additional benefits, and any conditions under which they apply, e.g. achievement of targets
    • Pension scheme whether one exists, and if so conditions
    • Approvals for any deductions from pay, e.g. pension scheme other than those required by law

    NATURE OF CONTRACT;

    • Type of contract: permanent, temporary, fixed term
    • Duration of a temporary contract or termination date for a fixed-term contract
    • Period of notice required to terminate employment, or if employment is for a specified period, the date when employment is to terminate

    HOURS OF WORK, SCHEDULES, AND OVERTIME;

    • The number of hours in the workweek and workday.
    • Procedure for scheduling.
    • Alternative work schedules/flex time.
    • Definition of overtime & pay or compensatory time off
    • Advance notice of overtime & right to refuse overtime
    • Staffing and workload standards.
    • Meal and rest periods.
    • Timekeeping and attendance requirements

    LEAVES;

    • Annual leave entitlement
    • Role of seniority in scheduling vacations.
    • Conditions relating to taking leave, e.g. present company holidays or notice requirements
    • Details of any other paid leave entitlements
    • Sick leave arrangements and conditions of any benefits

    DISCIPLINARY PROCEDURES;

    • Details of the disciplinary procedure
    • Conditions under which the employer can terminate the contract e.g. gross misconduct

    GRIEVANCE PROCEDURE;

    • Definition of a grievance.
    • Stewards’ right to use work time for grievance investigations.
    • Employees’ right to union representation.
    • Explanations of each step in the grievance procedure and time limits at each step.

    HEALTH & SAFETY;

    • Employer and employee responsibilities

    PROTECTION OF BUSINESS INFORMATION;

    • Details of confidentiality requirements
    • Use and misuse of electronic communications and Internet

    ABOUT PROBATION PERIOD;

    • Purpose & duration of the probationary period
    • Benefits that will come into effect when the probationary period completed

    PERFORMANCE EVALUATION;

    • Criteria & frequency for evaluations.

    RETIREMENT POLICY and ANY OTHER CONDITION, like;

    • Any collective or 3rd party agreement which affects the employee’s terms and conditions

    UNIFORMS AND TOOLS;

    • Allowance for or provision of uniforms and/or tools for affected employees.

    ACCEPTANCE;

    • Acceptance clause whereby employees sign that they accept the contract of employment and conditions therein
    • In a nutshell, if the bond is a valid contract, the company may go to court.

    However, any action on the part of the company e.g. retaining the original educational certificates/ creating any kind of impediments for the concerned employee to join a job(i.e. to earn)/ manhandling with the concerned person, etc. will adversely mar the cause of the company. Also, the amount of compensation a company can claim must be commensurate with the loss caused, and not more. I don’t feel that asking for last year’s salary is one of them.

    Any conditions which violate the fundamental rights as defined in the constitution / are not tenable in the eyes of law will again mar the validity of the bond. There are conditions that both parties need to fulfill while executing the contract. Contrary to that bond in question cannot say to exist as a legal contract.

    Employment Bond Meaning and Definition with 3100 words Law Essay Image
    Employment Bond Meaning and Definition with 3100 words Law Essay; Image by Franz Roos from Pixabay.

    References; Employment Bond: Enforceable Or Unenforceable in Indian Law?. Retrieved from https://www.lawteacher.net/free-law-essays/employment-law/employment-bond-enforceable-or-unenforceable.php?vref=1

  • Sierra Leone History Religion Education 1300 words Essay

    Sierra Leone History Religion Education 1300 words Essay

    Sierra Leone History, Religion, Education, and 1300 words Essay; Sierra Leone is rustic in West Africa, at the Atlantic Ocean. It acknowledges the white-sand seashores lining the Freetown Peninsula. The country owes its name to the 15th-century Portuguese explorer Pedro de Sintra, the first European to sight and map Freetown harbor. The original Portuguese name, Serra Lyoa (“Lion Mountains”), referred to the range of hills that surrounds the harbor. The capital, Freetown, commands one of the world’s largest natural harbors.

    Here is the article to explain, Sierra Leone History, Religion, Education, and 1300 words Essay!

    Although most of the population engages in subsistence agriculture, Sierra Leone is also a mining center. Its land yields diamonds, gold, bauxite, and rutile (titanium dioxide). Internal conflict crippled the country from the late 1980s onward, culminating in a brutal civil war that took place from 1991 to 2002. Since the end of the war, the government of Sierra Leone has undergone the arduous task of rebuilding the country’s physical and social infrastructure while fostering reconciliation. A critique of the Sierra Leone Education Policy;

    History of Sierra Leone;

    This discussion focuses on Sierra Leone from the 15th century. For a treatment of earlier periods and the country in its regional context, see western Africa, history of. Archaeological findings show that Sierra Leone has been inhabited for thousands of years. Traditional historiography has customarily presented it as peopled by successive waves of invaders, but the language pattern suggests that the coastal Bulom (Sherbro), Temne, and Limba have been in continuous settled occupation for a long time, with subsequent sporadic immigration from inland by Mande-speaking peoples, including Vai, Loko, and Mende. They organized themselves in small political units—independent kingdoms or chiefdoms—whose rulers’ powers existed checked by councils. Secret societies, notably the Poro society, also exercised political power, as well as instructing initiates in the customs of the country.

    Education History;

    Education and Practices of Uncertainty in Sierra Leone; Also, Education was historically valued in Sierra Leone as a possession that conveyed and expressed elite status, with the revered, authoritative teacher being the gatekeeper. The erosion of teachers’ authority through government policies designed to universalize access to education has called into question the once-certain high status of the educated. With the future now ambiguous, students and teachers undertake “practices of uncertainty,” engaging in symbolic boundary work to distinguish themselves from the uneducated; but at the same time undertaking the same manual labor as the unschooled.

    They socially level the elite and concurrently seek entrée to their networks; and react to an uncertain future with contradictory practices. The work undertaken by students and teachers lies within and reinforces extant social values that emphasize the importance of both distinction and belonging, revealing education’s enduring value in the social imaginary. This explains the tenacity of the idea of education even in a persistently desultory employment climate.

    Religion;

    About two-thirds of the population are Muslims, while about one-fourth are Christians. Less than one-tenth of the population practice a variety of traditional religions. However, this number does not include the many Sierra Leoneans who practice traditional religions in tandem with their professed Muslim or Christian faiths. Other religions—including Bahāʾī, Hinduism, and Judaism—are practiced by small percentages of the population.

    Liberalization and Conflict;

    Externally encouraged policies of liberalization in Sierra Leone in the 1970s and 1980s fed into civil war in the 1990s; yet such policies are now being revived. This article analyzes the impact of liberalization on the war in Sierra Leone, suggesting that it affected the conflict in four ways; first, by encouraging inflation, extreme devaluation, and private oligopolies; second, by reducing key state services such as education and health; third, by fueling corruption as real state salaries were cut; and fourth, by taking attention away from soldiers’ abuses under the military government of 1992-96; a government that existed praised and rewarded for its liberalization agenda.

    Making a case for critical African drama;

    This paper posits that continued adherence to the inherited British model constitutes one of the major problems inherent in the educational system in Sierra Leone and that the introduction of what the author is calling critical African drama could constitute a major and specific step toward the decolonization and Africanization of education in Sierra Leone. The author outlines some of the problems of education in Sierra Leone, critiques the tentativeness with which African elements have been introduced, puts forward proposals for change, and advances critical African drama to illustrate how these proposals could implement in and what they would mean for the specific subject area of literature/drama studies in secondary schools.

    Education;

    The standard of education in Sierra Leone before and immediately after independence was one of the best around the world. With the University of Sierra Leone established in 1827, Sierra Leone stood dubbed, “Athens of West Africa”. But that educational system fell on hard times. Over a long period of neglect, the country witnessed an erosion of standards in its educational system. From 1970 to 1985, the average growth rate for primary school enrollment was slightly more than 6.0 percent; while that for secondary school enrollment was just over 6.5 percent. From 1985 to 1990, the average annual growth rate for primary school enrollment fell to 2.0 percent; while that for secondary school enrollment fell to 1.6 percent. Besides these enrollment concerns, the outputs of institutions at the technical/vocational and teacher education levels had also been found wanting.

    Government education policy;

    Goals of education by the ministry of education, science and technology Taking into consideration its statutory mandate, the ministry developed the government goals of education that take into cognizance international markers such as the Education For All (EFA) programs, the Millennium Development Goals (MDG) and the desperate desire to recover from the throes of war.

    The goals are:

    • Reduction and relief of poverty using education
    • Significant increase in the literacy rate
    • Free and compulsory quality Basic Education
    • Gender equity in access to and participation in education
    • Increase in access to quality education at post-Junior Secondary School level
    • Empowerment of youth through education
    • Increased access to education for the disadvantaged and disabled
    • Decrease in regional and district disparities in access and quality education
    • Greater decentralization of education and devolution of authority by the increase in community ownership of schools.

    The government has progressively increased allocation to the Education sector to about 23% of the national budget. This increased allocation has facilitated improved access to fundamental quality education.

    Religion within education;

    The Sierra Leone constitution provides freedom of religion and the government generally protects this right and does not tolerate its abuse. About religion in Sierra Leone, the predominant faith is Islam, which is practiced by around 60% of the population; 30% adhere to Christianity, and 10% adhere to their indigenous religions. Unlike many other African countries, the religious and tribal mix of Sierra Leone rarely causes religious or tribal conflict.

    The nature of schooling costs in Sierra Leone; Sierra Leone is one of the poorest countries in the world with a literacy level of 51%. The government has officially abolished school fees; however, families still have to cover various education-related costs for their children. This paper analyses the nature of the schooling costs in Sierra Leone. It shows that despite the abolition of school fees, schooling costs remain prohibitively high. Based on field research – which involved the observation of schools and interviews with teachers, pupils, and parents – the paper posits that institutional factors may prevent the reduction of these costs.

    Sierra Leone History Religion Education 1300 words Essay Image
    Sierra Leone History Religion Education 1300 words Essay; Image by Charles Nambasi from Pixabay.
  • Strategic Planning Essay Need Methodologies

    Strategic Planning Essay Need Methodologies

    What is the Strategic Planning? Explain their Meaning, Essay, Need, and Methodologies; It is a manner of making positive selections within an enterprise. It can describe as a designed manner that supposes to support organizational leaders both domestically and internationally in phrases of operations techniques, goals, and objectives. Alternatively, strategic planning can define as a control tool used to allow an enterprise to work efficaciously and efficaciously toward reaching its goals and objectives, Strategic Management.

    Here is the article to explain, Strategic Planning Meaning, Essay, Need, and Methodologies!

    The procedure of dealing with the operations of a commercial enterprise knows as strategic as it involves how exceptional a commercial enterprise corporation responds to the occasions arising from a dynamic and in different instances hostile enterprise surroundings.

    Meanwhile, a Small business is a sort of commercial enterprise entity that owns privately using a character or a group of companions and that which operates with a small variety of labor forces. Small corporations can also encompass privately-owned partnerships, sole proprietorships, and corporations. Nonetheless, it’s far essential to word that the prison definition of a small commercial enterprise varies greatly in line with various international locations of the arena; this additionally relies upon the kind of industry in which a business entity may categorize into.

    This study’s paper will observe strategic making plans; with regards to this, the essay will have a look at the strategic making plans, practices, significance of strategic making plans, and the pitfalls of strategic planning amongst small agencies and ultimately offer a conclusion approximately strategic planning in small businesses.

    Meaning of Strategic Planning;

    Strategic planning is the process of deciding on the goals of the organization, on changes in these goals, on the resources used to attain these seals, and on the policies that are to govern the acquisition, use, and disposition of these resources. The word strategy uses here in its usual sense of deciding on how to combine and employ resources. Thus strategic planning is a process having to with the formulation of long-range, strategic, policy-type plans that change the character or direction of the organization.

    In an industrial company, this includes planning that affects the goals of the company, policies of all types (including policies as to management control and other processes); the acquisition and disposition of major facilities, divisions, or subsidiaries, the markets to serve and distribution channels for serving them; the organization-structure (as distinguished from individual personnel actions); research and development of new product lines (as distinguished from modifications in existing products and product changes within existing product lines); sources of new permanent capital, dividend policy, and so on. Strategic Planning decisions affect the physical, financial, and organizational framework within which operations carry on.

    Need for Strategic Planning;

    Strategic planning is the lengthy-time period of planning and carrying on on the pinnacle level of management. It involves identifying the goals of the agency. Management, after studying its strengths and weaknesses and based on the threats it faces and the opportunities, to be had to it, instructions of the enterprise. Strategic planning has to turn out to be an essential exercise for the top management of corporations because of the more turbulence in the environments wherein such establishments perform.

    Decisions to expand or dissatisfy pretty regularly emerge from the exercise of strategic questioning businesses when huge turnover and running in diverse fields normally have a separate branch which worried inside the manner of comparing the modifications in the surroundings and its implication for the organization. It likewise involves the valuation of the latest possibilities. Since businesses constantly have interaction with their surroundings and given that handiest the pinnacle control can make choices, that have long way-achieving long-term implications at the agency, the pinnacle management constantly scans the surroundings for viable possibilities.

    Thus only a few people are concerned about this system. In instances, strategic choices require secrecy and not communication until the decisions are taken. Most of the information for strategic making plans derives from the outside surroundings, e.G., industry demand, estimates of investments in new centers, and new flora. There is likewise an excessive degree of uncertainty related to the projections revamped a long duration and consequently, strategic planning has to recognize this truth.

    Methodologies of Strategic Planning;

    The following Strategic Planning Methodologies below are;

    Benchmarking;

    Benchmarking is the process of comparing your results with competitors or best practices. It is an essential business activity that is key to understanding competitive advantages and disadvantages. This method is a way of discovering what is the best performance being achieved. It is also a gain insight to ensure that benchmarking is in alignment with the company’s management objectives.

    This method will help the company for future analysis like what they have to do, what they need to change in the product, and how they have to represent the product in the market. Assessing the overall methodology looks at how industries compete and how their focused needs line up with their procedures. If the general system goes for expanding benefit, it isn’t predictable with going up against an organization on cost. Benchmarking focuses on the execution of industry leaders and enhances the execution by demonstrating the arrangement of necessary needs.

    SWOT Analysis;

    SWOT analysis is the best tool for understanding the assess issues within and outside the organization. This is a powerful way of evaluating the company or project. It helps us to get the exact or the nearby information about the company. It helps us to know which of the company’s strengths can use to maximize the rate of opportunities. Also, It helps to use the company’s strength to minimize the threats you identified. And helps you to take immediate actions in minimizes the company’s weakness using the opportunity as strength.

    Strength at the organizational level involves properties and abilities by which an organization gains an advantage over other organizations and competitor organizations that reveal as a result of the analysis of its internal environment. In other words, organizational strength defines the characteristics and situations in which an organization is more effective and efficient compared to its competitors. An organization can describe as strong, equal, or weak compared to its competitors based on five criteria. For the organization, it is as important to know its weaknesses as its strengths. The reason is that no strategy can be built upon weaknesses.

    The organizational weaknesses that have the potential to lead the organization to inefficiency and ineffectiveness should know and improve. Solving the existing problems that would cause difficulties and limitations for long-term plans and strategies, and foreseeing potential problems are obligatory. All environmental factors that can impede organizational efficiency and effectiveness are threats. The new world order formed as a result of globalization involves both opportunities and threats. This system enhancing opportunities as well as threats directs organizational management to be careful of and act more strategically on the developments in and outside their environments.

    ANALYSIS;

    Strategic planning must have to understand the need of their employees as they would recognize the talent of their employees as they would offer the recognize. They should give extra to their employees at the company to work extra for the company. For example, employees get opportunities to get work with the team to put CCTV cameras on the building as they did with perfect they would get rewards for them. This kind of thing helps to motivate the employees and build a better work environment as well.

    Maslow’s needs theory:

    There might be distinctive progression or request of needs for various representatives. The order of needs may not stay the same for workers at all levels. Workers whose lowest level needs have not been met will settle on choices that will decide based on pay, security, or dependability concerns. Permit social associations that introduce the feeling of having a place in the premises, recognize achievements to induce confidence and give chances to workers to satisfy their possibilities.

    McClelland’s Need Theory:

    Each individual has one of three principle driving motivators: the need for achievement, affiliation, or power. Achievers always find a solution and achieve their goals. E.g. those with a solid requirement for connection don’t prefer to emerge or take risks; and, they esteem connections above everything else. Those with a solid power motivator get a kick out of the chance to control others and be in control.

    Herzberg’s two-factor theory:

    It is less demanding to apply Herzberg’s Theory combined with Maslow’s Hierarchy of Needs. This serves to reinforce Herzberg’s Theory as it improves its application as a system to motivate workers. By distinguishing the requirements in Maslow’s order, the motivational elements can acquire and in this way satisfied. Herzberg perceives that genuine motivation originates from inside a man and not from the environment, or outside variables. Herzberg’s Theory can connect by directors to motivate employees. By identifying the hygiene factors, directors can satisfy the essential needs of workers and evacuate any component of disappointment. At the point when workers have no disappointment emerging from the activity condition; they are in a superior mode to motivate.

    Expectancy theory:

    Increased efforts would lead to expanded execution, given the individual has the correct tool to take care of business. The normal result depends upon regardless of whether the individual has the correct assets to take care of business, has the correct aptitudes to do the job requirements to be done, and must have the help to take care of business. That help may originate from the supervisor or by simply being given the correct data or instruments to complete the activity. Although many individuals associate high rewards. It additionally identifies with different parameters, for example, position, exertion, obligation, training, etc. It is vital to recollect that there is a distinction between incentives and motivators. Motivating forces are non-material articles. They control by directors and pioneers with the end goal to motivate representatives to do desired tasks.

    Synthesize of analysis;

    This activity is related to strategic planning and company methods; the meaning of strategy is the first stage of learning business things. So in this whole assessment, I learned about different strategic methods; some methods that I read or understand the first time like the Boston matrix & competitive analysis method. So through this learning, I came to know about the four types of product market, product life cycle; and the types of competitor analysis, like how, why, and when a company follows their competitor’s strategy like competitor dance, the trawler, waiting room. In this report, I have learned new& unique things such as qualitative and quantitative data analysis and related to strategy; methods that are more helpful for doing analysis and give me a right & clear vision towards an organizational strategic planning

    Porter Says;

    Through Porter’s five forces model came to know about the different five factors; and, how it affects the company value, and how it helps to company in doing improvements also. The risk of a new section is very high. On the off chance that anybody looks as though they’re making a supported benefit, new competitors can come into the business effortlessly for the benefits. Competition is a great degree high. If somebody raises costs, he or she will be rapidly undercut. Exceptional rivalry puts solid descending weight on costs. Buyer Power is solid, again suggesting a solid descending weight on costs.

    There is some risk of substitution. Benchmarking is another more interesting method through; which I came to know about decision-making that helps to improve the overall performance of the company. When the SWOT brainstorming process with the administration finish; check the outcomes so you can see all the positive changes; and any negative patterns—that could influence the system, and how we operate on the whole. After that development of strategy, the map takes place. After the implementation of strategies, programs should be built to help overcome weaknesses and run after opportunities.

    Strategic Planning Meaning Essay Need and Methodologies Image
    Strategic Planning Meaning, Essay, Need, and Methodologies; Image by Michal Jarmoluk from Pixabay.
  • Observation Methods in Research Case Study Essay

    Observation Methods in Research Case Study Essay

    Case Study of Observation Methods in Research Essay; This essay will look at the difference between two research methods; Case Study and Observation. A case study is the understanding of complex issues or can extend experience or add strength to what is already known through previous research. It is an in-depth study of an individual, group, incident, or community. Case studies emphasize the detailed analysis of the event or conditions and their relationship.

    Here is the article to explain, Case Study of Observation Research Methods Essay!

    Sometimes researchers use the case study method for real-life situations and use sources of evidence to prove their study. Observation method of data collection in research methodology; The first step to take in the case study is to collect all data about the case and should organize to draw attention to important points in the case. The case study’s questions are most likely to be information questions “why “and “How “therefore these questions are helpful to focus on the study’s goal.

    David;

    In this case, study researchers gather facts from different sources, and conclusions made of these facts. Here is a case study of David’s behavior,” David, 13 year old who has been admitted to a detention facility in California. Police reports indicate that he and another boy stood arrested for breaking into a private residence. David grew up in an upper-middle-class section of California. David’s father is a professor at a college, and his mother is a dentist who works for a health care group. Even as a small child, David seemed unable to restrain himself. He would bound around the house, crashing into walls and objects, frequently breaking items or destroying house plants.

    David entered puberty at the age of 11, and at that time, his behaviors became more destructive. He frequently got in fights with his classmates, and would verbally assault teachers. His parents suspect that he may have tried smoking cigarettes and may have experimented with sniffing glue. After his arrest for breaking, David began to cry and told his parents that he felt bad for what he had done. He added that he was unable to control himself.”

    In David’s case study which took a long time to study David’s behavior from his childhood to his teenage and in different circumstances David’s behavior had changed and resources have been used to prove his behavior such as his parents or police.

    Another example for case study research;

    it’s Freud’s little Hans case study,

    “Freud used a case study method to investigate little Hans’ Phobia however the case study was carried out by the boy’s father who was a friend of Freud. Freud probably only met the boy once. The father reported to Freud via correspondence and Freud gave directions as to how to deal with the situation based on his interpretations of his father’s reports. Freud noted that it was the special relationship between Hans and his father that allowed the analysis to progress and for the discussions with the boy to be so detailed and so intimate.”

    “The first reports of Hans are when he was 3 years old. When Hans was almost 5, Han’s father wrote to Freud explaining his concerns about Hans. He described the main problem as follows:’ he is afraid of the horse will bite him in the street, at age 19 the not so little Hans appeared at Freud’s consulting room having read his case history. Freud believed that the findings from the case little Hans supported his theories of child development.”

    Observation involves looking and listening to the object very carefully. Researchers in observation studies an individual or group in their natural settings without being informed of the observation in advance. Observational data usually detailed information about a particular person, group, or situation and reveals changes.

    Non-participant observation;

    In a non-participant observation researchers observe the behavior of the subject without interacting with the subject whereas in participant observation the researchers put themselves in the subject’s position; so the researchers become part of the world of the subject while focusing on their study and indirect observation; people know that you are watching them, and there is concern that sometimes individuals change their actions; while not showing what you are looking for or what they look like.

    Research led by Charlton,

    “studied the effect of television on children’s behavior when it was introduced to an island of St Helena in mid-1990s, The researchers focused specifically on pro-and-anti-social behavior. Using video recording, they found that, compared with playground observation on three to eight years olds made four months before television started, five years after its introduction 5 out of 64 measures were showing a decrease in pro-social behavior. However for boys, only there was a significant increase on two pro-social measures and a significant decrease on two anti-social measures. In other words, for boys at least there was almost as much positive as a negative effect.”

    The research led by Charlton was a naturalistic observation that use to collect behavioral data in real-life situations. The data-gathering device in this research was the video recording, which taped the children’s interaction daily.

    There is another example of Whyte studies about Italian gangs for an Observation research study,

    “Whyte studied an Italian street gang in Chicago by joining it. It was obvious Whyte was not a normal gang member. His ‘cover’ was that he was writing a book about the area. He made the famous statement that ‘I began as a non-participating observer. As I became accepted into the community, I found myself becoming almost a non-observing participant.”

    Whyte;

    Whyte’s research study existed undisclosed participant observation. Whyte as an observer kept hidden his study about the gang from gang members; Whyte aimed the understanding of the gang by putting himself in their position; and observed gang members in their natural setting, as they were busy in their everyday lives.

    Ethical issues;

    Two ethical issues Consent and Deception, both are very important issues to concentrate on before deciding on psychological research. Consent should obtain in an early time of research; this would involve informing the participant about the grounds for the research and their role in the research; however, there are some cases where this does not require; if the research is something in public where they would normally expect to observe; they would need permission to observe on the other side in deception; participants should never deceive about any aspect of the study they are taking part in. Same as consent participants should be provided with sufficient information at the earliest stage.

    Other ethical issues;

    Other ethical issues are, the introduction where both sides’ confidence need between the researcher and the participants, and the data protection act protects participants in the research; therefore confidentiality and privacy are important to agree on both sides except in a situation where the human life is in danger. And participants must inform of their right to withdraw from the research at any stage of the research. After debriefing, participants have the right to ask for their details in the study to destroy in their presence. Participants should not ask to risk their lives in any circumstances during the study.

    The publication is another important part of the ethical issues; it’s the responsibility of the researcher to publish is his research; this is because if the research failed has cost a lot of time; and money someone else might have the same idea and might invest lots of time and money, which would waste.

    Colleagues;

    It’s the researcher’s responsibility to monitor his colleagues in research to ensure that code follow; and, if the researcher becomes aware of the participant’s problems in the study; the researcher should refer them to someone qualified to advise them on the issue if the participants wish to.

    In Zimbardo’s Stanford prison experiment, participants existed deceived and existed physically harmed; they do not inform properly about all that took place later in the research; therefore deception does not allow in any circumstances; and, all that is going to take place in research should talk to participant in an earlier stage. And the participant’s consent existed not obtained before the research and participants do not inform of the reason for the study

    This involves informing the participant of the reasons for the study and what is expected of them. There are few cases where this does not require; if someone is doing something in public where they would normally expect to observe, they permit to observe.

    Observation Methods in Research Case Study Essay Image
    Observation Methods in Research Case Study Essay; Image by Arek Socha from Pixabay.

    References; Case study and observation research methods. Retrieved from https://www.ukessays.com/essays/psychology/case-study-and-observation-research-methods.php?vref=1, http://www.holah.karoo.net/freud.htm

  • Sale of Goods Act 1979 Sections 12 13 14 15 Essay

    Sale of Goods Act 1979 Sections 12 13 14 15 Essay

    Sale of Goods Act 1979, under Sections 12, 13, 14, 15 Essay, Summary, and History. What is the Sale of Goods Act? This act calls for goods to be as defined, of exceptional nice, and match for the cause. Fit for motive approach each for their normal reason, and additionally, any particular purpose which you agreed with the vendor (as an example, in case you especially asked for a printer that might like-mind along with your computer or wall tiles that might be appropriate to use in a restroom).

    Here is the article to explain, Essay, Summary, and History of Sale of Goods Act 1979, under Sections 12, 13, 14, and 15!

    Goods sold must additionally healthy any pattern you provided in-store or any description in a brochure. The best time goods don’t require to be quality high-quality is if an illness or difficulty becomes especially drawn for your interest earlier than you purchased them. So, in case you tested the goods and could observe (however did not do so) that they have been no longer of first-class quality. Or, in the case of sale by sample, if the lack of excellent would have been obvious on an inexpensive examination of the sample, you would no longer be capable of arguing that the goods have been not of excellent pleasant.

    Introduction;

    This summary examines the Sale of Goods Act 1979 (“the Act”) within its context: why it existed and drafted. What are its important provisions, and how it has changed since it came into force? More to know Antitrust Law Case Study. It submitted that the Sale of Goods Act 1979 has been part of a change in consumer dealings, with its most significant contributions being to the rights consumers have when they buy products that turn out to be faulty. Indeed, its use has been so central to implied terms in particular, that one author criticized for failing to see the contribution of the Act to the law of implied terms. At the same time, the Act’s importance has to an extent been diminished by the introduction of very recent legislation.

    The rationale for Drafting;

    The Act codified various provisions, such as the formation of a contract. Which was already prevalent and well-established in the common law. However, its contribution was to enhance consumer confidence. It argued that without the Act, and its successors, there would be little protection for consumers. This imbalance of consumer rights would lead to significant caution and even “defensive consumerism”.

    If consumers believe they have few rights when purchasing goods, then they are slow to trust newer and less-familiar brands and will continue to buy goods from established brands, even where those goods lack quality. Therefore, if the legislature does not guarantee certain minimums for consumer confidence, competition would suffer. In summary, the Act stood brought about due to a concern for protecting consumer rights. Thereby promoting consumer confidence and increasing competition amongst producers.

    Provisions of Note;

    The Act was recognized for its contribution to the law of implied terms. Sections 12, 13, 14, and 15 guide the existence and scope of implied terms relating to title, quality, sale by description, and sale by sample. It submitted these sections are central to any considerations about implied terms.

    Section 14;

    It is important because of its use of several concepts. First, it implies several terms in all contracts, those terms being that the goods are of satisfactory quality. Which is evaluated by reference to the “state and condition” of the goods? Second, the section contains an important proviso: the terms only imply when the sale conducts “in the course of a business.” The “valuable decision” of MacDonald v Pollock – a Scottish case which nevertheless provides important guidance for applying the Act across the UK – has recognized this section to have far-reaching consequences for business-to-consumer and business-to-business transactions, because the definition of a business is now a material issue.

    Section 15A;

    It refers to remedies for breach of conditions in non-consumer cases. This section says a buyer may claim for breach of warranty, but not repudiate a contract, where “the breach is so slight it would be unreasonable for [the buyer] to reject [the goods].” This section has been argued as “central to elements of commercial practice” – as in one case – to concepts of description, condition, and rejection.

    The Act makes other specific additions to contract law designed to protect specific consumers. Section 3 of the Act gives detail about “necessaries” purchased by a minor. According to that section, necessaries – defined as “goods suitable to the condition in life of the minor and to his actual requirements at the time of sale and delivery” – must sell/purchase at a “reasonable” price. That section also requires a reasonable price must pay by a person who “because of drunkenness is incompetent to contract.”

    In conclusion, it submitted that the Act has codified the law, and provided guidance on various miscellaneous issues. And has been most significant for its contributions to consumer protection and commercial practice through implied terms.

    Redefined and Repealed;

    First, the Act and its place in consumer dealings stood further expanded on by subsequent legislation, in particular the Unfair Terms in Consumer Contracts Regulations 1999. These Regulations have added “to the consternation of UK lawyers”, the requirement by businesses to show good faith. This is a form of dealing which often seen in Continental European jurisdictions. But much less often in English law, which has “freedom of contract” as its object. Due to it not being part of English jurisprudence, the concept of good faith “remains early”. Nevertheless, these legislative developments have been accommodated, if only to some extent. Because of the detail given by the Act to implied terms.

    Scope;

    The Act has also been recently subjected to a reduction in its scope. The Consumer Rights Act 2015 (“the 2015 Act”). Which came into force in October 2015, and repealed a significant portion of the Act. The Act formerly had provisions relating to unfair terms of the contract in dealings vis-à-vis consumers and businesses. All of those provisions have now been repealed and replaced by the 2015 Act. Importantly, the 2015 Act has enshrined consumer protections relating to digital content.

    On the one hand, these changes are significant: the 2015 Act has introduced these protections. Because of issues relating to digital content, such as methods of delivery to smartphones. And the purchase of apps lived not envisaged at the time of the Sale of Goods Act. To a degree, therefore, the 1979 Act retains stood superseded. However, the Act still provides important concepts: the 2015 Act has principles of quality. And fitness for purpose is very similar to the 1979 Act. Therefore, the Act continues to be relevant.

    Conclusion;

    It submitted the Act has been part of and has helped to develop consumer protection. It has been part of an effort to boost competition by giving consumers certain assurances about their rights when purchasing from businesses (hence why the definition of a “business” is such an important issue). To an extent, subsequent developments have introduced concepts to consumer-to-business dealings that existed not envisaged in the Act. Nevertheless, it submitted these developments were only possible, at least in part, due to the foundations of the Act and its provisions relating to implied terms.

    Sale of Goods Act 1979 Sections 12 13 14 15 Essay Image
    Sale of Goods Act 1979 Sections 12 13 14 15 Essay; Photo by Pixabay from Pexels.

    References; Sale of Goods Act 1979. Retrieved from https://www.lawteacher.net/acts/sale-of-goods-act-1979.php?vref=1

  • 8 Case Study of Antitrust Law US Essay

    8 Case Study of Antitrust Law US Essay

    Antitrust Law US Essay 8 Case Study; Any regulation restricting enterprise practices considered unfair or monopolistic. The United States has the longest-standing policy of keeping opposition among business establishments via a spread of legal guidelines. The quality recognized is the Sherman Antitrust Act of 1890, which declared unlawful “every agreement, aggregate . . . Or conspiracy in restraint of exchange or trade.” Another important US Antitrust law regulation, the Clayton Antitrust Act of 1914, as amended in 1936 via the Robinson–Patman Act, prohibits discrimination amongst clients via costs or other ways; it also prohibits mergers of companies, or acquisitions of 1 firm using every other, on every occasion the effect can be “to substantially reduce competition”.

    Here is the article to explain, 8 Case Study of Antitrust Law US Essay!

    Many international locations have vast laws that defend purchasers and also alter how agencies function their agencies. The purpose of those legal guidelines is to offer an equal gambling subject for comparable corporations that function in a specific enterprise while stopping them from gaining an excessive amount of energy over their competition. Simply placed, they forestall businesses from gambling grimy to make an income. Also, These are called antitrust laws.

    What is Antitrust?

    Antitrust laws are policies that inspire opposition with the aid of restricting the market electricity of any precise company. This frequently includes ensuring that mergers and acquisitions do not overly listen to marketplace power or form monopolies, in addition to breaking apart corporations that have become monopolies.

    Antitrust laws also prevent more than one corporation from colluding or forming a cartel to limit opposition thru practices that includes price-fixing. Due to the complexity of figuring out what practices will limit opposition, antitrust regulation has ended up a distinct prison specialization.

    What are Antitrust Laws?

    Antitrust legal guidelines additionally known as competition laws are statutes evolved through the U.S. Authorities to shield consumers from predatory business practices. They ensure that honest opposition exists in an open-market financial system. These laws have advanced in conjunction with the market, vigilantly guarding in opposition to might-be monopolies and disruptions to the productive ebb and waft of opposition. Antitrust laws are implemented to an extensive variety of questionable business sports; along with but are now not constrained to marketplace allocation, bid-rigging, rate-fixing, and monopolies.

    Below, we take a look at the activities those legal guidelines guard against. If antitrust law didn’t exist, purchasers might no longer benefit from different alternatives or competition within the US market. Furthermore, customers could be pressured to pay higher charges and could have gotten entry to a confined supply of products and services.

    6 Main factors of US antitrust law;
    • Antitrust laws are statutes evolved by using governments to guard purchasers against predatory business practices and ensure fair opposition.
    • Antitrust laws are implemented to a wide variety of questionable commercial enterprise activities along with market allocation, bid-rigging, price-fixing, and monopolies.
    • Core U.S. Antitrust law become created with the aid of three portions of legislation: the Sherman Anti-Trust Act of 1890, the Federal Trade Commission Act, and the Clayton Antitrust Act.
    • Antitrust legal guidelines had been designed to defend and also promote opposition within all sectors of the economic system.
    • The Sherman Act, the Federal Trade Commission Act, and the Clayton Act are the three pivotal laws in the records of antitrust law.
    • Today, the Federal Trade Commission, from time to time at the side of the Department of Justice, is tasked with imposing federal antitrust legal guidelines.

    Case 1: Write a 100- word abstract of the case, including the date of the case.

    The essay gives a brief analysis and review of a case in which the government of the United States led to the U.S. Supreme Court. This is the defense of the claim appeal 384 U.S. competition 270 presented by the U.S. government against VON Grocery Co. (Von) in 1966 in the District Court of the United States for the Southern District of California No. 303. The duration was March 22, 1966, and the delivery of a verdict was May 31, 1966. It was in favor of the defendant.

    This just reminded demand, government regulators were ignoring situations that occur within its jurisdiction. It was despite his knowledge of the changing developments in market structures that controlled processes. Government regulators failed to switch to a relaxed mood compared to previous legislative procedures necessary reacted to the threats and opportunities of his time. As a result, this led to the prevention of unfair trade practices or disposal of similar economic activities of small-scale businesses.

    Case 2: Describe the provision of the US Antitrust Law invoked to judge the presence of anti-competitive behavior or potential for moving the industry in that direction.

    The 1960 merger of Von Grocery Company with competitor Shopping Bag Food Stores (Shopping Bag) whose locations are in Los Angeles, California violated Section 7 of the Clayton Act (n. P Thomson Reuter). Its amendment in 1950 regulates the reasonable termination through the prohibition of mergers and acquisitions, which decreased competition. Even after a new amendment in 1980, remains the main reference point for antitrust law mergers that threatened the US United States (Fox & Fox).

    Case 3: Describe the basis for the ruling and action that pertains to all OR some of the following factors: The extent and trend in competition and expected in the future: Industry Structure and trend and projection for the future [based on the past, mostly]; CR4, CR8, and HHI, especially in cases of mergers.

    The claim of the United States had other modifications as support for their arguments. They were the 1950 amendment to Section 7 of the Celler-Kefauver and Congress sought to preserve competition for small businesses. Stood also intended to help companies focus. Also, The court was the agent that was against large companies that use concentrations in markets with increasing centralization of business. He succeeded in divesting after United States v. Philadelphia National. . Bank, 374 U.S. 321 Celler-Kefauver 362 Anti-Merger Act 1950 as amended provides relevant information:

    “That no company engaged in commerce … shall acquire all or part of the assets of another company also engaged in commerce, wherein any line of commerce in any part of the country, the effect of such acquisition may be substantially to lessen competition or tend to create a monopoly. “

    Case 4: Describe the “conduct” in question that has been considered “anti-competitive:” Determine if the defendant had used an anticompetitive Price Strategy and explain how. Likewise, describe any Non-price Strategies the defendant had used and describe how.

    In investing 233 F. Supp. 976 Richard A. Posner was counsel for the United States. Your tips helped were Attorney General Marshall, Assistant Attorney General Turner, Robert B. Hummel, James J. Coyle, and John F. Hughes. The defense attorney was William W. Alsup. Your tips help Warren M. Christopher and were William W. Vaughn. As an interested party, the National Association of Retail Grocers of the United States Attorney Bison was Henry J., Jr., as amicus curiae, urging affirmance.

    MR. JUSTICE BLACK was the judge in the case and give judgment. The date of the original application was March 25, 1960. March 28, 1960, the District Court did not grant the motion of the Government for a restraining order against Von Grocery Company. Also, The latter wanted to acquire tangible capital around the Shopping Bag Food Stores, and the ruling was that not violate the terms of demand.

    It was a backdoor way of recognizing the merger and showing favoritism to the accused before final judgment. The main argument of the defense was that a company was protecting the other from the state of collapse. They merged to protect a stronger competitor. 374 U.S. 321, 362 was the claim that prohibiting such mergers. There were bank loans that may have had access to and filing for bankruptcy as financial coverage. The company achieved this when it was about to collapse. Also, He managed to regroup with the help of government agencies and private financial consultants.

    Case 5: Describe the effect of the defendant’s “conduct” on other firms (or the main rival) in the industry.

    Von was the third-largest grocery market in the retail area, Los Angeles, on sales; while the shopping bag of food was number six in 1958. Their 1960 joint sales rose 7.5% an annual output of two and a half million. Your Los Angeles market seemed too small a part of their market to the government to fight. However, if the top ten companies had double combined; also their total market share could have been about a third of the retail market of Los Angeles.

    To be fair to these stores, which had begun as the outgoing neighborhood store many Americans of his generation knew. Ten of the previous twelve years to the merger, the number of stores has increased to a little more than twice their number. The other positive numbers include increased sales and market share. Its merger positioned the number two supermarket chains in Los Angeles. Meanwhile, the discovery of individual owners of tennis shops in Los Angeles dropped by nearly two-fifths. In 1963, the numbers continued to decline.

    The government witnesses lacked a thorough analysis of the facts and figures that the defense had in its possession. For example, from 1949 until 1958, nine of the top 20 competitors chains came into possession of 126 stores smaller rivals. An important defense witness gave details of previous acquisitions and mergers from 1954 to 1961.

    They were in the top 10 stores in Los Angeles. Also, You might consider this as an ordinary person and discriminatory legal action. They should also have ground The nine competitors target rivals for smaller parties to legal action. However, the union of the two powers of the financial market was a threat to government control in the area of Los Angeles. The government reported data in its reply, the Federal Trade Commission prepared.

    Case 6: Describe the initial legal action taken against or in favor of the defendant.

    The initial legal action taken against the defendant is that the US government accused Von’s Grocery Company of violating Section 7 of the Clayton Act because it was an attempt to create a monopoly. The company appealed and the District Court ruled in its favor. Also, it is important to mention that the government made accusations against the company; because it wanted to purchase a smaller competitor in the retail grocery market that was called Shopping Bag Food Stores.

    Case 7: Describe any subsequent legal action in the case (such as the Supreme Court), if any.

    Once the case was resolved there was no subsequent action taken. The decision on the case was repealed by the District Court and Von’s Grocery Company could merge with, and subsequently absorb Shopping Bag Food Stores.

    Case 8: Carefully describe how the model of Structure-Conduct-Performance has been applied in the case under consideration.

    The history of the struggle against mergers in the United States began in 1890. At that time, Congress passed the Sherman Act to prevent monopolies. Distrust of Americans back to the founding of the country. Unfortunately, did not protect the smaller companies businessman larger monopolistic pressures. In 1897, the Court ruled that the U.S. government was against Trans-Missouri Freight Assn., 166 U.S. 290, 323. In [384 U.S. 270, 275], the Sherman Act did not protect the small businessman.

    Congressional approval in 1914, 7 of the Clayton Act allowed the merger of corporations through the purchase of shares of its competitors. By contrast, business people find a loophole and buy their opponent’s assets. A blow to the fight against the Clayton Act device came with the endorsement of Judge Brandeis, Taft chief justice, and judges Holmes and Stone in 1926. As a result, there was a reduction in the number of large companies.

    More things 01;

    The action existed in 1950 Congress adopted the Celler-Kefauver Anti-Merger Act. Representative Celler and Senator Kefauver’s main references were 384 U.S. lawmakers 270, 276 for the period 1940-1947. They used the Brown Shoe Co. v United States, 370 U.S. 294, 315 to argue their points. They and other members of Congress had the same concerns. In contrast, 7 of the Clayton Act had stamps in their lagoon and extended its coverage using 384 U.S. 270, 277. Evacuation This involved mergers between competitors and stop all instances of mergers.

    More things 02;

    The U.S. v National Philadelphia. Banking led to Amendment 7 to cancel the anti-competitive tendencies. 384 U.S. 270, 279 is another case of reference that allowed the passage of the Celler-Kefauver Act. In United States v. El Paso Gas Co., 376 U.S. 651, 662 defendants El Paso Gas Co. were notified of antitrust charges and declined to postpone divestment from the beginning. Moreover, these two other similar cases of the United States v. du Pont & Co., 366 U.S. 316; United States v. Alcoa, 377 U.S. 271, 281 are pre-trial demand 384 U.S. 270, 303 which stood subjected to analysis.

    More things 03;

    Decisions of typos with the figures presented in court said the government ran a presentation to meet with any person or body quirks. The government regulator requires constant awareness of the impact of legislative developments and industry trends and ongoing. There is the need for external consultants to give their objective on huge demands especially in unknown actions reviews. In such cases, the now useless but necessary demand requires more in-depth research, planning, analysis, and the reality of how to fight cases misunderstood using antitrust laws. Also, This implies compulsory receive expert help to train the executors. This paper has emphasized that the demands of the past are benchmarks for current and future cases and judgments.

    More things 04;

    Upon focusing on how the SCP paradigm lived applied in the case being considered; the first thing to note is that during the 1950s and 1960s; the grocery retail industry stood characterized by ownership concentration. In other words, fewer and fewer owners started to own more and more stores (which they would go and absorb from smaller competitors). The structure and conduct of the market we’re going in the direction of fewer competitors of larger sizes. In the particular case of Von’s Grocery Company, it may see that its sales; when combined with the sales of Shopping Bag Food Stores, represented 7.5% of the total dollar amount of retail groceries sold per year in Los Angeles.

    Combining this fact by the fact that between the late 1940s and the late 1950s both businesses involved with the merger had doubled in size (measured by the number of retail stores owned by each), and that the trend was going in the direction of larger (and fewer) competitors; it was decided that there was no violation of Section 7 of the Clayton Act. In sum, it was decided that there was no attempt of creating a monopoly; but rather a strategic decision imposed by the market.

    8 Case Study of Antitrust Law US Essay Image
    8 Case Study of Antitrust Law US Essay; Image by Vural Yavaş from Pixabay.

    References; Anti-trust Law Case Study. Retrieved from https://www.ukessays.com/essays/law/antitrust-law-study-7718.php?vref=1

  • 10 Dissertation Methodology Examples Topic with Essay

    10 Dissertation Methodology Examples Topic with Essay

    What is a Dissertation Methodology Examples 10 Topic with Essay? The methodology section will be the article that you write following your literature review. After you have researched and discovered the gap in the available literature, you can create ideas for your proposed research.

    Here is the article to explain, What is a Dissertation Methodology Examples 10 Topic with Essay?

    In your research proposal, you will have had a suggested methodology where; you would have given ideas about how to approach the research; this would have been either through a primary data approach or through collecting secondary data. Before discussing the topic of Dissertation Methodology Examples with essays we just take look at types of data. The following types of data;

    Primary data;

    Primary data is any form of evidence that you collect yourself through; your research in the form of surveys, interviews, questionnaires, focus groups, observations, experiments. Also, Primary data collection methods do not involve the collection of data from other researchers’ work and their studies.

    Secondary data;

    Collecting secondary data is the collection of evidence from previous researchers’ work. An example could be focusing on another researchers’ experiment and using their findings as a basis for your dissertation. An example could be collecting the findings from two different experiments and comparing the findings of these studies about the question posed.

    Once you have decided what type of data you will be collecting; you will then need to determine whether the data being collected is qualitative or quantitative as this will have an impact on the analysis of your research.

    10 Dissertation Methodology Examples Topic and Essay;

    We have provided the selection of examples of methodology dissertation topics below to help and inspire you.

    An assessment of the relative strengths of different interviewing techniques within qualitative research;

    Furthering the hypothesis that choosing the correct interviewing technique (or techniques) is a vital prerequisite to the attainment of quality primary research data; this dissertation offers a comparative critique of four interviewing techniques and scenarios. They are; face-to-face interviews versus email interviews, structured versus semi-structured interviews, individual interviews versus group interviews, and open versus closed questioning techniques. Having used secondary data to assess the relative strengths and merits of each; the second part of the dissertation will then conduct a ‘fictitious’ study upon ‘perceptions of Norwich as a romantic weekend holiday destination’ and will conduct interviews using each of the aforementioned techniques. Through so doing, the study will be able to offer a series of reasoned comments as to which interviewing technique was most useful for the given study area.

    Adapting the Likert scale for a more sophisticated audience: an opinion.

    As a mechanism through which to quantify primary data, especially within the social sciences, a Likert scale is an oft-used tool. Whilst this dissertation advances the view that quantitative data is superior to qualitative (a contention discussed within the study); it nevertheless posits, that improvements could make to the Likert scale. In so doing, it suggests that a fundamental weakness exists within the scale as a consequence of its usage of terms such as ‘agree strongly’ for such phrases are nebulous concepts. The result is that, whilst 80% of respondents may ‘strongly agree’; there may be substantial variations amongst the respondents as to what ‘strongly agree’ specifically means.

    A critique of Bryman.

    To many, the work of Alan Bryman has been pivotal to their studies. Offering a range of key texts on issues relating to methodology and ethics within research; Bryman is an acknowledged guru of research techniques within the social sciences, particularly within the United Kingdom. However, not all agree that, without Bryman, a research methodology bibliography is ‘not complete’. This dissertation addresses some of the questions raised by authors such as Leahey and Tashakkori; who contend that mixed methods research can be anomalous as it attempts to cross the qualitative/quantitative divide.

    Theoretical perspectives within the social sciences: they always need?

    Amongst the social sciences, there appears to exist an almost institutional doctrinal expectation that all primary research must underpin by reference to either the work of Michel Foucault or Karl Marx, both ‘sacred cows’ in theoretical studies. This dissertation takes issue with this assumption and in so doing reviews the doctoral theses of Geography Ph.D. students from the years 1950-1960 and those of 1999-2009 as held within the libraries of the universities of York, Durham, Newcastle, and Leeds. In so doing it notes the theories within them and suggests that the present-day preoccupation with ‘shoehorning’ Foucauldian or Marxian theory into the methodology of each dissertation detracts from a wider academic ground.

    A discussion of the importance of ontological research within the pedagogy of education.

    As “a theory of existence concerning the status of the world and what populates it”, ontological research advances concerning pedagogy by educationalists who posit that ‘reality’ is evaluated by two broad assumptions: ‘interpretivism’ and ‘realism’. Combining these theoretical assumptions and philosophical definitions, this dissertation evaluates the methods currently being applied to assessing pedagogy and determines; which approach best suits this area. Accordingly, it also examines the value of epistemological research methods and considers the merits of both approaches. Finally, it investigates how much ‘learning’ is actually ‘knowing’; and how much the methodology in pedagogy has affected the understanding of ‘learning’.

    Epistemological research within the classroom: a rejoinder.

    Hamlyn posits that epistemology is concerned with “the nature of knowledge, its possibility, scope, and general basis”. In applying such concepts to pedagogical issues and wider educational research, Pring furthers that epistemology is, resultantly, a concept upon which individual researchers can adopt different (but logical) positions. This dissertation debates the theoretical research viewpoints of epistemology with interpretivism and non-interpretivism and in so doing furthers existing academic debate such as that advanced by Crotty that reality ‘comes into existence in and out of our engagement with the realities of our world’, rather than existing independently of peoples’ thinking.

    The literature of qualitative data; a secondary source-based commentary.

    Qualitative research evolves out of a pursuit of phenomenological data that provides evidence of particular behaviors, occurrences, and perspectives. Traditionally employing a greater emphasis on sociological techniques for its investigative process; a qualitative approach can therefore generate relevant findings retrieved from fundamentally complex scenarios. This dissertation reviews existing literature on the merits and weaknesses of qualitative data and in so doing seeks to make its contribution to research within the social sciences more accessible to the general reader. Thus this is a dissertation that involves close textual referencing and will require the writer to explain complex methodological issues clearly and concisely.

    A critique of the complications involved in using interviews within primary research.

    Walliman asserts that interviews are a useful method of obtaining both information and opinions from experts during the early stages of a research project. However, Sarantakos warns that the process of interviewing can affect by many diverse problems, leading to errors. These problems generally tend to associate with the nature of the method used; which includes data recording, evaluation, and instruction errors. This dissertation accordingly, therefore, also discusses the proactive steps that researchers can take to recognize potential errors and mitigate them. This is a dissertation that would be ideal for a researcher who has previously conducted research using interviews.

    Ethical considerations within primary research: an overview of its development and existing best practice.

    This dissertation notes that several ethical issues can arise during conducting primary social research, particularly “to prevent harming or wronging others”. Accordingly, it further notes that the best advice for the researcher is to be constantly ethically aware and to ensure that the ‘meaning and justification of moral consideration which underlies research’ are always apparent. Working with specific reference to the ethical considerations that arise when interviewing vulnerable members of society; this dissertation charts the development of ethical research codes within higher education over the past twenty years and thereafter presents a commentary on existing best practices. In so doing, it hopes also to proffer reasoned suggestions as to how existing codes could further improve.

    The importance of Boyatzis and Glaser and Strauss to contemporary approaches to methodology.

    From a methodological viewpoint ‘grounded theory’ is often taken to refer to the theoretical explanations about the social world that emerge from empirical data. This approach was developed by Glaser and Strauss, to conduct research that generates inductive and qualitative theories. In addition, it is widely acknowledged that a more formal definition of thematic analysis existed developed by Boyatzis in 1998. Moreover, his technique recognizes that to analyze appropriately unrelated or dissimilar information; a theme or pattern must be discerned that describes and organizes the possible observations. This dissertation reviews the importance of the work of these authors to prevailing attitudes to the collation of research.

    What is a Dissertation Methodology Examples 10 Topic with Essay Image
    What is a Dissertation Methodology Examples 10 Topic with Essay? Image by StartupStockPhotos from Pixabay.

    References; Methodology Dissertation Topics. Retrieved from https://ukdiss.com/topic/methodology-topics.php?vref=1

  • 7 Best Online Payment Solution for Small Business

    7 Best Online Payment Solution for Small Business

    7 Best Online Payment Solution for Enterprise or eCommerce or Small Business; With the progress of the digital fee enterprise, there are several online price strategies brought for eCommerce organizations. The exponential increase of global groups requires credit and debit card payments and trade fee techniques; which include cashless transactions and commercial enterprise-to-business bills.

    Here is the article to explain, 7 Best Online Payment Solution for Enterprise or eCommerce or Small Business!

    Once a service provider establishes an e-commerce store; the next step is to installation a fee technique to deal with clients from across the border. For example, many customers use credit or debit cards to make online payments.

    While that is the safest available alternative, some other online price strategies exist also relaxed and efficient. These are vital to your enterprise to flourish in global markets; because if human beings do now not use Visa or Mastercard, your enterprise will lose capability clients.

    What Are the Types of Online Payment Methods?

    Some of the maximum popular online charge strategies encompass credit score/debit card transactions, bank transfers, e-wallets, mobile payments, and so on. But what’s the fine price approach, and what must you select for your eCommerce keep? Please read below to find out about them in element.

    Whether they’re buying from a computer browser or your mobile app; customers these days anticipate unique payment methods to feature in online stores; if you want to pick out the only one that fits that precise need. To be relevant to the widest target audience, you need to make sure your web page has talents to assist the ones to charge means which might be most famous online.

    So if you’re casting an extensive internet and are targeting any of the four. Fifty-seven billion net customers global, your website list of payment techniques ought to consist of:

    Credit and debit cards;

    Credit cards continue to be one of the maximum popular choices globally for online purchases; although their marketplace share has been dented in recent years by eWallets. Worldwide, playing cards accounted for 41% of eCommerce transactions in 2018, with a clearer preference in longstanding eCommerce markets, along with Europe and the Americas.

    Cards’ popularity as online fee techniques become constructed on the safety features presented – card transactions had been regulated for many years through global or regional compliance requirements and additionally with the aid of patron protections issued through price processors, together with the ones upheld via American Express, Mastercard, and Visa.

    Credit cards have a slightly more marked desire in Western markets vs debit playing cards, given some of their additional capabilities. For example, some consumers incentivize to apply for credit cards to have to get admission to the bank’s reward applications. In the US, more so, credit card spending impacts the person’s credit scoring and serves as an additional motivation to opt for it as an online payment method.

    Card’s declare to the number one spot in patron possibilities for eCommerce payment techniques has been seriously challenged in current years, as we’ll see going ahead.

    Benefits of Credit or Debit Card Payments;
    • Credit or debit card transactions are some of the best online fee strategies due to the fact they may be secure and efficient. Internationally, credit scores and debit playing cards serve as a worldwide solution for all forms of online transactions.
    • Moreover, it is simple to use credit score cards as you only need to input the cardboard range, CVV, and the expiry date.
    • This is why everyone is familiar with making transactions thru credit cards.
    • They are also at ease due to the fact CVV compares the customer information to discover fraud.
    • Thus, with robust consumer protection, credit score playing cards have emerged as one of the maximum reliable online price techniques.
    • Besides credit score playing cards, debit cards are also famous for conducting eCommerce payments.
    • They are appropriate for clients who wish to make online transactions within a selected monetary restrict.
    • Thus, the primary difference between a credit score and a debit card is that in case you use a debit card; you can simplest make purchases from the money found in your account.
    • In the evaluation of this, credit playing cards use billing cycles. You charge at the top of every billing cycle. The billing cycle commonly stages from 28 to 31 days.

    eWallets;

    Also known as digital wallets, eWallets are one of the fastest-growing online price strategies in B2C eCommerce all around the international, projected to account for fifty% of global eCommerce sales by 2022. Some reviews are even locating that the usage of eWallets has overpassed that of playing cards closing year on a worldwide stage – in some markets, the Asia Pacific; for example, this online fee technique had a proportion of virtually 60% of transactions in 2019.

    This opportunity fee technique works like a prepaid credit score account, and shops the patron’s facts and funds. When the usage an eWallet, the person now not have to enter his financial institution account details to complete the purchase, being redirected from the checkout to the eWallet’s page where they clearly ought to log in with their username and password to finish a purchase.

    The maximum famous virtual wallets consist of PayPal (predominantly within the Western international), AliPay (popular within the Asia Pacific), ApplePay, GooglePay, WeChat, and Venmo. EWallets additionally work in mixture with mobile wallets, employing a phone’s biometric options; This is the best online payment solution, which assists the patron to authenticate faster for that reason finishing their bills quicker.

    Bank transfers;

    This online price approach involves the patron paying from their banking account with their budget. It perceives as having a further layer of safety, as transactions require authentication through the purchaser’s financial institution. When selected because the charge method is all through checkout; a bank switch redirects the consumer to their internet banking portal, wherein they have to log in and authorize the transaction.

    Bank transfers accounted for 9% of world eCommerce transaction volumes last year, chosen in the main in Europe. Bank switch is one of the qualities online fee strategies due to greater security. The financial institution handiest approves the transaction as soon as the customer authenticates it.

    Bank transfers are important online payment methods for eCommerce groups; because it’s miles a completely easy and clean way to make online purchases. Moreover, customers don’t even require cards for making bank transfers. Thus, it is convenient, safe, and dependable.

    Buy now, pay later;

    An online charge approach that has collected interest lately; and which has registered a 162% boom within the beyond two years is Buy Now, Pay Later. This is a form of on-the-spot lending which an increasing number of young clients are turning to, as Teen Vogue additionally reviews. When deciding on this feature, consumers have the option to pay later, through the years; while not having to open up a credit card for this. Availability of this feature at some stage in checkout has been pronounced to persuade 30% of more shoppers to finalize a buy they wouldn’t have otherwise.

    While this alternative payment technique is still in its infancy, with simply over 1.5% of worldwide eCommerce transactions in 2019; its miles expect it’ll rise over the next three years. Credit or pay later is the best online payment solution; Some of the options for this payment method include Klarna, AfterPay, and Bread.

    Prepaid playing cards;

    Another alternative online fee method prepays playing cards, chosen the main by unbanked users or minors. Customers opt for a prepaid card from a fixed of predefined available values after; which they use the details on that card for online transactions.

    Market penetration of pay as you go playing cards is presently at simply around 1% of all global eCommerce transactions, some of the maximum famous cards chosen with the aid of customers along with Paysafecard or Mint. Usage of this payment method extra market within the gaming industry pushed most probably via audience demographics.

    Prepaid cards are a good alternative to credit and debit cards. These playing cards are extra like present cards that come with a stored value. You can pick out the card that fits your finances.

    Besides this, you may also purchase a pay-as-you-go card to load your required amount to make online purchases. The saved foreign money is a form of digital forex. But, prepaid playing cards are nevertheless one of the less popular online price techniques. However, they may be gaining popularity for move-border payments.

    Electronic exams or wallets;

    The use of e-checks, a web payment technique regulated by using ACH, includes drawing money from a checking account. The consumer himself authorizes the price directly from his net bank account; and processing is just like that executed inside the case of regular paper tests, however quicker.

    Electronic assessments are famous amongst American merchants with large income volumes; and, a high average quantity, and they’re perceived as a low-priced online payment approach. E-checks were the first Internet-based price utilized by the American Treasury for making huge online payments; which can explain their reputation on this class of customers.

    E-wallets, additionally popularly known as digital wallets, provide clients with an advanced online payment approach. It requires the merchant and the purchaser to sign up. Once you create a digital wallet, you have to link your e-wallet account to your bank account to deposit or withdraw funds.

    It is an effective fee method due to the fact customers can instantly make payments. You must offer your information to the e-pockets account. Once you save online, the e-pockets can routinely fill for your statistics on payment bureaucracy. You ought to input your password to activate the e-pockets to make immediate payments via your smartphone.

    Mobile Payments;

    With eCommerce becoming mainstream, many clients are looking for mobile-friendly online price techniques. Mobile payments are the best online payment solution, also called cell cash transfers or cellular wallets, are one such change fee approach. This price answer is green, dependable, and quick because you handiest ought to download the software program and hyperlink it to your credit card to make online purchases.

    Oceanpayment, All-In-One Solution for Online Payments;

    With the rise in eCommerce comes the call for handy and efficient charge techniques for making online transactions. In addition, the emergence of diverse apps, software, and global price processing services has made; it feasible for customers to apply trade fee methods.

    Global charge services consisting of Oceanpayment are a one-forestall store for all forms of online transactions; because they provide many solutions for all styles of small and big-scale organizations. When you increase your enterprise to other international locations, your clients will purchase online.

    This is where worldwide payments come into play. Global payments are also known as cross-border payments that your customers transfer from other united states of America. You want a credible price gateway processor to get hold of those worldwide bills. The price company you pick methods the customer’s charge and transfers it to your account.

    Oceanpayment is one of the most reliable and cozy worldwide charge services that provide businesses with greater than 500 change charge strategies. This is important for your e-commerce business; because if the clients in worldwide markets do not use MasterCard or Visa; they’ll abandon their carts, ensuing in the ability loss of a purchaser.

    In this situation, Oceanpayment will prevent losing your clients in international markets by imparting them with numerous online price strategies. You also do now not should partner with credit score card vendors for processing payments, as Oceanpayment will provide; you with the most convenient and simplified strategies for price collection.

    Final Words;

    With the emergence of various software and apps for making online transactions; the best online payment solution, you want to pick a comfy and reliable alternative in your eCommerce save. Unfortunately, many go-border bills result in facts breaches and theft. Therefore, you must companion up with an agency that guarantees safe price transfers.

    Oceanpayment is a safe worldwide charge carrier that offers you end-to-cease encrypted fund transfers. Moreover, they use danger management steps to make sure that the payments aren’t fraudulent. If you want an all-in-one solution in your eCommerce bills; get in contact with this global payment provider through a phone name or contact shape.

    7 Best Online Payment Solution for Small Business Image
    7 Best Online Payment Solution for Small Business; Image by Mohamed Hassan from Pixabay.
  • 5 Remuneration Meaning Definition Methods

    5 Remuneration Meaning Definition Methods

    Meaning and Definition of Remuneration for unemployment with their 5 Methods; Remuneration is the full compensation obtained by way of a worker. It includes not the best base revenue but any bonuses, commission bills, beyond regular time pay; or other financial benefits that an employee gets from an agency.

    Here is the article to explain, What is the Meaning and Definition of Remuneration for unemployment with their 5 Methods?

    An activity perk may also or might not be a factor of employee remuneration. An on-site gymnasium or a Beneficiant excursion plan are perks but they are not cashing in a worker’s pocket. Remuneration may additionally consist of the direct price of money or taxable fringe blessings along with non-public use of a company automobile.

    Meaning and Definition of Remuneration for unemployment;

    Remuneration is any form of compensation or payment that an individual or worker receives as the price for their services or the work that they do for a business enterprise or company. It consists of something base salary an employee gets, at the side of other kinds of payment that accrue throughout their work; which includes fee account finances, bonuses, and inventory alternatives.

    Introduction to Remuneration;

    Rewards may define because of the compensations and benefits obtained by using an employee in change for their offerings. Remuneration forms a crucial subset of the entire rewards and comprises the one’s elements that may value in monetary phrases. Effective remuneration approach frequently underpins the success of the business; as its miles consider as one of the key elements to draw and motivate human capital. Herzberg (1993) asserts that insufficient remuneration is one of the key elements inflicting dissatisfaction amongst personnel. The term remuneration is often associated with primary pay.

    However, remuneration is a far broader period and can encompass an extensive range of strategies for profitable employees within the shape of salaries, bonuses, piece-based remuneration, fee, employee stock options, fringe advantages, deferred concerns, performance-related pay, and earnings-sharing amongst many others. One of the fundamental challenges for companies in the contemporary commercial enterprise environment is that of employee motivation.

    Motivation can define as; “the diploma to which a man or woman needs and chooses to have interaction in positive specific conduct”. The cause of this essay is to seriously examine diverse strategies of employee remuneration definition; and, determine its position within the strategic control of human sources for an organization by way of dropping the light on its key benefits and drawbacks. The essay will eventually conclude by using analyzing; if a specific method of remunerating employees fits all situations or prefer other methods of remuneration.

    5 Different Methods of Remuneration for unemployment;

    The following 5 different methods of remuneration below are;

    Performance-related pay scheme:

    As the name suggests, performance-related pay schemes reward employees by linking the level of reward with the performance of the employees. Typical examples of performance-related pay include bonuses, commissions, and deferred considerations.

    Advantages;

    One of the key advantages of performance-related remuneration is that; it provides an effective means of rewarding by distinguishing between good and poor performers. Other advantages of performance-related pay increase motivation amongst employees to improve performance, attract and retain high performers and talented individuals, and ultimately improve corporate performance.

    Nonetheless, empirical evidence highlights that performance-related pay has often been ineffective. Also, highlight that the link between the increases in performance-related pay and corporate performance has remained weak.

    Disadvantages;

    Performance-related pay is also criticized for inciting employees to take dysfunctional decisions; as it acts as an inducement for employees to take greater risks which could put an organization’s survival at stake. Their pay may also lead to a conflict of interest for the employees by inducing them to focus exclusively on areas that impact; their pay and ignore other important tasks that may be in the long-term interest of the company.

    Performance-related pay might often suppress the intrinsic motivation of employees. Asserts that intrinsic motivation reflects employees’ passion and interest in work; which has a stronger impact on the performance of an employee and the business.

    Lastly, Maslow’s theory of motivation elucidates that within every individual; there is the hierarchy of five needs – basic physiological needs, safety needs, belongingness needs, esteem needs, and self-actualization needs. That the needs lower than the self-esteem needs can accomplish through remuneration definition; whereas the higher-level needs of esteem and self-actualization for the senior management are unlikely to achieve through extrinsic rewards, such as performance-related pay. Thus, it may not act as a motivational factor for the senior management.

    Profit-Sharing;

    In contemporary times, increased numbers of business organizations have started linking; the level of remuneration offered to the employees with the profits of the organization. Stock options are a common example of this type of remuneration. One of the key advantages of this remuneration policy deems to be the higher level of commitment by the employee towards the company because of an increased level of mutual interest.

    Advantages;

    Another common advantage of profit-sharing schemes deems to be a change in the attitude of workers due to an increased sense of belongingness with the company. Asserts that feeling of an increased sense of belongingness leads to intrinsic motivation; which has a more direct and stronger relationship with the company’s performance. However, Empirical evidence highlights a lack of evidence of a relationship between this type of remuneration and the performance of the company.

    Disadvantages;

    One of the key criticisms of this type of remuneration is that any improvement in the company’s performance will reward both good and bad performers, resulting in poor motivation for high performers; as they may feel that part of the reward that they deserve is being enjoyed by the low performers. Furthermore, sometimes profit-based remuneration policies might fail to motivate the employees; as they often feel share prices are undervalued despite business outperforming the forecasts.

    Lastly, Argues that shareholders expect the board to reward employees when the company has outperformed the market. However, empirical evidence highlights that for executives to exercise the option profitably; the performance of the company need not be superior and executives can easily benefit in times of the rising market. Thus, if employees feel that the movement in share prices is independent of their performance; there is a risk that a profit-based remuneration scheme may not act as a motivational factor.

    Piece Based Remuneration;

    A piece-based remuneration definition scheme is historically one of the most commonly used incentive schemes in practice for manual workers and is based on the number of items they produce or the number of hours worked by them. Typical examples of piece-based remuneration schemes include individual time-saving schemes, measured day work schemes, group incentives, plant-wide bonus schemes, and commissions.

    Advantages;

    Advantages of such schemes typically include an increased level of control by the management over the production process; and, it also acts as a cost-control measure because the workers’ main goal is to do the task expediently and efficiently to achieve the goal. Furthermore, Maslow’s theory of motivation (1943), as mentioned above, highlights that extrinsic rewards; such as piece-based remuneration, might act as a motivational factor for manual workers; because these workers are likely to have lower-level needs as per Maslow’s theory.

    Disadvantages;

    Like other types of remuneration, piece-based remuneration has its own set of disadvantages. Remuneration definitions such as group incentives and plant-wide bonus schemes lead to additional pressure on employees; and, create interpersonal animosities because of high performers not being able to receive the incentives due to some low performers in the group.

    Furthermore, time-saving schemes and measured day work schemes may act as a deterrent to creativity; as individual employees’ focus is on standardization and predictability to complete the work in the minimum possible time. Motivation hygiene theory suggests that job satisfaction and job dissatisfactions are two independent experiences. Whilst extrinsic rewards, such as piece-based remuneration, can help the manual workers to avoid job dissatisfaction; they might not lead to job satisfaction as the employees do not intrinsically motivate by the work itself.

    Skill Based Pay;

    This is a remuneration policy where employees remunerate based on the skills and competencies they possess.

    Advantages;

    One of the biggest advantages of skill-based remuneration definition is that it promotes employees to acquire multiple skills; thereby, offering flexibility to the organization in terms of using the same employees for various purposes and responding to customer needs more efficiently. Such remuneration schemes also enable organizations to attract and retain skilled employees easily compared to their competitors as people are likely to reward appropriately for the skills they possess under this scheme.

    Disadvantages;

    The potential disadvantage with this scheme is that costs often outweigh the benefits; if the increase in productivity is not enough to compensate for the increased cost of hiring and training skilled employees. As the business operates in a dynamic environment; there is a risk of skills obsolescence and associated high cost of training. Lastly, the business might also bear the risk of losing a skilled employee; on whom the business has invested a significant amount in training, to a competitor due to a highly competitive labor market.

    Flexible and Fringe Remuneration;

    Fringe benefits can define as the benefits in kind provided to the employees and have substantial growth in recent years. The value of the fringe benefits paid to the employees reflect approximately twenty to fifty percent of the remuneration; and typically includes benefits like pensions, company cars, sick pay, private health insurance, mobile phones, staff discounts, maternity or paternity pay, crèche facilities, and relocation expense amongst many others. Flexible benefits provide options to the employees to decide how their remuneration should structure.

    Under such schemes, the gross value of the remuneration definition package is determined by the employer; however, the employees have the flexibility to choose the mix of cash; and other benefits as a part of the remuneration package. Examples of flexible benefits include the option to choose between additional holidays, access to company crèche, childcare vouchers, or cash, amongst many others.

    Advantages;

    The advantages of flexible benefits include the potential of increased employee motivation as they end up getting the rewards they desire. Savings in social security taxes could also make through comprising the salary for the desired benefits that might attract a lower level of tax. Furthermore, research has highlighted that flexible remuneration programs contribute to attracting new employees, improving retention of existing employees, and improving employee engagement.

    Disadvantages;

    The primary disadvantage of flexible benefits remuneration schemes increased; the cost burden for the employer due to rising in the amount of administrative work related to managing the individual choices of employees. Another criticism of flexible remuneration policy is that the expensive company cars; and glamorous lifestyle provided to employees have contributed little towards developing long-term commitment towards the business organization and retention of employees.

    Empirical evidence highlights that the employees do not completely understand the value of the flexible benefits; and, there is little evidence of the positive motivational impact of these remuneration policies on the employees. Nonetheless, it does not indicate that employees do not value the presence of these benefits and are likely to resist their removal.

    Conclusion;

    Based on the discussions in the sections above, it is evident that each method of remunerating employees has certain advantages associated with it. However, Maslow’s theory of motivation and Herzberg’s hygiene factors, as discussed above, have highlighted a common issue across all forms of remuneration, i.e. the extent to which extrinsic rewards can contribute to motivating an individual employee, thereby, improving the company’s performance.

    Asserts that whether remuneration is performance-based, profit-based, or piece-based, it might motivate employees in the short run; but would not contribute to long-term commitment towards the company. Nonetheless, it is not deniable that remuneration plays an important role in influencing employees’ decisions regarding the long-term commitment towards the company.

    However, no one method of remuneration deem to recommend over another method; and a business might use a combination of methods to remunerate the employees according to the needs and motivations of the employees. Employees at lower levels might motivate by the prospects of better remuneration definition through different tools; however, for senior management self-esteem and self-actualization needs would need to satisfy to motivate them. Thus, rewards need to be carefully crafted to support one another and incorporate both financial and non-financial remuneration.

    What is the Meaning and Definition of Remuneration for unemployment with their 5 Methods Image
    What is the Meaning and Definition of Remuneration for unemployment with their 5 Methods? Image by Mohamed Hassan from Pixabay.

    References; Various Methods of Remunerating Employees. Retrieved from https://www.ukessays.com/essays/human-resources/various-methods-of-remunerating-employees.php?vref=1

  • 4 Life Insurance Types of Coverage Explained Finance Essay

    4 Life Insurance Types of Coverage Explained Finance Essay

    4 Life Insurance Types of Coverage, Advantages, Disadvantages, and Explained Finance Essay; This insurance is one of the most popular types of insurance that people purchase. Life insurance is insurance that you purchase and will pay money to your beneficiaries if you die. One of the main reasons why people purchase life insurance is to protect their families financially. Life insurance will help pay for burial costs, debt, mortgages, and any other income losses that will occur if someone dies. Life insurance pays for just like automotive insurance is. It can pay by a monthly, quarterly, or annual premium for as long as the policy goes for. There are several different types of life insurance coverage policies that people can purchase that will best suit their needs.

    Here is the article to explain, 4 Types of Life Insurance Coverage, Advantages, Disadvantages, and Explained Finance Essay;

    The main types are term life insurance, whole life insurance, variable life insurance, and universal life insurance. In this research paper, I will explain the advantages, disadvantages, time lengths, and how each of the types of life insurance coverage fits different people. It is very important to understand how these insurance companies calculate premiums for different people. Their main goal is to assess the risk of someone dying during the policy. Just like other types of insurance, the more risk you have, the higher your premium will be. Some of the factors that use to determine premiums are gender, age, occupation, height, weight, medical history, lifestyle, and if you smoke.

    Recently I had to do a project in class where you had to find different premiums on life insurance. Some other things that I was asked were if I recently had any DUIs if any relatives have died before the age of 60, if I have recently been hospitalized, and if any diseases run in my family. All of these factors do give the insurance companies a better understanding of someone’s risk, but it is nearly impossible to be able to determine the chances of someone passing away. It is also difficult to estimate the cost of each of the 4 different types of life insurance because it is different for every individual.

    Term life insurance;

    Term life insurance is very affordable, and that is why it is growing in popularity. It is a life insurance policy that covers a person if they die during the length of their insurance. Term life insurance policies can be anywhere from 1 to 30 years. These policies know as “temporary” because once the policies are over, you are no longer covered. For example, if you purchase a 10-year term life insurance policy, and you die the year after your policy expires, your beneficiaries won’t receive any money. This also means that if you stop paying your premiums, you will no longer cover.

    There are many different reasons how people decided on how long they want their life insurance policy to cover their family. A lot of people that purchase term life insurance decide to make their contract until they retire. Another popular way people decide on their term is to remain covered until their children have turned 18. This is a very smart way to ensure that your children will be financially protected until they are adults. Another good reason to purchase term life insurance is if you involve in risky or potentially fatal activities. Even though these factors will increase your premium, it is still worth it in case something terrible happens. The cost of term life insurance all depends on a person’s risk and the length of the policy.

    Types of Term Insurance;

    There are several different types of term life insurance coverage, and it is important to know the differences when selecting the best type. Annual renewable term life insurance means that each year a person may renew their term life insurance. However, each year you renew your term life insurance, the premium will go up in cost because of your age. Renewable term life insurance means that after your specific term is up; you allow signing a new term life insurance contract. Level premium term insurance means that your premium will not change throughout the length of the contract. This type of term insurance is good because as you get older, you don’t have to pay more money for your life insurance.

    Convertible term insurance means that you allow converting your term insurance into another type of life insurance, like universal or whole life. There are advantages and disadvantages to term life insurance. Some advantages are that you get to choose how long you want to cover for; most policies can change or renew to other policies, and your beneficiaries pay a specific amount upon your death; which decides when you start your policy. Some disadvantages are that if you pass away after your term life insurance policy, no benefits give to your family; and it doesn’t offer as much protection as other life insurance policies offer.

    Whole Life Insurance;

    Whole life insurance is exactly what it sounds like, a life insurance policy that lasts for someone’s whole life. Upon death, the beneficiary receives the value of the account. Whole life insurance is also known as permanent life insurance. The main difference between whole life and term life is that whole life insurance grows in value over time. Whole life insurance is similar to a retirement account where you are putting money toward the future, except in this case it is toward your death. An interesting fact about whole life insurance is that you can borrow money out of your account, which you cannot do with term insurance. To be able to borrow money out of your account, there must be a set minimum of money already invested into the account.

    Most whole life insurance policies mature when a person turns 100 years old, so if that person is still alive they will receive the face value of their account. The main reason why people choose whole life insurance over term life insurance is that they want to insure for the rest of their life. For this reason, whole life insurance is more expensive than term insurance. There are several different types of whole life insurance coverage. Non-participating whole life insurance means that you do not receive dividends for your policy. On the other hand, participating in whole life insurance means that you do receive dividends. Level premium whole life insurance is just like level term insurance, where you pay the same premium throughout the length of the policy.

    Why are you buy a whole life insurance?

    Purchasing a life insurance policy with a fixed premium is a great choice because once you retire; you wouldn’t want your premium to increase every year due to the loss in income. Single premium whole life insurance is a policy where you pay a large sum of money at the begging of your policy; which then eliminates having to pay premiums. This type of policy is not very popular the reason that you would need a lot of money upfront. Intermediate whole life insurance means that your premiums change over time depending on your status. In the past couple of years, a significant amount of people lost their homes because of adjustable mortgages, so I think that this type of whole life insurance is not a good choice.

    Some advantages of Whole life insurance are that they usually fixed premiums; the beneficiaries will receive money whenever the policyholder dies; there are tax benefits, and most of the money will return if the policy cancels. The money that accumulates in your policy is tax-free; which attracts a lot of people to purchase a whole life insurance policy over a term life insurance policy. Some disadvantages of whole life insurance are that it costly compare to term insurance; and, it is much more complicated than term life insurance. If you are interested in purchasing a whole life insurance policy; it is important to know which type it is so you know you will be able to afford it for the rest of your life.

    Universal Life Insurance;

    Universal life insurance is very similar to whole life insurance. A universal life insurance policy will cover someone for their whole life; so it also considers a permanent life insurance policy. Universal life insurance policies also grow in cash over time, which tax-defer. The interest rates increase and decrease like the money market; so there is a chance to make a lot of money in this type of life insurance. The main advantage that universal life insurance has over whole life insurance is that there is more flexibility in the policy. The cash value and the death benefits parts of your policy broke up; so a person can decide how much of their money will go in each part. The policyholder can also increase and decrease their premium depending on their situation.

    However, the insurance companies do have a target premium, so if you pay less than it, you may penalize. This type of life insurance policy would be best for someone who wanted to cover for the rest of their life and would want to be able to adjust their policy to suit their needs. Advantages of Universal life insurance are it is the most flexible, you can take out loans, you can adjust your premiums due to your situation, and the cash you earn in interest can use toward your payments. Some disadvantages are that your cash value isn’t guaranteed like it is with whole life insurance; and, it is more costly than term and universal life insurance policies.

    Variable Life Insurance;

    Variable life insurance is also considered a permanent type of life insurance. It is considered a “pure investment policy” because the insured has completed control of how their money is invested. They can decide to invest their cash account into bonds, stocks, or any other money market funds. For this reason, variable life insurance is the riskiest out of all the types of life insurance coverage. If a person makes poor investment choices, they risk losing a substantial amount of their money. On the other hand, if good investments make, the policyholder can receive a significant profit. Due to the risk of this type of life insurance, it is the most expensive one. This type of life insurance policy is only a good choice for people that understand the money market and will remain active in watching their investments.

    Benefits Advantages Drawbacks Disadvantages of Life Insurance Types of Coverage;

    Life insurance offers several advantages not available from any other financial instrument, yet it also has disadvantages.

    Benefits or Advantages of Life Insurance;

    • Life insurance provides an infusion of cash for dealing with the adverse financial consequences of the insured’s death.
    • Life insurance enjoys favorable tax treatment, unlike any other financial instrument. Policy loans are income tax-free.
    • A life insurance policy may exchange for another life insurance policy (or for an annuity) without incurring current taxation.
    • Many life insurance policies are exceptionally flexible in terms of adjusting to the policyholder’s needs. The death benefit may decrease at any time and the premiums may easily reduce, skip, or increase.
    • A cash value life insurance policy may be thought of as a tax-favored repository of easily accessible funds if the need arises; yet, the assets backing these funds are generally held in longer-term investments, thereby earning a higher return.

    Drawbacks or Disadvantages of Life Insurance;

    • Policyholders forego some current expenditure to pay policy premiums. Moreover, life insurance typically purchase for the benefit of others and usually only indirectly for the insured person.
    • Cash surrender values are usually less than the premiums paid in the first several policy years and sometimes a policy owner may not recover the premiums paid if the policy surrender.
    • The life insurance purchase decision and the positioning of the life insurance can be complex especially; if the insurance is for estate planning, business situations, or complex family situations.
    • The life insurance acquisition process can be annoying and perplexing (e.g. Is the life insurance agent trustworthy? Is this the right product and carrier? How can medical underwriting streamlined?).
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    References; Types of Life Insurance: Advantages and Disadvantages. Retrieved from https://www.ukessays.com/essays/business/life-insurance-will-pay-money-to-your-beneficiaries-if-you-die-business-essay.php?vref=1, and https://www.gatewayfinancial.biz/private-clients/advantages-disadvantages-of-life-insurance/