Monday, September 9, 2019
Assessment of Oman Air Essay Example | Topics and Well Written Essays - 2000 words
Assessment of Oman Air - Essay Example In addition, Oman Air fleets are up to date and well-organised competent aircrafts with superior quality of designed interiors. The company also introduced ultra modern and innovative technology based equipments in order to retain and enhance the safety of the customers and overall standards of its products along with services. In addition, Oman Air has attained significant achievements while executing its business operations globally. One of the major achievements of Oman Air lies in expanding its business operations around the world and also in attaining authorisation for preservation from some of the renowned bodies such as the Shell Aircraft (UK) and the Airclaims (UK) (Oman Air, 2012). Along with this significant achievement, Oman Airââ¬â¢s ââ¬ËSupply Chain Management Operation System and Proceduresââ¬â¢ was honoured with ââ¬Å"ISO 9001â⬠authorisation. This particular authorization is an internationally renowned standard for quality management ensuring that the o rganisations have proven their quality performances along with maintaining standards in order to comply with the different requirements of their customers (Oman Air, 2012). In the paper, the assessment of Oman Air has been made on the basis of various assessment tools that include McKinseyââ¬â¢s 7s framework, balanced scorecard system and SWOT analysis. Various recommended changes or modifications of certain aspects of Oman Air such as its organizational structure are proposed and also discussed in the paper. McKinseyââ¬â¢s 7s Framework According to McKinseyââ¬â¢s 7s framework, attempts are taken to create a kind of awareness of major factors that include staff, style, systems, structure, strategies, skills and finally shared values or goals, so that at the time of utilisation or execution of these factors will ultimately assist in the formation as well as help towards attaining the expected outcomes or objectives while executing business operations performed by a particula r business organisation (Witcher & Chau, 2010). In relation to McKinseyââ¬â¢s 7s framework, the structure factor is an important one that divides the assigned tasks and provides various activities for the maintenance of co-ordination among the employees. In order to maintain an adequate structure, Oman Air imparts training to its members or staffs in a well organised manner and thus by delivering proper and efficient training, the company maintains the co-ordination among their members or staffs. In relation to systems, the processes, procedures and methods ultimately make a business organisation to grow and expand. The systems of Oman Air include innovative aircraft manufacturing along with repairing services and also retain a high pattern of technical processes in the most effective as well as in professional manner (Oman Air, 2012). In context to style, the perception of top officials of the business eventually creates a brand image within the organisation. The ideas or the co ncepts that have been initialised by the board members and other senior management officials of Oman Air assisted the company to attain a brand image while executing its business operations globally. In regard to staffs, the activities or the performances of the members or the staffs plays a significant role in order to attain expected outcomes along with
Sunday, September 8, 2019
After Visiting Local Museum Essay Example | Topics and Well Written Essays - 750 words
After Visiting Local Museum - Essay Example Visiting the museum, I had two agendas, one was an academic agenda, while the other was having a good time in the place and getting to know more about different things about the Native Americans. What caught my attention most was the atmosphere of the museum. The outside of the museum was serene and extremely quiet. The compound was dotted with different types of trees and shrubs that gave the compound an anaesthetic look and feeling. Its paved walkways gave the museum a decent feeling and look, which was captivating to the visitors. There were different species of flowers planted in close intervals, with the well-trimmed glass surrounding its compound. The first instance, the place looked less of a museum, with the neat compound with the extra efforts extended towards making it a beautiful place to captivate the attention of the people and the visitors. The outside walls of the one storey building housing the museum were red, with large windows that let in adequate light into the interior of the museum. The architectural design of the museum was very similar to that of a learning institution. Its interior walls were coloured bright, making it brightly lit from the inside. The arrangement of the collection was appealing. The arrangement of the collection pieces were in accordance to their respective categories. The professionalism used in the arrangement and the labelling of the artefacts as well as cultural pieces was amazing. Not a single piece appeared mistakenly placed, as their descriptions matched with the categories placed in.
Saturday, September 7, 2019
Business law case Essay Example | Topics and Well Written Essays - 500 words - 3
Business law case - Essay Example The quasi-contract in this case definitely means that there has been a contract which is implied. Jennings implied through his written letter that he was going to keep the car till October 9th if Wheeler wanted to purchase it. The next question, since we have already established the fact that Jennings and Wheeler had a contract, is whether Jennings was in breach. We know that when someone is in breach of contract, basically they are not fulfilling their contractual obligations. This means that Wheeler has the ability to legally sue Jennings on the grounds that he was in breach of contract. It is important to understand that, since Jennings sold the car without Wheelerââ¬â¢s permission, and since Jennings had given the first priority to Wheeler, technically he had automatically been in breach. What is important to remember is that Jennings and Wheeler were in a quasi-contract, which means it was an implied contract. However, implied contracts are no less valid than explicit contracts. It was decided that Jennings was in breach, thus he could legally be sued by Wheeler if Wheeler desired to do
Friday, September 6, 2019
Is Aeneas pious Essay Example for Free
Is Aeneas pious Essay For many, Aeneas is the characterisation of piety: he honours his duty to the gods and his destiny, his duty to his family, to his people, community and to his fatherland and he adheres to stoic values. Arguably the most important aspect of piety is the adherence to his duty to the gods and his destiny, which I will discuss first. In book 1, Venus appears to her son, Aeneas in the guise of ââ¬Ëa Spartan girl out hunting, wearing the dress of a Spartan girl and carrying her weaponsââ¬â¢. Aeneas recognises that the girl is Augustus also deified Julius in the Lex Titia in 43 BC, which legalised the Second Triumvirate and marked the end of the Roman Republic. Augustus invoked the Lax Papia Poppaea in 9 AD to encourage marriage by making it more economically viable to be married and have children than to not. He also made adultery punishable by banishment by passing the Lex Iulia de Adulteriis Coercendis in 17 BC, and famously banished his only biological daughter, Julia the Elder in 2 BC. This encouraged family unity more than before, and encouraged fathers to stay with their wives and children, especially as there was an extra tax placed on unmarried men above the age of 30. Aeneas demonstrates an incredible sense of duty to his people, community and fatherland right from the beginning of the poem. After the storm induced by Juno and Aeolus, and Aeneas and his men are rescued by Neptune, who is furious that they were changing the natural pattern of his seas, without his permission. Aeneas thinks of his men first, and so, when he saw a herd of deer, he hunted, and killed ââ¬Ëseven huge carcasses (which he laid) on the ground, one for each of the shipsââ¬â¢. This demonstrates how he caters to their needs before his own. The household gods, which feature in book 2, are representative of the Trojan community, and so when Aeneas, ââ¬Ëfresh from all the fighting and killingââ¬â¢, refuses to touch them because of this, it demonstrates his reverence for the community. In book 4, he also shows consideration towards the community, but Didoââ¬â¢s community in Carthage. Mercury tells us how he ââ¬Ëcaught sight of Aeneas laying the foundations ofââ¬â¢ Carthage with Dido. This devotion to the wider community, even though it means that he is digressing from his destiny, is still demonstrating piety. Aeneas not only holds the Funeral Games in book 5 out of reverence for his father, but to also raise the morale of his men. Aeneas holds various races and matches which allow his men to be happy after the death of Dido, which they would have suspected happened, and also after the death of Anchises, and also of various men of the crew. Virgil represents Aeneas as having virtus, as he hides his true emotions inside, to protect his men. In book 1, Aeneas, although ââ¬Ëhe was sick with all his cares(;) he showed (his men) the face of hope and kept his misery deep in his heartââ¬â¢, which would have served to raise the morale of the men, if they knew their leader was not upset, they would be led by example. Augustus demonstrated his care for his community by giving 400 sercestes to each of ââ¬Ëthe Roman plebsââ¬â¢ in 44 BC out of his own money. He also ââ¬Ërestored the Capitol, and the theatre of Pompey, (â⬠¦) restored the channels of the aqueducts, (and) completed the Forum Julium and the bascilla between the temples of Castor and Saturnââ¬â¢ throughout his reign, up until 12 AD. Contrary to Aeneas and also Augustus, as Aeneas is a characterisation of Augustus, Mezentious is not pious in his care of his community and people. Virgil depicts him as a shocking leader and in book 8; the poet divulges how the leader devised a new form of torture ââ¬Ëwhereby living men were roped to dead bodies, typing them hand to hand and face to face, to die a lingering death oozing with putrefying fleshââ¬â¢. Mezentiusââ¬â¢ disdain for his men contrasts to Aeneasââ¬â¢ care and respect for his own men, and indeed of all men, as we see Aeneas rescues the Greek, forgotten by Odysseus (Ulixes) from the Cyclopses, which enhances our views of Aeneasââ¬â¢ piety in comparison to this horrific leader. Aeneasââ¬â¢ piety is often defined by how he demonstrates stoicism, and he does so throughout the poem. Stoics believed that the notion of fate must be respected and that no mortal man could, or should interfere with fate, as it is an inevitable force. The ability to endure what fate throws at you is also an important stoic trait, and one that Aeneas demonstrates again and again. In book 1, Aeneas leads his men through the storm started by Aeolus and Juno, until they are rescued by Neptune. He endures the storm, and motivates his men to trust in him after the storm, and this is primarily why he is such a good leader- because of his resolve and endurance, which also defines his pious nature. A key stoic belief is rationality of the universe, and features within Aeneas. Stoics believed that a rational, and of course, male mind is the best leader for any community, and this is the only way for a community to thrive- under one, rational, male leader. Coincidentally Augustus Caesar fits these criteria, and so, had to kill Anthony. Likewise Cleopatra, who Dido is modelled of, had to die- she was female and so was irrational, so was a bad leader, and this also explains why she was so passionate, because the stoic stereotype of a woman, is that they are passionate, emotional and irrational. The divide between men and women is formed from the prejudice that women are irrational, and the stereotype that men are automatically rational. Throughout the poem, we are presented with the juxtaposition of the irrational females, predominantly Dido and Juno, and the rationality of Aeneas and Jupiter. Jupiter controls fate, installing rationality upon the universe and Juno attempts to derail fate, preventing Aeneas from following his destiny, which, of course, does not work. The victory of Jupiterââ¬â¢s fate is shown by how Jupiter guides Aeneas, which demonstrates how the rationality of the male mind cannot be overthrown by an irrational female, even one who is a goddess. Virgil was rumoured to believe that love and hate were both redundant as they were both concept which wavered from the ââ¬Ëpathââ¬â¢ of fate, creating two opposites that were equally negative to a stoic. This perhaps explains why Virgil shows that the acceptance of fate and your destiny is the only way to achieve rationality. Virgilââ¬â¢s association with Augustus explains why women are portrayed as negative, because Augustus was inherently a stoic, and believed that women were irrational, and destined for dominating the domestic sphere, while men should dominate politics and war. Stoics were firm believers of the concept of ââ¬Ëmind over matterââ¬â¢, presented by the Trojan womenââ¬â¢s matter of flames, which are extinguished by the ââ¬Ëmindââ¬â¢ (or fate) when Aeneas has to set sail shortly after the Funeral Games. The poet presents his audience with fire for passion, desire and pain which all represent destruction. We learn from his epic poem that Virgil believes that these poisonous emotions will not succeed when faced with fate, as women are primarily linked with fire, as we see Juno frequently described as ââ¬Ëburning with passionââ¬â¢, and we also see Turnus described as ââ¬Ëburningââ¬â¢, importantly both effeminising him and scorning war. Aeneas often has to deal with the loss of his men so that he can achieve his destiny; one such victim of Aeneasââ¬â¢ fate is Creusa, who dies before they even leave Troy and another is Aeneasââ¬â¢ father, Anchises. He does more likely die of old age, although Aeneas still mourns his death. Aeneas must accept that there are casualties that must be endured if he can achieve his destiny. The father-son relationship was one that was influenced by stoic beliefs, as stoics believed that the father figure (pater patria) should always be obeyed as he is wise. At the beginning of the poem, Anchises is the pater patria, however once Anchises dies, Aeneas takes over as the pater patria. Aeneas shows his dedication to his father by symbolically carrying him on his shoulders out of Troy, prioritising him even over his only son. These definitions of piety are interlinked, and cannot exist without the others, however, sometimes we see that to fulfil one part of piety, Aeneas must ignore another, and so the rules of what defines a pious person are clearly not set in stone. Nevertheless, Aeneas is as good as a portrayal of a pious person there is, and he is a reflection of how Augustus wished to be viewed. Thus, we have to ask ourselves, as the Roman audience would have: Aeneas is undoubtedly pious and as pious as one man can, theoretically, be, but is he unachievably pious? And so, does this make him as much of a character of mythology as the monsters he encountered in hell, and because of this, I feel the important question is not: ââ¬Ëis Aeneas pious? ââ¬â¢ but is instead, why is he pious? If Aeneas was not pious, and was instead a mimic of Homerââ¬â¢s Odysseus, who is often represented as Aeneasââ¬â¢ antithesis, would there be any purpose in Virgilââ¬â¢s poem? No, there would not, and this is why Aeneas is shown as pious, and was believed to be the ideal man by the Romans, a mould for which to cast their own characters in and form themselves by.
Thursday, September 5, 2019
Controversial Nature Of The Subject Of Sufism Religion Essay
Controversial Nature Of The Subject Of Sufism Religion Essay Before tenth century there had been started a new emphasis began to develop within the religion of Islam. This emphasis was a reaction against the prevailing impersonal and formal nature of Islam. For many Muslims the sharia, while seen as necessary, failed to satisfy their deepest spiritual longings and desires. The search for deeper meaning led to the development of the popular mystical side of Islam known as tasawwuf or Sufism. The controversial nature of the subject of Sufism becomes evident when one realizes that this short introduction already reveals a viewpoint which the Sufi would strongly disagree with. For, if the Sufi spiritual quest is to be viewed as legitimate, even within Islam itself, it must be rooted in the Quran and the Sunna of Muhammad. (p.b.u.h) In defense of Sufi legitimacy, some Muslims argue that it was simply a response to the growing materialism in the Islamic world. However, this argument skirts the basic reason for Sufism, as during early Islamic times under Muhammads (p.b.u.h) leadership, wealth was enjoyed and served as a great motivation for the military expansion of Islam. Muslims, at the time, followed a legal system allowing unbridled materialism, though they were fully observant of the present religious doctrine. The formal and legal nature of the Islamic system never addressed the issue of materialism, and as a result was seen as inadequate by those who became Sufis in their search for deeper spirituality. Sufism has inclined many Muslims, and is, especially in the West, represent and regarded as a valuable and legitimate part of the Islamic faith. Fazlur Rahman, in his work Islam, says that considerable ink has been spent by modern scholarship on the origins of Sufism in Islam, as to how far it is genuinely Islamic and how far a product, in the face of Islam, of outside influences, particularly Christian and Gnostic. Rahman seems to hint that some of this ink has been wasted, as he concludes that outside influences must have played an accessory role and these no one may deny, but they must have supervened upon an initial native tendency. However, aside from a vague reference to the ideas of trust in and love of Allah as being a result of developments within the intellectual and spiritual life of the community, In reaction to critics, Sufis argue that tasawwuf has been present from the very initial stages of Islam, and profess to find evidence for their claims in the Sunna and the Quran. On this basis they state that tasawwuf is the batin aspect of Islam. According to Sufi principle a number of verses in the Quran provide clear support for their mysticism. Perhaps the most often quoted as a proof is Surah 24:35, Allah is the Light of Heaven and Earth! His light may be compared to a niche in which there is a lamp; the lamp is in a glass; the glass is just as if it were a glittering star kindled from a blessed olive tree, {which is} neither Eastern nor Western, whose oil will almost glow though the fire has never touched it. Light upon light, Allah guides anyone He wishes to His light. Sufism does throw in in the means of spirituality to the religion of Islam. Mounting out of the weakness of the Islamic system of faith and practice, it, however, added a aspect which has varied and further destabilized the structure of Islamic belief and practice. Reflecting on the authentication presented, and ending given, we see that to suppose Sufism, with its important concepts, is a rightful part of Islam introduces definite problems for anyone who then challenge to try to defend Islam as a logically consistent set of beliefs. For Sufism not only points to a lack of spirituality in Islam, but also contradicts orthodox Muslim teachings in the process clearly opening the door to all the worlds religions There have been a lot of aspects which should be discussed and reconsidered regarding this aspect of orthodox teachings of Islam, so I can write it is to be continued Reference Notes: Sufism, Reformed Internet Ministries Andrew Rippin, Muslims: Their Religious Beliefs and Practices (New York: Routledge, 1990), 118, 119, 120 Fazlur Rahman, Islam (London: Weidenfeld and Nicholson, 1966), 131, 148,149 Seyyed Hossein Nasr, Sufi Essays (London: George Allen and Unwin Ltd., 1972), 11-12, 15, 137, 138, 139, 147, 149 Tara Charan Rastogi, Islamic Mysticism Sufism (New Delhi: Sterling Publishers Private Ltd., 1982), 1.. Titus Burckhardt, An Introduction to Sufism (Wellingborough: The Aquarian Press, 1990), 15, 16 In Arabic Inna liLlahi wa-inna ilayhi raji un. Martin Lings, What Is Sufism? (London: George Allen Unwin Ltd., 1975), 28,32 Haqiqa refers to the inner Truth or inner Reality that Sufis believe is at the heart of Islamic revelation. William Stoddart, Sufism The Mystical Doctrines and Methods of Islam (New York: Paragon House Publishers, 1986), 41, 66,67,83,74 Eisegesis, or the practice of interpreting meaning into a passage, bears a striking resemblance to Sufi methods of Quranic interpretation. Orthodox Muslims opposed to Sufism argue that Sufi interpretations are indeed eisegesis in other words the Sufis are ascribing an inner meaning which the verses themselves do not contain. Fazlur Rahman in his work Islam states, the Sufis, in order to justify their stand, formulated (ie. verbally invented) statements, sometimes quite fanciful and historically completely fictitious, which they attributed to the Prophet. Rahman, 132,133,134.. J. Spencer Trimingham, The Sufi Orders in Islam (Oxford: The Clarendon Press, 1971), 246.. Rahman, 140. Other authors also agree with Rahmans position on this point. A.J. Arberry argues that Abu Hamid al-Ghazali brought about Sufisms reconciliation and assimilation with orthodox Sunni theology and religious law, through a number of writings consolidated in the Ihyaulum al-din, which was written between 1099 and 1102 A.D. A.J. Arberry, Sufism An Account of the Mystics of Islam (London: George Allen Unwin Ltd., 1950), 74. . Ibn al-Arabi (1165-1240 A.D.) was one of the great Sufi masters of all time and is referred to as The Greatest Shaikh (al-Shaykh al-Akbar). Muslim opinion has always been split about Ibn al-Arabi: for some he is a great heretic; for others, a great saint. Ian Richard Netton, A Popular Dictionary of Islam (London: Curzon Press, 1992), 110.. Elliot Miller, Sufis The Mystical Muslims, Forward (Spring/Summer 1986), 17-23.. Martin Lings, What is Sufism? (London: George Allen Unwin Ltd., 1975), 84, 85, 99.. Dara Shikoh (also spelled Shukuh) was a Sufi of the Qadiriyyah order and a devout Muslim according to Seyyed Hossein Nasr. Shukuh believed the Upanishads to be the Hidden Books to which the Quran refers (lvi. 77-80) and wrote that they contain the essence of unity and they are secrets which have to be kept hidden. Nasr states that it is enough to read Shukuhs translation of any of the Upanishads to realize that he was not only translating words into Persian but also ideas into the framework of Sufism. However, as usual Nasr follows up with a statement denying that this is an attempt to syncretize, once again revealing a blatant disregard for the evidence presented, not to mention a complete lack of logical thought. The members of one popular order (the Mawlawiyya) begun by Jalal ad-Din Rumi (d. 1273) are the origin of the Western term whirling dervishes John Alden Williams, ed., Islam (New York: George Brazillier, 1962), 155-156.. Idries Shah, Reflections Fables in the Sufi Tradition (Baltimore: Penguin Books, 1972), 1.; Miller, 20..
Employment Relations In France Economics Essay
Employment Relations In France Economics Essay Within Europe France is known for its exceptional employment relations. The French employment relations are characterised by rather low social dialogue and a great interventions of the state. This paper will closely look at the social actors and their role by putting emphasis on collective bargaining and its development since 1980s. The major trends with special attention to the Aubrey Laws will conclude the overview. France Overview With a current population of 64,7 million (INSEE, 2010), France belongs to the most modern countries in the world and to the leaders among European countries (CIA World Factbook). According to EIROnline (2007), French GDP growth, inflation, productivity growth, and the unemployment rate do not substantially differ from EU averages, as indicated in Table 1. Table 1 Facts Figures Source: EIROnline, 2007 The economy in France, which traditionally has been characterised by considerable government ownership and state intervention (dirigeisme), is shifting towards a market-driven economy (CIA World Factbook). Although the state is still present in sectors such as power, public transport, and telecommunication, it has privatised many large companies. With the era of rigueur (rigour) the government extensively distanced itself from economic intervention. Though dirigisme decreased, France is still typified as a state-dominated economy (Jenkins, 2000), especially in the labour market. The political environment in France has been characterised by volatility which changed with the inception of the Fifth Republic in 1958 (Goetschy and Jobert, 2004). From 1958 to 1981 the Right took the reins, while in 1981 the socialist dominance under Franà §ois Mitterrand took over which resulted in period of instability (Knapp and Wright, 2006, p. 254). Governments of the right and left experienced a rotative period, with a temporary cohabitation (Goetschy and Jobert, 2004). In 1995 Franà §ois Mitterrand turned over the reins to Jacques Chirac, a right president, who lasted till 2007. His successor, Nicolas Sarkozy from the right government is the current President of France. Employment Relations in France Employment relations in France are highly influenced by the demographics as well as the legal and political environment of the country (Cerdin and Peretti, 2001). According to the National Institute for Statistics and Economic Studies (INSEE, 2010), the employment rate for the working population in 2008 accounted for about 28 million, corresponding to 56,2 percent of employed people above 15 years. Whereas the unemployment rate in France amounted for 7,8 percent in 2008 which correspond to 2.1 million people. The young people (15 to 24 years-old) are representing the majority of the unemployed with about 19 percent (in 2008). Generally, the young people are most sensitive to the economic fluctuation of the employment market. The labour market participation rate of the 15 to 24-years old is declining due to the trend towards longer schooling (Goetschy and Jobert, 2004, p. 177). France has more women in work force than EU average (Brewster et al., 2004). The female labour market participation has risen from 37 percent in 1963 (Goetschy and Jobert, 2004, p. 176) to almost 52 percent in 2008 (INSEE, 2009). Within Europe, France is characterised by an increased age of the working population. While the proportion of the people between 20 and 59 years decreases, the population proportion of under 20-year-old and above 60-year-old grows. Two factors are responsible for this peculiarity the post-war population explosion as well as the collapse of the birth rate from 1930 to 1945 (Cerdin and Peretti, 2001). In 2008, 83 percent of the working population was between the ages of 25 and 54 (INSEE, 2009). These numbers can be explained by the delayed entrance of the young in the labour market and early retirement due to an increased early retirement policies since 1974 and the implementation of retirement at age 60 in 1982. Further distinctive characteristic of the French employment relations is its elitism. Barsoux and Lawrence (1997, p. 11) admit that France is a society characterised by a unitary elite. Complementary, Jackson (2002, p. 38) describes the educational system in France as being inegalitarian, discriminatory, and exclusive. The highest level of the education system is encompassed in the so-called grandes à ©coles. The grandes à ©coles, where managers are typically recruited from, typify an essential indication for a high potential which is regarded more important than the actual personal potential. Managers form part of a social elite, called cadre. Management itself is perceived more as a state of being in France and its development is related to the social and historical context (Beardwell and Claydon, 2007). The influence of the state on employment relations in France is considerable. EIROnline (2007) describes France as being known for its dirigiste type of economy or state-managed capitalism. Employment relation in France were not only influenced by the predominance of the state but also by the imbalance between labour characterised by more revolutionary socialists and employers being typified by paternalistic of reactionary views (Traxler and Huerner, 2007). Unions and Employee Representation Within Europe, France has two distinctive features: although it has the majority of trade unions, its membership rate is the lowest among the European countries (EUROnline, 2007; Ebbinghaus and Visser, 2000). Trade union coverage is higher in large enterprises than in small companies with highest coverage rate in the public sector. Sector or branch levels are the most common levels of trade union organisation (EIROnline, 2007). French trade union, other than union in rest of the European countries, do not offer collective services to its members, which partly may explain the low membership rate as well as the lack of need to benefit from a membership (Brewster et al., 2004). There are five major representative union confederations and employers are obliged to recognise them in case of at least one employee being an official representative of one of them (Scho, 2008). The five unions, which are considered representative at national level, regardless of the size of their membership, are summarised in the table below. Table 2 Trade Unions Source: EUROnline, 2007 All agreements met by the representative unions were for a long period considered legally effective. This fact permitted employers to legally implement an agreement even if it has been signed by just one minority union (Brewster et al., 2004). The Fillon Law of 2004 however widened the scope of this majority principle. French union show a further characteristic uncommon in Europe. Especially SMEs, who usually have no union representativeness, make use of the so-called mandating process. Introduced in October 1995 by a three-year national multi-sector agreement, the law especially aimed to encourage negotiations of small and non-union company agreements (Goetschy and Jobert, 2004). The purpose behind the involvement of non-representatives was to increase the typically low membership rate of French unions. For instance, about one-third of collective agreement accompanying the 35-hour-week law application were signed by mandated workers (Pedersini, 2010). Employees representation in French companies has rather a complex structure and is incorporated in several representative bodies at the enterprise level (Goetschy and Jobert, 2004). The four major players are: Table 2 Employee Representation Workforce delegates (dà ©là ©guà ©s du personnel) Workforce delegates are mandatory for companies with 10 or more employees. Elected by all employees, the delegates are representatives of employees for individual or collective concern to the management. Work council (comità © dentreprise) Work council is mandatory for companies with 50 or more employees. Elected by all employees and representatives of trade unions, the council has a consultative role about the decisions of the employer. Furthermore, it is concerns with allocating funds for social and cultural facilities for employees. Workplace Health and Safety committee (Comità © dHygià ¨ne, de Sà ©curità ©, et des Conditions de Travail) The committee is compulsory for all companies with more than 50 employees. It includes head of the company plus employee representatives and has a consultative role about working conditions. Trade union delegates Every representative union is given the right for a delegate in a company with at least 50 employees who besides representing their unions also represent employees. Source: Brewster et al, 2004 Federations of Employers Employer representation stands in sharp contrast to the employee representation. Indeed, three out of four employers are represented in an employer organisation (EUROnline, 2007). The major association is the MEDEF (Mouvement des Entreprises de France), former CNPF (Conseil National du Patronat Franà §ais). It has a multi-layered structure consisting of various sectoral and territorial organisations (Traxler and Huerner, 2007). MEDEF, founded in 1998, brings together all companies with at least 10 employees. Despite this official purpose, MEDEF also includes several smaller companies. It directly organises 87 federations that cover about 600 associations and 165 regional organisations (EUROnline, 2007). The membership in MEDEF is covered by about 750,000 companies and 15 million employees from all sectors except agriculture and certain service professions (Traxler and Huerner, 2007). The SMEs are represented by the CGPME (Confà ©dà ©ration gà ©nà ©rale du patronat des petites et moyennes entreprises), and self-employed artisans by the UPA (Union Professionnelle Artisanale) (EUROnline, 2007). The State The French state is not only a major player in employment relations but also plays an essential role as an employer. As already mentioned, despite some privatisations, the government still remains prevailing in some sectors. Furthermore, Ruysseveldt et al. (1995) stresses that French state is typified for having its intervention in employment relations which are typically subject of collective bargaining by incorporating these issues in law. The intervention of the state is for instance given through the requirement for company-level negotiations, legal extension of collective agreements, and determination of minimum wage. Therefore, almost 90 percent of employees are covered by agreements securing at least minimum standards, despite the low union membership and a decentralized bargaining system (Ebbinghaus, 2004). For instance, the minimum wage (SMIC), a cross-sector minimum wage, is defined by legislation, involving all employees. Collective bargaining is also used to set branch-level minimum wages which however, are usually lower than the SMIC (EIROnline, 2007). Finally, the French state played an important role in the development of French employment relations as demonstrated in the following chapters. Collective Bargaining and Employee Participation Collective agreement forms an important part of negotiations between the law and the individual work contracts. Within Europe, France distinguishes itself from other countries by not attributing collective agreement as a central element of employment relations (Traxler and Huerner, 2007). The characteristics of the bargaining system have been extensively shaped by successive pieces of legislation (Goetschy, 1998, p. 358) and thus intensive state intervention. Collective agreements face further obstacles. Traxler and Huerner (2007, p.126) point out that there is a lack of shared identity among the unions and the employees who do not feel bound by the decisions taken by the representative unions. Andolfatto and Labbà © (2006) observe a similar dilemma for the employers and the associations. According to Schmidt (2006, p.121) policies are designed without the systematic input from societal actors, but actors are subsequently accommodated in a rather flexible implementation process, oft en based on derogation from the law. The bargaining structure in France is pyramidal and statute law is decisive. After the abolishment of the favourability principle (principe de faveur), decentralised levels are given autonomy on certain issues as long as the law is respected (plancher legal) (Euronline, 2007). National-level agreements are less frequently used than lower level agreements. Company-levels negotiations gained on importance in the field of wages and working hours which was further encouraged by the Fillion Law (2004) and Aubrey Law (1998/2000/2002). Development since 1980s Before 1980s, employment relations in France were characterised by ideological confrontation between the revolutionary labour movement and collective bargaining-aversive employers (Hoang Ngoc and Lallement, 1994) and collective bargaining particularly took place on the industry level (Goetschy and Jobert, 2004). The 1980s brought a significant move towards decentralisation with a Socialists government that supported collective bargaining in terms of politics and laws. Throughout the 1980s various company-level institutions and practices evolved which enabled negotiation of economic reforms and which tried to limit private sector industrial conflicts (Howell, 2006). The reforms were accompanied by a state intervention that sought to support workplace flexibility negotiations. Although the state experienced varying governments (Left and Right), it pursued equal objectives which underlying strategy was to create legal obligations within companies to establish self-sustaining social dial ogues which again lead to a deregulation of the labour market. One of the major legislation pieces of the 1980s was the Auroux Report (1981) which contributed mainly to a higher involvement of employees into the company and sought to bring unions and companies closer together (Hoang Ngoc and Lallement, 1994). Focusing on collective bargaining as a keystone in the reform, Auroux created an obligations for employers and unions for regular negotiations at industry as well as company level (Eaton, 2000). This reform introduced more balance between the state and collective bargaining as it put more emphasis on bargaining than on the law itself (Goetschy and Jobert, 2004). In 1987 collective bargaining made further steps towards decentralisation. From then on company-level negotiations were freed from any linkage with a sectoral agreement, and annualisation and more flexible opening was allowed without reducing working hours. In the 1990s multi-industry bargaining gained on importance after its decline during the 70s and 80s. It was supported by government, as well as employers (by CNPF) and unions (by CFDT) who were aiming at a consensus approach towards the modernisation of French companies (Howell, 2006). Enormous emphasis of multi-industry bargaining was put on the training that became a mandatory part of collective bargaining (Goetschy and Jobert, 2004). Further significant issue throughout the 1990s was the restructuring of the employee representation within the enterprise. According to Howell (2006, p.169) French companies experienced transformations that had the effect of deepening and broadening the construction of a set of firm-level institutions that regularised social dialogue with largely non-union employee representatives. Worth mentioning is also the agreement on the articulation of bargaining levels and the possibility of negotiations in companies without union representatives (1995) which brought two main transformations for collective bargaining. First, the hierarchical level of the three bargaining levels (multi-industry, industry, company) became more complementary. Second, the absence of union delegate gave the elected employee representative and the employees mandated by unions the authority to sign company agreements. Again in 2000s employment relations development signalised the trend towards more decentralised collective bargaining and a state which exercised restraint in the social dialogue of the labour market. This intention was implemented through the Gà ©nisson Law (2001) which made bargaining on equality compulsory at company level (annually) and sectoral level (every three years) (Gregory and Milner, 2009). The 2003 Fillon law encouraged the move towards company-level negotiation about wages and reduced working time by accepting derogation agreements. In July 2008 new law on social democracy and working time reform set new measures for the representativeness of trade unions, especially by removing the irrefragable presumption of representativeness and making representativeness dependent on the results of the workplace elections (Boulon, 2008). Concluding, the last decades were characterised by various developments in French industrial relations. Despite frequent changes of government, France has experienced a high degree of consistency in the direction of employment relations reforms (Howell, 2006). High level collective bargaining shifted towards more decentralisation aiming more at the company-level while the labour market and workplace experienced greater flexibility. Nevertheless, these developments were not simply accompanied by the distancing of the state from industrial relations, leaving the field to labour and unions. On the contrary, providing the social actors with company-level bargaining and agreements, developments were initiated and controlled by the state. Self-sustaining bargaining never took place (Lallement and Mà ©riaux, 2003). Thus the state reforms were still shaping the areas of social relations. Finally, Jefferys (2003, p. 128) states the state remains at the heart of the organisation of relations between capital and French labour. Major Trends in Employment Relations The Aubrey Law France faced the most bargaining activity over working time reduction in the late 1990s and early 2000s, driven by legislation reducing the working week from 39 to 35 hours. The so-called Aubrey law, named after Martine Aubry (minister who introduced the legislation), was the sixth law in seventeen years which has an impact on the working time (Jefferys, 2000). The 35-hour week was the flagship policy of Socialist Jospins (1997-2002) plural-left coalition government (Hayden, 2006, p. 505). The main purpose of the law implicated the reduction of the working time from 39 to 35 hours by offering financial incentives to companies that used collective agreements for the creation and protection of jobs while reducing the working time (Jefferys, 2000). Using this law, the government also had the ambition to encourage the social partners to participate more actively in the law-making process (Jefferys, 2000). The legislation which began with a framework law in 1998 resulted in a three-steps process (Levy, 2006): the first law introduced in 1998 provided the terms for voluntary work time agreements; in 2000, a second Aubrey law made work time reduction mandatory for companies who failed to reach agreements employing 20 or more workers; the third law, for 2002, which aimed at extension of this legislation to smaller firms, failed when the Left was replaced by the new conservative government. First Aubrey Law (1998/1999) Aubrey I introduced a variety of ways for the reduction of working time, including annualisation of hours, extended vacation periods, and a shorter working week. The companies were given increased flexibility in the creation of work time with the essential requirement for collective bargaining (Supiot, 2001, p. 92). Social costs reliefs were promised to those companies that quickly negotiated the reduction in working hours and created or preserved jobs. Nevertheless, the collective agreements reached under Aubrey I proved that employers put special emphasis on the flexibility in work time reduction left to them rather than on the incentives linked to the implementation (Levy, 2006). The 1999 law addressed the issue of trade union representativeness (Jefferys, 2000). From then on the social costs reliefs were only made available to those agreements met by union representing the majority of the work-force. Minority agreements were only accepted if ratified by entire work-force referendum, nevertheless the benefits of the reduced charges were not forwarded to these agreements (Howell, 2006). Smaller firms that lack a representation of unions could benefit from the legislation through the mandating process allowing them to sign company-level agreements. Without the mandating procedure agreements became legal with the confirmation of a majority of employees and local labour-business commission. Second Aubrey Law (2000) On 19th of January 2000, the Aubrey II came into effect reducing the working week from 39 to 35 hours for all enterprises with more than 20 employees. Due to the high attention paid to the flexibility in the implementation of work-time reduction, the second law provided more innovations in this area still with the prerequisite of a collective agreement. The lack of collective agreement meant less flexibility in options for work time reduction. According to Howell (2006) without a collective agreement, the reduction in work time had to be on a monthly or weekly basis, but with an agreement there were a range of other options, including annualisation, a wage increase offset against overtime, additional days off and so on. (p. 148) The law therefore aimed at the encouragement of the dialogue between social partners. Work time reduction was completed on two levels. Before Aubrey II, company-level agreements were predominant, while after year 2000 branch-level agreements became more common. Outcomes The in beginning much discussed and controversial legislation has survived. Though when the Left gave over to the Right government in 2002, the extension for small firms planned in that year was blocked. Furthermore, certain adjustments like extension of the allowable overtime have been adopted. Various studies about the implementation of the laws, inter alia conducted by the Ministerial Office of Employment and Solidarity (completed mainly between 1998 and 1999), provided following results (Neumann, 2004): On the employee side, within a year on the first law, in 69 of the 180 bargaining sectors, at least one of the representative national union has signed framework agreements covering 8.3 million workers About 300.000 new jobs (out of 1,65 mio) were created which were assigned to the relaxation of the social costs and the reduction of working hours of the law By the implication of the legislation in September 2002, almost half of the employed people were influenced by the Aubrey law Critical evaluation The significance of the Audrey Laws does not lie in the actual reduction in the working time. Its essence are the wide-ranging consequences on the employment relations in France. For the Jospin government the law provided an opportunity to try to use the basic sympathy of the French electorate with the idea of shorter working hours to encourage the organised decentralisation of collective bargaining (Traxler 1994, p. 184-86). The laws abolished many constraints on temporal flexibility and shifted the emphasis of collective bargaining towards the company-level. Some of the various advantages provided by the Aubrey law affect collective bargaining and work reorganisation. The company-level collective bargaining was influenced tremendously by the legislation. While after 1998 the rate of agreements signed increased by estimated 15,000 per year, after 1999, when the law became mandatory, agreements number increased by 35,000 a year (Howell, 2006). The financial incentives provided by the Aubrey laws were attached the condition to agree on work time reduction by a collective bargaining. Consequently, this collective agreement offered more options and flexibility for work time reduction to the firms, thus leading to work reorganisation. Many experiments which were made in this area including recalculation of the work time, work shift, and adoption to the market requirements, proved to be advantageous for some companies. Additionally, annualisation became very popular supplying companies with enormous flexibility in the work time reductions. Despite these advantages the Aubrey laws was met with mingled feelings from the social actors. The legislation was considered an attack on entrepreneurs, a triumph of ideology over reason, and even economic suicide (Hayden, 2006). Still, with the change of the government in 2002 the legislation has not been abolished, although it experienced substantial criticism. Instead, the Right provided more relaxation and greater flexibility introduced by the Fillon Laws 2003 and 2004 indicating that the effects of the Aubrey laws were less harmful than illustrated by critics. On the contrary, a study conducted by IMF in November 2006 (Estevà £o and Sà ¡, 2006), indicated that the legislation appeared to have a rather negative effect as it failed to create more jobs and negatively influenced employers and employees as they tried to neutralise the laws effect on hours of work and monthly wages. The major concerns were raised by the employers. CNPF became MEDEF in October 1998 under the pressure from French firms for a more aggressive political position (Jefferys, 2000). One year later, in October 1999, a protest with 25000 people against the second law followed. In November, MEDEF threatened to pull out of the bipartite national unemployment benefit scheme if the government make use of UNEDIC (Union nationale interprofessionnelle pour lemploi dans lindustrie et le commerce) the National Union Interprofessional for Employment in Industry and Trade agency of the French government which provided unemployed people with social benefits, to subsidise state incentives to reduce working time (Jefferys, 2000). Additionally, by creating a financial disincentive in case of overtime, the 35-hour-week legislation forced employers to undergo a more fundamental reorganisation of work (Howell, 2006). From the employees perspective, the law could be viewed ambiguously as a liberator and job creator or as a mechanism for introducing asocial work schedules (Bouffartigue, 1997, p. 256). Tensions on the company-level were illustrated for instance by the Peugeot-Citroen strikes, when the Saturday was introduced as a compulsory working day. Additionally, concerns arose about the decrease in wage level, although employees were promised to not be disadvantaged regarding income reductions which was supported by the unions slogan 35 hours pays 39 (Estevà £o and Sà ¡, 2006). The question about the representativeness of those who signed the agreement also forms a part of criticism of the legislation. As mentioned several times, the mandating process can be used by all firms with a lack of union representativeness. The mandating process prevailed in the company-levels agreements (70% in 2001), predominantly by smaller companies (Howell, 2006). Nevertheless, this process failed to recruit more members to unions. Finally, the Aubrey laws can be considered to be an oxymoron. In times of globalisation and extensive pressures on firms to stay competitive, France is trying to improve its competitiveness and decrease unemployment by reducing the working time. The work-sharing logic did not fit in this time when the unemployment rate amounted to nearly 10 percent and an average full-time working week was almost 43 hours (INSEE, 2010). There arises the question what the government could have done better. After considering the development of the employment relations in France, the trend of decentralisation should be pursued more constantly. State intervention should be reduced to give the social partners the possibility to develop and implement own methods for the work time reduction as the legislation did not match appropriately the needs of all French companies. Especially, the smaller companies who suffered from the law and feared to lose their competitiveness, should be better integrated and left more power and flexibility to adopt the legislation. Therefore, although the employers were gradually given more flexibility it still was embedded in frameworks which convey an impression of regulated deregulation once again demonstrating the predominant position of the French state. Other Major Trends Collective Bargaining Reform One of the significant changes to the industrial relations system took place in 2004 with the implementation of the Fillon law. The law brought two major changes into collective bargaining. The favourability principle (principe de faveur), where agreements from lower and higher levels may deviate from each other if it more advantageous for the employees concerned, was relaxed for certain cases (e.g. working time) (OECD, 2005). The favourability principle has been retained for minimum wages, job classifications, supplementary social protection measures and multi-company and cross-sector vocational training funds (EIRR, 2006). The other change concerned the approval of agreements. Hitherto, an agreement has been valid even if it had been signed by only one trade union with representative status. The new law widened the scope of the majority principle, the application of which depends on the level of negotiations. Individual Right to Training in France In September 2003 a national cross-sectoral agreement on employees lifelong access to training was concluded, approved by all five representative unions (Vincent, 2003). The law promotes individual training rights for employees while putting its focus on sectoral negotiations. Labour Market Modernisation In January 2008, a step towards French flexicurity has been made by the agreement on the modernisation of the labour market. It provides more flexibility on issues like recruitment and termination of employment at the same time maintaining certain employee rights in term of termination (Lefresne, 2008). Conclusion In conclusion, employment relation in France can be described as developing towards decentralisation and more flexibility to the advantage of business and labour. Although, the state is taking distance from intervention in the economy, it remains the predominant character in the regulation of social relations.
Wednesday, September 4, 2019
Drug, Alcohol, and Tobacco Testing in Schools Essay -- essays research
ââ¬Å"Drugs, Alcohol, and Tobacco Testingâ⬠à à à à à The procedure of testing student for drugs, alcohol and tobacco before every school day should be allowed. The fact that the subject of drug testing has even been brought up is a sign that illegal substances have become troublesome in high school environments. Therefore, school officials should be allowed to use any means necessary to discourage the use of these illegal substances, even if it means that the school officials could become dangerously close to violating the studentsââ¬â¢ constitutional rights. A student under the influence of drugs or alcohol could endanger his or her fellow students or faculty and that student should not be allowed to attend that school. School officials must protect those who are at that school, so having a student whose actions are being controlled by illegal substances would not be the best way to protect the students and faculty. Students should be tested everyday for drugs, alcohol, and tobacco so that the students are healt hier, the students have better grades, and the students never start doings things that could have a negative impact on their future. à à à à à First, schools should be allowed to test students for illegal substances everyday so that the students are healthier. Drugs, alcohol and tobacco have all been proven to be very unhealthy to a person at any age, especially to a person in his or her teenage years when he or she is still growing. In...
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