Wednesday, December 11, 2019

Practice Notes on Termination of Employment Law

Question: Describe about the Practice Notes on Termination of Employment Law? Answer: Introduction It is important to follow discipline at a workplace for creating a healthy environment by filtering the behaviour of the employees by a set of rules and regulations, which the employees are compelled to follow. Rules and regulations on how an employee should behave in a workplace are necessary to make employees complete work on time, meet targets and create a healthy environment at work. Discipline in workplace can be in a form where higher management and supervisory personnel check and correct the bad behaviour of the employees and ensure that the employees follow the rules, which are set to maintain discipline at the workplace. The primary motive of having disciplinary rules at a workplace is to filter the behaviour of employees and not to punish. The Employment Act 2008 and the ACAS statutory code of practice on discipline are primary legislations, which govern disciplinary rules and procedure in the United Kingdom. For the Part 2 of this report, the company selected is Prestige Nursing and Care Agency. The primary purpose of this nursing and care agency is to support health providers and hospitals across United Kingdom, the best and highest standards of nursing care whenever needed throughout the day. The Prestige Nursing and Care Agency was started with an aim to provide trusted nursing care to government and private health care clinics and hospital on extremely short notice. The agency started its services in the year 2001 and is going strong since then in fulfilling its aim and purpose. In the United Kingdom, there are many labour laws, which govern disciplinary rules and procedures at a workplace. The primary legislations on the disciplinary procedures are found in the Employment Act 2008 and the ACAS statutory code of practice on discipline, which was issued under section 199 of the Trade Union and Labour Relations (Consolidation) Act 1992. The said Code came into force by an order passed by the Secretary of State on 11 March 2011 and replaced the code effective from 2009 (Guardiancich 2010). Most of the companies in the United Kingdom follow an implied term of disciplinary procedure mentioned in the employment contract, which the employee signs and acknowledge when he starts work with a particular company. However, even after having an implied term, every company has a specific code of conduct, which is essential for every employee to follow (Wilson and Game 2011). Companies set up a disciplinary code of conduct to create a healthy environment at their workplace. Certain practices or policies under the best management of disciplinary matter in a company are as follows:- The primary purpose of having a disciplinary policy is to promote fairness and transparency. This purpose can only be achieved when a company has written and specified rules for discipline and code of conduct (Cane 2011). The employees and managers of the company should participate in developing the rules, and everyone working in the company should be explained the rules and code of conduct properly with the help of disciplinary sessions and meetings. Whenever an employer takes any disciplinary action, the same must be executed with fairness and following a proper disciplinary procedure, which is to be followed by a systematic method. This method includes the following steps:- Employees should be provided with a detail of allegations, which he is charged with along with any evidence, which the company has in support of the employee's misconduct. It is unfair to fire any employee for the breach of his first disciplinary policy unless the misconduct is serious and gross in nature (Boyle 2011). Every employee has the option of filing for an appeal against his termination on misconduct as a ground (Deakin and Morris 2012). It is the duty of the employer and the management to first try to resolve a disciplinary situation or a misconduct of an employee by formal discussion and it is a pre-requisite before any formal disciplinary action is taken against the employee for misconduct However, if an employee is continuously involved in misconduct, he should be giving a verbal warning. Such verbal warnings are usually recorded by the management of the company but are ignored if the employee shows improvement of behaviour However, if the employee still continuous with misconduct, the company and its management can issue a written warning to the employee. However, after the first written warning, if the employer still feels that there is no improvement in the employee's behaviour, a final warning is issued to the employee. This warning is recorded, and the employee is on an check for 12 months before the said warning expires. An employer has all the rights to terminate an employee with immediate effect, in case of gross misconduct (Collins, Ewing and McColgan 2012). An employee can appeal against the dismissal order within five days from the time the said decision is communicated to the employee. As mentioned above, a disciplinary action can be of two different types, which is misconduct due to bad behaviour of an employee and misconduct due to poor performance. An employer sticks to capability procedure as mentioned under ACAS statutory code in case of an employee shows continuous poor performance failing to maintain the required standard needed by an employee in the concerned company (Davey and Dix 2011). The capability procedure is a little different from the procedure, mentioned above, but the essence of both the procedures is the same, being fairness. The capability procedure involves capability hearing where the employee who shows poor growth is heard and is sent to appropriate training to improve his efficiency. However, even after all the efforts to retain the employee, the company still feels performance of the employee is poor the employee is terminated. The employee has the right to appeal. The most significant challenge, which employees face while implementing disciplinary process in workplace, is the lack of a sound disciplinary policy. The foundation of having a well-executed disciplinary process is to have a written and precise disciplinary policy, which is explained well to the employees who should participate in forming the same which will motive the employees to comply with the process, and the policy in a better manner. Another challenge, which most workplaces suffer from, is poor communication between the top management and the managers, which in return effects the communication between the managers and employees. This problem can be resolved if the employer identifies which is the best communication technique to send clear messages to the employees of his workplace (Bowers 2012). Another challenge, which an employer faces while conducting disciplinary process, is to prove that the process followed by him was fair. As most cases are appealed, it also increases the cost for an employer, as he has to prove in front of an appropriate tribunal that the dismissal was based on fair grounds. In Bowater v Northwest London Hospitals NHS Trust, a nurse from a reputed agency was handling a man who was naked and unconscious, and the employer of the agency dismissed her on her misbehaviour and misconduct in handling the said patient. The tribunal stated that the dismissal was unfair, and the Appeal Court upheld the decision of the Tribunal stating that the nurse was not given the right to express her side of the story before dismissal. In another case Williams v Compair Maxam Ltd, the judge stated that proper disciplinary procedure including giving warning, consulting union, setting and following criteria and checking if the employee can be allotted another task instead of dismissal needs to be executed every time an employer decides to dismiss an employee. Therefore, an employer dismissing employees on personal preference is considered very unfair (Vandekerckhove and Lewis 2012). The Prestige Nursing and Care Agency is an agency, which provides well-trained and efficient nursing facilities to various governmental and private hospitals and clinics across the United Kingdom. The primary motive of the said agency is to provide nursing facilities at very short notice and 24/7 through the day. The agency was started in 2001 and is working strongly and efficiently since then in providing best nursing facilities in United Kingdom. However, for an agency to have growth to be the best in 10 years, the agency surely had well-trained and organised work policies. This includes a well-organised disciplinary policy, procedure and practice. The Prestige Nursing and Care Agency has a very sound and well-drafted disciplinary policy and process (Holman et al. 2012). The objective of the disciplinary policy and procedure of the Prestige Nursing and Care Agency is to ensure that the said policy and procedure is based on principles of fairness and transparency while dealing with disciplinary complaints following the appropriate employment and labour legislation made in the United Kingdom (Dismissal 2013). The principle of the said policy is that no employee in the agency will be terminated unless any misconduct is properly investigated and proven. No employee will be terminated on first incident of misconduct unless the misconduct is serious and gross in nature. The said misconduct can be in any form being poor performance or negligence or behaviour misconduct (Yeomans 2012). The disciplinary procedure, which the agency has adopted, is as follows:- Informal Discussion Before any formal action against an employees misconduct is taken, the misconduct situation is to be handled by informal discussion where a verbal warning can be given Procedural Steps The procedural steps start with an investigation into the misconduct. If the investigation is positive, the employee against whom the disciplinary procedure is carried for is notified via a written letter to appear in a meeting. At the meeting, the employee will be given a chance to explain himself and can be given a written warning or a poor performance notice. Final Warning: After the first written warning, if the employee has failed to show any improvement, he is issued with a final written warning. This warning is active for 6 months where the employee is constantly observed and the warning expires if no case of misconduct appears in those six months. Termination: However, despite the warning, if the employee continuous with poor performance or misconduct, the employer is permitted to terminate the employee. An employee has the right to appeal at any stage of the disciplinary process. Human Resources policies are a set of policies and rules on how a majority of issues and departments need o be handled in an organisation. The Human Resources policies state various principles, roles and rules that every manager and employee needs to comply with working in an organisation. The disciplinary process commences only when an employee is engaged in some behavioural misconduct or has constantly proven as a poor performer in an organisation. Therefore, many-a-times a significant problem, which an employer faces while implementing a disciplinary process, is rendering justification that the termination of an employee is based on the principle of fairness. Every Human Resources Policy, requires a company to establish an Equal Opportunity status for every employee irrespective of their age, colour, race, religion and sex. Therefore, the biggest challenge, which an employer faces, is to balance between the disciplinary processes keeping a check that the Human Resources Policies a re not being violated (Wells 2012). It is very often seen that employers tend to remove employees according to their personal preferences taking the advantage of the disciplinary process by proving poor performance. It is therefore, necessary to establish the fairness in the disciplinary action, which takes places in any agency. Usually, an employer wishes to promote his favourite or preferred employee, and decided to terminate a deserving employee, in such cases where the Human Resources policies of Equal Opportunity conflicts with the disciplinary procedures. Therefore, while conducting a disciplinary policy, the fairness of decision and a valid justification for dismissal is necessary. However, with the option of appeal available to the employees, the employers in the recent times have become more careful while conducting disciplinary procedures. The disciplinary procedures, therefore, need to be according to the Human Resources policies of the organisation and the appropriate employment legislation formed in the Un ited Kingdom (Dix and Barber 2015). In the case John-Charles v NHS Business Services Authority 2015 mentioned in the assignment, employer of an IT company was given written warning on January 2013. In a disciplinary proceeding conduct, he was given a warning when the manager conducting the proceeding learned that he was already given a written warning earlier. In my opinion, in the said case, the employee had to be explained properly on what grounds the first warning was issued. Unless an employer makes it clear what was the misconduct by an employee, warning or dismissal makes no sense. In the said case, the employer had to give the employee a warning followed by a chance to explain his case. If the employer knew why he was being dismissed, he could come up with a valid justification if any, which every individual deserves to be asked before any action is taken against him or her. This forms a basic principle of law of natural justice. In the given case, as the employee was not given a chance to explain his case as he lacked the knowledge of all the reasons, which contributed to the employers decision to dismiss him, the dismissal was unfair, the correct way would be stating all reasons, hearing the employee's justification and then deciding on dismissal, in case, the justification appeared to be unsatisfactory. Thus, by not following an appropriate process the dismissal in the said case was unfair as it conflicted with the rules of natural justice, which are essential to be followed in every case (Wilson and Game 2011). Conclusion Thus, it is essential for every company to adopt and follow a well-drafted disciplinary policy and procedure, which is complementing to the Human Resources Policies and the employment legislations. In addition, fairness is the key principle in implementing any disciplinary policy and procedure. Unless a disciplinary procedure is considered as fair, the dismissal of an employee will not be upheld, in case, the employee appeals against his dismissal. Recommendations In my opinion, every company must comply with employment legislations in the United Kingdom and formulate an appropriate disciplinary policy and procedure, keeping in mind that the policy is based on fairness and does not conflict with Human Resources policies. However, the concept of freedom of speech should be incorporated in the disciplinary procedure, which suggest that the employee who is being held for misconduct is given a chance to present his case and justify his situation. Reference List Bowers, J. ed., 2012.Practice Notes on Termination of Employment Law. Routledge. Boyle, S., 2011. United Kingdom (England).Health Systems Review. Copenhagen: WHO Regional Office for Europe. Cane, P., 2011.Administrative law. OUP Oxford. Collins, H., Ewing, K.D. and McColgan, A., 2012.Labour law. Cambridge University Press. Davey, B. and Dix, G., 2011. The Dispute Resolution Regulations two years on: the Acas experience.ACAS Paper,7(11). Deakin, S.F. and Morris, G.S., 2012.Labour law. Hart publishing. Dismissal, W.I.U., 2013 Dismissal. Dix, G. and Barber, S.B., 2015. The changing face of work: insights from Acas.Employee Relations,37(6), pp.670-682. Guardiancich, I., 2010. United Kingdom: current pension system; first assessment of reform outcomes and output.European Social Observatory, pp.1-9. Holman, D., Lamare, R., Grimshaw, D., Holdsworth, L. and Marchington, M., 2012. The Diffusion of GoodHR Practices Across the Supply Chain.ACAS research paperAdvisory Conciliation and Arbitration Service, London. Nairns, J., 2011.Employment Law Statutes 2011-2012. Routledge. Peters, J., 2012.A Straightforward Guide to Probate and the Law. Straightforward co Ltd. Vandekerckhove, W. and Lewis, D., 2012. The content of whistleblowing procedures: A critical review of recent official guidelines.Journal of Business Ethics,108(2), pp.253-264. Wells, A., 2012. Employment: A Revolution in Employment Law?.Business Law Review,33(11), pp.267-272. Wilson, D. and Game, C., 2011.Local government in the United Kingdom. Palgrave Macmillan. Yeomans, P., 2012. Law and ethics in primary care: belief issues.British Journal of Healthcare Assistants,6(10).

Wednesday, December 4, 2019

Medical School Personal Statement Examples

Medical School Personal Statement Examples Want to become a doctor or some other healthcare professional? Before you get to live your own version of Grey’s Anatomy, your school application has to be approved first. A standard document to submit with school application is a personal statement. Throughout two to three double-spaced pages your goal is to demonstrate why you’re an ideal student for some course and show the reason why you want to study medicine. Similarly to personal statement law school, even though everything is down to your passion, there are still many things to bear in mind. Scroll down to learn more about personal statements. Also, you can read school personal  statement example. Stuck on Your Personal Statement? Check out these example personal statement. Writing a medical school personal statement Personal statement for Graduate School  has the purpose to show whether a student can write in a coherent, clear manner that is grammatically and logically correct at the same time. Unfortunately nowadays students’ writing skills are assumed poor until proven otherwise. With a personal statement, you show the admission board your passion for the course but also writing skills. You can consider a personal statement as a sort of a three-dimensional portrait of yourself as a student who deserves to attend the specific educational institution and study medicine. The information you choose to include the statement sends signals about what is important to you and showcases your values. If you’ve ever seen law school personal statement examples, you probably realized those students used their personal experiences and connected them with the passion for law. You can do the same thing with a medical personal statement as well. Using your own experience as an example is encouraged and it always makes the paper more unique. After all, you’ve experienced it not someone else. In most cases, schools provide personal statement prompts and other criteria that students have to match. Don’t rely on provided instructions only. Instead, get informed and learn more about personal statement writing in order to create a high-quality content that will guarantee great results. How to start a personal statement? The beginning is always the hardest part. You have many ideas in your mind but it’s difficult to start with just one. Beginning with the personal statement should be interesting enough to catch the reader’s attention. Of course, this doesn’t mean you should use misleading information, sensationalist approach, or other tricks that only induce counterproductive effects. Instead, start your medical school personal statement by providing a useful insight into why you want to study medicine. You can break the ice with some anecdote or another story form your personal life and get to the point immediately. Personal statement format includes an introduction, body paragraphs where you develop the idea (of why you’re an ideal candidate for the course), and a brief conclusion. Always bear in mind that each paragraph represents one idea or a reason. When it comes to personal statements quality is what matters. This means that you shouldn’t strive to write as many pages as possible. Focus on making sure that content provides value. Before we move on to personal statement examples for medical school, here are some tips and tricks to remember: Avoid making the medical school personal statement resemble a resume. A common mistake is that students make their statements almost identical to the resumes. This is not the type of a paper where you rewrite everything and add more words to it Instead of robotic approach and generic writing, make the personal statement more personal by offering examples of your experiences. Show how these experiences shaped up your desire to study medicine Although you want to show the critical thinking skills, the personal statement is not the place where you should freely write about controversial topics and opinions. If you must include this type of topic, then make sure it doesn’t look preachy or dogmatic. You don’t want to be perceived as close-minded. Also, there is always a risk of losing a reader’s attention or support because they may not share the same political opinion. That’s why the wisest thing to do is to stay out of it While personal statement showcases your writing skills, strive to avoid poetic expressions. Remember, admission board is comprised of healthcare professionals and professors who value practical approach in all aspects of life Don’t apologize for bad grades from certain subjects and there is no reason to provide an in-depth explanation to your weaknesses. You may be compelled to do this, but try to resist the urge. Why? It’s simple; when you explain a bad grade from some subject you automatically make the reader focus on it. Instead, your personal statement should highlight all the strengths and it’s always better to write it in a positive tone Write multiple drafts, edit them, and go for the greatest value. If you can’t make up your mind, then ask someone to read them and give their opinion Now that you know how to write a personal statement, you’re ready to start. To simplify the process, I’m going to list a few medical school personal statement examples that you can use as a motivation source.   Or you can use our workshop!

Wednesday, November 27, 2019

Colgate In Argentina Essays (4334 words) - Oral Hygiene,

Colgate In Argentina Colgate was founded in the United States in 1806 and for the first 100 years, its business focus was only there. However, in the very early 1900's, the Company began a very aggressive expansion program that led to the establishment of Colgate operations throughout the world. Today, Colgate-Palmolive is a $9 billion company, marketing its products in over 200 countries and territories under such internationally recognized brand names as Colgate, Palmolive, Ajax, Fab, and Mennen as well as Hill's Science Diet and Hill's Prescription Diet. Colgate Total is considered the greatest evolution in toothpaste since the introduction of fluoride. This highly effective formula, containing fluoride and the antimicrobial ingredient, Triclosan, has been demonstrated clinically to help prevent gingivitis, plaque, cavities and tartar. And, its unique patented formula, containing the co-polymer, Gantrez, continues to be active between brushings. It continues to work fighting plaque, gingivitis, tartar and cavities after you stop brushing, even if you eat or drink. No other toothpaste manufactured in the US contains Triclosan or has been cleared to make claims for gingivitis and plaque reduction. Since the announcement of the FDA clearance of Colgate Total on July 14, 1997, retailers have expressed unprecedented enthusiasm and interest. Dr. Sigmund S. Socransky, Associate Professor of Oral Biology, Harvard School of Dental Medicine, and Senior Member of the Staff and Head, Departments of Microbiology and Periodontology, Forsyth Dental Center, said, "Colgate Total represents one of the most remarkable oral therapeutic achievements in the last 20 years." Colgate Total will benefit the oral health of all users. The most common non-contagious diseases are periodontal diseases such as gingivitis. In fact, 63% of Americans suffer from gingivitis. As the only toothpaste with this formula, Colgate Total will help Americans take greater care of their teeth and gums than ever before and will help younger people prevent these dental problems. Since Colgate Total was introduced internationally in 1992, over half a billion tubes have been purchased by millions of consumers in 103 countries. However, before permitting it to be marketed in the US, the FDA conducted an extensive review of data in Colgate's clinical tests. These included five major studies that supported the safety and efficacy of the toothpaste. Independent dental associations in 30 countries, including the American, Canadian and British Dental Associations, have awarded seals of acceptance to Colgate Total. Colgate Total will begin shipping to food, drug and mass merchandisers nationwide on December 15, 1997, and will have a suggested retail price of $2.49, $2.99 and $3.49 for 4.2, 6.0 and 7.8 ounce tubes, respectively. Colgate-Palmolive is a leading global consumer products company tightly focused on Oral Care, Personal Care, Household Care, Fabric Care and Pet Nutrition. In the U.S., Colgate sells its quality products under such nationally recognized brand names as Colgate, Palmolive, Mennen, Ajax, Irish Spring, Softsoap, Murphy Oil Soap, Ultra Brite, Baby Magic and Fab, as well as Hill's Science Diet and Hill's Prescription Diet pet foods. Executive summary Successful international marketers possess the ability to identify with and adapt to different cultural environments. International marketing requires that one actively anticipate the effects both foreign and domestic uncontrollable environments exert over the marketing mix, and then adequately adjust the marketing mix to minimize potential negative effects. Often times an international marketer's self-reference criterion impede his or her ability to accurately assess and properly respond to foreign operating environments. Rather than rely on their own self reliance criteria, international marketers must conduct far-reaching, comprehensive cultural and economic analyses of potential foreign markets in order to develop more effective and responsive marketing mixes that improve the success potential of their market-development strategies. Argentina certainly represents a viable market-development opportunity for Colgate Total toothpaste. U.S. companies intending to export to Argentina should consider economic, demographic, as well as cultural characteristics that differentiate it from other Latin American countries. Having the highest per capita gross domestic product and the second highest total gross domestic product and life expectancy in Latin America, as well as low rates of population increase and illiteracy rates, Argentina attracts many business opportunities. The population and economic activity are highly concentrated in the Greater Buenos Aires area. The population is largely of European descent and continues to have strong ethnic, cultural, as well as business ties with Europe. Consumer preferences tend to resemble more those of Europeans than those of other Latin America nationals. However, revenues are highly dependent on MERCOSUR trade, especially with Brazil, and the regional economic situation. In many sectors, European competitors of U.S. firms are already present in the market, and may be well entrenched. Nevertheless, the U.S. is Argentina's

Sunday, November 24, 2019

Essay on Procurement Methods Available in the Construction Industry of CyprusEssay Writing Service

Essay on Procurement Methods Available in the Construction Industry of CyprusEssay Writing Service Essay on Procurement Methods Available in the Construction Industry of Cyprus Essay on Procurement Methods Available in the Construction Industry of CyprusProcurement methods are crucial for the construction industry of Cyprus because they determine how the acquisition and ordering of properties or their elements of the buildings that are being constructed. In actuality, procurement methods influence the development of the company-customer relationships and, to a significant extent, influence the entire construction industry. The company-customer relationships are very important for the stable development of the construction industry of Cyprus. In such a situation, the construction industry of Cyprus depends on the development of procurement methods, which help construction companies and customers using their services to prevent conflicts and regulate relations between them. At the same time, the development of the construction industry raises the problem of the wide implementation of effective procurement methods because of the changing business environment a nd the integration of the construction industry of China into international business relations. In such a situation, procurement methods in the construction industry of Cyprus may change under the impact of changes in the business environment of Cyprus. Today, the procurement methods influence consistently the development of the construction industry of Cyprus because they determine the company-customer relationships and details of contracts constructors have to perform that makes it possible to forecast the development of the construction industry of Cyprus through the identification of the most popular procurement methods in the industry at the moment.TheoryProcurement is generally defined as the act of obtaining or buying goods or services. At the same time, procurement implies the establishment of business relations based on contracting between companies operating the construction industry and customers using their services. Procurement is essential for the development of the co nstruction industry and the effective performance of organisations operating in the industry because procurement determines the procedure of obtaining and buying goods and services. In this regard, procurement becomes an essential tool that determined the relationships between companies and customers. In such a situation, the choice of procurement methods may play the determinant part for the further development of the construction industry because the choice of the procurement method affects the development of relations between companies and customers and help to facilitate the interaction between them. At this point, it is worth mentioning the fact that that companies operating in the construction industry and their customers attempt to choose optimal procurement methods that facilitate their interaction and the delivery of goods and services from companies to customers. At the same time, companies operating in the construction industry have to adapt to current needs of customers, their expectations and wants.At the same time, different factors may influence the choice of the procurement method, among which it is possible to distinguish external and internal factors. The development of the construction industry depends on the impact of those factors because they affect procurement methods used by companies and customers in the construction industry of Cyprus. External factors may be as significant as internal ones and they both have a considerable impact on procurement methods and the impact on the construction industry at large.External factors relate mainly to the socioeconomic environment, where companies operating in the construction industry operate. In this regard, a particular consideration should be given to the potential impact of economic, commercial, technological, political, social and legal factors which influence the client and their business, and the project team during project’s lifecycle. For example, potential changes in interest rat es, changes in legislation and so on. Such changes influence policies of construction companies as well as procurement methods they choose. For instance, as a rule, companies choose the procurement method which allows them minimising the fiscal pressure on them and their customers.Client resources also have a considerable impact on procurement methods used by organisations. A client’s knowledge, the experience of the organisation with procuring building projects and the environment within which it operates will influence the procurement strategy adopted. Client objectives are influenced by the nature and culture of the organisation. The degree of client involvement in the project is a major consideration.Project characteristics can also have a considerable impact on the choice of the procurement method (Love Mohamed 1996). The size, complexity, location and uniqueness of the project should be considered as this will influence time, cost and risk. All these characteristics in fluence the supply of goods and services and, therefore, influence the procurement method. For instance, some locations are easier to reach than others. Naturally, construction companies set different requirements and price depending on the location. Special requirements of construction companies or their customers lead to the choice of the specific procurement method.The ability to make changes is anther important factor that affects the choice of the procurement method (Love, Gunasekaran Li 1998). Ideally the needs of the client should be identified in the early stages of the project (Dissanayaka 1998). This is not always possible. Changes in technology may result in changes being introduced to a project. Changes in scope invariably result in increase costs and time, especially they occur during construction. It is important at the outset of the project to consider the extent to which design can be completed and the possibility of changes occurring.Cost issues play an important p art in the choice of the procurement method because depending on the costs available to the construction company that the customer can spend on the particular project, the company and the customer elaborate the procurement method. For instance, in some cases customers can prepay goods and services supplied by the construction company, while in other cases, customers may pay for goods and services, when the construction has already started. An assessment for the need for price certainty by the client should be undertaken considering that there is a time delay from the initial estimate to when tenders are received (Rowlinson 1999). The extent to which design is complete will influence the cost at the time of tender. If price certainty is required, then design must be complete before construction commences and design changes avoided.The timing is one of the key factors that influence the choice of the procurement method. Most projects are required within a specific time frame. It is im portant that an adequate design time is allowed, particularly if design is required to be complete before construction. Assurances from the design team about the resources that are available for the project should be sought. Planning approvals can influence the progress of the project (Turner 1990). If early completion is a critical factor then design and construction activities can be overlapped so that construction can commence earlier on-site. Time and cost trade-offs should be evaluated.On the other hand, there are internal factors, such as human resources available to the construction company, the organisational culture and structure, and other factors that are characteristics of the construction company and that may affect the procurement method chosen by the organisation. Internal factors can affect consistently the choice of the procurement method because the company relies heavily on its human resources. If the company does not have professionals capable to carry out certai n procurement methods, then the organisation naturally focuses on procurement methods that are available to its professionals, which they can carry out successfully. Internal factors can affect the performance of the construction company preventing it from fulfilling its obligations, if the procurement method chosen by the company is wrong. For instance, if the company cannot maintain the productivity of its employees high, then the company will be unable to supply goods and services within short timeline.Applying the term procurement method to the construction industry, it is possible to define procurement as the acquisition or ordering of properties or their elements by customers, who order the construction of facilities from construction companies, while the latter are supposed to offer the specific procurement method that matches interests of the customer the best. In such a way, the choice of the procurement method is not just the choice of the construction company or customer individually but it is the choice made by the company and client through interaction and negotiations. The development of the construction industry relies on the use of efficient procurement methods which enhance the marketing performance of companies operating in the construction industry and stimulating the further progress of the construction industry.Key procurement methodsAt the moment, there are several key procurement methods that are particularly widely-spread in the construction industry of Cyprus, including general contracting; design and build; construction management; management contracting; private finance initiative; public-private partnership; framework contracting; and prime contracting. In fact, the variety of procurement methods that are currently applied to the construction industry of Cyprus are effective and help to develop effective marketing strategies but companies should make right choices to choose the most efficient marketing strategy and proper procuremen t method that matches needs of the company and its clients and allow the company to use the full potential of its resources.Traditional contractingTraditional contracting is the traditional procurement method applied to the construction industry. This method involves the constructor works according to a detailed plan provided by the investor. Traditional contracting involves three sub-types, such as lump sum, measurement and cost reimbursement. These three sub-types co-exist and may replace one another, when necessary. At the same time, companies choose the optimal type of the traditional contracting to maintain the effective marketing performance and to reach the high level of the customer satisfaction.Lump sum is the procurement which implies that the contractor undertakes to carry out a defined amount of work in return for an agreed sum. This can be a fixed amount not subject to recalculation, in which case there would be no opportunity for the employer to make variations. The su m is likely to be subject to limited fluctuations, usually to cover tax etc changes not foreseeable at the time of tendering. The sum may be subject to fluctuations in the cost of labour, plant and materials – the so called fluctuations provision. Recovery may be use of a formula, or by checking invoices (Love, Skitmore, Earl, 1998). In fact, lump sum involves the close interaction between construction companies and their customers, when customers pay for specific work companies have to perform for the agreed sum of money. The payment does not change significantly, in spite of the changes in the business environment or possible issues that may rise in the course of the construction.Lump sum contracts with quantities are priced on the basis of drawings and a firm bill of quantities. Items which cannot be accurately quantified can be recovered by an approximate quantity or a provisional sum, but these should be kept to a minimum. Lump sum contracts ‘without quantitiesâ⠂¬â„¢ are priced on the basis of drawings and another document. This may simply be a specification of a descriptive kind, in which case the lump sum will not be itemised, or one that is detailed to the extent that the contract sum is the total of the priceable items. The job might be more satisfactory described as a ‘Schedule of Works’, where the lump sum is the total of the priced items. In the latter cases, an itemised breakdown of the lump sum will be a useful basis for valuing additional work. Where only a lump sum is tendered, then a supporting ‘Schedule of Rates’ or a ‘Contract Sum Analysis’ will be needed from the tenderer. Tenders can be prepared on the basis of notional quantities, but they will need to be replaced by firm quantities if it is intended to enter into a ‘with quantities’ lump sum contract. In such a way, contractors have limited opportunities to change the sum the customer will have to pay, even if they confr ont substantial problems in the course of the implementation of the project and have to increase costs of the project. This is why companies have to create accurate plans and calculate all costs accurately to prevent unexpected costs that may put under the question the successful implementation of the project. In such a situation, companies should have well-developed forecasting potential to foresee possible challenges that may arise in the course of the construction and include those issues into their plans and costs of the construction.Measurement contracts are also referred to as ‘re-measurement contracts’. This is where the work which the contractor undertakes to do cannot for some good reason be accurately measured before tendering (Mortledge, Smith, Kashiwagi 2006). The presumption is that it has been substantially designed, and that reasonably accurate picture of the amount and quality of what is required is given to the tenderer. Probably the most effective mea surement contracts, involving least risk is to the employer, are those based on drawings’ with approximate quantities. Measurement contracts can also be based on drawings and a ‘Schedule of Rates’ or prices prepared by the employer for the tenderer to compete (Gordon 1994). This type of contract might be appropriate where there is not enough time to prepare even approximate quantities or where the quantity of work is very uncertain. Obviously the employer has to accept the risk involved in starting work with no accurate idea of the total cost, and generally this type of contract is best confined to small jobs. In such a way, companies prefer measurement contracts when small projects are involved. Measurement contracts allow them using costs efficiently and obtaining balanced profits.Cost reimbursement implies that the contractor undertakes to carry out an indeterminate amount of work on the basis that they are paid the prime or actual cost of labour, plant, and m aterials (Mortledge, Smith, Kashiwagi 2006). In addition, the contractor receives an agreed fee to cover management, overheads and profit. Hybrids of the cost reimbursement contracts include: cist plus percentage fee; cost-plus fixed pee; and cost-plus fluctuating fee. Cost-plus percentage fee is the method applied, when the fee charged is directly related to the prime cost (Smith Love 2001). It is usually a flat rate percentage, but it can also be on a sliding scale. However, the contractor has no real incentive to work at maximum efficiency, and this variant is only likely to be considered where the requirements are particularly indeterminate pre-contract. Cost-plus fixed fee –means that the fee to be charged is tendered by the contractor. This is appropriate provided that the amount and type of work is largely foreseeable (Mortledge, Smith, Kashiwagi 2006). The contractor has an incentive to work efficiently so as to remain within the agreed fee. Cost-plus fluctuating fee implies that the fee varies in proportion to the difference between the estimated cost and the actual prime cost. The assumption is that as the latter cost increases, the contractor’s supposed inefficiency will result in a fee which decreases. This approach depends upon there being a realistic chance of ascertaining the amount and type of work at tender stage (Smith, Love, Wyatt 2001). In such a way, customers cover the costs of the construction company spent on the labour force, the plant and materials used in the construction of the facility ordered by the customer. This method is effective and applied, when customers can cover the costs of the construction company and, as a rule, are in partnership with the constructor company.Essay on Procurement Methods Available in the Construction Industry of Cyprus part 2

Thursday, November 21, 2019

Theme Paper Research Example | Topics and Well Written Essays - 1250 words

Theme - Research Paper Example roles in the society that ultimately leads to the destruction of relationships within marriage and character’s personalities, who are not willing to accept what they have. Mathilde Loisel and Louise Mallard represent two characters that appear in similar conditions of dependence and inability to take control over their lives, although each in its specific way. Mathilde Loisel is miserable due to being stuck in a middle class, but being confident that she is worth more. â€Å"She suffered ceaselessly, feeling herself born for all the delicacies and all luxuries.† (de Maupassant ) This feeling of disappointment took all her thoughts and aspirations and she could not think of anything but that of being rich and know that other people envy her. â€Å"She thought of the long salons; of men - famous and sought after, whom all women envy and whose attention they all desire.† (de Maupassant ) However, in the reality, she could not expect that a man from the higher social class would marry her and, obviously, could not expect to improve her social status by personal efforts. Therefore, she became the wife of clerk and continued feeling pity for h er destiny. In general, her condition can be best characterized as being unhappy as a result of being stuck in a middle class. At the same time, Louise Mallard from â€Å"The Story of an Hour† also feels stuck and lives in restricted conditions, however, not due to her social status but due to the very fact of being married. For Louise, marriage became all her space in which she can function while the opportunities for being active outside of marriage are absent. Subsequently, she is oppressed by marriage that granted her limited set of roles and possibilities. â€Å"She was young, with a fair, calm face, whose lines bespoke repression.† (Chopin ) Therefore, the author explicitly explains that conditions in which Louise lives are not perceived as beneficial by the main character. Similarly to Mathilde, Louise is deprived of the

Wednesday, November 20, 2019

Death is a Social Construct Essay Example | Topics and Well Written Essays - 1000 words

Death is a Social Construct - Essay Example With death the bond between the spirit and the physical being is dissolved. As per the Webster's dictionary the "social constructs" can be stated as a social mechanism, phenomenon, or category created and developed by society; a perception of an individual, group, or idea that is constructed via cultural and/or social practice. Death is not a social construct in the literal sense as people do die whether the society wants them to or not. The rituals associated with death and the meaning that every group gives to this concept differs from society to society and culture to culture. This meaning is created and developed by the society and the religion that they practice. For example: Hindu's believe in seven lives, thus when a person in their community dies they believe that he will be reborn. On the other hand, Muslims believe in life after death not rebirth. Both religions have very different ways of tending to the dead; the Hindu's burn the dead while the Muslims bury them. From this we can see the way society and social constructs have affected the concept of death but not death itself. Death traditions take longer to change. The changes in the recent past have come from the grass roots. Phillipe Aries's classic The Hour of Our Death (1982) has categorized deaths evolution into five categories. Death used to be a part of every community, this was when communities were small and close knitted. The death rituals were personal as well as public but nowadays death has entered the invisible era. Here death is kept a secret and nobody talks about it, it is a taboo to mention it. In Phillipe's book the five eras of death mentioned are: tame death, death of self, remote and imminent death, death of the other and invisible death. The society we live in finds it necessary to anthropomorphize the death and project it categories and relations. Every religion has some degree of anthropomorphizing of the concept of death; just the intensity with which it is instilled in every religion differs. We find a need to rationalize the concept, to face reality and this is done from two basic sources: first is the anthropomorphic character, which is that we continue to exist even though somebody has died. The second source is the social institutions that make people face reality through the socialization process. They make them think logically and legitimately. Social institutions that control the concept of death can not loose sight of the biological being. The biology of an individual limits the reality constructing activities. The survivors blur the difference between the dead and the living especially when they have recently lost a loved one. An example to explain this would be that of the European peasant cultures feed ing the returning soul. This refers to the symbolic form of eating as the soul can not eat the same way a live person can. If this was to be the case than the soul would have to have some features which can enable this act, this is negated by experience. (Berta, 1960) In the article by Derek Edwards, Malcolm Ashmore and Jonathan Potter, death and furniture are represented as arguments which go against the relativism to extremes. Death has two versions, the bad version, which is focused on the misery and the tragedy associated with death. This version of death is directly linked to

Sunday, November 17, 2019

Illegal Immigration Essay Example | Topics and Well Written Essays - 1000 words - 1

Illegal Immigration - Essay Example The federal government, to no one’s surprise, has been no help. The fundamental reason for the flood of immigration from Latin America, specifically Mexico, is the disintegration of the Mexican economy predominantly resulting from free-trade strategies employed by the North American Free Trade Agreement and the International Monetary Fund (IMF). The rampant corruption within the Mexican government has also contributed significantly to the collapse of the Mexican economy. â€Å"Due to IMF policies regarding Mexico, its economic output dropped 33 percent in the past two decades† (Small, 2005). During this period, its foreign debt rose 359 percent because of widespread looting of the national coffers. These factors caused the â€Å"collapse of all areas of productive economic activity and employment, is the primary driver of the flood of emigrants desperate to leave Mexico, to find some livelihood for themselves and their families in the United States† (Small, 2005). Stopping immigration into the U.S. from Mexico would further cripple the Mexican economy as evidenced by data collected from the Gallup World Poll. â€Å"Thirty-two percent of Mexican respondents in the Dec., 2005 poll claim to have relatives living abroad, and 15percent of those say their households receive a monthly cash aid from such relatives.† (Rios, Crabtree, 2006) According to the poll, approximately five percent of Mexican households, about 20 million people, obtain financial aid from relatives who immigrated to the U.S. Ending this flow of this greatly needed money southward would be harmful for poor Mexican citizens living in depressed city and rural regions. Obviously Mexicans take immigration laws and American attitudes towards immigration personally, how could they not? They do not understand what harm illegal immigration causes for Americans. â€Å"Mexicans believe that migration benefits not only the home countries and the families of