Development of a Multinational Personnel Selection System

Mr Koch works as an expatriate in Hong Kong for ComInTec AG & Co. He was working for the company in the HR department for 17 years and since three years he is the HR director. One day he got the assignment to form a cross functional project team in the high profitable APAC States. The company strive to establish a new regional management level in Asia. A new personnel selection system had to be developed internally. In further consequence 25 middle management positions were expected to be filled the region. For the recruiting process the company hired own recruiters as well as head hunters.Furthermore, 90% of the new management positions were filled by individuals from the country they would be working. The process bases on three pillars: First, the application documents had to be analyzed. In a next step structured interviews were conducted by a HR specialist and a department representative. If both came to a positive conclusion, the candidate would come to an individual competence centre to point out his competences. The procedure was conducted by an external consulting company. Koch found some faults in the individual assessment centre for several years.To develop a new system, Koch formed a team of local and headquarters staff. Though the group was very heterogenic what implied some problems in the past. At the end of the process the situation escalated so that came under high time pressure, which was especially true for Koch. Recently he got a call from Koenig, the founder and owner of the company. Koenig is a little more accommodating person with precise expectations to his employees. He gave Koch an ultimatum to finalize the new recruiting system at the end of the week. So Koch had to relate the expectations of Koenig with the results and imaginations of his team in three days.Therefore Koch convened a meeting with the whole project team and a guest from the headquarter. In previous meetings there were some cultural misconceptions especially between the German and the Chinese. Especially Mueller had no sense for cultural differences in discussion situations. The meeting started 30 minutes later due to a long call of Koenig, so that Koch came to late and the pressure even became higher. He urged the group only to present results. At the beginning the Chinese colleagues introduced the topic of the diagnose dimensions and proposed their opinion to this. Mueller encountered in a very typical German behaviour.So the Chinese was intimidated by her German colleague. She signalled that she did not dare to say anything further. Mueller tried to question the approaches of the Chinese colleagues. So he disgruntles more and more the Chinese colleagues with the result that they back down more and more. The conference was getting more and more tense. Koch did not moderate the meeting very well. Sometimes he lost his patience and interrupted ongoing discussions and fixed a point very sudden. In other situations he gave no concrete feedback about the presented content especially referring the Chinese colleagues.He was obviously not very content with the Chinese approach to consider cultural differences in such a detailed way. In the further time of the meeting Mueller showed once more in a situation that he had no sense for a mutually respectful interaction. He referred to an objection by a German colleague as nonsense. He furthermore stressed that the professors from whom she learned that, had little idea of the reality. The German colleague left the meeting in tears. A Chinese colleague followed her with the intention of calming her down. This was when the meeting definitively failed.Koch interrupted the meeting and gave a final overview about the next working steps till Friday. He imposes the trainees to finalize the records very soon. Koch said that he will finalize any unresolved issue. Furthermore, he decided that he would make the decisions’ on resolved issues by himself and include them into the report. After Koch finalized the report and sent it to Koenig, he later received a short notice of Koenig. He informed him that important basic conditions and necessary adoptions had not been taken into considerations sufficiently in the new multinational personal selection system.Most of these conditions and adoptions were worked out very well by the group but not considered enough in his report due of the bad meeting climate, his lack of facilitation skills and his impatience. Koch neglected to create a positive climate and a sense for cultural differences in the further team meetings, when time was not getting so short. The result of all this was that Koenig had handed the case over to the global headquarters and that there would be staff related consequences for his department in Hong Kong. 2. What strengths and what shortcomings do you see in the newly developed multinational personnel selection system?Justify your answer. The new selection system contains less consideration of cultural back grounds. This leads to a better international comparability but not to a better job-fit. For instance, the unified procedure of analyzing the application documents can contain some problems. Each country has its own unique economic and education situations. Which would become problematic when creating an universal personnel selection system. Regarding to the following structured interviews unification should be considered. In my opinion there should be an international comparability.Furthermore, a good indicator is if the candidates meet basic requirements to work for an international company. A standardized system basically avoids high costs caused by special staff and infrastructure. But you have to be very carefully where you use standardized systems. For instance, if you use global standardized systems in a national competence centre you can fail. In the long run some other costs will rise because of not considering special cultural features (question 3). Therefore, especially i n the competence centres the cultural background should find enough consideration.I therefore support Dai Wei’s approach. He places an emphasis on the special cultural backgrounds of the candidates. Furthermore he wants to integrate translators into the assessment centres to entirely focus on the candidate’s profession. Summarized it is very important to consider the cultural differences also in the competence centres in the single country. But they have to focus on the professional and not on interpersonal competences in the competence centres. Regarding to this it is very important to deploy the right people in the competence centres.Referring to the feedback discussion I tend to the view of Mueller. While it is important to provide a good feedback to the candidates, but in view of the need of cost reduction I think the existing system suffice. Conclusion: A main weak point is the fact that most standardized personnel selection system ignore cultural differences and culture specific circumstances. 3. What long term implications do the weaknesses impose on the company? If the company don’t consider the cultural differences the company would have to challenge a high fluctuation in the APAC subsidiaries.Due that the recruiting costs will rise because of a worse job-fit rate. Furthermore, it would take a long time to run the APAC market well. This means high losses for short term and can lead to painful setbacks in the Asia-Pacific region. 4. If you were asked to consult with the project team, what would you recommend to them? Obvious team conflicts must be clear clarified by the team leader when they occur the first time. In the final meeting it is definitely too late. It makes sense to organize a workshop regarding to aspects of cultural differences in advance.At the beginning the team have to set common rules in dealing with each other, that are accepted by all participants, and to which the team leader can appeal for violations. Furtherm ore, the team leader should collect once a commitment by all in terms of the key points (and APAC headquarters). Subsequently he should try to find step by step a consensus on the future configuration of the modules and national priorities. So step by step, the new procedures are designed and prepared. In my opinion a professional project manager should accompany the process in case of such an important decision.This expert should also have special social skills and knowledge about the cultural features as well. Obviously Mr. Koch had a lack of such skills. CEO and CFO positions should be first fitted by expatriates of headquarter. Thus, they safeguard a good control over the subsidiary and a good communication with headquarter in the first years. All other positions should be fitted as good as possible with regional staff. If the subsidiary works well over some years and the regional staff meets all the requirements a regional occupation of CEO and CFO position could be conceivable .5. How would you describe Koch’s attitudes and behaviors? Koch had prejudices against Chinese colleagues and found it difficult to understand their culture. He was under immense pressure. It was very difficult for him to bring the necessary energy for the delicate situation. Although initially he tried to create a more open climate for discussion, but relatively soon he had to interrupt the discussion and had to try to fix the â€Å"hard facts†. He knew that he had to finalize the system until Friday. Finally, he acted similarly in the meeting as his boss.He also ignores cultural differences, with the result that the Chinese team members withdraw more and more. 6. What influences do Koch’s attitudes and behaviors have on the work atmosphere and coordination of his cross-cultural team? What would you recommend to improve the cross-cultural teamwork of this group? He lost the engagement of his Chinese colleagues because he did not show sensitivity to their cultur e. Furthermore, he ignored team conflicts and didn’t moderate the meeting well. He also allowed a relatively rough handling in the group.Subsequently this lead to the escalating (Goldmann leaves the room in tears). Without doing anything he continued in the agenda. As result he had not a team but some small coalitions they worked against each other. Furthermore he failed to gain control of Mueller. As outlined above, I would recommend organizing a workshop regarding to aspects of cultural differences in advance. It should be the first step in a team building process. Referring to the lack of social and cultural skills of Koch I would recommend to engage an extern expert for such a workshop.7. What influence does the relationship between Koch and Koenig and the organizational culture established by Koenig have over Koch’s behavior and the team’s collaboration? Koch knows so far very well how do deal with Koenig. He knows exactly what results he has to deliver and on which issues he has to stress on. But he is obviously overwhelmed with the cultural challenges in his group. So Koch passes the pressure of Koenig on the team. He fails to establish a productive atmosphere in the group and pressure the group to force a conclusion.Accordingly, it looks. He transfers the corporate culture without regard to losses on the team. 8. Would such a personnel selection system work in your organization? Why or why not? In my organization such a personnel selection system should work on a first view. But my organization is a public organization and solely active in Austria and in a broader context in the European Union and third every office recruits its own employees separately. Therefore, we have no international subsidiaries. But there are Regional Management Offices all over Europe.Every international regional management works independent from other countries and is under national control. The only common issue is that we have to cooperate transnational and have to comply with European specifications from Brussels. So we definitely do not have the same conditions like ComInTec AG & Co. Suppose that the entire personal selection will be done by an HR headquarter in Brussels a comparable system will not work at least. The employees in the national subsidiaries need to have a strong sense of the culture and a huge knowledge about special cultural norms and values.Furthermore, speaking countries’ specific language is much more important than even perfect English skills. For the first stations of the selection the system fits very well. Which consists primarily of viewing application documents. First problems may arise at telephone conferences if they will not be conducted in the candidates’ mother tongue. Latest in the competence centre the cultural background of the candidates must find maximum consideration. To cooperate and work with regional stakeholder best the managers must have a broad knowledge about the cultural features.

Advertising for Advocates

â€Å"A bar on advertising for Advocates in India under Advocates Act,1961 and Bar Council of India Rules† ANALYSED BY: MOSES PINTO 5TH YEAR LL. B. (HONS. ) ROLL NO. 512 ACADEMIC YEAR: 2012-13 PREFACE After the Second World War the International Economic Order which emerged, encouraged Free Trade in goods & services. India was a founder signatory to the General Agreement on Tariffs and Trade (GATT) since 1947, which led to the formation of WTO, on 1st  January 1995.This has led to a whole wide debate in India over the stringent laws governing code of ethics and morality of Legal Professionals on one hand and the WTO laws on the other hand. This debate revolves around major issues pertaining to the objectives of legal profession, consumerism, social justice, Indian commitment to WTO regime, competition law etc. Some professionals argue that the shift in trade nature of legal services shall hamper ‘professional ethics’ and concept of ‘justice to all’ .Some others say that the regulations imposed on the legal services sector are contrary to the goals and purpose of competition policy and Competition Act, 2002. At the heart of this controversy lies the issue of legal advertising. The lawyers in India are barred from advertising their profession considering the profession to be a noble one and such advertising to be derogatory to that profession. Advertisements are a forum for establishing the utility of goods and services. Further, it enhances and encourages competition in the relevant market by providing a forum for launching of new products.To cope up with the WTO laws and norms and looking at the current trend which has subjected legal profession to trade laws, it has become inevitable to allow the legal professionals to advertise and to rethink about the policy of law in India. People think whether this kind of ban based on age old norms is viable in this modern era. The debate of the hour in the Indian legal world is on why t he profession should have very strict curbs on promoting its services stemming from laws that originate from British thinking when the country from where it originates has itself done away with the curbs?In the view of the above background, I would like to discuss the laws banning the advertising for legal professionals in India and their implications, considering the position of such laws in other developed countries owing to the WTO norms. INDEX I. CHAPTER I: The Law on Legal Advertising in India * The law under Bar Council of India Rules; * The Judiciary on this rule II. CHAPTER II:  Law in other Countries * Position in U. K. * Position in U. S. * Position in other countries III. CHAPTER III: The Constitutional validity of Rule 36 IV.CHAPTER IV: Disadvantages of banning Legal Ads * Consumerism and Informed Choice * Advertisement on Internet * Other disadvantages * Need for regulating the advertising V. CONCLUSION. I. CHAPTER I: The Law on Legal Advertising in India After taking into account the recommendations of the Law Commission on the subject of Reform of Judicial Administration relating to the Bar and to legal education and to implement the recommendations of the All India Bar Committee made in 1953, the Indian Legislature came up with the Advocates Act, 1961.This act under the section 4 forms a Bar Council of India to regulate all the legal professionals and legal education in India. The Bar Council of India is the central institution for supervising and monitoring the growth and development of legal services and the functioning of advocates & related firms & corporations in India. Pursuant to the functions of Bar Council of India under section 7 and its power to make rules under section 49 of the said Act, it has enacted the Bar Council of India Rules which are binding on all the legal professionals in India. The law under Bar Council of India Rules There is a complete ban on advertising for lawyers in India. The Bar Council of India, pursuant to i ts functions mentioned under Section 7(1)(b)[9] of the Advocates Act read with its powers to make rules under Section 49(1)(c)[10] has framed Rule 36 of the Bar Council of India Rules under Section IV(Duty to Colleagues) of Chapter II(Standards of Professional Conduct and Etiquette) of Part IV(Rules Governing Advocates).Rule 36 reads as under: â€Å"An advocate shall not solicit work or advertise, either directly or indirectly, whether by circulars, advertisements, touts, personal communications, interviews not warranted by personal relations, furnishing or inspiring newspaper comments or producing his photographs to be published in connection with cases in which he has been engaged or concerned. His sign-board or name-plate should be of a reasonable size.The sign-board or name-plate or stationery should not indicate that he is or has been President or Member of a Bar Council or of any Association or that he has been associated with any person or organisation or with any particular cause or matter or that he specialises in any particular type of work or that he has been a Judge or an Advocate General. † Thus, it is against an advocate’s code of ethics to solicit or advertise work and amounts to a misconduct on the part of the advocate. Both direct and indirect advertising is prohibited.An advocate may not advertise his services through circulars, advertisements, touts, personal communication or interviews not warranted by personal relations. Similarly, the following forms of indirect advertising are prohibited: A. by issuing circulars or election manifestos by a lawyer with his name, profession and address printed on the manifestos, thereby appealing to the members of the profession practising in the lower courts who are in a position to recommend clients to counsel practising in the high court B. anvassing for votes by touring in the province or sending out his clerk or agents to the various districts, which must necessarily mean directly approa ching advocates practising in subordinate courts. Further, the signboard or nameplate displayed by an advocate should be of a reasonable size. It should not refer to details of an affiliated by the advocate i. e. that he is or has been president or member of a bar council or of any association, or he has been a Judge or an Advocate-General, or that he specialises in a particular kind of work, or hat he is or was associated with any person or organisation or with any particular cause or matter. Further advertising on internet is also prohibited. Bar Council of India, in a notice dated 21st October 1999, reaffirmed that such ‘advertisements’ on the Internet are considered an offence. It ordered all the legal Websites to be withdrawn immediately, under threat of legal action ranging from temporary suspension to permanent debarring of the lawyer from practice. The above rule has been vehemently enforced by the Bar Council of India, simply disregarding all the criticisms mad e against this archaic rule.Further, the words of Section IV of Chapter II of Part IV of Bar Council of India Rules are clear i. e. â€Å"Duty to colleagues†. This means that the another reason behind enactment of such a norm is to prevent the advocates, law firms, etc from enticing the clients of their adversary and to snatch away the business of their adversary. Such a law is also made in order to help the small and unknown advocates and firms to rise in the market and do business. The purpose behind it is to prevent a set of lawyers from taking unreasonable advantage.Also such a law prevents lawyers from falling below their dignity in order to fetch clients by doing anything and thus degrading the nature of the profession. * The Judiciary on this rule The courts have more or less agreed with the view of the Bar Council and have implemented the rule laid down by the Council pertaining to advertising. The Supreme Court of India observed in  Bar Council of India  v. M. V. Dhabolkar, that   â€Å"†¦.. the canons of ethics and propriety for the legal profession totally taboo conduct by way of soliciting, advertising, scrambling and other obnoxious practices†¦.   It further noted that  Ã¢â‚¬Å"Law is not a trade, not briefs, not merchandise, and so the heaven of commercial competition should not vulgarize the legal profession†. The Allahabad High Court  observed that self advertising tends to lower the dignity of this honourable profession and is undoubtedly akin to touting. The Bombay High Court in   Government Pleader  v. S, a Pleader considered sending a circular postcard merely giving the address and description as an improper conduct by the Advocate.The High Court of Madras went one step ahead in SK Naicker  v. Authorised Officer and held that even a sign board or a name-plate should be of a moderate size. It has been further observed that writing of articles for publication in newspapers under his signature, where th e writer describes himself as an Advocate practicing in the court as a flagrant breach of professional etiquette. Thus, legal advertising by far is a taboo in India and the courts have more or less approved and agreed with this rule framed by Bar Council of India.II. CHAPTER II:  Law in other Countries Legal advertising has been an important and widely used tool of communication in many common law countries and in most of the developed countries like US, UK, etc. It is used by the lawyers to promote their professional services. It is allowed in most of the countries with regulations regulating it as compared to India where it is completely banned. In these countries the regulation is done in order to avoid false, misleading & deceptive advertisements but advertisements displaying truth are allowed. The legal system is often a mystery, and we, its priests, preside over rituals baffling to everyday citizens. † – Henry Miller * Position in U. K. The provision banning adv ertisement adopted in India has its roots in Victorian notions of U. K. which considered each and every profession to be noble and stated that such a regulation is necessary in order to preserve the dignity and nobility of this profession. Earlier, in U. K. too advertising was banned for professionals like lawyers. But later this ban was lifted.The Monopolies and Mergers Commission in 1970 and the review given by the Office of Fair Trading in 1986 pointed out at the advantages of letting the professionals advertise and the benefits availed by from relaxing such norms. Ultimately the ban was lifted and the restrictions lowered and thus legal marketing and legal advertising became a reality in U. K. * Position in U. S. In U. S. the position was somewhat similar to that in India until 1977. There was a complete ban on advertising for legal professionals. This position took a complete U-turn after the decision of the U.S. Supreme Court on 27thJune 1977 in the case of   Bates  v. Sta te Bar of Arizona. The Supreme Court validated legal advertising and invalidated the law of State Bar of Arizona banning legal advertising by a majority of 5:4 holding such a law violative of First Constitutional Amendment. Prior to this case, the U. S. Supreme Court validated commercial advertisement and gave its scope in the 1942 case of Valentine  v. Chrestensen. Later in   Bigelow   v. Virginia   (1975) and in  Virginia State Board of Pharmacy  v. Virginia Citizens Consumer Council Inc. (1976) the U. S. S. C. nvalidated laws restraining ads marketing abortion services and ads showing prices of prescription drugs on the basis that they violated First Constitutional Amendment i. e. Freedom of Speech and Expression and held that  Ã¢â‚¬Å"the free flow of commercial information is indispensable. † All these decisions were adopted in the Bates’ judgment by the US SC and it was held that truthful legal advertising should not be prohibited as there is nothing wrong in it. The court invalidated in this appeal the law prohibiting legal advertising holding it to be violative of freedom of speech and expression guaranteed by the First Constitutional Amendment.Justice Blackmun argued that commercial speech does merit First Amendment protection given the important functions it serves in society, such as providing consumers with information about services and products, and helping to allocate resources in the American system of free-enterprise. The Court held that allowing attorneys to advertise would not harm the legal profession or the administration of justice, and, in fact, would supply consumers with valuable information about the availability and cost of legal services. But the states are allowed to regulate and monitor the advertising by advocates.This is evident from the later judgments of various state Supreme Courts which have upheld the laws regulating and restricting certain practices of legal advertising. * Position in other countr ies The position in other developed countries is also quite clear. Advertising is allowed in most of the countries. In France, though the law is not that liberal, it stands somewhere between Indian and U. K. position. There is not a complete ban on advertising. Also in Italy, the legal marketing has been legalized by the Bersani Decree of 2004 which was enforced in 2007.This has been true for most of the European countries like Germany, Spain, etc. Legal Advertising is a reality everywhere. Besides countries in the West, Asian countries such as Hong Kong, Singapore and Malaysia have been progressively relaxing their regulations on legal advertising to adapt to global demands. For instance, Malaysia’s Legal Profession (Publicity) Rules, passed in 2001 is a simple yet comprehensive code that regulates advertisements in legal and non-legal directories, controls publication of journals, magazines, brochures and newsletters by lawyers and interviews in electronic and print edia, b ars publicity through clients and even includes a rule that regulates lawyers sending greeting cards on special occasions. In Hong Kong, lawyers are forbidden from advertising on television, radio and cinema. Though advertising in print is permissible, larger firms prefer alternative strategies such as engaging in aggressive client and public relations programmes and branding exercises. Even in Singapore the legal advertisements are allowed with certain restrictions.Thus, it is clear that most of the countries have adopted a liberal policy towards legal advertising and has allowed it to meet the global demands and compete with the other countries. This has resulted only in advantages and benefits for those countries and no harm is done on the contrary. III. CHAPTER III: The Constitutional validity of Rule 36 The Rule 36 of Bar Council of India Rules, prohibit advocates from advertising. This Rule cannot be challenged with regards to A. 19(1)(a) i. e. reedom of speech and expression as done in US in the case of  Bates  v. Arizona State Bar, because of the decision of Indian Supreme Court in the case of  Hamdard Dawakhana  v. Union Of India. The Supreme Court came on to decide validity of law banning advertisement for the sale of certain medicines in this case against A. 19(1)(a) of Constitution of India. The Court held that: â€Å"An advertisement is no doubt a form of speech but its true character is reflected by the object for the promotion of which it is employed. It assumes the attributes and elements of the activity under Art. 9 (1) which it seeks to aid by bringing it to the notice of the public. When it takes the form of a commercial advertisement which has an element of trade-or commerce it no longer falls within the concept of freedom of speech for the object is not propagation of ideas – social political or economic or furtherance of literature or human thought;  but as in the present case the commendation of the efficacy, value and importance in treatment of particular diseases by certain drugs and medicines. In such a case, advertisement is a part of business even though as described by Mr.Munshi its creative part, and it was being used for the purpose of furthering the business of the petitioners and had no relationship with what may be called the essential concept of the freedom of speech. It cannot be said that the right to publish and distribute commercial advertisements advertising an individual’s personal business is a part of freedom of speech guaranteed by the Constitution. † In the view of the above decision, the commercial advertisement is not a part of freedom of speech and expression and thus ban on advertisement for advocates is justified to be falling within reasonable restriction as stated under A. 9(2). The only remedy left is to challenge its constitutional validity against A. 19(1)(g) i. e. freedom to carry on Trade, Profession or Business. Article 19 (1) (g) of the Constitution of India confers every citizen with the right to choose his own employment or to take up any trade or calling. This right is impregnated with an implied right for availing all the mechanisms and resources – including advertising – for effective carrying of the trade or occupation provided it doesn’t go against public interest.Any blanket bar on this right would be unreasonable when there is an option of constituting a specialized government body that would examine the content of the advertisement. The question that remains is whether legal profession falls under the category of trade or business so as to avail the above right? Even though the judiciary in the words of Justice Krishna Iyer, has held that Legal Profession is such a noble Profession that it cannot form a part of trade or business,   the recent trend of the courts is to justify this profession as a rade. Over the years, the courts have recognized ‘Legal Service’ as a ‘serviceâ €™ rendered to the consumers and have held that lawyers are accountable to the clients in the cases of deficiency of services. In the case of  Srinath  v. Union of India, the Madras High Court held that, in view of Sec. 3 of Consumer Protection Act, 1986 that Consumer redressal forums have jurisdiction to deal with claims against advocates. Sec. 2 (U) of the Competition Act, 2002 defines the term ‘Service’ along the lines of the Consumer Protection Act, 1986.Also the decision of Supreme Court in  Bangalore Water Supply and Sewerage Board  v. A. Rajappa,  holds that legal profession is covered under the definition of the term Industry under the Industrial Disputes Act, 1947. Further it should be noted that India is a part of WTO and is subjected to WTO laws and legal services are listed as a subsection of Business Services in WTO Services Sectoral Classification list. In the view of the above background, the fundamental right to advertise guaranteed under A . 19(1)(g) can be given to the legal professionals to promote their services.This right thus, can be taken away only by imposing a reasonable restriction under A. 19(6) of the Constitution The Supreme Court further observed that: â€Å"Unless it is shown that there is a reasonable relation of the provisions of the Act to the purpose in view, the right of freedom of occupation and business cannot be curtailed by it†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. the phrase ‘reasonable restriction’ connotes that the limitation imposed on a person in enjoyment of the right should not be arbitrary or of an excessive nature,  beyond what is required in the interests of the public. The word ‘reasonable’ implies intelligent are and deliberation, that is, the choice of a course which reason dictates. Legislation which arbitrarily or excessively invades the right cannot be said to contain the quality of reasonableness and unless it strikes a proper balance between the freedom guaranteed in Art. 19 (1) (g) and the social control permitted by cl. (6) of Art. 19, it must be held to be wanting in that quality. † Restrictions can be laid by regulating and monitoring the advertising but not completely banning it as it would be going beyond what is required as regulating the advertisement is sufficient in public interest.Presently a writ petition is pending before the Indian Supreme Court challenging this rule of Bar Council of India. The petition was filed by Mr. V. B. Joshi who is an advocate practicing in the Supreme Court. In the last hearing of this matter in September 2007, the Government agreed to relax this law a bit. The Government agreed to allow the lawyers advertise on their own website and to enter their name into online directories but all these to be done under a committee monitoring it. IV. CHAPTER IV: Disadvantages of banning Legal AdvertisementsGlobalization brought about a revolution in international trade with increasing participation and involve ment of countries The implication of the same on the legal service sector has been both quantitative and qualitative. The past decade has been mini-revolution in legal service sector with the greatest legal impact on corporate legal arena activities in project financing, intellectual property protection, environmental protection, competition law, corporate taxation, infrastructure contract, corporate governance and investment law were almost unknown before 90’s.Globalization has expanded the internal and external demand for legal services. Today trade in legal services is an inevitable fact and is at the same time significant for progressive development of legal profession in India in this era of Globalization. * Consumerism and Informed Choice In the age of consumerism and competition law, consumer’s right to free and fair competition is paramount and cannot be denied by any other consideration. Informed choice is one of the rights of a consumer. Ban on advertising le ads to depriving consumers of valuable information about the advocates.This has resulted in a situation where consumers cannot make an informed choice from the competitive market since information relating to the service is not available to them. Moreover restriction on professional firms on informing potential users on range of their services and potential causes further injury to the competition. The services available to consumers of India are only domestic legal service providers and consumers most often are left at the mercy of advocates and the system . Thus it is very detrimental as they cannot resort to any other service provider in absence of choice. Advertisement on Internet Looking at the recent trend of Globalization and India joining the WTO, it has become inevitable to let lawyers advertise to compete in the global market. Not allowing lawyers to advertise has resulted in Indian lawyers losing a lot of potential clients internationally. It is realized that in this era of cyber age instead of turning to the Yellow Pages, the public increasingly uses online search engines and other Internet tools to find needed goods and services and with the concepts of legal process outsourcing increasing, i. . to find cheap legal services, people from countries like UK and US and other developed countries search for such services online. But these searches results in not a single Indian attorney or advocate or a law firm as India bans advertising by them as compared to other neighboring Asian countries which allow it and hence a lot of potential clients are lost, in turn affecting the economy of India largely. Thus, India has lost lot of economic revenues and thus it would be beneficial for India’s economy to lift the ban on advertising for advocates.The Government has recently agreed on lifting it but only allowing the advocates to advertise on their own websites and in online legal directories. But no one knows when this will be implemented. * Other dis advantages The report of Monopolies and Mergers Commission in U. K. stated that restrictions on advertisement by professionals reduce the stimulus to efficiency, cost saving, innovation, new entry to professions and competition within the professions.Thus, new entrants who require to establish their name in the market in order to get clients, are deprived of doing so through advertising as this is the most simplest and easiest method to enter into a market. Also restrictions enhance the more undesirable effects of less open methods of self promotion. Also they could give a false image to a profession. Thus banning advertisement by lawyers is completely disadvantageous to the Indian society as a whole. * Need for regulating the advertising The need of the hour is to lift the total ban on advertising by advocates but not to completely let it free.It is required to be regulated. In case it is not monitored and regulated, then there would be lot of malpractices of misrepresentation, dec eptiveness and false advertisements which would affect the society and degrade the nobility of this profession. The U. K. ’s Monopolies and Merger Commission in its report stated that the restrictions on legal advertising should be lifted but the law must also provide that: 1. No advertisement, circular or other form of publicity used by the member should claim for his practice superiority in any respect over any or all of the practices of other members of the profession. . Such publicity should not contain any inaccuracies or misleading statements. 3. While advertisements, circulars and other publicity or methods of soliciting may†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. make clear the intention of the individual member to seek customers, they should not be of a character that could reasonably be regarded as likely to bring the profession into disrepute. Thus, it is required that the advertising by legal professionals be regulated in order to avoid instances of ambulance chasing, barra try, misrepresentation, etc. This kind of regulation is also permissible under A. 9(1)(6) of Constitution of India in the interests of public. V. CONCLUSION The ban on legal advertisements in India has not proved healthy so far for the Indian economy as well as Indian consumers. India has adopted WTO laws and a free market policy and thus accepting ‘trade’ facet of legal services would develop this profession qualitatively. The Raghvan Committee has summed up the effect of the existing regulatory system in professional services as â€Å".. the legislative restrictions in terms of law and self-regulation have the ombined effect of denying opportunities and growth of professional firms, restricting their desire and ability to compete globally, preventing the country from obtaining advantage of India’s considerable expertise and precluding consumers from opportunity of free and informed choice. † Time is ripe to break shackles of this overwhelming regulation subjecting legal profession away from modernity and banning it from advertising. India must remember its commitment to WTO for opening service sectors including, legal services, globally.Thus all the regulations have to be in conformity with competition policy and the Act. Hence, there is a craving need to lift this ban and to form rules and policy to monitor and regulate legal advertising. A committee could be formed to ensure compliance but laying blanket ban on legal advertising would hamper development and growth of India. BIBLIOGRAPHY Articles, Websites, Reports and others: 1)  Ã‚  Abhibav Kumar, â€Å"Lawyers must be allowed to advertise†, at http://news. indlaw. com/guest/columns/default. asp? abhinav (last visited on 25th November, 2007). 2)  Ã‚  Anubha Charan, â€Å"Is it unethical for lawyers to put up their own Website? , October 15, 2001, at http://www. rediff. com/search/2001/oct/15law. htm (last visited on 24th November, 2007). 3)  Ã‚  Bar Council Entry o f Foreign Lawyers in India, August 30, 2003 at http://www. news . indiainfo. com/ (last visited on 22nd November, 2007). 4)  Ã‚  Bhadra Sinha, â€Å"Lawyers may be allowed web ads†, September 19, 2007, at www. hindustantimes. com (last visited on 20th November 2007). Also see Supra note 6. 5)  Ã‚  Cyber Search – What Does Search Engine Marketing Mean For Solicitors? , at http://www. samsonconsulting. co. uk/legal-marketing-article-cyber-search. htm (last visited on November 25, 2007). )  Ã‚  David L. Hudson, â€Å"Bates participants reflect on landmark case†, at http://www. firstamendmentcenter. org/analysis. aspx? id=14394 (Last visited on 22nd November, 2007) 7)  Ã‚  http:// en. wikipedia. org/Legal_Advertising (last visited on 22nd November 2007). 8)  Ã‚  Lawyer can’t be blamed if his name appears in print, says Punjab A-G, May 25, 1999, at http://www. indianexpress. com/res/web/pIe/ie/daily/19990525/ige25114. html (last visited on 18th Novem ber 2007). 9)  Ã‚  Legal Websites, A World Wide Web Of Opportunies, at http://www. samsonconsulting. co. uk/legal-marketing-article-solicitors-websites. tm (last visited on 22nd November, 2007). 10)  Ã‚  Malathi Nayak, India  debates letting lawyers advertise, at http://www. livemint. com/2007/10/21235346/India-debates-letting-lawyers. html (last visited on 25th November, 2007). 11)  Rajiv Dutta, â€Å"World Trade Organization and Legal Services: The Indian Scenario†, at www. insolindia. com/shimlaPDFs/worldTradeOrg. pdf (last visited on 23rd November, 2007). 12)  Report on Trade in Legal Services, â€Å"Trade in Services: Opportunities and Constraints†, Ministry of Commerce, Government of India, Executed by Indian Council for Research in Economic Relations, Coordinator(s) N.L. Mitra and T. C. A Anand. 13)  Ã‚  Singh  Lalithakumar I. , â€Å"A View on Legal Profession†, AIR 2006 (Jour. ) 1. 14)  Ã‚  Statement of Objects and Reasons, The Advocates Act, 1961. 15)   Ã‚  Swapnil Joshi, â€Å"Changing Face Of The Legal Profession In India In The Era Of Globalization†, at http://www. legalserviceindia. com/articles/lprof. htm (last visited on 25th November, 2007). 16)  V K Aggarwal, â€Å"Professional Advertising: A comparative analysis in the changing milieu†, 7th National Conference of Practising Company Secretaries. 7)  World Bank Report on Emerging Service Sector, 1999 quoted in The Raghvan Committee Report on Competition Law, 2000. 18)  www. legalmarketing. it (official legal marketing Italia website, last visited on 24th November 2007). Dictionaries: 1)  H. Black, Black’s Law Dictionary (5th ed. , St Paul: West Publishing Co. , 1979) 1059. 2)  Ã‚  The Concise Oxford Thesaurus compiled by Kirkpatrick Betty; Oxford University Press. 3)  Webster’s New English Dictionary; Black Dog & Leventhal Publishers Inc, 2nd Edn 1995.

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The European Union in International Commercial Negotiations Essay Example for Free

The European Union in International Commercial Negotiations Essay Commercial negotiation is negotiation in the context of a business setting such that it involves the management of commercial activities that includes contract negotiation and project management with the sole intention of making maximum returns from the same. This process allows for the development and creation of new business opportunities CITATION Bea00 l 1033 ( Beasor Steele, 2000). The job description of commercial negotiators includes an overviewing role in the whole sales process and to some extend responsible for the implementation of a detailed business sales plan. The overall role is to make sure they retrieve the best deal out of any business opportunity. It is therefore important for a commercial negotiator to have a grasp of the customers’ business needs in order to offer the required products and services demanded by the consumer. Commercial negotiation entails the following vital functions. Conducting market research of the different products by the business, analysis of data from the sale activities of a business, provision of financial reports to the senior management of the business and also to the different stakeholders of the enterprise. Another function is the identification of new opportunities for the business, commercial negotiation also includes reviewing and assessing opportunities for new businesses. Commercial negotiators play a critical role in the maximization of the revenue from the business. Commercial negotiation thus requires one to have the necessary skills to excel in the field. One needs to have great interpersonal skills that will enable them to easily interact with people. This is important in order to win and sell ideas to the people one interacts without stepping outside one mandate. Procedural and communication skills are necessary for commercial negotiators because of the constant flow of information from team members. One should also be accommodative of other team member’s opinions that are different from dependable as a commercial negotiator. Commercial negotiators play a pivotal role in the success of any business. A successful commercial negotiator brings together control elements and definitions and operates them efficiently. This means that a successful commercial negotiator will apply leadership skills already applied in the departmental running. The role of a commercial negotiator is to blend responsibilities related to project execution, planni ng, monitoring and achievement of the desired goals. For someone to be a successful manager they should have demonstrated ability to lead others and organize work CITATION Gat11 l 1033 (Gates, 2011). A commercial negotiator needs to have contact with other required resources. For projects that need coordination between divisions and departments, a commercial negotiator with contacts outside a single department is required. An aspiring commercial negotiator should ensure and develop contacts within the organizations departments to help run a project successfully. They should also be able to coordinate a diverse pool of resources. This would be achieved by working with different people from different backgrounds and disciplines. As an aspiring commercial negotiator, one should be able to supervise and delegate work in areas alien to their background. All this is possible by having a close rapport and teamwork. Procedural and communication skills. This is because of the constant flow of information from team members. One should also be accommodative of other team member’s opinions that are different from dependable as a commercial negotiator. Commercial negotiation skills and techniques in the western world (European Union) and China For one to do business abroad he has to understand the various cultures and practices that are accepted in the process of commercial negotiation. Before travelling to the European Union one has to consider the required etiquette that is observed and required in the meetings, negotiations and business protocol. Europeans are known to be humorless, stubborn, and aggressive they also pay attention to details. A successful business has to understand the cross cultural aspects to present the right etiquette. The Europeans are strictly formal while doing business and according to them it’s wrong to swap jokes or have informal chats when working. Europe is a significant trade partner for many states. Learning to do business in Europe and understanding their business practices, culture and etiquette improves skills and success of international business men CITATION Meu05 l 1033 ( Meunier, 2005).The first aspect of etiquette in Europe’s business spheres is Organization. They are usually uneasy with ambiguity and disorder. They lean towards conservatism and conformism they don’t like uncertainty so one has to have first-hand information and facts at hand. When doing business in Europe, one has to emphasize on careful planning. One has to consult and get a consensus before presenting his idea and opinions. European commercial negotiations appreciate statistics, facts and details and there is no room for mistakes and omissions. To observe business etiquette one has to avert risk and negate uncertainty. The stress on conformity and fear of risk makes them apprehensive and they guarantee security through risk analysis. This is ensured by keen deliberation and scrutiny based on factual evidence and not intuition. They prefer written documentation as it is the safest and objective for analysis. In communication the Chinese mind their privacy and they usually divide their private and public life. While communicating one has to be formal and stick to official duty. They don’t talk about their private lives as they are protective of personal issues. They prefer their communication to be short direct and straight to the point. They consider emotions unnecessary in conversations at the work place.They don’t talk out of context as they only stick to the issue at hand. The Chinese also prefer brief greetings and that’s why they only do short handshakes When several people are being introduced they take turns to greet each other and they avoid reaching out over someone’s hand. They find it rude to greet someone with one hand in the pocket and when women enter a room the men stand as a show of politeness. The men sit after all the women have taken their seats. The Chinese etiquette requires that people are addressed using Mr., Ms or Mrs. followed by the s urname. The only people who are allowed to use the first names are family members and very close friends. The Chinese culture also insists on the use of professional titles such as doctors, academics and others. One has to establish professional titles before any meeting. They use the surnames to maintain formality and respect CITATION Lam00 l 1033 ( Lam, 2000). Punctuality is another important aspect of etiquette in Europe. Punctuality is a serious issue as they value their time. The business people are usually under a lot of pressure and they plan for their time very well to meet their daily objectives. Being late shows disrespect for people and their time, it is also a show that the person is not interested or not serious about the business deal or meeting. The punctuality is seen as a sign of commitment to the business. Europeans also don’t mix humor with business affairs. If jokes are made they should be in context and tasteful. They usually have a very strict protocol in their meetings leaving little room for humor. They believe that when jokes are made during business then the meeting seizes to be formal. In doing business with Europeans one has to plan ahead the meetings should be booked two to three weeks in advance. They have a culture where they hold their meetings between eleven to one and three to five p.m. They avoid mee tings on Friday afternoons, during their regional festivities and the holiday months of July, December and August.Their meetings in most cases are usually formal, functional and they stick to the set agenda. The set start time and finish time are obeyed by all means so everything is done within the time limit. They prioritize business as they discourage relationship building and small talks CITATION Lam00 l 1033 ( Lam, 2000). They analyze commercial negotiation proposals thoroughly while considering every detail. They ensure the information and facts are provided in written and scientifically presented. They make logical conclusion basing on the empirical details. Decisions are not made based on the subject’s charm or marketing skills but they consider concrete facts and the accuracy found in the details. The Europeans are slow when it comes to making decisions hence the proceedings should not be rushed. They take their time as they try to furnish the decisions with additional information. Once a decision is reached they rarely change their mind regarding the same. They give respect priority and they give each other personal space in the work environment. They are not allowed to touch during meetings and business dealings. They don’t mix official meeting with social issues. They prefer official dressing when doing commercial negotiations .They rarely dress in casual clothes when working. Europeans trade show participants do not wear badges. Introductions are saved until the visitor shows interest. If the introduction is made too early they consider it superficial and intrusive. Europeans also don’t give their business cards quite easily. They value their privacy and in case they hand you one it should be treated as confidential and private. It should not be passed to another person without the owner’s permission. In calling the Europeans they take it offensively when they are not referred to by their title and name. Europeans shake hands to say hello and goodbye. The hand shake should be done using a firm grip. This is a show of respect and also it depicts the appreciation of the colleague. Women are the ones to be greeted first and not while seated. The men have to stand before they greet women this clearly shows the high level of respect they maintain in the working area. They also have a culture of maintaining eye contact. This is a show of confidence and legitimacy. In Germany company stability and long term commitment are top priorities. Europeans are usually curious about the company ownership, history and the product lines. References will be requested to prove honesty and reliability. Because of all this the process may be slow and trying to speed them up is considered rude and suspicious. Importance of Knowledge on Target Culture in Commercial Negotiation The influence of cultural diversity has major impacts on work relationships in most organizations commercial negotiation. The cross cultural occurrence affects communication between employees, causing confusion and thereafter results in misunderstanding in the workplace. It is therefore important for both managers and their employees to understand the target cultures’ communication process and recognize the sources of cross cultural conflicts. Depending on how they are managed, cross cultural conflicts may have either positive or negative outcomes. It is also important for managers to develop better skills that help in handling the complications caused by different cultures. Managers should be able to convert the problems of cultural diversity into strengths of the organization CITATION Bea00 l 1033 ( Beasor Steele, 2000). This is so to avoid getting in disputes in different cross-cultural platforms. As a commercial negotiator it is important to identify and address any underlying disputes or conflicts before anything goes wrong at the workplace. I have made it clear to my employees of the expected behaviors at the work place and most importantly during their interactions with foreign customers. As a negotiator one is the greatest ally but greatest obstacle to effective management of my employees. One has to closest to the junior managers who need to adapt to the new behaviors and cultures associated with management programs. Getting supervisors and managers on board and taking the lead in supporting cultural diversity is an important aspect of my commercial negotiation skills. This will ensure that employees are given an opportunity and platform to interact and raise any issues or concerns that they might have. Most importantly, employees should be given a chance to develop their own competencies and skills for enhancing cultural sensitivity among other employees in the company. As a commercial negotiator working in a multicultural company, it has been necessary for me to develop my skills in cross-cultural conflict management which affects productivity in the long run. Cross-cultural disputes have often lead to voluntary employment termination. These conflicts resulted in the loss of working time and loss of morale CITATION Bea00 l 1033 ( Beasor Steele, 2000). References   Beasor, T., Steele, P. (2000). Business Negotiation: A Practical Workbook. London: Gower Publishing, Ltd. Lam, M. L.-L. (2000). Working with Chinese Expatriates in Business Negotiations: Portraits, Issues, and Applications. Greenwood Publishing Group. Meunier, S. (2005). Trading Voices: The European Union in International Commercial Negotiations. Princeton : Princeton University Press. Adoranti, F. (2006). The Managers Guide to Understanding Commercial Contract Negotiation. New York: Global Professional Publishers. Burke, W. (n.d.). An examination of the commercial principles of the late negotiation between Great Britain and France in MDCCLXI: In which the system of that negotiation with regard to our colonies and commerce is considered (Google eBook). Printed for R. and J. Dodsley. Fox, W. F. (2009). International Commercial Agreements: A Primer on Drafting, Negotiating, and Resolving Disputes. Kluwer Law International. Gates, S. (2011). The Negotiation Book: Your Definitive Guide To Successful Negotiating. New York: John Wiley Sons. Marsh, P. D. (2001). Contract Negotiation Handbook. London: Gower Publishing, Ltd. Pye, L. W. (1990). Chinese Commercial Negotiating Style. Hong Kong: Oelgeschlager, Gunn Hain, Publishers. Ward, D. (2012). Contract Negotiation Handbook: Getting the Most Out of Commercial Deals. New York: John Wiley Sons. Source document

The Second Brandenburg Concerto Essay Example for Free

The Second Brandenburg Concerto Essay Composing for the inauguration of a harpsichord he had acquired in Berlin, Bach prepared the Brandenburg Concertos in 1720. [1] Drawing from a wide range of musical influences and styles, Bach pays tribute to and in many ways surpasses the works of his contemporaries, ultimately and undeniably furthering the concerto form. The concerto is a genre of instrumental works of three movements performed by one or more solo instruments accompanied by an orchestra. In a musical context, the term â€Å"concerto† (from the Latin concertare; â€Å"to contend, to dispute, to debate† and â€Å"to work together†)[2] was initially used inconsistently to refer to a variety of forms and functions, including vocal ensembles, mixed vocal/instrumental groups, and the act of accompanying. As the form developed, the term gained its lasting definition. The instrumental concerto emerged in the late 17th century. In Italy, two distinct styles arose, reflecting different approaches to musical structure and scoring. The Roman concerto featured a small ensemble of instrumentalists (called the concertino) playing in unison, contrapuntally or in alternation, accompanied by the larger concerto grosso or ripieno. Northern Italian concertos were written for much smaller orchestras, with sometimes as little as five instrumental voices, and emphasized the role of a single soloist (usually a violinist) backed by relatively light accompaniment. The genre flourished in the early 18th century with the many innovations of Antonio Vivaldi. His earliest concertos made use of the ritornello form, in which tonalities are established and reestablished throughout a movement by orchestral refrains. The form was the first to regularly present a recurring musical motif in several contrasting tonalities. Vivaldi also incorporated techniques largely unused outside of opera, such as the orchestral unison and onomatopoeic effects. His compositions contain slow, lyrical passages that allow for and encourage improvisation and embellishment. Suited to a variety of settings and functions, from secular to recreational, Vivaldi’s concertos were highly accessible and diverse. 2 Bach was among the many influenced by Vivaldi’s style. An unofficial student of the Italian composer, Bach devotedly transcribed Vivaldi’s concertos by hand, often rescoring them. [3] Bach’s attention to detail and expertise in musical structure gave his own works a refreshing individuality. His compositions included new, virtuosic instrumental techniques and applications, particularly for the harpsichord. Bach’s Brandenburg Concertos brim with dense compositional textures, complex instrumentations (combining strings, brass, woodwind and keyboard instruments) and unusual mixtures of conventions usually exclusive to their own specific form of concerto. Featuring an astonishing amount of instruments, the Brandenburg Concertos make for a tonally diverse listening experience. Taking every sound in his palette into consideration, Bach orchestrates passages both instrumentally homogenous (specifically, string ensemble) and unusually varied (combining recorder and trumpet). The instrumental parts are as unique and unusual as they are difficult: violas da gamba back atypically soloing violas, a recorder fights to sing above a trumpet, and a violin piccolo plays a fast melody customarily reserved for other members of its instrumental family. [4] Following the conventions of the concerto grosso form, the second Brandenburg concerto features two ensembles: the concertino, a small group of soloists, and the ripieno, the larger orchestra accompanying them. The concerto is scored for the violin, viola, flute, trumpet, oboe and continuo. The elaborate interplay between the soloists and the ripieno is most apparent in the manipulation of recurring musical themes. [pic] mm. 1-7 The first measures establish the ritornello, played in unison by both the soloist and larger orchestra, with contrapuntal voices in the accompaniment. The theme is grandiose; the repeating 16th-16th-8th note motif excitedly calls for the listener’s immediate attention, heralding a rising and falling stream of 16th notes that seems to relay some thrilling news. [pic] mm. 8-9, violin A second theme, a brief solo, follows the ritornello, marking the entrance of a solo instrument in its every occurrence. The solo instrument is supported only by the continuo and at most one other instrument in the concertino; the orchestra is at rest. The melody floats sweetly, lingering on a trill as a temporary reprieve from the uproar of the orchestra. The second theme is played by the violin in its first instance and in subsequent occurrences by the oboe, flute and trumpet, respectively. The two themes (the first truncated) alternate in rapid two-measure exchanges. Changes in pitch and direction in the solo passages bring about modulation in the restated ritornellos that follow, shifting the mood of the piece and establishing the soloists and the driving force behind its movement. As the solo guides, the opening of each ritornello serves as a point of arrival. [5] This pattern is characteristic of Vivaldi’s style: his concertos typically began with a full statement of the orchestral ritornello, which would re-emerge between alternating solo passages in a notably altered form. 3 [pic] mm. 9-11 (top), 13-15 (bottom) The first example of this occurs in the transition from the solo passage to the restatement of the ritornello in measures 14 to 15. Reflecting a single change in the solo (a high C replaces the F in the last note), the transposed ritornello moves the piece into the key of C, the dominant to the tonic key of F. To the listener, the key change instills a sense of triumphant accumulation and a desire for eventual resolution. [pic] mm. 31-37, trumpet (top) and oboe (bottom) The next modulation takes the piece to the key of D minor, the relative minor to the tonic key. Against a suddenly (and unexpectedly) downcast orchestra, the high-pitched trumpet introduces a new theme: a simple, prolonged four note sequence that contrasts with the complex and rapid movement of the accompaniment. The oboe answers this sequence between the trumpet’s restatements, gradually guiding it to a lower pitch range. As the trumpet’s sequence tapers off, the full orchestra returns to another restatement of the ritornello.

Study into Reward Systems and Their Effect on Employee Motivation

Study into Reward Systems and Their Effect on Employee Motivation Reward systems are one of the basic components of a performance management system and a reward system is a broad term and it encompasses to include all organizational components linked to rewards including people, processes, rules, regulations, procedures and decision making processes that are involved in allocating the benefits and compensation among employees in return for the contribution that have made to the organization in terms of the work achieved (Griffin and Moorhead, 2009). Employee motivation is defined as the willingness or effort exerted by the employee in order to achieve goals of the organization and this phenomenon of motivation is universal and results because of certain unsatisfied desires of the employee. The basic motivation process has four steps; an individual has certain preferences and likes and dislikes that he/she wants to fulfill. When these wants and desires are not satisfied, a drive or motivation is created in that person to achieve that goal (Gunkel, 2006). Keeping these two important factors in mind, this study is aimed at determining the significance and importance of the impact that reward systems have on employee motivation. A study conducted to determine the impact of reward on motivation found that there is a direct relationship between the level of rewards and intrinsic motivation, the higher the reward, the more will be the extrinsic motivation (Ryan and Deci, 1985). Another study was also conducted that endeavored to inspect the relationship between rewards and employee motivation and revealed that there is a statistically significant impact of payment, promotion, recognition, benefits on employee motivation (Khan, Farooq and Imran Ullah, 2010). Roberts (2005) also supports this and his findings reveal that better the reward and recognition systems lead to higher levels of motivation and satisfaction among employees and therefore may lead to higher levels of performance and productivity. These facts revealed by various previous studies emphasize the importance of determining the relationship between reward systems and employee motivation and motivation affects the productivity of the employees and therefore has serious implications for the company. The purpose of this research study is to explore the relationship in a company specific setting using ASDA and determine how the total reward structure affects the employee motivation level in that company. Problem Statement The problem being discussed is current as well as relevant for any organization as employees are the main resource for any organization and these rewards directly have an impact on them. Motivation is an intangible and subjective term and is related to human behavior while reward systems are objective and clearly well defined and attempting to relate one subjective concept to an objective one is a daunting task. The relationship between motivation and rewards can also be viewed from the perspective of human behavior and this problem existed and is likely to continue into the future as human behavior remains the same and employees bring their behaviors to the work place as well. Therefore the results generated by this study will have practical applications in rationalizing future reward systems. Human behavior is reinforced or abandoned depending on the consequences that action has generated. When the person experiences anything good or satisfying related to an action then it results in positive reinforcement and the person will try to repeat the behavior in future. On the other hand, negative reinforcement occurs if an action results in criticism. These principles are equally applicable to the employees in a workplace and rewards can be considered as factors that help in reinforcing a desirable behavior like good performance (Wilson, 2003). Therefore the purpose of reward system is to reinfo rce positive behaviors so that employees repeat these behaviors. The problem therefore to be addressed by this research study is to investigate what motivates employees and what rewards are being offered to them. In case the reward is something that does not have any significance for the employee then it may not be enough to motivate the employee. Similarly, another problem to be addressed is that how the reward systems are developed and implemented so that these appear as positive consequences for showing the desired behavior which in this case is good performance and reinforcing this consequence which leads to motivation among employees. The general purpose of this study is to investigate what are the factors that motivate employees to work and how these factors can be incorporated into a reward system and what is the impact of these rewards on employee motivation. In order to investigate these factors the sample of employees to be studied belongs to a company called Associated Dairies Farm Stores Limited (ASDA). The basic overview of the research is that ASDA employees will be asked to fill out questionnaires through which their motivation will be judged in relation to the total reward system they are being offered. Introduction to the Company Associated Dairies Farm Stores Limited (ASDA) was established in 1949 in Britain and over the years it has grown into a supermarket chain. Initially its product line was limited to grocery and general merchandise but over the years the product markets have been diversified and ASDA also operated a financial services segment as well. It is a very successful business and owing to its success, Wal-Mart decided to acquire ASDA and operate it as its subsidiary in the year 1999. It has been an innovative company that has introduced distinctive store formats in Britain like one stop shopping superstores during the 1970à ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â‚¬Å¾Ã‚ ¢s, introduction of supermarket owned brand and then finally moved into financial services business as well. This portfolio requires a large number of employees who specialize in their own areas of expertise and the company at present employs 170,000 colleagues in 400 stores  [1]  . ASDA is one of the largest retailing chains in UK along with a few other notable names such as Tesco and Sainsbury. ASDA has more than 1000 employees managing and running its stores throughout the country. The total reward system of ASDA includes components include Bonuses, Colleague Discounts, Private Medical Cover, Share Plans and share save Plans, STAR Points, Colleague Share Ownership Plan, Pension, Voluntary Benefits, ASDA Stars, Long Service and employee recognition  [2]  . Reports have shown that ASDA has expansion plans on the horizon and the company is expected to acquire Netto stores in the UK which will help ASDA increase its number of stores and employees  [3]  . Developing a reward system at ASDA and that keeps all or most of the employees motivated are a difficult task. There is a dire need to study how the total reward system of ASDA is viewed by the employees and what are the pitfalls of the system. Being such a large supermarket chain operating throughout the country with a large number of employees and plans of further expansion makes ASDA an ideal candidate to be studied for this study. Aims of the Study Developing and administering reward systems is one of the most important responsibilities of the human resource management department. Rewards are given to the employees in return for the work they contribute and are also a form of recognition for the employees. Rewards can be both monetary and non monetary. When one thinks about rewards, monetary rewards are the most obvious ones that come to mind however these may not necessarily be the most effective and include factors such as basic salary, bonuses, commission etc. On the other hand non-monetary rewards can be termed as career incentives or intrinsic rewards and include factors such as promotions, holiday trips and so on (Christiansen, 2000). The aims of this study therefore include: Explore the significance of reward systems in determining motivation level of employees Exploring the major components of the total reward system Exploring they types and components of motivation Objectives of the Study The main components of any reward systems include policies, practices, structures, schemes and procedures (Armstrong, 2002) and the purpose of this study is to study these processes is ASDA and study how job evaluation and performance management, practices are being used for motivating employees through the use of reward systems. The objectives of the study include: What type of reward systems are in place? How have these reward systems been developed and how are these systems kept current and up to date? Do the employees fully understand and appreciate these reward systems? Do the employees view these reward systems as being effective and in line with their needs and requirements? What is the level of job satisfaction and motivation in ASDA employees? Do employees view the appraisal process as just, equitable and fair? Does the reward systems discriminate employees on some basis such as age and gender etc? Do the rewards systems address factors that motivate or de motivate the employee? What are the missing links between what the employees want and what the reward system is offering? Results Expected The results expected from this study are to be able to generate a list of factors that serves as motivators and de motivators for the employees and what they are expecting form the reward system. The most important factors affecting employee motivation can be identified through this process. The study is also expected to help dissect the reward system of ASDA and compare whether this reward system addresses the employeeà ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â‚¬Å¾Ã‚ ¢s expectations and what are factors that are lacking in the system. Finally, the comparison will reveal what elements need to be incorporated into the rewards systems o make it more effective in motivating employees. Conceptual Framework The research study will be based on primary data collection that will be carried out through questionnaires to be filled in by the employees of the company. The questionnaire has been designed to study the main components of the reward system of ASDA, whether this system has been developed keeping the employee and organizational needs in mind and how it does relate to the extrinsic and intrinsic motivation among the employees. A brief description of these three themes is discussed in the next few paragraphs. .The main components of any reward system include policies, practices, structures, schemes and procedures (Armstrong, 2002). Processes are developed so that the worth of the job and the contribution of the employee can be measured and may include job evaluation and performance management, practices are for motivating employees through the use of reward systems, structures are developed to link the value of the position to the level of benefits offered, schemes are for providing incentives based on the performance and procedures refer to the ways in which the system is maintained so that it operates efficiently. In the same way, the total reward system of ASDA will be studied to determine how effective it is in gauging employees. Even though a reward system is developed keeping in mind its intended audience which are the employees but it also needs to consider the needs and requirements of the organization. According to Griffin and Moorehead (2009), rewards carry both symbolic as well as surface value for the employees. The surface value refers to the objective value that the rewards offers to the employee and can be measured like for example a 20% pay raise. On the other hand rewards also have a symbolic or subjective meaning that carries some personal worth for the employee for example rewards that help an employee realize that his worth is more than the other employees. This study will explore how effective the reward system in ASDA is in dealing with the aspirations of the employees. There are two aspects of motivation, extrinsic intrinsic, which shows that motivation is subjective and has different meanings for different people. Extrinsic Motivation is defined as the desire to perform a certain behavior or task because of the contingent results or the positive consequences that action produces while Intrinsic Motivation is a desire to do something based on the enjoyment and interest in that task (Ryan and Deci, 2004). Intrinsic motivation includes factors such as job satisfaction, achievement of personal goals, compliance to standards, fairness, team spirit and ethical standards etc (Frey and Osterloh, 2002). The study will attempt to uncover whether the total reward system in ASDA deals with both extrinsic and intrinsic factors or not. Outline of Subsequent Chapters The introductory chapter will be followed by a review of the literature to build a foundation for this research study in the light of the studies carried out previously and will deal with the major theoretical themes relevant to this study. The next chapter will provide a detailed description of the methodology that will be undertaken for designing and filling the questionnaires to collect data for the research. The next chapter will them move to more specific issues and describe the current reward system being offered in ASDA while the section following this one will take on a critical approach and analyze and evaluate the system. After the analysis, data analysis and findings will be presented in a separate chapter and the final chapter of the study will summarize and conclude the entire research study.

That Evening Sun Essay -- Literary Analysis

â€Å"That Evening Sun† is a short story written in 1931 by William Faulkner. Faulkner’s life in the South and family history has had a significant influence upon Faulkner’s writing style, in both content and its context, and his knowledge of southern culture and events in its history only add depth to his work. The events in â€Å"That Evening Sun†, like many of Faulkner’s stories, takes place in the fictional town of Jefferson. The story is narrated by Quentin Compson who was nine years old when the story takes place, but is now an adult recounting the events from fifteen years before. The story revolves around the Compson’s and their children’s relationship with the stories main character Nancy. Nancy is a Negro woman who is employed by Compson family. Nancy has got herself into a dilemma first by causing a disturbance by publicly demanding payment from the town banker and church deacon Mr. Stovall for sexual services and next by be coming pregnant with by him. Nancy’s pregnancy causes her husband Jesus to become angered; he then deserts her and leaves town. Nancy communicates to Mr. Compson, that she believes Jesus will soon return to kill her. The story relates to the reader the seriousness of Nancy’s situation and how and how it is taken without any seriousness by the Compsons’. There are several literary terms which are significant to â€Å"That Evening Sun†. â€Å"That Evening Sun† is told from a third person point of view. The narrator of the story is Quentin Compson who is also a character in the story. He tells his story fifteen years after the events have passed looking back upon them as an adult. The setting of the story is in Jefferson, Virginia around 1902. The protagonist of the story is Nancy who is struggling with the fear that her ... ...ed to the crucifixion of Christ where Peter denies him three times. When Nancy is taken to Jail and hangs herself, this can also be compared as a crucifixion. I am still at odds at whom or what is the heart of her suffering. One can also see how unaware the children are of the situation, only Quentin seems to know what Nancy is afraid of. Since it is Quentin who is narrating the story we do not know if his understanding happened at the time of the story or upon his retelling. Reading â€Å"That Evening Sun†, has inspired me to read The Sound and the Fury, which I believe has many of the same characters. Works Cited Faulkner, William. â€Å"That Evening Sun†. literaturesave2wordpress.com.N.p., N.d. Web. 04 February 2012. Johnston, Kenneth G. â€Å"The Year of the Jubilee: Faulkner’s â€Å"That Evening Sun†Ã¢â‚¬ www.jstor.org. Duke University Press. 1974. Web. 04 February 2012.