ARE COMMON PERCEPTIONS ON TERMINATION CASES IN MEXICO SUPPORTED BY EMPIRICAL DATA - Free Essay Example

Sample details Pages: 16 Words: 4701 Downloads: 1 Date added: 2017/06/26 Category Statistics Essay Did you like this example? Abstract Using a random sample of cases from the Federal Labor Court in Mexico, this research analyzes firing disputes in Mexico from an empirical perspective. In particular, it focuses on presenting evidence in regard to the following three common perceptions on termination cases: (i) that they are often terminated by an adjudicated decision; (ii) that they are extremely delayed; and (iii) that the final payments obtained by the workers are extremely high. The statistical evidence suggests that an emphasis in the literature and media on a particular subsample of cases with extreme characteristics (e.g. Don’t waste time! Our writers will create an original "ARE COMMON PERCEPTIONS ON TERMINATION CASES IN MEXICO SUPPORTED BY EMPIRICAL DATA" essay for you Create order adjudicated or appealed processes) produces these conceptions. The study concludes with a brief comment regarding the importance of empirical studies as a way of better understanding legal phenomena in Mexico. Table of contents I. Federal labor tribunals in Mexico II. Methodology and Data III. Results and Discussion A. Termination payments are extremely high B. Termination cases are extremely delayed C. Termination cases normally go to trial IV. Conclusion Although the analysis of the law in Mexico has changed slightly in the last years, Pounds vision effectively reflects the atmosphere of pure law of the Mexican mainstream. The analysis of labor law in Mexicoà ¢Ã¢â€š ¬Ã¢â‚¬ the general topic of this researchà ¢Ã¢â€š ¬Ã¢â‚¬ reflects this analytical path. In fact, the overwhelming majority of the literature related to labor justice has been doctrinal and normative. These studies often ignore factual evidence of how the legal framework affects the legal reality; and if some evidence is presented, it is merely indicative or anecdotal. This doctrinal research figures prominently in public policy debates. This study departs completely from the Mexican mainstream insofar as it is an empirical study based on case file analysis. The research results are based on a random sample of 3,203 files selected from the Junta Federal de ConciliaciÃÆ' ³n y Arbitraje (JFCA) archive. These files correspond to termination cases presented before the Tribunal 15 of the JFCA (Tribunal 15), a labor tribunal (Junta Especial) whose jurisdiction includes the pharmaceutical, chemical, automotive, and paper industries; and the Tribunal 6 and 8 of the JFCA (Tribunal 6 8), the labor tribunals whose jurisdiction includes the textile industry. The period studied extends from 1991 to 1998. Note that case file analysis has been used extensively in other countries with fruitful results. The objective of this research is to characterize empirically the termination disputes in Mexico in the context of the tribunals analyzed. In particular, it focuses on presenting evidence in regard to the following three common perceptions on termination cases: (i) that they are often terminated by an adjudicated decision; (ii) that they are extremely delayed; and (iii) that the final payments obtained by the workers are extremely high. This article is divided into three sections. The first section explains the operation of the federal labor tribunal in Mexico. The second section describes the data and the methodology. The third section examines the above mentioned perceptions on termination cases. I. Federal labor tribunals in Mexico The JFCA is an administrative court that belongs to the executive branch. Because of this dependency, Mexican legal authors have questioned its degree of judicial independence. The JFCA consists of 61 labor tribunals, called Juntas Especiales. Sixteen tribunals are located in Mexico City, and the remainders are dispersed throughout Mexico. Labor tribunals have the legal power to conciliate and adjudicate. In fact, the LFT mandates at least one conciliation hearing before trial. Among the labor tribunals, jurisdiction is determined by industry. Although the labor law openly promotes settlement of disputes, it does not permit the settlement terms to remain confidential. The relevant tribunal must ratify the settlement for it to become binding. An employee cannot credibly forfeit the right to sue his employer unless and until the court approves his settlement. Employers and workers very often submit a settlement jointly to the labor court simply to obtain ratification, which then makes the agreement binding. The approval of settlements primarily serves as a mechanism for confirming that the worker has not renounced some legal benefit and for making the agreement binding at law. Tribunals must record details about the settlement, such as the date of the settlement and the amount paid. Once a lawsuit is filed, the tribunal with jurisdiction over the dispute must schedule at least one conciliatory hearing. At the conclusion of that hearing, the tribunal schedules subsequent hearings for the presentation of evidence and for trial. At any point during the process, however, the suit can be terminated by a settlement. The tribunal must approve this settlement. In fact, the parties can agree to defer hearings if they think they need more time to negotiate the terms of the agreement. If no agreement is reached, a tripartite commission composed of an employer representative, an employee representative, and a government representative may issue an award deciding the dispute. Note that the employee may also drop the complaint at any point during the lawsuit. As noted in the tables below, dropped lawsuits are not uncommon. An appeal mechanism, the juicio de amparo, is available to challenge the resolutions of the tribunal. Note that the parties cannot only challenge the final decision issued by the tribunal, but also other decisions that could potentially affect the outcome of the case, for instance, the fact that the tribunal notified the employer about the workers complaint in an incorrect manner. It is fair to state that the scope of review of the juicio de amparo in labor cases is limited to protect the due process rights of the parties. II. Methodology and Data Clermont Eisenberg divide legal studies based on statistical research into three groups depending on the way in which the data is assembled. Studies of published judicial decisions, studies based on data produced by experimental work or by archival research, and studies involving analyses of publicly available, and usually governmental, databases. The present study fits into the second category, legal research based on archival data. The logic behind analyzing archival cases is simple: random samples of large dockets can provide us with useful information to analyze the patterns of litigation in a particular tribunal. This is particularly relevant when there is no information availableà ¢Ã¢â€š ¬Ã¢â‚¬ or only very incomplete informationà ¢Ã¢â€š ¬Ã¢â‚¬ on how certain type of legal dispute is resolved. In particular, information regarding labor disputes is extremely general and imprecise. The data used for this research was obtained through a public information request under the Ley Federal de Transparencia y Acceso a la Informacion Publica Gubernamental, the law that regulates the access to public governmental information. While some of the variables used in this study are considered public information under this law, other variables are not public information, and have been obtained under a confidentiality agreement. The confidentiality agreement was negotiated with the authorities of the JFCA, who only authorized to review those cases that complied with the following characteristics: (1) closed cases that cannot be reopened by the parties anymore, (2) and cases that had been initiated in 1998 at most. Given these constraints, I was able to assemble a random sample of cases initiated between 1991 and 1998 in Tribunal 15 and Tribunal 6 8. Note that these years refer to the dates in which the cases were presented before the labor tribunals, and not to the dates in wh ich the cases were actually solved. There are two main types of cases observed in the sample: filed settlements and litigated cases. In filed settlements, the employer and employee file a jointly agreement, which is merely ratified by the tribunal. In litigated cases, the parties usually present and produce several documents, such as the employees initial petition, the employers response (if any), the terms of agreement reached if the case is settled, the final award issued by the tribunal if the case is not settled, and the appeals carried out by the parties. Note that litigated cases have three possible outcomes: dropped suits, settlements, and trials leading to a final decision issued by a tripartite commission. As mentioned before, the final decision is known as an award (laudo). Using the information from the documents mentioned in this paragraph, I calculated the duration and the final payment of the cases handled by Tribunal 15 and Tribunal 6 8. These calculations will be presented in further tables. A comment should be made on the validity and usefulness of the results coming from the data analyzed. First, the LFT has not been substantially modified since its enactment in 1970. Second, and based on five interviews with representatives of the government from five federal labor courts that handle similar disputes, it is reasonable to state that the solving pattern of the termination disputes here portrayed is accurate and reflects the current situation. III. Results and Discussion A. Termination payments are extremely high Some Mexican authors have analyzed the LFT from an economic perspective. Basically, their argument is that the LFT should be modified to eliminate all those provisions that create restrictions on hiring, mobility, and termination of employees. These legal restrictions, originally designed to protect the worker, generate a higher social cost than benefit. In particular, these authors claim that the LFT raises termination costs, diminishing the quantity of labor that an employer hires below the socially efficient level. This argument assumes that most of the termination payments are paid according to the LFT and are thus extremely high. No empirical evidence concerning this assumption has been produced. Before presenting the empirical evidence, the rules regarding termination payments should be explained. These rules, provided in the LFT, mainly refer to the provision of fringe benefits, overtime, and the mechanics of termination. Fringe benefits are mainly composed of vacation pay and year end bonuses. Each employee is entitled to a certain number of days of paid vacation depending on his or her tenure at the firm. Also, every employee has the right to receive an end of the year bonus equal to at least 15 days wages. A normal workweek cannot exceed 48 hours. If an employee works more than 48 hours in a single week, he is entitled to overtime pay. The law mandates double pay for up to 9 hours of overtime, and triple pay for any hours above 57 per week. Terminations are classified under the law as justified or unjustified. Justified termination is limited to wrongdoing on the part of the worker, such as three continuous unjustified absences. Termination for any other reason, such as low employee productivity, is considered unjustified and it often implies higher termination cost. For either type of termination, the firm must cover all payments owed to the worker up to the termination date, including overtime and the prorated proportion of fringe benefits until the termination date. Additionally, the worker is entitled to severance pay equivalent to 12 days wages for each year worked, with the wage rate capped at twice the minimum wage. At the time of termination the firm must issue the worker a written document explaining the exact cause of termination as defined by the LFT. Workers have the right to challenge the grounds for termination. According to the LFT, the firm carries the burden of proving that it fired the worker for just cause. Workers terminated in an unjust manner have the right to receive two additional payments. Back pay from the termination date through the date when judgment is issued (including not only the salary, but also the fringe benefits), plus three months salary with benefits. Also, those workers who are denied reinstatement are enti tled to 20 days wages plus benefits for each year worked, without any cap on the wage rate. Note that a worker who proves he was fired without justification can request to be reinstated in his job. The firm may refuse reinstatement for certain categories of workers, such as temporary workers, those with less than one years tenure, and those considered to be at will employees. A firm may also avoid having to reinstate workers it fires in the case of justified layoffs. Table 1 presents the average final payments obtained by workers depending on the form in which the cases concluded. Both absolute and relative amounts are shown. Relative amounts correspond to the amount that workers win as a percentage of the amount they claimed. The data demonstrate that fired workers who initiated a lawsuit usually claimed considerable amounts of money that seldom obtained. Also, note that workers who resolved the case through a filed settlement or a settlement reached during the lawsuit had better final payments. Interestingly, in cases solved by an award, the decision of the parties to appeal increased the amount received by the worker. As the tables portray, most of the termination cases do not receive an extremely high final payment, which contradicts the widely held assumption of the Mexican media and Mexican academic literature. Although this section only presents a descriptive analysis of the data, these results deserve much more attention and analysis in future research. B. Termination cases are extremely delayed This section presents empirical evidence that supports the idea that the duration of termination cases is not necessarily extremely delayed, but it actually depends on characteristics of the dispute like the termination mode, the decision of the parties to challenge the tribunal decisions, or to defer the case. Many Mexican legal scholars have criticized the fact that labor procedures are extremely formal and complicated. According to this view, procedure is the main source of delay in labor disputes. Proposals for diminishing delays in labor disputes include: improving the conciliation system , hiring more legal clerks , replacing the old technology in the JFCA (i.e. principally computers) , and, of course, changing the law to eliminate procedural complexities. The LFT procedures do not limit the time period for case resolution; rather they establish a term in which each action in the process should be completed. The goal of establishing such terms is to create a fast labor procedure (article 685). The labor statute requires different types of procedures depending on the case at issue. The procedure by which termination cases are solved is known as ordinary procedure (article 871). The ordinary procedure starts when the employee files a claim before the JFCA (article 871). After this claim is admitted, the parties are scheduled for a hearing (article 873). The hearing has three stages: the conciliation stage; the claims and exceptions state; and finally, the stage of submission and admission of the evidence (article 875). Each one of these stages has particular time and form characteristics according to which it operates. Article 876 governs the conciliation stage. The goal is for the parties to reach a conciliation agreement through the intermediation of the tribunal. If the parties reach an agreement, the disputed is terminated and the tribunal endorses the corresponding agreement. This agreement, like an award, is enforceable. If the parties do not reach a conciliation agreement, the hearing proceeds to the claims and exceptions stage. Article 878 also governs this stage. The worker presents his claim, and the employer answer him. After this stage, the submission and admission of the evidence stage occurs, which article 880 governs. Next, the evidence is presented before the tribunal in another hearing governed by Article 884. When all these stages have been completed, a legal clerk creates a draft of the final ruling. This draft has to be approved by members of the tripartite panel (the representative of the employees, the employers, and the government). This process follows the rules established in articles 887, 888, and 889. After approval, and if no corrections are proposed, the draft is turned into the award. According to the terms established in the statute for each one of these proceedings, an ordinary procedure should be resolved in 75 effective court days. As table 2 portrays, the average duration of an ordinary procedure (i.e. case solved by an award without being appealed or being deferred) in Tribunal 15 is 440.76 effective court days, and in Tribunal 6 8 is 419.89 effective court days. Several things should be clarified with regard to the description of the ordinary procedure. First, although the labor statute speaks of one hearing divided into different stages; in fact, there are different hearings in which all these stages are completed. Therefore, if the parties cannot reach an agreement after a conciliation hearing, the conciliation continues in the next hearing, and the subsequent stage is postponed and so on. Second, the statute permits the parties to defer the hearings if both sides agree. In other words, if the parties are in the process of negotiating a conciliation agreement, they can ask the labor tribunal for more time. According to table 2, this is not unusual. Third, although the statute specifies that the conciliation stage should be performed at the beginning of the case, the parties can reach a conciliation agreement at any time during the ordinary procedure, even after the conciliation stage has passed. Fourth, the description portrayed for the or dinary procedure does not account for whether the parties (either the employee or the employer) decide to appeal the award or not. If the parties decide to appeal the award issued by the judge, the procedure should be extended by no more than 45 days until the appeal sentence is rendered. Table 2 portrays that the duration of the case increases considerably when the parties decided to appeal the rulings of the labor tribunal. While cases concluding through an award that was not appealed took 450.45 effective court days to be solved in Tribunal 15 and 442.69 effective court days in Tribunal 6 8, cases concluding through an award that was appeal took longer: 904.79 effective court days to be solved in Tribunal 15 and 790.28 effective court days in Tribunal 6 8. The ordinary procedure requirements suggest the excessive formality of the process for resolving termination cases. The real question is how many cases actually pass through all these complicated stages. Table 2 shows the average duration of cases in court effective days depending on certain decisions of the parties, particularly, their decision to appeal the tribunals rulings and to defer the case. Note that 56.97% of the total cases from Tribunal 15 and 23.48% of the total cases from Tribunal 6 8 were filed settlements. These cases were resolved without passing through any of the above mentioned stages of an ordinary procedure and went to the court as a mere formality. The situation is different for litigated cases. Litigation cases are divided between those cases in which the parties deferred the case at least once and those in which the parties never deferred the case. As noted in the tables, the average duration is regularly higher when the parties decided to defer the case tha n when they chose not to defer it. Observe that the difference in duration of a lawsuit also depends on the parties decision to settle, drop, or go to trial seeking an adjudicated award. Finally, the duration of the case depends on whether the parties chose to appeal the rulings of the tribunal or not (including the award). Therefore, it is clear that when an award is issued to resolve a labor dispute or when the parties challenged the tribunals decision, the case was more delayed. However, the real question is how frequently this situation actually occurred. According to the evidence presented here, termination cases were rarely solved through an award (6.09% in Tribunal 15 and 9.76% in Tribunal 6 8), and even more rarely through an award issued after an appeal (1.88% in Tribunal 15 and 2.55% in Tribunal 6 8). Adjudicated awards and appeals appear to be more the exception than the rule. Short settled cases (i.e. filed settlements and settled lawsuits without appeal) instead of long disputes seem to be the typical termination case. Finally, and given the results presented in table 2, it is reasonable to believe that the substantial length of the adjudication process could be itself a contributing factor to the settlement of most cases. Although a profound analysis of such idea goes beyond the scope of this work, it should definitely be considered in further empirical studies. C. Termination cases normally go to trial The media and legal scholars in Mexico have portrayed Mexican labor justice as complicated, corrupted, delayed, and costly. This vision has deeply shaped the perception of the labor justice system. Cases reflecting the view of delayed justice and low final payments appear in the random sample of cases analyzed in this study. Although these cases exist in the data set, they do not at all reflect the typical case. First, case 1/1991 , which began in 1991. In this case, a 26 year old man filed a claim of unjustified termination. He worked in the state of Oaxaca, in a paper factory. He had worked for almost five years receiving a daily wage of $78 pesos and claimed $191,900 pesos. A public defender represented him. In 1995, after four years, an award issued by the judge determined that the termination had been lawful. Thus, the claim was dismissed without any payment to the worker. Second, case 2/1994, which began in 1994. In this lawsuit, a 32 year old man also claimed an unjustified termination. He worked in the state of Chihuahua for a pharmaceutical firm. He had worked for six years and received a daily wage of $307 pesos. A private lawyer represented him, and the amount at stake was $922,429 pesos. The lawyer appealed the first award, which had favored the employer. The final decision, rendered near the end of 1997, favored the worker, but only granted him $7,894 pesos. The case took slightly more than three years of effective court time; and interestingly, the parties decided to defer the case once during the process. At the end of the day, the worker waited three years and received only a small fraction of his original claim (less than 10%). Although the cases portrayed above match the descriptions provided in the news for termination cases that reach the trial stage, it is not clear that these cases are representative of the typical termination case with which the tribunal commonly deals. Other cases in the sample reflect a completely different result. In other words, high payments and little court time. For example, case 3/1994 began in 1994 when a 50 year old man from Mexico City claimed an unjustified dismissal after more than thirteen years of work at a well known pharmaceutical company. The case did not reach judicial evaluation of the merits, and was settled only three months after filing. Interestingly, the parties decided to defer the hearings twice, and a private lawyer represented the employee. The employee, who claimed $267,115 pesos, received $214,959, 80% of his original claim. In another termination case, 4/1997, a 57 year old man filed a lawsuit against a pharmaceutical company asking for $1,364,927 pesos. The employee had a 22 year tenure and a daily wage of $2,472 pesos daily salary. The case was settled after ten months, and the employee obtained $1,001,167 pesos, 73% of his original petition. Again, a private lawyer took the case, and the parties deferred the hearings twice. Note two relevant commonalities in the two cases presented: both settled before reaching the trial stage, and the parties decided to defer the hearings at some point in the process. This study finds that settled cases more accurately reflect the resolution of Mexican labor disputes than the cases highlighted in the media, which typically cover cases that go to trial and terminate with an adjudicated award. In other words, the media emphasize cases that usually take a long time to resolve; and in particular, cases in which workers obtain outlying results (very low or high payments). Although these cases eventually come up in labor tribunals, they are rare. A bias for highlighting cases that go to trial has been identified several times in the literature. Laurence Ross and Alfred Conrad showed, in 1970 and 1964 respectively, that only a very small fraction of disputes go to trial and an even smaller fraction are appealed. Consequently, an analysis based only on those cases that go to trial is not representative of the influence of legal rules on social affairs. The conclusions of doctrinal studies based on trials or appealed cases disclose very little about how legal rules affect the behavior of those subject to them or affect the generation of legal disputes themselves. Mexican literature concerning labor law in general, and particularly termination cases, has followed this pattern. The methodological problem in studying only final decisions, like appeals or awards, is that the: simple extrapolation from a sample of litigated cases to the population of all cases is valid only if the sample is random. If cases are not randomly selected for litigation, then a researcher who uses litigated cases is necessarily studying both the selection mechanism and the underlying population of cases simultaneously. The particular set of data gathered for this research avoids this problem to a great extent. First, as explained earlier, the labor statute requires parties to ratify terminations before the labor tribunal for the termination to become legally binding. If an employer fires an employee and wants to have a legal document verifying that the employee was fired without any violation of the provisions of the law, he needs to ratify his dismissal agreement before the labor tribunal. Therefore, termination cases (the underlying dispute) should pass by the court, at least for ratification. Second, cases sampled not only include filed settlements, but also cases that starte d as lawsuits and were later settled, dropped, or decided by an adjudicated award. In short, the random sample of cases studied accurately represents the solving pattern of termination cases because the cases analyzed are a random sample of the underlying disputes, not a random sample from a particular biased sub sample. Table 1 and 2 portray the solving pattern of termination cases in Mexico. Statistics from these tables suggest that the typical termination case is settled in some fashion, and that awards are issued occasionally. A brief survey of the Mexican literature shows that one of the main concerns for labor reformers in Mexico is the long delay in solving disputes. Table 1 and 2 show that this perspective is imprecise. Most of the disputes went to court merely seeking a ratification of the parties agreement and were solved the same day they were presented. On the other hand, if the dispute was not a mere ratification but litigation, duration varied greatly according to the way of solving the dispute and to the parties decision to appeal the tribunals decision (particularly the award). Therefore, it appears that when studies and news refer to delay in labor justice, they actually refer to a sub sample of cases with certain characteristics, in particular, to those cases that finish with an adj udicated award, are appealed, or both. Many analyses of Mexican labor justice in general, and of termination cases in particular, have not seen the whole picture, but only a small fraction of cases with extreme characteristics. These works, though somewhat useful, tend to be biased in their conclusions, and they definitely do not appear to be the best guide for implementing public policy measures or legislative changes. Interestingly, according to the tables, a final judgment (i.e. award) was issued only in 6.09% of the total cases sampled in Tribunal 15 and in 9.76% of the total cases sampled in Tribunal 6 8. Alexander reports that fewer than 5% of litigated cases are tried to judgment in the U.S. Trubek et al. state that approximately 8% of civil suits filed in state or federal court went to trial. Also, Resnik notes that 85% to 90% of all federal civil suits end up settling. Note that 86.14% of the sampled cases were settled in some manner in Tribunal 15 and 77.80% in Tribunal 6 8. Therefore, the results of the present study are consistent in supporting the conclusion that cases that go to trial provide only a distorted window into peoples behavior in response to legal rules. IV. Conclusions This article seeks to analyze termination using empirical evidence. Using a random sample of cases from three Mexican labor tribunals, this work has analyzed three widely held perceptions on termination cases, which are commonly supported by the Mexican media and some Mexican legal scholars. The conclusion is straightforward: the perception of termination cases in private industry has been biased by a sub sample of cases with extreme characteristics, cases that go to a final judgment or are appealed. Interestingly, this biased has not been detected by research on labor law produced by Mexican scholars who study the law from a doctrinal perspective, proving that limiting the study of the legal system to doctrinal analyses of legal norms could lead to erroneous conclusions. Approaching research questions from an empirical perspective is necessary, and it will eventually reveal new features of the Mexican legal system.

The Duties and Responsibilities of a PFC in the US Army Free Essay Example, 1000 words

And then, I heard the company RTOs (Radio Telephone Operators) screaming that our company was taking fire† ("Pilot Reports from Afghanistan"). This Lieutenants experience is definitely not isolated most pilots depend on the ground crew, which includes PFC’s who are gathering information regarding what is going on. One of the main keys in utilizing the ground crew is communication. If a solider notes something that doesn’t seem right, or hears something out of the ordinary, a PFC must pass this information on to the TOC in a timely manner, because, as seen in the story above, it can make the difference between life and death for a vast number of soldiers. A part of gathering this information, as a PFC, includes knowing how to accurately depict threat and terrain analysis. The first step in threat and terrain analysis is to identify whom to watch for, or the threat. In Afghanistan there are several tribes called Pashtun that dot the terrain. It is important to note that typically the tribes in Afghanistan do act as unified groups and they have recently in Iraq (Public Intelligence). We will write a custom essay sample on The Duties and Responsibilities of a PFC in the US Army or any topic specifically for you Only $17.96 $11.86/page This knowledge should only make a PFC more cautious and it keeps soldiers on the look out to expect the unexpected. However, after being here for a small length of time many will start to understand the terrain on a personal level and will be able to note ahead of time if something seems off. The next part of threat and terrain analysis to discuss is that of the terrain. Many know that Afghanistan is mostly desert. This type of terrain can produce challenges all of its own. Afghanistan is a country the size of Texas, and with only a handful of major roads, helicopter travel is one of the main resources for the U. S. Army (Shachtman). However, the vast stretches of desert sand and cliff side mountains, produce the perfect hiding place for insurgents or these tribes discussed above to lay in wait of an attack.

International Biss Free Essays

string(39) " minimize the probability of failure6\." ‘Arrow and the apparel industry: Solved Case Study Arrow and the apparel industry Q1. Why did Arvind Mills choose globalization as the major route to achieve growth when the domestic market was huge? Ans. : The reasons of choosing global market by Arvind Mills are: 1. We will write a custom essay sample on International Biss or any similar topic only for you Order Now Market seeking motives, such as exclusiveness of product and service with high productivity, stringent in-line quality control and an encouraging manufacturing atmosphere. 2. Economic motives, such as profit making by implementing cutting edge technologies to achieve economies of scale and spreading R;D costs. etc. 3. Strategic motives, such as buying-up of sick units, departing worldwide and gaining German and US brand names. Q2. How does lifting of ‘Country-wise quota regime’ help Arvind Mills? Ans. : The lifting of ‘Country-wise quota regime’ surged a demand for high quality garments from India; while Arvind brands crossed over Rs. 60 crore in the year 2002 and planned to setup two more high tech export-oriented factories in India. And now, Arvind has the largest network of 64 outlets with 30 retail chains and 200 multi-brand outlets all over India. The current turnover of Arvind Brand is about Rs. 85 crore, which aimed to reach Rs. 100 crore with 1200-3000 outlets across 480-800 towns. Q3. What lessons can other Indian businesses learn from the experience of Arvind Mills? Ans. : Arvind Mills is one of the trademarks of Indian market, which executed diverse patterns of business. Arvind brand extended the international brands in small towns of India. Of course, many other business brands in India now follows Arvind brand. The other Indian businesses should learn a lot from Arvind Mills: international outset of market; Multi-regional integration approach; union and attainment, strategic alliances, international delegates, global network formation; changes in internal organization, etc. INTERNATIONAL BUSINESS Case 1:-BPO – BANE OR BOON? Which of the theories of international trade can help Indian services providersgain competitive edge over their competitors? The theory of free markets can help indian services providers gain competitive edgeover their compititors because India has got an edge over other countries at this pointof time but other nations may try to make their products look cheaper bymanipulating their currencies or by imposing restrictions on imported serviceespecially from india We need to do something like this – do something better than your competitors (either make a better product, market it better, service it better, price it cheaper, whatever). Pick up some Indian services providers. With the help of Michael Porter’sdiamond, analyze their strengths and weaknesses as active players in BPO. WNS, which was established in 1996 and transformed from a captive provider to athird-party provider in 2002, announced in December 2004 a new organizationalstructure focused on its vertical business units. The change to the vertical focus wasmade to sharpen the company’s domain expertise; develop new services andtechnologies; create superior career paths for talented managers; continue toemphasize entrepreneurship and empowerment, and win and retain business bydelivering exceptional value to its clients. The company’s business units are organized into the following vertical sectors: travelservices; insurance services; financial services; enterprise services (including financialand accounting services, human resource accounting and health care processing),and knowledge services (including primary and secondary research, and analytics). Each unit is managed by a chief executive officer and has its own operating and salesteams, and draws upon support and â€Å"enabling† services across the company. â€Å"We have seen numerous tangible benefits to our decision in 2004 to more sharply focus our vertical structure,† stated Neeraj Bhargava, Group CEO. Specifically, wehave strengthened our leadership role in the BPO industry; continued to distinguishWNS from our competitors through our differentiated strategy; maintained our recordof creating value for our key constituencies, especially customers and employees, and broadened our global perspective, thus enhancing our abi lity to help companies meettheir business challenges. â€Å"These developments reflect positively both on the soundness of our decision, as wellas the breadth and depth of WNS’ management team, which is uniquely qualified tolead this company. â€Å"Mr. Bhargava added hat WNS’ travel unit continues to be the offshore industry leaderin this segment with a dominant market share, but that â€Å"WNS’ formalization of ourvertical structure clearly allowed us to devote additional resources to our non-traveloperations – especially financial services, which include mortgage and insurance. As aresult, we have strengthened our expertise and operations in each of our offerings, aswell as across the company as a whole. † Compare this case with the case given at the beginning of this chapter. Whatsimilarities and dissimilarities do you notice? Your analysis should be based onthe theories explained. Evalueserve: Based in Gurgaon, it has 650 people engaged in market research andbusiness intelligence. Nearly 45% of the company’s revenues come from math relatedprojects. Evalueserve has a research firm called Global Sourcing Now, whichspecialises in high-quality research reports. WNS: A Mumbai-based BPO, WNS has just started its KPO division for market researchwith 300 people. It operates in the knowledge services business segment and offershigh-end services such as market, investment and business research. Wipro BPO – In 2002, Wipro took a quantum jump in the BPO services by acquiring thethen Spectramind. Wipro Limited (Wipro) is engaged in the areas of information technology (IT), services,IT products and consumer care and lighting products. The Company is organized infour segments: IT services, IT products, consumer care and lighting, and others. During the fiscal year ended March 31, 2009 (fiscal 2009), 94% of Wipro’s operatingincome was generated from its IT Services. In Fiscal 2009, IT products represented3% of its operating income, and consumer care and lighting, and others represented3% of operating income. The Company’s IT services segment provides a range of ITand IT-enabled services. In January 2009, Wipro Technologies acquired Citi Technology Services Ltd. (India), the India-based captive provider of technologyinfrastructure services (TIS), application development and maintenance services forcards, capital markets and corporate banking. Similarities: 1. Require knowledge transfer of the organization’s business processes2. Involve migration of jobs (along with some people too) to another country3. Necessitated by business compulsions such as cost reduction or shortage of resources4. Technology intensive exercise/process needing a ‘global delivery model’5. Requires structured migration process to minimize the probability of failure6. You read "International Biss" in category "Essay examples" ITO and BPO Partners are both affected severely by attrition in the workforceDifferences:1. Skills required in the people are different – IT requires strong technology focuswhile BPO requires strong process understanding focus2. Replacement of resources (on account of attrition) is easier and cheaper in BPOsthan ITOs3. ITO staffing strategy is to hire â€Å"trained people† whereas BPO staffing strategy aimsto â€Å"hire the crowd and train them†4. ITO results in loss of jobs to â€Å"knowledge workers† – but they don’t care since theycan get plenty of jobs elsewhere; BPO results in loss of jobs to lower skilled â€Å"processworkers† – often they do not have anywhere else to go ITO – Information Technology OutsourcingBPO – Business Process Outsourcing These are two heads, ITO is bent towards technology i. e. software outsourcing,whereas BPO is inclined towards process outsourcing. When we say process that could be functional (admin, HR, accounts) shared by all theindustries or technical depending upon each industry and skills required. Moreover, the KPORPOMPOPPOEPO and all the newbies are parcel of nicheindustries vis-a-vis skills required. Case 2 PERU What are some current issues facing Peru? What is the climate for doing businessin Peru today? During the 1970s, the Peruvian government nationalized a number of industries andfactories and began running them for the profit of the state in most cases, these state– run ventures became disasters. Peruvian government are facing problem with lack of advance and latest equipmentfor both locating as well as catching and then loading and unloading the fish. Peruvian government might step in during the next couple of years and again takeover the business. If this were to happen, it might take an additional decade for theloan to be repaid. If the government were to allow the fleet owner to operate thefleet the way he has over the last decade, the fleet the way he has over the lastdecade, the loan could be repaid within seven years. Peru is located on the west coast of South America What type of political risks does this fishing company need to evaluate? Identifyand describe them. Political Risk can be divided into several types of threats. Interference with operations †¢ Confiscation (they take a piece of equipment) †¢ Expropriation (they take the whole company) †¢ Nationalization (they take all the companies in a business sector) †¢ Economic instability, which effects production †¢ Currency Repatriation, not being able to get your money out †¢ Currency Inconvertibility, not being able to exchange your money for another currency of international value (yen, dollars, pounds) †¢ Contract Repudiation Persistent and deliberate refusal †¦ to honor obligations as set forth in a Contract†¦ What types of integrative and protective and defensive techniques can the bankuse? Some prevention techniques apply to individual banks, independently of the rest of the economy. * A bank can take deposits from depositors who do not observe commoninformation that might spark a run. For example, in the days before depositinsurance, it made sense for a bank to have a large lobby and fast service, to preventa line of depositors from extending out into the street, causing passers-by to inferthat a bank run is occurring. [1]* Banks can encourage customers to make term deposits that cannot be withdrawnon demand. If term deposits form a high enough percentage of a bank’s liabilities itsvulnerability to bank runs will be reduced considerably. The drawback is that bankshave to pay a higher interest rate on term deposits. * A bank can temporarily suspend withdrawals to stop a run; this is calledsuspension of convertibility. In many cases the threat of suspension prevents the run,which means the threat need not be carried out. [1]* Bank regulation or other constraints can impose a reserve ratio requirement,which limits the proportion of deposits which a bank can lend ut, making it less likelyfor a bank run to start, as more reserves will be available to satisfy the demands of depositors. [5] This practice sets a limit on the fraction in fractional-reserve banking. * Full-reserve banking is the hypothetical case where the reserve ratio is set to100%. Under this approach, the risk of bank runs would be eliminated,[11] and bankswould match maturities of deposits and loans to avoid vulnerabili ty to runs. Would the bank be better off negotiating the loan in New York or in Lima? Why? We can think like that New York Bank is in better position to do negotiation with Limain their own terms and condition. The biggest problem is that the ships are getting oldand they needs an influx of capital of make repairs and add new technology. As theyexplained it to the new York banker. â€Å"Fishing is no longer just an art. There is a greatdeal of technology involved. And to keep costs low and be competitive on the worldmarket, you have to have the latest equipment for both locating as well as catchingand then loading and unloading the fish † Case 3:RED BECOMING THICKERWhy that Coke is has not been able to make profit in its Indian operations? Coca-Cola’s operations in India have come under intense scrutiny as manycommunities are experiencing severe water shortages as well as contaminatedgroundwater and soil that some assert [18] are a result of Coca-Cola’s bottlingoperations. A massive movement has emerged across India to hold the Coca-ColaCompany accountable for its actions. The state of Kerala imposed a ban of colas fromthe state only to be quashed by Coca Cola; the matter is pending in the supremecourt. citation needed] The Plachimada plant in Kerala state, one of Coca-Cola’slargest bottling facilities in India, has remained shut for 17 months now because thevillage council has refused to renew its license, blaming the company for causingwater shortages and pollution. In the initial period of setting the business in India, the COKE was not able tomake profit fromthe Indian operation. This is due t o a number of factors. †¢ The local population is not accustomed to drinking cola drinks. †¢ The market needs to be developed. †¢ The initial bottleneck was the lack of adequate network of distributors. †¢ Product distribution was weak. The poor distribution created negative impaction the market growth. †¢ Volume was low. †¢ Overheads were growing. †¢ The operation profit was negligible. Do you think that Coke should continue to stay in India? If yes, why? I would like to mention some points if in order Coke wants to continue its operation inIndia. The allegations in other ways helped Coca-Cola Company, India to show theircorporate social responsibility and to maintain good product quality standards. Theinitiatives all over India helped them reach villages for a good cause and alsoindirectly marketed their products with establishing a trust among the public. After allthese allegations, the CSE is still not convinced of the quality of the product. Therefore, Coca-Cola must prove that they have upgraded their lab with sophisticatedinstrument which is capable of measuring pesticide residue in soft drinks. As per therecent reports by CSE, they claim that the pesticide residue has gone up 27 timeshigher than expected level by the Bureau of Indian Standards (BIS)Coke is facing different type of problem in which some are mention below Critical Issues/Problems: Solid waste and water issue: The communities near the bottling plant in Indiacomplained about the passage of sludge as fertilizer, causing health andenvironmental damage. The most important issue concerning these communities isthe depletion of water levels caused by the Coca-Cola bottling operations which havedrastically reduced availability of water for irrigation purposes. Pesticides in soft drinks: The other issue concerning human health caused by Coca-Cola is that their bottled water and soft drinks contain pesticides which were testedby the reputed NGO, CSE. Dual product standards: Coca-Cola is accused of having dual standards in terms of their products and safety measures concerning human health with respect to USA,Europe and India. Community issue: These allegations affected Coca-Cola largely with its sales and alsocaused the closure of one of their bottling plants in Kerala, India. Additionally, Coca-Cola’s products are banned in the state of Kerala, India. What cultural adaptations would you suggest to the US expatriate managersregarding their management style? A key reason for the return of expatriates before the official end of their foreignassignment is the uncertainty and frustration resulting from poor cross-culturaladaptation. The literature provides this general, normative view without much to sayabout the interpersonal conflict expatriates experience in the workplace abroadcaused by cultural differences. Our exploratory study finds that conflicts with co-workers in host countries occur frequently causing high stress and discomfort, andprovides three specific sources of conflict as recounted by sample managers. Theimplications of our findings include: selecting expatriate managers with highemotional intelligence, providing extensive pre-departure cultural training thatconsists not only of cultural facts but also interpersonal skills such as active listening,conflict management, and ethical reasoning, utilizing sensitivity training techniquesto better prepare managers for new situations, and sending the expatriate on one ortwo pre-sojourn visits to familiarize themselves with the host culture and workplacenorms even before the actual expatriate assignment begins. An additional implicationis training the host-country workers, particularly those who will work most closely withthe expatriate manager, on home country cultural beliefs and workplace norms. Weaim to stimulate managerial thinking and further research on the workplace conflictsthat challenge expatriates managers. Using the Hofstede and the value orientations cultural models, how can youexplain some of the cultural differences noted in this case? When business consultants and professionals in the field of workplace learning and developmentdiscovered Hofstede’s dimensions, applications began to emerge in many areas. The following aremerely a few examples of how the field has translated the abstract theory into a series of concreteapproaches. In expanding their market to the global level with clear and consistent global brand images acrossnations, marketers are ever confronting the issue of how to deal with different cultural values. Cultural value is identified as an influential factor on brand image and is widely accepted as one of the crucial concepts in understanding consumer consumption value, which determines choices of consuming everyday products and services. Most firms endeavoring to establish and maintainconsistent global brand images, however, adopt a standardized brand image strategy that usuallydoes not consider individual target markets characteristics, including the concepts of cultural valueand consumption value. This study developed a conceptual framework which incorporated culturalvalue not only as a direct antecedent of brand image, but also as an indirect antecedent of brandimage through consumption value, and empirically tested it using the category of apparel. Following this framework, this study hypothesized the differences in brand image, cultural value,and consumption value between the U. S. and South Korea. Data were gathered through surveying university students residing in the San Francisco and Seoul metropolitan areas using a conveniencesampling method. A total of 329 completed questionnaires were used in factor analysis,discriminant analysis, and structural equation modeling. The results provide insights intostandardized brand image strategies and suggest some implementable tools that might proveeffective in both countries. Case 4THE ABB PBS JOINT VENTURE IN OPERATIONWhere does the joint venture meet the needs of both the partners? Where does itfall short? â€Å"One of the most common instances that encourage learning and sharing is culturaldifferences. In the case study involving the ABB PBS Joint Venture the two companiesfound it rather difficult to understand certain cultural differences. These differencesexisted because the managers and employees of the venture were from the post-communist country of the Czech Republic and were new to the structure of a freemarket economy. The venture had a difficult time interacting and understanding theculture of the European nations that they were conducting business with. To facilitatelearning and knowledge the managers of the venture had to change the mentality of employees and develop ways to motivate them to reach the goals of the company. (â€Å"The ABB PBS Joint Venture in Operation†)† What lessons one can draw from this incident for better management of technology transfers? Technology transfer is the process of developing practical applications for scientificresearch. It is a term used to describe a formal transfer of rights to use andcommercialize new discoveries and innovations resulting from scientific research toanother party. It is, regrettably, not uncommon to find big companies and major industrial concernsin the developed countries turning a blind eye to the ethical questions when it comesto technology transfer. The need to show profits, the desire to please shareholdersand the compulsion to transfer technology to the South, whatever the outcome, haveblurred the vision and concept of fight and wrong. Mahatma Gandhi said the solution in India is not mass production, but production bythe masses. Mass production by organized industry has brought in sophisticatedtechnology and militant trade unions, and has been one of the major factors formigration from the rural to the urban areas. The establishment of small scaleindustries, and better facilities for the rural workers, will ease the tension in the citiesand reduce migratory pressures – but it will mean less profits. This ill-conceived approach has almost destroyed indigenous institutions. Thetechnology input from the developed countries should have strengthened,supplemented and supported the existing, proven structures instead of replacingthem. It has increased dependency on the outside, for spare parts, for expertise and forconsultation, thus controlling and co-opting rather than decentralizing anddisseminating. People forget that what is best and most sophisticated could easily bea ball bearing on bullock cart wheels, or a simple set of hand tools for villageblacksmiths. ————————————————- Top of Form Search Bottom of Form Search History: Searching†¦ Result 00 of 00 00 results for result for ? p. How to cite International Biss, Essay examples

Help Me Get Into College free essay sample

A bright and intelligent girl whose dream has always been to help people. Well that’s me. See my dreams and aspirations even as a young child was always to help people and or the community. It started when I would sit outside from hours on end watching my vet tend to my horses needs, or when I would see a hurt bird I would try to catch it and help it, or even to my siblings when they would hurt themselves I would call myself being a doctor and putting on band aids for them or wiping their cuts. See all this triggered a long lasting passion for nursing. In the nursing field I’m aware of the demands and the responsibilities, and long hours which lead to dedication. All this consists of having leadership, self motivation, and a sincere kind heart. I have recently jumped right in to an internship/current job at a senior living facility. We will write a custom essay sample on Help Me Get Into College or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page This allows me to have one foot in the door towards geriatric nursing. I believe not only am I a leader but I am self motivated. I am a leader because I have shown over the past years that I can participated in sports, 4-H, internship, and be a full time student in high school and still manage to have a positive life outside of all this. Not only do I participate in FFA, but I am an active member in my American Legion Post 264 for going on eight years now. These specific opportunities all have given me a gateway to success, and showing real heart in things. And to help people for the sake of love and compassion not for the benefits you get from it. All I can say is that all this helped me to become a well rounded person. That’s why I have come to a conclusion that a four year college would be one of the best things for my career and education.Then I’m asked this question, of â€Å"What will I do with my one wild and precious life?† This quote is from a wise woman name Mary Oliver who was a poet full of wisdom and generosity but to me when I see this I think to myself and it means a lot because not only does a person have some kind of precious life but they always will have some type of trial and or tribulation that could affect them on their way up, no matter how big or small it could be. I can witness this first hand, because I have had to experience problems growing up. But through it all I have really found a strong love for helping people, so over the years I have started putting my dreams into play and what I have concluded is that I would like to get my masters degree in geriatric nursing. This means that I will first get my associates, and then right after go for my bachelors and then staying determined and focused I will get my masters. And then who knows, possibly fathering my education and becoming a doctor. But all in all with my one precious life, I plan to live it to the fullest accomplishing all my goals one step at a time. And when I say to the fullest it’s because I would love to attend a four year college. Not only do I feel I would get the best education but I feel that the atmosphere will allow me to focus and understand many things but yet still have a home to come home to if needed. I just ask for the chance to show my skills and good morals and values that can be a huge asset to any school. Not only will I contribute to the success rate of the school but I feel it can benefit me in the long run.So in the end I believe going to college is the right way to go. I feel that you will be making a way out of no way for a young girl like me. You will allow me to maintain my living status with my family and familiar room to come home to and yet still help me be successful. Thank you for taking the time to consider me.