Tuesday, January 28, 2020

Issues with Cadburys Workforce

Issues with Cadburys Workforce One of the most important workforces issues that Cadbury has to tackle after the Krafts takeover will be the psychological contract and the employee engagement, thus, the fundamentals issues this paper work address are; explores some of the most important external and internal influences and business pressures that Cadbury is facing now, recommending the most appropriate strategic responses and describing some of the key Human Resource issues that the company have to bear in mind during the whole process of this transition. Secondly, this essay does a depth analyses of how Cadbury should tackle their psychological contracts issues, through a fully understanding of the workforces expectations and beliefs towards the Cadburys new employer, generally these expectations are out of the formal or legal contract, which means they are unwritten and unspoken but they still play an important role during this takeover. In addition to the psychological contract, this essay also explores another important issue in this takeover which is the employee engagement, this engagement generally is something given by the employees to the company which shows their commitment, effort and dedication, using the best of their capabilities to achieve the companys goals, therefore, this paper studies how Cadbury should make an appropriate adoption of the employee engagement concept bringing a tremendous vantage for the company. 216 words STRATEGIC FRAMEWORK Business Pressure Cadburys company was built nearly two hundred years ago in Birmiham Great Britain, where during whole these years the company has stood up of the crowd for its chocolates quality and has even been awarded for the British Queen in February 1984 (Cadbury 1) Cadbury has also launched some chocolates which have became in a totally British iconic, chocolates bars such as wispa, which was first launched in 1981 and the creams eggs which sell around two hundred million units every year in the UK, and the Dairy Milk which was first launched in June 1905 and has become a mega well-known brand in many different varieties around the world (Cadbury 2), All these products and much more, have made that Cadbury become nowadays the second most engaging brand in the UK, according to a study made by the agency Hall Partners (2010), this study measures how the British people are engaged with brands and analyse how do they feel and think about it. The study reveals that Cadbury is a UK proud brand that British people love; as during whole these years, Cadbury has built a strong relationship with its customers and products in a consciously and unconsciously way. http://www.netimperative.com/news/2010/february/cadbury2019s-and-google-top-uk2019s-10-most/view Hence, taking into the account all these historic facts of Cadbury, it seem obvious that after the announce of Krafts takeover, a huge business pressure had grown all over UK regarding to continuation of the workforces inheritance , the maintaining of their manufactories in UK and the loss of jobs seems to be the most complicated business pressure. As a complement, after the acquisition of Cadbury in  £11.9 billion, Kraft is on  £7 billion debt, and to be able to solve this issue Kraft has created a saving plan of  £450 million a year (The Guarding 3) to pay off all its debts to the Royal Bank of Scotland, which ironically is 84% owned by the UK Government, which means that the UK government has borrowed the money to sell out one of the most engaging British companies. http://www.cadbury.co.uk/cadburyandchocolate/ourstory/Pages/ourstoryFlash.aspx#/1941_1980/product/1971_creme_egg (2) http://www.cadbury.co.uk/cadburyandchocolate/ourstory/Pages/ourstoryFlash.aspx#/1820_1860/product (1) http://www.guardian.co.uk/business/2010/mar/04/cadbury-kraft-union (3) http://news.bbc.co.uk/1/hi/8470776.stm (4) Strategic Responses Seems to be a very tough task, to set a good and appropriate strategic response, after all these enormous business pressures that surround Cadbury, hence, Kraft should start doing a deep analyses of each one of the business pressure, covering the customers and workforces expectations, to fully understand the whole context. Once exist a better understanding of the whole picture, Kraft should be more likely to face these business pressures in a more efficiently and appropriate manner, setting up the best possible strategic responses to tackle the whole problem. However, bearing in mind that my understanding of the whole picture will never be as deeper as the one Kraft could achieve inside their world, my best possible strategic responses should be keeping their pledges, showing the commitment and interest of Cadburys new owners to the workforce, doing the best of their capabilities to keep the social and ethical values, analysing the business strategic and vision of the company. On the other hand, UK Government should do everything they can, to ensure the jobs are kept in UK after the Krafts new acquisition, however the Cadburys Chairman has admitted that jobs loss are unavoidable as a consequence of the big acquisitions price of  £11.9 billion (The Indepent 2010 5), but as strategic response to this issue, Kraft should make a further investment in better technology machines to increase the productivity and reduce their overhead costs more efficiently without the need to make jobs redundant. http://www.independent.co.uk/news/business/news/takeover-will-mean-job-cuts-says-boss-of-cadbury-1873155.html (5) HRM Factors; possible impacts There are many numbers of possible HR impacts in this unexpected and unwelcome Krafts takeover, the first of them, is one of the most common HR impacts which takes place in most of the takeovers, these are the workforces strikes, which are already happening in Cadbury, the employees are desperately seeking for a plan or a law from the UK government which secure their jobs and give them work stability. Secondly but not less important, as consequence of this unwelcome takeover, Cadburys workforce might change its attitude and loyalty towards the company, creating a stressful and uncomfortable workplace environment for everybody, leaving as a result, a depth impact in the productivity of the company. Additionally to the job instability, lack of support from the companys new owner and stressful environment, all these issues could make that the best workforces men remaining in the company, decide to jump out of the ship before the company decides to throw them out. Lastly, the workforces future expectations, beliefs and principles might also change towards the company, meaning a partial or total loss of the engagement from the employees which could easily lead a collective decrease in the productivity. HRM Strategic to tackle As HR strategic, one of the first issues to tackle should be to build a much healthier workplace environment to the wellbeing and productivity of all the company, however to be able to solve this issue the strategic should starts improving the lack of communication between all the workforce, making ice-breaking session involving all manager and plant workers. On the other hand, the HR strategic, should also look at the terms and conditions of the workforces formal contracts, giving additional benefits, securing their jobs stability to all the workforce or at least the best workers and lastly making periodically reviews of their salaries and their current position in the company, all these incentives are with the aim of create a better perception of their psychological contract and get back the employees engagement. As a complement and improvement of the psychological contract perception, the company should also invest in their employees, giving them special training and special support wherever needed, earning also some of the trust which has been lost during this whole process. In support of the business pressures, strategic responses and HRM factors mentions above, the table below shows a strategic framework as develop by Sparrow and Pettigrew to complement the main points which have just been described, this framework shows some of the external influences issues and business pressures that Cadbury is currently facing after Krafts takeover, highlighting the most strategic responses and the HRM factors to my point of view. Business Pressure Strategic Responses HRM Factors Cadbury Now UK Prime Minister has done nothing to secure the Cadburys jobs Takeover will lead to a collective jobs redundant and losses at Cadbury as part of the annual cost saving plan of  £450 millions Public and government concerns about maintaining social, ethical values, and inheritance of Cadbury Customers value and expectations towards Cadburys product may change specially within UK Lack of trust between Cadburys new owners and Cadburys employees A massive disappointed from the UK citizens regarding to the money that RSB bank has lent to Kraft to takeover Cadbury Agreement between Cadbury and UK Government to maintain the Cadburys workforce Better technology machines should be used to increase the productivity and reduce the costs efficiently Show the commitment and interest of Cadburys new owners to the workforce, doing the best of their capabilities to keep the social and ethical values, analysing the business strategic and vision of the company. Keeping promises up to the workforce and showing them that the company really cares and worries for its employees POSSIBLE IMPACTS Possible strike from Cadburys workforce Insufficient support from the Company to the workforce, deteriorating the communications Hidden pressure that managers are not aware of The workforces attitude towards their work activities may change, leaving an impact on the company productivity Stressful work environment Employees concerns about jumping ship and their future career within the Cadbury Cadbury in the Future The UK Government cannot do legally anything to stop the massive fires; they were only concern about their votes There are not hopes that anything will change for the better as result of the takeover The takeover brings a deeper financial crisis for UK Government concern about lack of investment from Cadbury Kraft in UK The maintaining of the Cadbury manufactories in UK The inheritance of Cadbury have come to the end Make an aggressive marketing camping to show everybody the benefits, the takeover has brought To expand the manufacturing production along UK, Create a strategic plan to help sustain the inheritance of Cadburys workforce families HRM STRATEGIC TO TACKLE Restructure the workface of the company Create a healthy workplace environment for the employees wellbeing and productivity of the company Retain the best employees of the Company ensuring them long-terms stability Maintain terms in staff legal contracts (e.g. pension schemes) Revise recruitment policies (to retain existing staff + attract new talents from outside) Introduce training + long-term benefits for commitment of existing staff Conduct ice-breaking sessions for new managers and employees to build positive relationships 1470 words Management of the Psychological Contract and Employee Engagement The management of the psychological contract and employee engagement is one of the areas how Cadbury could tackle its challenges in strategic people management; however to be able to tackle it appropriately, first is essential some degree of understanding of what a psychological contract and what employee engagement is. Psychological Contract There are many different definitions of what the psychological contract is; this concept was first introduce by Argyris, C. (1960), to refer to the different expectations that the employers and the employees have out of the formal contract, since this concept was introduced, many writers have attempted to modify and refine it. At a general level, the concept of Psychological Contract refers to a voluntary agreement between the employee and the employer in exchange of compensations (Rousseau, D. Schalk, R. 2000), in this voluntary agreement, each party, held a number of commitments and beliefs, those beliefs can take the form of promises, expectations or obligations which are generally unwritten and unspoken in the legal agreement contract, however they still play a critical role as they can be interpreted differently by each party (Osborn Jones 2000). This concept of psychological contract implies that either the employee or the employer can have a different perception of anothers expectations, voluntary commitments, obligations and aspirations which are out of the formal contract of employment (Herriot, P. et al. 1997). Therefore, a certain degree of mutual understanding of the agreement between both parties is essential to achieve each participants goals. (Rousseau, D. Schalk, R. 2000), Employee Engagement This seems to be an easy topic to define and describe, however after some research, the huge numbers of definitions regarding this issue seem to be uncountable, making this topic unclear but at the same time attractive enough to the HR consultancy market, consulting firms, business press and some academics writers. Having said that, one of the most complete definitions I found about employee engagement out there to my point of view is the one by Robinson et al., (2004). A positive attitude held by the employee towards the organization and its values. An engaged employee is aware of business context and works with colleagues to improve performance within the job for the benefit of the organisation. The organisation must work to develop and nurture engagement which requires a two-way relationship between employer and employee. Robinson et al., (2004) has also stated in his work, a set of additional characteristics of the employee engagement, which include a belief in the organisation, and the desire of the employees have to work and make the organisation better, basically the concept Robinson presented in his paper work is about the employees having a bigger picture and a better understanding of the business context as well as keeping up to date with the latest information which concern to his/her field. Relation between the Psychological Contract and the Employee Engagement Having defined the employee engagement as; a positive attitude, behaviour and/or outcome from the employees towards the company and its values, being aware of the whole business context and working together with the colleagues in order improve the performance of the company and gain the best benefits for the organization, and having defined psychological contract as; a set of beliefs which can take the forms of promises, expectations and/or obligations existing in a voluntary agreement between the employee and the employer. It seems to be a straightforward relationship each other definitions. Both definitions are relate to the employer and employee relationship, and the first challenge is to efficiently manage the loyalty and trust instead of dictate the rules by organizations, this relationship is fragile and should not be taken for granted by any of the parties, the second challenge is to keep a healthy relationship for the wellbeing of both participants. http://www.hrmagazine.co.uk/news/features/Opinion/927664/Engagement-depends-clear-psychological-contract-employee-employer/ On one side, the employer expects that their employees always performance to the best of their capabilities, being loyal to the company and understand the whole business context, and on the other hand the employees want to be respected, valued, heard and compensated by the employers, therefore the key issue is to build mutual trust which engage the employees with the employers, always keeping an eye on the psychological contract, which means, keeping clear and understandable expectations for both participants (Wellin, M. 2007) However, Cadbury Previous Psychological Contract Having already analysed the general psychological contracts context, is much easier now to deepen in the previous Cadburys psychological contract, but bearing in mind this contract is a pure metaphoric action, where each participants have their own voluntary commitments regarding to the performance and fulfilment of each other, we can infer that each one of the 45000 UK Cadburys workforce have a different psychological contract, which make this an even bigger scenario to analyse but at the same time a extremely attractive, as based on the records, (reference) it shows that most of UK workforce had a similar metaphoric contract. Thus, is unavoidable raise a fundamental question; How Cadbury former owners made that all the forces underlying the legal agreement of their workforce where so similar to each other and how did they manage to sign 45000 similar psychological contracts where does not even exist a physical document as it is a subjective phenomenon? There are evidences (Morrinson, E. and Robinson, S. 1997) which indicate that the performance of each participants psychological contract is directly proportional to how clearly each participant has spelled out the conditions and exchange of their mutual agreement. This last paragraph makes me conclude that, Cadbury has truly understood this issue and has conveyed its commitments, beliefs, and expectations through their whole workforce, establishing in this way some degree of mutual agreement among its 45000 UK employees. Rousseau, D. Schalk R. (2000) indicated in his work that, when both participants of the psychological contract believe that they owed each other something, is very likely that each one gets whatever they desire. The power of the promises Cadbury seems to have conveyed well its expectations and beliefs, establishing a degree of mutual agreement. However, this might not be enough to unify the similar conditions of the psychological contracts in 45000 employees during 180 years. Is remarkable to note at this point, that all sort of beliefs cannot be taken as part of a psychological contract, what this means is, not all expectations, promises and obligations that arise in the workplace can form part of the psychological contract context, as if this happen the concept itself will be weak enough to utilize as an analytical tool (Convoy and Briner 2005), The challenge here is to identify and clarify, which promises, expectations, and/or obligations can be categorized as part of the psychological contract context, nevertheless, does not exist any concern for this essay to deepen in this subject. Having clarified that, psychological contracts are basically a subjective phenomenon based on implicit promises; promises which do not include any belief derive from other inferences. Despite to what we normally think that promises can only be a verbal action, in the psychological context the promises can also be inferred, and is right there, when it becomes difficult to properly interpret these promises into the psychological contract framework. The two key issues here are; primary, do not set promises in the legal contract which could lead to a future misunderstanding of the employees, second do not take into consideration promises derives from any inferences. Tackling the Challenges of the Psychological Contract Having spelled out the success of Cadburys previous psychological contract, is notorious that Kraft / Cadbury has the key issue to maintain the same psychological contract within the UK workforce in order to manage this takeover in the most appropriate way. Kraft will not enjoy of the current Cadburys workforce commitments until they truly understand its ingrain psychological contract as well as its own culture identity Therefore Kraft / Cadbury, in order to tackle the challenges of the psychological contract in the most effective way, they should firstly, fully understand the drivers of their beliefs and what make the employees engage with the company so tightly, taking into consideration the culture differences. As the saying goes, England and America are two different countries separated by the same language; this is a clear caveat to Kraft / Cadbury does not forget that exist some underlying forces of the legal contract, which could leads or infer to a misunderstanding of the beliefs between both participants and as consequence a disengagement of the workforces commitments. For instance, Kraft / Cadbury could hire an external local brand auditor to investigate the reason(s) of key employees engagement, such as plant employees and/or relevant senior employees with the company and/or the brand itself, this audit should be placed with the aim of understand the whole picture in a much clear scenario, before any action takes place to align the companys psychological contract Once these employee engagements reason(s) are clear and there are not doubts of the workforces beliefs, it is equally essential that Kraft/Cadbury spells out their own expectations towards the future of the company and most importantly, the future of their workforce, this action should be made in the most understandable way, covering the entire negatives and positives beliefs so that the workforce can clearly understand the companys position and deal with it in the same psychological contract context. However, this action of conveying the negatives and positives beliefs towards the company and workforce, does not guaranty that the workforce will accept them and share the same commitments that they were sharing before the merger, but at least it will not create wrong expectations, setting up fair rules during the game. Actions such as the recent announcement of the closing Somerdales factory close to Bristol, (http://business.timesonline.co.uk/tol/business/industry_sectors/consumer_goods/article7022608.ece) losing approximately 400 UK jobs, once Kraft had mentioned that there were not going to be any job cuts during the first six months of the merger, this announcement only creates unrealistic expectations among the workforce towards the company, and being this action the first impression which Kraft has given to their employees of breaking the pledges, it only shows the lack of principles and lack of commitments to keep what they say. These types of actions are the ones which Kraft has to avoid will happen again, after this announcement; it seems to be obvious that the way how Kraft expresses its beliefs and commitments, certainly has not been well understood not only for its workforce but also for all its UK customers and the UK government. Therefore, if Kraft really wants to be engage with their workforce is going to have to work even harder to firstly recover the trust which ever had gained and secondly to rectify the first opportunity which has just spoiled out. CONCLUSIONS

Monday, January 20, 2020

Other views of Sir Gawain in Sir Gawain and The Green Knight :: Essays Papers

Other views of Sir Gawain in Sir Gawain and The Green Knight Below are quotations selected from a number of sources which address the character of Sir Gawain: -------------------------------------------------------------------------------- "In the earliest Arthurian stories, Sir Gawain was the greatest of the Knights of the Round Table. He was famed for his prowess at arms and, above all, for his courtesy. ... Here Gawain is the perfect knight; he is so recognized by the various characters in the story and, for all his modesty, implicitly in his view of himself. To the others his greatest qualities are his knightly courtesy and his success in battle. To Gawain these are important, but he seems to set an even higher value on his courage and integrity, the two central pillars of his manhood. The story is concerned with the conflict between his conception of himself and the reality. He is not quite so brave or so honorable as he thought he was, but he is still very brave, very honorable. He cannot quite see this, but the reader can. The character of Sir Gawain is relatively fixed by tradition; he cannot act very differently from the way he does. In consequence, his character is static--is, indeed, less interesting than that of his adversary, the Green Knight. But it is for other qualities than character interest that Sir Gawain and The Green Knight is valued." (G. B. Pace, 35) From: Clark, Donald, et al. English Literature: A College Anthology. New York: The Macmillian Company, 1960. -------------------------------------------------------------------------------- "We are placed on the side of mortality itself, and can thus, with the Green Knight, forgive Gawain for his single act of cowardice: what he did was done not out of sensual lust but for love of life--'the less, then, to blame.' In the context of this affectionate sympathy, Gawain's own violent anger at the revelation of his fault must itself be viewed with amusement, as part of his human fallibility." (Marie Borroff, Introduction) From: Borroff, Marie. Sir Gawain and The Green Knight: A New Verse Translation. New York: W. W. Norton & Company, Inc., 1967. -------------------------------------------------------------------------------- "Gawain is, naturally, more fully drawn than any other character. Not only do we observe him ourselves, we are told how he impressed other people in the story and how he himself thought and felt. We see him behaving, as all expect him to do, with exquisite courtesy; but we also see what is not apparent to the other characters, that such behavior does not always come easily to him.

Sunday, January 12, 2020

The Maternity Benefits Act

THE MATERNITY BENEFITS ACT, 1961 BY SUSHMA SUDHINDRA 1. OBJECTIVE To regulate the employment of women in certain establishment for certain period before and after child-birth and to provide for maternity benefit and certain other benefits. To provide healthy maintenance of pregnant women employee and her child 2. APPLICABILITY Every factory, mine or plantation(including those belonging to Government) To every shop or establishment wherein 10 or more persons are employed 3. TERMS OF EMPLOYMENT No employer shall knowingly employ a woman in any establishment during the 6 weeks immediately following the day of her delivery or her miscarriage. No woman shall work in any establishment during the 6 weeks immediately following the day of her delivery or her miscarriage. No pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do any work which is of an arduous nature or which involves long hours of standing or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health. The period referred to in sub-section (3) shall be – (a) at the period of 1 month immediately preceding the period of 6 weeks, before the date of her expected delivery; (b) any period during the said period of 6 weeks for which the pregnant woman does not avail of leave of absence. 4. PAYMENT OF THE MATERNITY BENEFITS Every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence i. . immediately preceding and including the day of her delivery and any period following that day. The average daily wage means the average of the woman's wages payable to her for the days on which she has worked during the period of 3 calendar months immediately preceding the date from which she absents herself on account of maternity, [the minimum rate of wage fixed or revised under the Minimum Wages Act, 1948 (11 of 1948) or ten rupees, whichever is the highest]. PAYMENT OF THE MATERNITY BENEFITS No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than 80 days in the 12 months immediately preceding the date of her expected delivery provided that the qualifying period of 80 days aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration. For the purpose of calculating under the sub-section the days on which a woman has actually worked in the establishment [the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages] during the period of 12 months immediately preceding the date of her expected delivery shall be taken into account. PAYMENT OF THE MATERNITY BENEFITS The maximum period for which any woman shall be entitled to maternity benefit shall be 12 weeks of which not more than 6 weeks shall precede the date of her expected delivery provided that where a woman dies during this period, the maternity benefit shall be payable only for the days up to and including the day of her death: Provided further that where a woman, having been delivered of a child, dies during her delivery or during the period immediately following the date of her delivery for which she is entitled for the maternity benefit, leaving behind in either case the child, the employer shall be liable for the maternity benefit for that entire period but if the child also dies during the said period, then, for the days up to and including the date of the death of the child. 5. CONDITIONS FOR CLAIMING BENEFITS Must actually work for 80 days in 12 months immediately preceding her date of Delivery. Should intimate the employer 7 weeks before her delivery date about the leave period. Can take advance payment for 6 week leave before delivery Can take payment for 6 week leave after child birth within 48 hours after submitting the proof. 6. PAYMENT IN CASE OF DEATH OF THE WOMAN If a woman entitled to maternity benefit or any other amount under this Act, dies before receiving such maternity benefit or amount, or where the employer is liable for maternity benefit , the employer shall pay such benefit or amount to the person nominated by the woman in the notice given and in case there is no such nominee, to her legal representative. 7. PAYMENT OF MEDICAL BONUS Every woman entitled to maternity benefit under this act shall also be entitled to receive from her employer a medical bonus of 25 rupees, if no pre-natal confinement and postnatal care is provided for by the employer free of charge. 8. LEAVE FOR MISCARRIAGE In case of miscarriage, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit for a period of 6 weeks immediately following the day of her miscarriage. 9. LEAVE FOR ILLNESS ARISING OUT OF PREGNANCY, DELIVERY, PREMATURE BIRTH OF CHILD, OR MISCARRIAGE A woman suffering illness arising out of pregnancy, delivery, premature birth of child or miscarriage shall, on production of such proof as may be prescribed, be entitled in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of 1 month. 10. NURSING BREAKS Every woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work 2 breaks of the prescribed duration for nursing the child until the child attains the age of 15 months. 11. DISMISSAL DURING ABSENSE OR PREGNANCY (1) Where a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service. 2) (a) The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge of dismissal would have been entitled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus: Pro vided that where the dismissal is for any prescribed gross misconduct the employer may, by order in writing communicated to the woman, deprive her of the maternity benefit or medical bonus or both. (b) Any woman deprived of maternity benefit or medical bonus or both may, within sixty days from the date on which the order of such deprivation is communicated to her, appeal to such authority as may be prescribed, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefits or medical bonus or both, shall be final. (c) Nothing contained in this sub-section shall affect the provisions contained in subsection(1). 12. NO DEDUCTION OF WAGES IN CERTAIN CASES No deduction from the normal and usual daily wages of a woman entitled to maternity benefit under the provisions of this Act shall be made by reason only of – (a) the nature of work assigned to her by virtue of the provisions contained in subsection (3) of section 4 : or (b) breaks for nursing the child allowed to her under the provisions of section 11. 13. APPOINTMENT OF INSPECTORS The appropriate Government may, by notification in the Official Gazette, appoint such officers as it thinks fit to by Inspectors for the purposes of this Act and may define the local limits of the jurisdiction within which they shall exercise their function under this Act. 14. POWERS AND DUTIES OF INSPECTORS An Inspector may, subject to such restrictions or conditions as may be prescribed, exercise all or any of the following powers, namely: (a) enter at all reasonable times with such assistants, if any, being persons in the service of the Government or any local or other public authority as he thinks fit, any premises or place where women are employed or work is given to them in an establishment, for the purposes or examining any registers, records and notices required to be kept or exhibited by or under this Act and require their production for inspection; (b) examine any person whom he finds in any premises or place and who, he has reasonable cause to believe, is employed in the establishment: Provided that no person shall be compelled under this section to answer any question or give any evidence tending to incriminate himself: (c) require the employer to give information regarding the names and addresses of women employed, payments made to them, and applications or notices received from them under this Act; and (d) take copies of any registers and records or notices or any portions thereof. 15. POWER OF INSPECTOR TO DIRECT PAYMENTS TO BE MADE (1) Any woman claiming that maternity benefit or any other amount to which she is entitled under this Act and any person claiming that payment due under section 7 has been improperly withheld, may make a complaint to the inspector. 2) The Inspector may, of his own motion or on receipt of a complaint referred to in subsection (1), make an enquiry or cause an inquiry to be made and if satisfied that payment has been wrongfully withheld, may direct the payment to be made in accordance with his orders. (3) Any person aggrieved by the decision of the Inspector under sub-section (2) may, within thirty days from the date on which such decision is communicated to such person, appeal to the prescribed authority. (4) The decision of the prescribed authority where an appeal has been preferred to it under sub-section (3) or of the In spector where no such appeal has been preferred, shall be final. 5) Any amount payable under these sections shall be recoverable as an arrear of lane revenue. 16. FORFEITURE OF MATERNITY BENEFIT If a woman works in any establishment after she has been permitted by her employer to absent herself under the provisions of section 6 for any period during such authorized absence, he shall forfeit her claim to the maternity benefit for such period. 17. ABSTRACTS OF ACT AND RULES THERE UNDER TO BE EXHIBITED An abstract of the provisions of this Act and the rules made there under in the language or languages of the locality shall be exhibited in a conspicuous place by the employer in every part of the establishment in which women are employed. 18. REGISTERS, ETC. Every employer shall prepare and maintain such registers, records and muster-rolls and in such manner as may be prescribed. 19. PENALTY FOR CONTRAVENTION OF ACT BY EMPLOYERS If any employer contravenes the provisions of this Act or the rules made there under he shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five hundred rupees, or with both; and where the contravention is of any provision regarding maternity benefit or regarding payment of any other amount and such maternity benefit or amount has not already been recovered, the court shall in addition recover such maternity benefit or amount as if it were a fine, and pay the same to the person entitled thereto. 20. PENALTY FOR OBSTRUCTING INSPECTOR Whoever fails to produce on demand by the Inspector any register or document in his custody kept in pursuance of this Act or the rules made there under or conceals or prevents any person from appearing before or being examined by an Inspector, shall be punishable with imprisonment which may extend to 3 months, or with fine which may extend to 500 rupees or with both. 21. PROTECTION OF ACTION TAKEN IN GOOD FAITH No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or of any rule or order made there under. 22. POWER OF CENTRAL GOVERNMENT TO GIVE DIRECTIONS The Central Government may give such directions as it may deem necessary to a State Government regarding the carrying into execution the provisions of this Act and the State Government shall comply with such directions. 23. EFFECT OF LAWS AND AGREEMENTS INCONSISTENT WITH THIS ACT (1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement or contract of service, whether made before or after the coming into force of this Act: Provided that where under any such award, agreement, contract of service or otherwise, a woman is entitled to benefits in respect of any matter which are more favourable to her than those to which she would be entitled under this Act, the woman shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that she is entitled to receive benefit in respect of other matters under this Act. (2) Nothing contained in this Act shall be construed to preclude a woman from entering into an agreement with her employer for granting her rights or privileges in respect of any matter, which are more favourable to her than those to which she would be en titled under this Act. QUESTIONS Thank You!!!

Friday, January 3, 2020

Oliver Wendell HolmesView On The Relationship Between The...

A substantial debate regarding the law’s relationship with morality exists within the legal system. This debate gained new perspective when Oliver Wendell Holmes published The Path of Law in 1897. This work outlined Holmes’ view on the relationship between the law and morality. This paper will first consider whether or not Holmes believed that a writing must be moral in order to constitute a law. Next, the paper will explore my general agreement with Holmes’ view on this matter. Then, the paper will consider the best objection to my agreement with Holmes, and reply to that objection. Finally, the paper will end by drawing conclusions from the discussion of the relationship between morality and law. In this paper, I will argue that Holmes†¦show more content†¦These predictions are often guided by past legal decisions (Holmes, 183). This view of the law compliments Holmes view of the purpose of the law, as both are pragmatic approaches. With a solid unders tanding of the nature of law according to Holmes, one may now determine whether or not Holmes viewed morality as a necessary condition for a writing to be considered a law. Based on the nature of the law outlined by Holmes, one can conclude that Holmes did not believe that a writing must be moral in order to constitute a law. As we have seen, the law is nothing more than a mechanism of prediction (Holmes, 184). Moreover, a writing does not have to be grounded in morality in order to be considered a law, it just has to play a role in the prediction mechanism. Holmes goes so far to say that moral language confuses the distinction between morality and law (183). Furthermore, he says that he â€Å"often doubt[s] [whether] it would not be a gain if every word of moral significance could be banished from the law altogether† (Holmes, 185). This is in spite of the fact that Holmes notes that the law â€Å"tends to make good citizens and [morally] good men† (183). Moreover, Holmes also states that the law shows us the history and progression of morality in humans (183). These two facts show that Holmes’ view of the law leaves a role for mora lity to play. More specifically, knowledge of the culturally accepted morality of the day