Thursday, October 31, 2019
Your choice Term Paper Example | Topics and Well Written Essays - 2000 words
Your choice - Term Paper Example Social security was introduced in the United States through the enactment of the Social Security Act on August 14, 1935.1 The Act was conscripted during President Franklin Roosevelt term as the Presidentââ¬â¢s Committees on Economic Security that was under Frances Perkins. The Act attempted to limit what were seen at the time as the dangers in modern America life that include poverty, unemployment, old age, fatherless children and the encumbrance of widows (Levitan & Levitan, 2003). When President Roosevelt signed the Act into law, he became the first President to support for federal backing for the aged in the society. The Social Security Act if there would be benefits to the retirees and the unemployed as well as a lump-sum benefit when a person had died. The Act also provided money to states to give assistance to the ages under Title 1, unemployment insurance, Title III, public health services Title VI, Maternal and Child Welfare Title V and Aid to families with Dependent Children under Title IV. Various arguments were introduced as to the manner in which the programs benefit would be funded.2 Some of the people believed that the individuals should be funded by using contributions that the individuals had made over the course of employment or careers. While other indicated that using this method would be disadvantage to the people who had begun their career at the time when the program was being implements. This is because they would not have adequate time to accumulate their benefits. Additionally, Social Security was controversial because many of the opponents believed that if the Act was implemented them many people would lose their jobs. The opponents also indicated that the proposal to implement social security would amount to socialism this is because most women and minority groups were excluded from the benefits of old age pensions and unemployment insurance.3 The proponents of the Act or Social Security believed that
Tuesday, October 29, 2019
Barrack Obama's Speech at Cairo Essay Example | Topics and Well Written Essays - 1250 words
Barrack Obama's Speech at Cairo - Essay Example Egypt, according to the White House Press Secretary Robert Gibbs, was the best choice since it is a nation, according to the United States, that represented the heart of the Muslim World. This remark was made despite Egypt not being at the ââ¬Å"centerâ⬠of the Islamic world. This was because Egypt besides being considered as playing an integral role in the process of peace making in the Middle East, it was also the best choice of delivering the speech, since it is the major recipient of the American military as well as the economic aid. However, if Obama were to make his speech today, Egypt would have been his last choice. This is because of the recent revolution that took place in overthrowing Mubarak from power. Many reporters such as Ross Colvin of Reuters asserted that the speech was an avenue of mending the relationship that existed between the United States and the Muslim world, which was considered to be severely damaged during the tenure of George W. Bush. In his speec h, Obama centered on six major issues. This paper is going to highlight personal opinion on which of the six was the most important and whether Obama made convincing remarks. Main Highlights of the Speech In his speech, Obama advocated for mutual relations and understanding between the Muslim world and the west, by suggesting that the two entities should be at the forefront in facing violent extremism. Obama acknowledged the fact that there existed tensions between the United States and the Islamic world, which were rooted in historical forces. According to him, the Muslim world and the United States had enjoyed centuries of co-existence as well as co-operation. However, they also faced a lot of conflict of interest and religious wars. In this opportunity, Obama yearned for peaceful co-existence between Israelites and Palestinians. In this regard, Obama vividly affirmed the alliance that the Americans had with the Israelites, which he referred to as an unbreakable bond. Additionally , he was uncomfortable with the aspect of statelessness that prevailed in Palestine by terming it as being intolerable. Consequently, Obama recognized the Palestinian aspirations for attaining a stable state that enjoy dignity and legitimacy, which he figuratively equated to the Israelââ¬â¢s desire for a Jewish homeland. As pinpointed earlier in this paper, Obamaââ¬â¢s speech was subdivided into six main areas that included violent extremism, the dispute between the Palestine and Israel, nuclear weapon, religious freedom, rights of women as well as economic development. According to me, of the six main areas of his speech, the main aspect was that of violent extremism. This is because almost all other points of the speech can be channeled towards violent extremism. For instance, the dispute between the Palestine and Israel, nuclear weapons, religious freedom and rights of women can all be summed up to lead to violent extremism. Obama tackled this issue categorically in the spe ech by advocating for a level ground between the Muslims and the United States. He commenced by giving a quote from the Quran that calls for Muslims to be conscious of God and to always speak the truth. The issue of violent extremism, according to me, was an important aspect because it affects almost
Sunday, October 27, 2019
The Culture Of Creativity And Innovation Commerce Essay
The Culture Of Creativity And Innovation Commerce Essay Creativity and innovation are two inherent qualities human possess that may not be embedded in each and every individual. An organization acquires staff and individual with various different attributes. However, creativity, for one, may not be amongst their major attribute. I believe that it is not easy for an organization to create a culture of creativity and innovation in an organization due to the diversity among members and the organizational identity but it is not impossible either. Depending on the existing organization culture with an evolving organizational identity and using proper language and discursive elements to bring cultural incrementalism, a culture of creativity and innovation in an organization is achievable. A culture of creativity and innovation in an organization can be created by providing staff of the organization proper understanding of the goals and objective and creating an environment to try new ideas and the right to freedom and get support. I believe that simply implementing theories to an organization wont make it creative or innovative. In order to create a culture of creativity and innovation in an organization, the organization needs to understand the behaviour of the people and needs to be open to new ideas and the changes these ideas generate. In this essay, I have tried to focus on implementing culture of creativity into organizations whilst evaluating existing organizational structure and culture. All the theories discussed and argued will be based upon creativity for an organization. The Weberian Thought and Taylorism along with models of organizational structures have been analyzed to understand how people are provided with authority and how they behave in an organization. HAS and IS approach has been compared alongside Darwins Theory of Evolution to put light into the theory of creativity. In order to implement a new concept of creativity and bring change, Kanter, Stein Jicks Big 3 Model of Change and Lewins Model for organizational change has been compared and contrasted. Organizational Culture is an outcome of cultural processes at work in a particular setting and focuses on people and the shared meaning within them. An organization with a strong culture may find it difficult to adapt with changes. If they want to bring a culture of creativity then the organization may find it hard to cope with it. A strong culture will have people with commonalities and may lack diversity which is essential in generating new and different ideas. However, subcultures can exist in such organization with strong culture which may bring creativity as a result of diversity. Such divisions are responsible for giving a different option or a direction to the organization which can result to new frontiers. Diversity is an integral element of an organizations culture. A manager has to be aware of the differences that exist among various employees working in the organization. People in an organization do not always come from the same background. A manager needs to be aware of the differences between the employees in order to create a friendly working environment. Organization, today, has come a long way from the classical approach of Max Weber (Bureaucracy and rationality) and F.W. Taylor (Division of Labour and Scientific Management). Humans are appendage of industrial machines. Humans can be programmed to perform according to loads, pace and fatigue-Max Weber. In order to establish a creative culture, people need to be given freedom to think and work. Webers theory will bring restrictions on the way people think and work by comparing human with machines. Similarly, Taylors Scientific Mangement theory suggests that certain knowledge, belief needs to be predetermined to create a culture. However, creativity cant be moulded by certain rules and regulations. In such a case, the result would not be original and hence, not creative. Darwins Theory of Evolution states that culture is a process of cultivation, i.e., the improvement of human condition which helps create a creative culture as it focuses on betterment of the human condition. Similarly , HAS and IS Approach provides further light towards organizational culture. HAS approach states that culture is constructed by basic assumptions where as IS approach starts from a clean slate where culture is not defined which can help the creativity flourish as there are no boundaries that needs to be met by the people. In recent times, a symbolic-interpretative approach or a postmodern approach is more popular where people and their behaviour are given importance and actions carried out based on them. A symbolic-interpretative approach would create meaning by associating with human through shared values, traditions and customs whereas the Postmodern approach is where managers are artist in themselves who are open to new ideas and based upon these knowledge and understanding come up with a new perspective with reference to the past. The diagram below shows different elements which collectively form a culture. In order to create a creative and innovative culture in an organization, all the elements need to embrace creativity and work accordingly. Creativity injected in these elements will eventually exude the creative culture of the organization. An artifact who would like to be a symbol of the organisation Organizational structure shows the relationship between members within the organization and the distribution of responsibilities and ultimately power. An organizational structure doesnt necessarily influence the organizational culture. An organization may have a strong, bureaucratic culture or a creative culture regardless of the hierarchical structure. In large organization such as Apple, a creative culture exists despite a hierarchical organizational structure. However, creativity needs to fulfil the goals and objectives of the organization and proper communication is necessary between the staff and the managers. So, a flat organizational structure would help in better communication and instant reaction to any changes even if the organization has a Top-Down hierarchy. Organizational Control helps to create an order to the activities carried out in an organization but it can affect the creativity of an organization as the essence of creativity is freedom and we know that organizational control is quite the opposite. The level of control needs to be determined in such a way that it wont hamper the creativity of the staff. In order to create a creative environment, the control needs to be decentralized. Even though managers are in charge, the employees need to have space to come up with ideas without being controlled. Page 345, teamwork and a concern with employee creativity. Language in the form of narrative and storytelling is essential in shaping a culture of an organization. Narration is bringing experience or sequence of episodes coherently into language. From stories we derive meaning, knowledge and experience, and as a result, we are able to understand our own and others existence. Narration helps improve communication between the manager and the employee resulting to better productivity. It even helps to improve quality of management and leadership and understand the direction the organization wants to take in the future. Stories can help people understand and get new ideas which will create a creative and innovative environment. People can relate to characters of the narration and learn from the events. For eg, learning about how Steve Jobs, CEO of Apple Computers, works can inspire people to come up with new ideas and be more innovative. Organizational Change occurs when a new system is introduced and implemented. It is not easy to bring change to an organization. Changing any functioning of the organization will have to change the perception and attitude of the people as well. Such changes need to be handled delicately without upsetting any party. Cultural Change in organizations can be of three types: Apparent Change, Revolutionary Change and Cultural Change. Apparent Change adapts while preserving its identity whereas Revolutionary change is brought about by outsiders by destroying old ones and creating a completely new culture. However, if creative culture needs to be created, Cultural Incrementalism is a good choice. It incorporates the old culture from narratives along with new ideas to come up with a new culture. In our case, changing the way the people work by providing more freedom or brainstorming and discussion sessions incorporated in an existing culture results to cultural incrementalism and hence, a cre ative culture. There are various theories on how change can be managed. Lewins Model: Unfreezing, Change, Refreezing is one of the most popular theorys for managing change in an organization. However, we are focused on changing the culture into a creative culture. For this purpose, Big 3 Model of Change is appropriate rather than Lewins Model. Lewins Model is effective but it focuses more on the manufacturing and operational side of the organization and doesnt take into account the human perspective. It plans and directs change. However, creativity in an organization cant be planned or directed. Big 3 Model of Change focuses on change can be managed by responding, harnessing and provoking change. According to this model, there are three forces of change: Macroevolutionary (Environmental Level), Microevolutionary (Organisational Level) and Political (Individual Level). This model has been criticised to be too broad but due to its inclusion of behaviour of people at different level and responding acc ordingly, makes it a better option towards managing change than Lewins Model. While creating a creative and innovative culture, a manager should not stray away from the identity of the organization. A creative culture may not be suitable for all types of organization. The working environment needs to be understood before changing or creating a culture and the change needs to align with the identity of the organization. For eg, In a Cafe, creativity has very less to do. The employee has to perform task that is routine and there is no room for improvement in terms of creativity. The identity of the cafe is to provide good service to customers. Albert and Whetten beleive that organizational identity has central, distinctive and enduring features. However, Gioia, Schultz and Corley argue that the organizations identity is fluid and not stable. Balmer emphasises on using evolving rather than enduring because these school of thought believe that even the organizational identity doesnt always remain the same and keeps on evolving with time and environment. Culture an d Identity of an organization go hand in hand and Michael Wood has stated, Identity is not something genetic, safe and secure. It is shaped by history and culture: it is about group feeling; allegiance to the state, but in an open society that can be wide and inclusive. It is always in the making and never made. So, if the organization needs to create an innovative and creative culture, the identity can be moulded accordingly. Example: Creative Industry of Jewellery Design. I interviewed a friend, AKG, who assists her father in a family business in Kathmandu, Nepal. The organization is a family business which is basically a jewellery design outsourcing company for various jewellery shops in Kathmandu. The organization was started by her grandfather 34 years ago, to employ people with a passion for their art-jewel crafting while utilising their abilities to their benefits therefore benefitting the organisation. The people hired were people that were fired by her grandfathers friends because they didnt craft the jewellery according to the specified designs. This gave her grandfather the opportunity to bring the best out of his employees in terms of creativity who believed that happy people make better employees. The organization has AKGs father as in-charge and 14 artisans who were hired by her grandfather. These artisans are responsible for coming up with ideas or working on ideas provided to them by the clients. The designs or ideas from clients are translated to the artisans as some are stories and some are an old piece and brainstorming sessions are carried out to understand the story more deeply. Then this raw idea is given to all 14 artisans along with the old piece or the story. They translate it however they think is best. So, by the end of the time given, AKG and her father along with the 14 artisans come together, discuss and look through all the designs. Then, among the 16 people, voting is carried out and sometimes there is a clear winner. However, at times all the 14 translations are sent to the clients to pick the best which makes it much simpler and the winning craftsman receives 35% of the sales proceeds! All 14 artisans work in the workshops at their home. They work separately and each idea and design is unique. They joined this family business because they were able to express themselves and not work under any restrictions. Before, they had to design what was told by the client or the owner and their own idea would not be given value. But now, they can use their creativity and imagination and work on the designs providing a style of their own. However, despite giving these artisans freedom to come up with new ideas, the manager says it is important to keep sidelines. AKG says. When you have such a thing, you got to keep sidelines. They cant just go tinkering around with everything. We do encourage creativity but its got to be marketable and what we ask of them is to judge for themselves if they would be attracted by the design if they say it in a store. The above example is based on a family business which is different from regular corporations. This firm can be classified as a creative industry due to the nature of work. The organization has a flat structure with the manager looking after the 14 artisans and dealing with clients. Due to the group of artisans working for the company for more than 30 years, a culture has been set on how tasks are carried out. Artisans were hired due to their skills of creativity and with an agreement of freedom to go beyond boundaries and try out new things. Having said that, goals and objectives are predetermined and a basic criterion is set which will fulfil the basic demand of the client. Creativity is the organizational identity for this company and it is reflected in the organizational culture as well. The artisans are able to use their skills without compromising on their creativity. The opportunity to work at their own workshops gives them freedom. Hence, this is an organization based around c reativity of the skilful workers where they are given freedom to come up with new ideas that goes along the story provided by the clients. The added incentive makes the workplace more competitive which will motivate artisans to come up with their best work as per customers requirement. This organization depicts an existing creativity culture which was possible due to the identity that was set when the firm was established. The organizational culture of this firm can be seen as IS approach of the organizational culture as the culture was created and it centred on the creation of meaning. Here, the meaning was freedom to creativity for better satisfaction to the workers. This culture of creativity opposes the Classical approach and Webers Bureaucracy theories. Instead of specialising and setting formal rules and regulations, the artisans were given the freedom to work at their workshops and be creative. So, for a culture of creativity to exist, the organizational structure needs to be flexible and interactive and creativity needs to be an element of the organizational identity. The creative is the place where no one else has ever been. You have to leave the city of your comfort and go into the wilderness of your intuition. What youll discover will be wonderful. What youll discover is yourself.- Alan Alda.
Friday, October 25, 2019
Growing Up Speaking Spanish Essay -- Aria: A Memoir of a Bilingual Chi
Growing Up Speaking Spanish Many people immigrate to the United States from different countries to begin a better life. Once in the American territory, the first step for success is to learn the English language. Richard Rodriguez, the writer of "Aria: A Memoir of a Bilingual Childhood" describes the language decisions he faced as a child: "Outside the house was public society; inside the house was private" (16). The English language is the primary language in the United States, and it must be learned to be able to communicate with the public world. The language that we speak at home is considered to be private because it is only used in the presence of the people we feel comfortable with, our family. Families immigrate to the United States from Mexico to find and give their children a better opportunity to succeed. The children of immigrants who have been raised or born in the United States were able to adapt much faster to the English language. The Spanish language, in the case of Mexicans, is pa rt of our origin that most of us inherit from our ancestors although in the United States many, including me, seem to add a new language, which gives us better opportunities. My parents decided to immigrate to the United States when I was six years of age. As we established ourselves in the United States, my first language was only Spanish. Spanish was the language that I was taught at home, and it was the only language to be spoken at home. Rodriguez describes when he first entered his classroom where he was introduced to a formal English-speaking context, writing that, ?I remember to start with that day in Sacramento-a California now nearly thirty years past-when I first entered a classroom, able to understa... ... In conclusion, learning English was a challenge when it was first introduced to me, but now I have overcome that challenge. I am able to defend myself in the outside public world of English with no shame at all. I now understand how fortunate I am to know another language different from my own. For me, it is important to still have my first language because it is a way to retain the Mexican culture. It is just the way I was raised to believe. Works Cited Malpezzi, Frances M., and William M. Clements. ?Conversation.? Italian-American Folklore. Little Rock: August, 1992. 43-57. Mellix, Barbara. ?From Outside, In.? Writing Lives: Exploring Literacy and Community. New York: St. Martin?s, 1996. 75-84. Rodriguez, Richard. ?Aria: A Memoir of a Bilingual Education.? Hunger of Memory: The Education of Richard Rodriguez. New York: Bantam, 1982. 11-40.
Thursday, October 24, 2019
NPM in the Philippines
The sporadic but effective New Public Management practices in the Philippines as presented by the author may be good catalysts for NPM proliferation and actual practice, but as presented by Vina and Aceron in ââ¬Å"Building the Basicsâ⬠, the small sources of hope often die a natural death due to partisan politics, corruption and in my own opinion, in some areas, violence. The idea of managing the government like a business and treating citizens not as constituents but customers/clients, public administration is therefore mutating from a benefactor which people tend to thank for the service to as a service provider that the clients can claim their rightful service. The appointment of Secretary Robredo to the Department of the Interior and Local Government (DILG) is an effort of the Aquino Administration to have a successful grassroots-level performer and a paragon of good governance to effect change in the national level. I believe that the idea is for a veteran and proven NPM practitioner who understands the local scene can effect change. This strategy has been marred with recent unsavory criticisms of how he handled the DILG, e. g. the Quirino Grandstand Massacre. On Robredo, I believe a DILG Secretary should have a very strong grasp on a wide array of sectors, still, he has to focus on the sector that he is most effective, local administration. His weakness on the other sectors should be complemented by undersecretaries and assistant secretaries to present a competent multi-sectoral leadership. On the privatization efforts of Weihl, if the Philippines will continue to further privatize services, a very thorough study should be made to assure that these companies which will be placed in monopolizing positions, would not be able to abuse that position and further place the Filipino further down the poverty line, e. . Oil Deregulation and Energy Sector Privatization. Though majority of the bureaucracy and the private sector have lost hope in the moral recovery program of the government, I have not. A moral recovery program should go hand-in-hand with the headhunt for corrupt officials to expedite the change process in Philippine public administration. As the saying goes, if we want something weââ¬â¢ve never had before, we should be willing to do something weââ¬â¢ve never done before. ââ¬
Wednesday, October 23, 2019
Cargill vs. Intra Strata Assurance Corporation
1. Whether petitioner is doing or transacting business in the Philippines in contemplation of the law and established jurisprudence; 2. Whether respondent is estopped from invoking the defense that petitioner has no legal capacity to sue in the Philippines; Facts: Petitioner Cargill, Inc. (petitioner) is a corporation organized and existing under the laws of the State of Delaware, United States of America.Petitioner and Northern Mindanao Corporation (NMC) executed a contract dated 16 August 1989 whereby NMC agreed to sell to petitioner 20,000 to 24,000 metric tons of molasses, to be delivered from 1 January to 30 June 1990at the price of $44 per metric ton. In compliance with the terms of the third amendment of the contract, respondent Intra Strata Assurance Corporation (respondent) issued on 10 October 1990 a performance bond in the sum of P11,287,500 to guarantee NMCââ¬â¢s delivery of the 10,500 tons of molasses, and a surety bond in the sum of P9,978,125 to guarantee the repaym ent of down payment as provided in the contract.NMC was only able to deliver 219. 551 metric tons of molasses out of the agreed 10,500 metric tons. Thus, petitioner sent demand letters to respondent claiming payment under the performance and surety bonds. When respondent refused to pay, petitioner filed on 12 April 1991 a complaint for sum of money against NMC and respondent. Petitioner, NMC, and respondent entered into a compromise agreement, which the trial court approved in its Decision dated 13 December 1991. However, NMC still failed to comply with its obligation under the compromise agreement.Hence, trial proceeded and judgment was rendered in favour of plaintiff ordering defendant INTRA STRATA ASSURANCE CORPORATION to solidarily pay plaintiff the total amount of SIXTEEN MILLION NINE HUNDRED NINETY-THREE THOUSAND AND TWO HUNDRED PESOS (P16,993,200. 00), Philippine Currency, with interest at the legal rate from October 10, 1990 until fully paid, plus attorneyââ¬â¢s fees and the costs of the suit. On appeal,the Court of Appeals held that petitioner does not have the capacity to file this suit since it is a foreign corporation doing business in the Philippines without the requisite license.The Court of Appeals held that petitioners purchases of molasses were in pursuance of its basic business and not just mere isolated and incidental transactions. Ruling: To be doing or transacting business in the Philippines for purposes of Section 133 of the Corporation Code, the foreign corporation must actually transact business in the Philippines, that is, perform specific business transactions within the Philippine territory on a continuing basis in its own name and for its own account.Actual transaction of business within the Philippine territory is an essential requisite for the Philippines to acquire jurisdiction over a foreign corporation and thus require the foreign corporation to secure a Philippine business license. If a foreign corporation does not transact such kind of business in the Philippines, even if it exports its products to the Philippines, the Philippines has no jurisdiction to require such foreign corporation to secure a Philippine business license.Santiago Cua, Jr. , et al. vs. Miguel Ocampo Tan, et al. /Santiago Cua, Sr. , et al. vs. Court of Appeals, et al, G. R. No. 181455-56/G. R. No. 182008, December 4, 2009. Issue: Whether derivative suit is proper? Facts: Complainants, PRCI stockholders, have opposed the issuance and approval of the questioned resolutions during the board stockholdersââ¬â¢ (sic) meetings, and prior resort to intra-corporate remedies were futile.Complainants asked for copies of the pertinent documents pertaining to the questioned transactions which the board has declined to furnish, thus they instituted the derivative suit in the name of the corporation. They are questioning the acts of the majority of the board of directors believing that the herein petitioners have committed a wrong against the corporation and seeking a nullification of the questioned board resolutions on the ground of wastage of the corporate assets.Ruling: It is well settled in this jurisdiction that where corporate directors are guilty of a breach of trust ââ¬â not of mere error of judgment or abuse of discretion ââ¬â and intracorporate remedy is futile or useless, a stockholder may institute a suit in behalf of himself and other stockholders and for the benefit of the corporation, to bring about a redress of the wrong inflicted directly upon the corporation and indirectly upon the stockholders.WPP Marketing Communications, Inc. et al. vs. Jocelyn M. Galera/Jocelyn M. Galera Vs. WPP Marketing Communications, Inc. et al. , Issue: Whether the NLRC has jurisdiction over the dispute? Ruling: Galera being an employee, then the Labor Arbiter and the NLRC have jurisdiction over the present case. Article 217 of the Labor Code provides: Jurisdiction of Labor Arbiters and the Commission. (a) Except as oth erwise provided under this Code, the Labor Arbiters shall have original and exclusive jurisdiction to hear and decide x x x the following cases involving all workers, whether agricultural or non-agricultural: 1. Unfair labor practice cases; 2. Termination disputes; 3. If accompanied with a claim for reinstatement, those cases that workers may file involving wages, rates of pay, hours of work and other terms and conditions of employment; 4.Claims for actual, moral, exemplary and other forms of damages arising from the employer-employee relations; 5. Cases arising from any violation of Article 264 of this Code, including questions involving the legality of strikes and lockouts; 6. Except claims for Employees Compensation, Social Security, Medicare and other maternity benefits, all other claims, arising from employer-employee relations, including those of persons in domestic or household service, involving an amount exceeding five thousand pesos (P5,000. 0) regardless of whether accomp anied with a claim for reinstatement. (b) The Commission shall have exclusive appellate jurisdiction over all cases decided by Labor Arbiters. (c) Cases arising from the interpretation of collective bargaining agreements and those arising from the interpretation or enforcement of company personnel policies shall be disposed of by the Labor Arbiter by referring the same to the grievance machinery and voluntary arbitration as may be provided in said agreements.In contrast, Section 5. 2 of Republic Act No. 8799, or the Securities Regulation Code, states: The Commissionââ¬â¢s jurisdiction over all cases enumerated under Section 5 of Presidential Decree No. 902-A is hereby transferred to the courts of general jurisdiction or the appropriate Regional Trial Court: Provided, That the Supreme Court in the exercise of its authority may designate the Regional Trial Court branches that shall exercise jurisdiction over these cases.The Commission shall retain jurisdiction over pending cases in volving intra-corporate disputes submitted for final resolution which should be resolved within one year from the enactment of this Code. The Commission shall retain jurisdiction over pending suspension of payments/rehabilitation cases filed as of 30 June 2000 until finally disposed. The pertinent portions of Section 5 of Presidential Decree No. 02-A, mentioned above, states: b) Controversies arising out of intra-corporate or partnership relations, between and among stockholders, members or associates; between any or all of them and the corporation, partnership or association of which they are stockholders, members or associates, respectively; and between such corporation, partnership or association and the state insofar as it concerns their individual franchise or right to exist as such entity; c) Controversies in the election or appointments of directors, trustees, officers or managers of such corporations, partnerships or associations.Facts: Galera, worked in the Philippines with out a proper work permit but now wants to claim employeeââ¬â¢s benefits under Philippine labor laws. Leslie Okol vs. Slimmers World International, et al. , G. R. No. 160146, December 11, 2009. Issue: The issue revolves mainly on whether petitioner was an employee or a corporate officer of Slimmers World. Ruling: Section 25 of the Corporation Code enumerates corporate officers as the president, secretary, treasurer and such other officers as may be provided for in the by-laws.In Tabang v. NLRC, the Supreme Court held that an ââ¬Å"officeâ⬠is created by the charter of the corporation and the officer is elected by the directors or stockholders. On the other hand, an ââ¬Å"employeeâ⬠usually occupies no office and generally is employed not by action of the directors or stockholders but by the managing officer of the corporation who also determines the compensation to be paid to such employee.Facts: Okol filed a complaint with the Arbitration branch of the NLRC against Sl immers World, Behavior Modifications, Inc. and Moy for illegal suspension, illegal dismissal, unpaid commissions, damages and attorneyââ¬â¢s fees, with prayer for reinstatement and payment of backwages. The labor arbiter ruled that Okol was the vice-president of Slimmers World at the time of her dismissal. Since it involved a corporate officer, the dispute was an intra-corporate controversy falling outside the jurisdiction of the Arbitration branch.
Subscribe to:
Posts (Atom)