Reform of China's Labor Market

Introduction

The China’s labor market has been evolving into a more sophisticated labor force from the previous mass of huge unskilled labor. The transformation in this labor market over past few decades has been focused on a market-driven system which has also been experiencing massive economic reforms in the country. The labor market reform is best understood after reviewing the changing nature of urban and rural economies whose segregation was enhanced by the household registration system (hukou)  enforcement where those people who are born in rural areas engage in agriculture (non-agricultural houku ) and those who born in cities were referred to as non-agricultural hukou. In the cities, life-time employment was assigned by the state which also determined the wages while in the rural areas, commune-based production system determined employment and wages.  With economic reforms beginning in 1970’s, the need for reforms on the labor market started arising as more skilled than non-skilled workforce was being sought. This paper aims at discussing the emergence and continuity of labor market reforms in China and how these reforms have been playing out presently as the nature of market changes to align itself with the standards in the global arena.

In the communist era, all the people who had attained the workforce age were expected to be employed so as to contribute to the common good, and this saw almost everyone who was able being employed. The introduction of economic reforms led to increased labor mobility and changes in incentive systems. The labor mobility enabled many workers choose to work in the urban areas which also increased the likelihood of unemployment, and the effects of this mobility is indicated by the employment –to population ratios (Meng, 2012). The labor market has been on the move ever since with the recent migration to the urban areas being mostly voluntary unlike in the 1950s when migration was largely forced. The migration to the urban centers was mostly driven by the income differential as the people considered that it was likely to gain employment or higher wages in the urban areas than in the rural areas. Hence, in spite of the high urban employment, which stood at 83 to 75 percent for men and women respectively in 1988, the rural people especially continued to seek better employment opportunities in the urban areas (Meng & Kidd, 1997). Initially at the time of urban unemployment, over 100 million rural workers migrated to cities for employment but the unemployment remained fairly low. Currently the, the unemployment in the urban sectors can be attributed to the mismatch between the available jobs and the skills. The younger generation has had to bear the biggest weight of being unemployed although the percentage has been reducing as many of them attain high school and university education. Unemployment has been experienced by the older workers, where for men the employment decline happens in their 50s while for women, it occurs at their 40s (Meng, 2012). Many of those adults who lost jobs were victims of economic restructuring, where they left the labor market after being discouraged.   

The China’s economic system reforms have made it possible for development of labor market. The Ministry of Labor made a proposition in 1994 that the labor system reforms would be promoted so that to slowly establish a labor system that suits the market economy demands (Seeborg, Jin, & Zhu, 2000). This has led to the emergence of a labor market which is market oriented over the past few decades. Due to these reforms more laborers are being distributed through the market system so that this system has been having a great influence on how labor is being allocated and adjusted.  For instance, the selection of workers, rural enterprises wages distribution, private businesses and joint ventures are majorly adjusted by the market system (Seeborg, Jin, & Zhu, 2000). Moreover, there is increased expansion in autonomy among the state owned institutions and enterprises so that they are recruiting new employees and distributing their wages.  Many workers are also being offered the opportunity to work in the places of choice and this has led to more and more of them are choosing to be employed in ownership units through the market system (Meng, 2012). As noted earlier, there is an increased mobility of workers especially over the past 30 years and this has been enabled by various factors.  There is a dual track policy which has been adopted, where market is combined with guidance and planning in labor and employment. Another factor is that market system is determining and regulating how the college graduates are distributed, where these graduates are required to look for jobs themselves in the market so that the government is not assigning these jobs as before. There are also issues of demoralized army personnel being able to join the labor market and the introduction of a system of labor contracting (Meng, 2012).  These changes indicates a shift away from the lifetime tenures system whose work incentives could be distorted. 

After the promulgation and implementation of Labor Contract Law, about all the workers enter into an agreement or contract with their employers. This implies that employers and employees have the chance to sign or dissolve their contract freely and this leads to increased human resources mobility in China. Presently, organizations have the freedom to recruit new management from the labor market and the managers have the freedom to move across regions or sectors.  Hence, a major reform that has been experienced in China’s labor market has been allowing the market system to determine the distribution of labor based on needs of employers and the skills of the workers which serve the need of the economy. If the market was to remain constrained, there would be breaking of the direct connection between labor productivity and human capital. If firms are unable to recruit or dismiss workers at will, it would be difficult to deal with shirking. In addition, if workers are unable to make choice on which jobs to take, they may end up on jobs that do not align with their abilities and interests and this may lead to mismatch between the worker and work functions. This may encourage a shirk behavior in workers.  Hence, without mobility of labor in China, only potential labor productivity may be measured by human capital. The introduction of labor mobility in China has majorly enhanced the productivity of labor force which in turn has led to better performance of both the state – owned enterprises and   private or foreign organizations.

Along with the reform on labor mobility has been the formation of market rates of wages offered to workers. The Chinese authorities gradually got rid of the businesses’ wage allocation policy based on issued command. This has seen various enterprises begin using the wage rates prevailing in the market – enterprise autonomous allocation – with a combination of macro-economic control by the government.  The pricing system, supply and demand and competition in the market are regulating the wage rates in accordance to the kind of work and occupation both in government ventures and private organizations. The state owned organizations and institutions, however, offer wage rates that are affected market rates and government decisions (LIN Yuan & Shaobo, 2014). Employees in the government owned enterprises have the freedom to move to foreign firms which offers higher salaries.  In addition, the enterprises owned by the state are gradually adopting to the wage rates prevailing in the market, so that their senior employees are earning higher salaries .Since some enterprises have accepted the operations of foreign and private firms systems’, they have allowed wages to be determined by the market. Various labor departments publish wage rates in the market so as to assist the state- owned firms to adopt the market-oriented system (LIN Yuan & Shaobo, 2014). These departments have to search in the market to get and provide reference to the firms owned by the government and this enables the adoption of market rate wage system.  The reforms in the wage rates were necessary to fit a competitive world market where people are paid wages that equals their marginal product value. According to the human capital theory, people will naturally invest in personal development through training and education so as to improve on their marginal productivity and hence, their lifetime wages and income (Meng & Kidd, 1997).  This indicates a direct link between variables in human capital and wages.  The adoption of market based wage rates ensures that China’s workforce put to use their total stock of human capital and this discourages people from shunning hard work and determination.  

Over the past few decades there have also been establishment of labor markets intermediate organizations and service outlets. Intermediate organizations form a major part labor market and an important aspect in smoothening operation of the labor market.  Over the last 3 decades labor market intermediate organizations like employment guidance, occupation introduction and arbitration of labor has emerged quickly. For example, there have been about 31,322 organizations offering employment guidance in China by 1996, which have provided such services to almost 90 million people.  A Public Employment Service Organization, which centers for talent exchange and employment agencies represent, has been the most essential part of employment service system in China (LIN Yuan & Shaobo, 2014). These kinds of organizations have expanded their functions from just introduction of jobs to offering career instruction, social insurance, employment training and even personnel services. Another important reform that is in progress is the development of organizations offering arbitration for labor disputes.   The development of these organizations is very important in a free labor market since they help to link the skilled or semi-skilled workforce with available employment opportunities that best suits those (LIN Yuan & Shaobo, 2014). The various organizations are also able to benefit from such developments since they can manage to hire workers who have skills for existing functionality and more so those who can drive productivity and growth.

Another reform in labor market has been the establishment of social insurance system, which has expended its coverage to include collective enterprises, not owned by the state and hence, includes all workers and different ownership systems. The source of funds for such system has shifted from being the sole responsibility of the government or concerned firms to combine contributions by individuals, enterprises and the state (LIN Yuan & Shaobo, 2014).  The pool of insurance has also been increased to the province level which enables a wide pool of social risk sharing. In addition, pension schemes have evolved from government basic pension to one that is provided by firms and employees depository pension insurance (LIN Yuan & Shaobo, 2014).  This enables employees in firms having varying economic profit to enjoy various treatments from social insurance if the employee can attain basic living standard.

 Labor market reforms have also been experience in the rural markets, which had experienced problems of pervasive labor incentive because of work being organized in communes and extreme cases of labor misallocation between urban and rural areas. The various reforms introduced in rural areas include replacing the production teams with households as the fundamental production units, officially increasing prices for agricultural produce and rural products’ markets liberalization. This was done through the Household Responsibility System (Fleisher & Yang, 2003). In fact, the introduction of these reforms offered the right conditions for rural industries booms and played a major role in emergence of rural labor markets. The shift to house-hold based system of farming from communes led to introduction of a link between work effort and compensation and hence, serving a solution to communes, incentive challenges. When the state introduced in the procurement for agricultural produces, there was injection of huge amount of funds into the rural areas, which created demand capital investment funds and industrial products(Fleisher & Yang, 2003).

These reforms introduced in rural labor market enhanced the sale of other products not related to funds and inputs for industries in the rural areas.  The workers are the ones who benefited the most from these reforms since the efforts they put in the production of firm produce could be repaid with higher incomes.  Various government deregulations in the labor market in mid 80s served as the catalysts for quick growth for rural enterprises. The expansion of rural markets meant that households had alternative opportunities for employment and they could seek employment opportunities that offered higher wages across the non-formal sector. The rapid increase of non-farming activities lead to a high growth in income of rural folks as the labor movements in these areas were not restricted to only local jobs.  In recent years, rural- to- rural workforce mobility has seen workers being employed places away from home villages and this represent a component of rural labor forces that is rapidly growing.

Conclusion

The reforms experienced in China’s labor market involves the mobility of labor, rates of wage , emergence of intermediate labor organizations and the pension systems. These reforms have been facilitated by opening of the labor market to the control of market forces, which determines the distribution of workforce and the determination of wage rates.  These reforms have influenced both the rural and urban labor markets, a fact that is seen in increased rural-to-rural and urban-to-rural labor movements. These reforms have provided the workforces an opportunity to choose where to work and the organization to choose the best skills that meets their needs.

Reference

Seeborg[*], M. C., Jin, Z., & Zhu, Y. (2000). The new rural-urban labor mobility in China: Causes and implications. Journal of Socio-Economics, 29(1), 39.

Meng, X. (2012). Labor Market Outcomes and Reforms in China. Journal Of Economic Perspectives, 26(4), 75-102. doi:10.1257/jep.26.4.75

Meng ,X., Kidd,M.,(1997). Labor Market Reform and the Changing Structure of Wage Determination in China’s State Sector during the 1980s. JOURNAL OF COMPARATIVE ECONOMICS 25, 403–421

 LIN Yuan, L., Shaobo, W., (2014). Reform and Challenges in China’s Labor Market.

 StudiesinSociologyofScienceVol.5,3,2014.128-132.Retrievedfrom: http://www.cscanada.net/index.php/sss/article/view/5181/pdf_64

Fleisher ,B., Yang,D.,(  2003).China’s Labor Market Stanford University. Retrieved from: https://pdfs.semanticscholar.org/f69b/738c4938978333a4983e7866517f21e133d3.pdf

Strategic management in nonprofit organization

 Nonprofit organizations need strategic management for them to effectively formulates and implement goals. In addition, nonprofit managers are required to use strategic management frame in order to solve problems and perform tasks needed for organization strength (schirhart & Bielefeld, 2012). A strategic plan is also required in managing the available resources and finds a competitive position. In strategic planning, executives should apply the political frame model. The frame is part of strategic planning in that it provides effective management and distribution of power for organization effectiveness (Renz & Herman, 2016). Nonprofit organizations have diverse interests and beliefs, and political frame helps in managing conflict and building partnership.  In nonprofit organization, politics is the key elements in making decision based on authority and order of power. Political framework becomes part of strategic planning since the frame exposes the conflict which might affect the organization and the possible solutions for solving the opposing interests (Renz & Herman, 2016). Through understanding the conflict of power within the organization; the frame introduces the power of control and balance of power in order to allow all members achieve their goals.  

Renz & Herman, (2016) asserts that nonprofit organization is management by governance and boards. Governance plays a fundamental role in implementing strategic leadership such as making decision, creating policies, monitoring and accountability. Nonprofit boards are structures which play similar roles with governance. Board is involved in strategic planning such as fundraising and managing financial resources. The author introduces the idea of political frame and states that governance not only guides board toward effective leadership but it also joins hands with boards and enters in external environment to search for resources, effectiveness and legitimacy. This means that executives connect the organization events with political arena for the purpose of understanding the effectiveness of executives and how they can achieve the organizational goals.

 According to schirhart & Bielefeld  (2012), political frame  is part of strategic planning in that  chief executives  understands the challenges of organizations and are able to deal with those challenge and manage resources effectively. For executives to achieve a successful strategic plan through political frame, the first important step is to find power. Power is a relational resource and so leaders should have a legitimate power which will influence others on performing their duties (schirhart & Bielefeld, 2012). They also require expert power which helps in understanding the problems by using technical knowledge. Executives should have strategies to control others. It is their role and responsibility to ensure that nonprofit organizational members follow rules and policies for them to achieve goals (schirhart & Bielefeld, 2012). Executives are required to share leadership responsibilities in succession planning.  Through sharing leadership, other leaders will be empowered and gain the needed skills in creating a strong organizational culture.

  In strategic planning, organizations use political frame to manage the conflict of scarce resources. In political frame, executive require conflict resolution skills which will help in making decision on resource allocation. Political orientation helps leaders understand the groups’ interest, apply organizational power as well as external factors in making decisions and polices (Renz & Herman, 2016). Political frame brings an ultimate success of strategic plan in that executives gain knowledge and skills necessary for program service, fundraising and financial management. Executives use the frame to make decision and policies with the help of power relationships (Renz & Herman, 2016). In other words, executives show concern on structural frame and urges members to follow goals and policies in order to achieve expectations.

Reference

schirhart, M., & Bielefeld, W. (2012). Managing nonprofit organizations. San Francisco: Jossey-Bass.

In Renz, D. O., & In Herman, R. D. (2016). The Jossey-Bass handbook of nonprofit leadership and

management.

World Bank

The World Bank was founded in the year 1944 during the Bretton Woods Conference, together with other three institutions which includes the International Monetary Fund (IMF). The World Bank together with the IMF are both headquartered in the capital city of the US, the Washington, D.C (Freestone, 2013).  The two institutions therefore work very closely each other. The bank was commonly known as the International Bank for Reconstruction and Development, but later changed its name to World Bank in order to suit its main objectives of providing financial aid to different countries and private organization in different parts of the world.

The World Bank was founded by multiple people, with Harry Dexter White and John Maynard Keynes being the intellectual founding father. White was a professional economist who worked at the U.S treasury. In the year 1944, he came with a plan for the IMF, a plan which competed with Keynes British Treasury Blueprint. On the other hand, Keynes was a chairman of the Bank commission (Freestone, 2013). This therefore meant that he was entitled to coming up and drafting different plans in order to improve the performance of Banks. However, the two founders died of heart attack shortly after the World Bank and the IMF were founded. The bank therefore started its operations in the year 1946 after its plans were fully implemented. The company was founded in New Hampshire, during the Bretton Woods Conference.

The main goal of the World Bank was to provide financial support to the European countries which suffered during the World War II. In the beginning of 1950s, the bank played a very huge role in financing infrastructural projects in developing countries all over the world. These infrastructural projects include: water, sewage, hydroelectric dams, airports and maritime ports. Currently the bank offers financial support to different countries in Africa, where it offers Scholarships to sub-Saharan countries (Freestone, 2013). In addition, the company also supports electrification programs in different parts of Eastern Africa. Furthermore, the World Bank is currently financing the expansion of harbours in different parts of Eastern Africa, with countries like Kenya and Tanzania being the beneficiaries of the project. This project has therefore seen Kenya and Tanzania undertaking very huge expansion of their ports, thus allowing the anchoring of huge ships, and also improving world trade between the Eastern Africa and the whole World.  

World Bank is currently headed by Dr. Jim Yong Kim who was nominated by the former president of the US president Barrack Obama on March 23, 2012.

International Monetary Fund (IMF)

The International Monetary is an International organization with its headquarters in US, in Washington, D.C. the organizations was founded in the year 1944 during the Breton Woods Conference (International Monetary Fund, 2009). However, it started its operations in the preceding year, 1945, and it had 29 member states whose main goal was to restructure the International system of payment. Currently, the organization plays a key role in managing balances of payments constraints and financial crises internationally. Different countries across the globe therefore contribute funds through a system of payment, whereby if member countries experience problems related to the balance of payment, they can be able to borrow money.

IMF was founded by Harry Dexter White and John Maynard Keynes in the year 1945 during the Breton Wood Conference. IMF was founded at the Mount Washington Hotel, during the Bretton Woods Conference which took place from 1^st July- 22^nd July in the year 1944 (International Monetary Fund, 2009). The main reason as to why the meeting was convened, was to discuss about the regulation of the post war international monetary, and also returning financial order.

IMF is working with sub-Saharan countries, in order to crack down on the trade of illegal diamond and precious mineral trade (International Monetary Fund, 2009). The organization is supporting 16 countries, through providing a technical assistance team, which makes sure that the money received from the trade does not end up in the hands of terrorists. This move has really improved the state of stability in different sub-Saharan nations, since insecurity has been done away with, due to barring illegal mineral trade in the countries. Terrorist attacks levels have gone down in some countries, due to the efforts that the organization has put in place. Terrorist cannot now be able to finance their activities since they fully depended on the trade of illegal minerals. This effect has therefore affected them financially, hence they cannot be able to get proper support to continue with their evil activities. Moreover, On the other hand, the organization is headed by Christine Lagarde who is a Lawyer and also a politician.

United States Agency for International Development (USAID)

The United States Agency for International Development (USAID) is an independent entity which works under the government of the US. It was founded in the year 1961 by the then president of the US. President John F. Kennedy (Tiaji, 2012).  The programs of the organization are therefore approved by the Congress through the Foreign Assistance Act. The congress therefore provides directions in the yearly financing appropriation acts, and also in other legislations. The organization operates in different parts of the world, which include: Latin America, Middle East, Asia, and Eastern Europe.

The main objective of USAID was to provide financial support to European countries which had been affected by the World War II. Even after the organization started its operations, it hard tremendous effect on the infrastructural construction of European countries.  In 1970’s the organization decided to concentrate on basic human needs. This objective mainly concentrated on health, population control and planning, nutrition and human resource development (Tiaji, 2012).

USAID is currently supporting refugees in different parts of the world such as Middle East countries and African countries. The organization provides educational support, through providing financial assistance and setting up schools for the refugees. In addition, the organization also provides nutritional support to developing countries worldwide. For instance, the organization supports a two year climatic change program in Asia. The project is aimed at providing ways through which Asian countries can be able to protect the environment. This therefore allows the countries to be able to deal with any climatic challenges that they are likely to experience. The organization has also created a website, which monitors climatic changes, thus people can also be able to do discuss issues on how to deal with the climatic state of the continent of Asia.  

On the other hand, the organization also deals with family planning, through advising different countries on how to manage population growth (Tiaji, 2012).

Reference

Freestone, D. (2013). The World Bank and sustainable development: Legal essays.

International Monetary Fund,. (2009). International Monetary Fund Annual Report 2009: Financial Statements. Washington: International Monetary Fund.

Tiaji, Salaam. (2012). USAID Global Health Programs: FY2001-2012 Request: Diane Publishing Company.

Performance evaluation for Emeka, Misiel and Lucy

            Professionalism is an essential quality in health services and care. Emeka, Misiel and Lucy are professional nurses with prowess in all their undertakings in the organization. They demonstrate a high quality in the way they present themselves in the organization through their professional conduct as well as their appearances. They are focused and self driven and thus they are able to deliver their expertise as expected by the health organization and by their clients without having to be supervised. They are able to deal with difficult situations such as conflicts without making a scene out of it and with no one noticing. They put their clients first before their own interests and this enables them to be diligent in all that they endeavor. Their behaviors while at the organizations supports the institution in achieving their goals as well as mission, vision and values.  

            They are ethical in all their undertakings in the institution and in handling their patients. They are familiar with the ethical codes of conduct in the health sector and thus they act in accordance to these ethical codes of conduct. They are serious in what they do and this enables them to be effective in their responsibilities in the institution. They understand the organization’s goals and thus all their efforts are geared towards supporting of the organization to achieve these goals. Time punctuality is one of their strong values as they believe in doing their roles in time and this is enhanced by their punctuality in their arrivals for their shifts. They manage their time appropriately thus enabling them to take care of their personal matters that can interfere with their performance while at work. This has greatly enhanced a continuous improvement from them thus making them valuable assets of the organization as their performance is exceptional.

            They have a helping and a caring heart full of compassion for their patients and thus they usually ensure that they give them all the kind of assistance that they require. They are committed to their work and thus they follow all the assignments. In case of any mistake, they take ownership. They also take safety plans so as to keep their work place and environment safe through their well maintenance. They also comply with all the health centre policies and maintain all the documentations and licensure that the health sector requires. They are thorough in reporting and in making up follow ups through their safety as well as risk management concerns.

            They regularly volunteer in several plans within the society and this enhances them to support social development and social health as they help the society to understand about their health. They offer health education to the society through this program. They offer a good measure of communication skills through their listening unto others, in expressing their ideas both in oral and in writing form. They offer relevant as well as timely information to the administration ad to their patients. They also are good at getting along with their fellow colleagues at the organization respecting their rights and also demonstrating a cooperative spirit.             They are also practical in all their undertakings and thus they are efficient in understanding problems within their organization and hence they make timely as well as reasonable and ethical decisions. They also operate at low costs as they stay within the already planned budget. They are also good at planning, putting in order and effectively handing of activities and elimination of any unnecessary activity.  Their performance is routinely way beyond their professional requirement. They are well familiar and knowledgeable about all the phases of this profession and those that requires a constant improvement. They are efficient in initiating and adapting to changes that are necessary for transforming from the old methods that are no longer reasonable and realize those new methods that will bring about improvement of the organization. They are responsive and courteous while dealing with everyone at the organization starting from the patients and to all the workers and employers within the organization. They establish challenging goals in their line of work and thus allowing them to have an open mind hence making them offer good results. They are good promoters of innovation and team work through their well done researches and development. They have a creative feel that enhances them to solve problems as they look at the issue in different perspectives and hence they are a great resource to the entire team in the organization.

They are well informed and they understand the HCAHPS questionnaires and especially on some of the most critical questions that the patients are regularly asked. In this case they are able to improve on their service delivery unto their patients and also ensuring that they are satisfied with the kind of service that is offered to them. To improve on their service delivery they also carry out an hourly rounding and also use the HRO guidelines throughout their assessments. They also support the organization through their communication efficiency with rhe CNAs and constantly offer the organization with new insights on how they can improve on their services to their patients. They follow the regulations as per the nursing process as they waste the narcotics for five minutes before administering them.

            They also attend their classes as scheduled and ensure that they also show up on time for work. They have demonstrated a higher learning potential and it is evident that they will definitely want to improve on their learning by going back to school. Thus, the organization is ready to support them throughout their education in case they decide to develop themselves through more learning. They also show her compassion through following of HRO rule and also ensure that they maintain medical and surgery certification. For magnet journey, she participates in the unit based council. They will continually improve on this profession as more assistance is offered unto them by the organization. As they further on their education, it is expected that they will be able to specialize more on specific areas in the health sector thus allowing them to be successful in this profession. They are a valuable resource to the organization and their skills are highly needed in this organization. Thus they have a chance to continue working with the organization even after they graduate in their education. They are expected to bring change in the society as they have all that is needed for change to be seen and with this energy great things are anticipated to happen from them. Their efforts in the organization are highly appreciated.

Organizational culture strength

How organization culture is connected to leadership

Organization culture can be defined as a set of rules that govern organizations while leadership can be defined as process of ensuring the set standards are implemented by the juniors. The two concepts within an organization ensure that organization remain productive and if not well managed can lead to failure or minimal productivity (Schein & Schein, 2017, p.145). Leaders should ensure they have the best leadership qualities and styles that will promote healthy organization cultures. Leaders should have excellent personal traits and characteristics and act as good role models to the juniors. Leaders should ensure organization remain healthy through coming up with excellent organization cultures that will ensure maximum productivity is maintained. Leaders should ensure they maintain ethics at places of work so that they can build organizations and ensure they remain productive (Schein & Schein, 2017, p.145). Organization culture being the beliefs and standards that govern organization should ensure that employees work in quality working environments so that maximum productivity can be achieved. Therefore leaders should come up with the best organizational cultures that will ensure employees remain comfortable working for the organization. For instance, leaders should ensure communication is quality and that information reaches to the employees in time. In addition leaders should ensure they motivate employees and appreciate them since they are equally important in the organization.

Recommendation about the organization culture

Leaders ensure organizational cultures are created in the organizations thus poor leaders will end up creating poor organizational cultures that will end up causing failure to the organizations. Leaders should ensure they come up with excellent organizational cultures that will ensure maximum productivity is possible within the organizations. Communication is an important factor in all organization since information must flow throughout the organizations. Employees need to get instructions on time from the leaders and managers (Daniels, 2015, P.254). An excellent Organization culture should entail leaders coming up with quality communication channels. Organizations nowadays focus more on using emails as their main methods of communication. Organizations have done away with face to face communication and instead use emails. This has weakened the process of communication since leaders can longer know the problems of their employees. Good organization culture entails use of face to face communication so that leaders can understand their employees and get to know the problems facing the employees (Daniels, 2015, P.256). Innovative and creative organizations ensure they engage employees in the process of making decisions as well as make dialogues in order to understand the employees and know their problems. All people are important in the origination thus leaders should ensure they treat the employees well for them to give excellent services to the organization. For instance looking at the case of Zappos Company, an excellent organization culture has ensured it remains productive and customers get satisfied with the services they get (Michelli, 2012, P.178). Zappos ensures that employees remain motivated so that they can feel appreciated and in return provide quality services to the customers. Organizations should ensure they follow the example of Zappos’ organization culture that has seen it become successful.

Leaders should have good and excellent leadership skills as well as personal traits that will enable them solve all the problems that rise within the organizations. Leaders should ensure they use power so that a healthy organization culture can finally be the end result in the organization. Leaders should ensure they come up with excellent organizational culture since they have to ensure the goals and objectives of the organization are achieved on time (Daniels, 2015, P.258). Leaders should be ethical such that discrimination does not take place within the organization. A good organization ensures that employees are not discriminated thus are comfortable working for the organization. Employees should be paid on time and given motivation as one way of ensuring they feel appreciated. Leaders create the vision and mission for the organizations thus they should ensure employees work together in attaining the set goals and objectives. Leaders should make sound decisions that will ensure organizations remain productive. Leaders should be practice justice when handling all employees thus ensuring fairness is achieved (Daniels, 2015, P.254). In cases of promotion, justice should be applied therefore leaders should be just in order to promote a good organization culture. This shows that leadership and organizational culture are equally important if an organization wants to remain healthy. The two concepts should be treated equally within organizations since poor leaders cannot come up with excellent organization cultures. The best and productive organizations ensure they come up with excrement leaders who will create the best organizational cultures. Leaders should therefore focus of forming excellent organization cultures that will see organizations remain productive (Daniels, 2015, P.244). Effective leaders ensure that organizations remain productive since they have quality leadership skills. Subordinates work well with understanding leaders who understand them and solve their problems. Motivated employees works towards ensuring the organization remain productive since they feel appreciated and part of the organization. Leaders should therefore act as good role models so that subordinates can follow them and work productively so that goals and objectives can be achieved.

References

Daniels, D. (2015). Leadership briefs: shaping organizational culture to stretch leadership          capacity. Minneapolis, MN, Beaver's Pond Press.

Michelli, J. A. (2012). The Zappos experience: 5 principles to inspire, engage, and wow. New     York, McGraw-Hill.

Schein, E. H., & Schein, P. (2017). Organizational culture and leadership.

OSHA, case from the article

1. State the group’s selected HR Legal topic, as approved by Dr. Gresch: OSHA

The groups HR legal topic in accordance to Dr. Gresch, is to use OSHA so as to save the lives of the employees through protection of their health and also prevention of injuries upon them.

2. Identify the HR functions(s) that is/are the focus of this case. Practices include recruitment, selection, training and development, performance appraisal, compensation (including benefits), internal employee relations (including discipline and termination), and safety.

In this case, the HR of this film firm had the function of ensuring that the right authorization was given prior the shooting of the film on the railroad and since they only had the permission to be on the property and not on the property, the HR had a responsibility of putting the crews ‘safety before through disagreeing with the idea of stealing the shot by being on the rail.

3. Case citation

Secretary of Labor v. Film Allman, LLC

1. Date of verdict (Must be within the last 5 years)

            28^th September 2015

1. Lawsuit legal basis

            CITATION NO: 1Item s 1a and 1b: alleged willful violation of § 5(a) (1).

Item 1a

1. What was/were the name(s) of each of the law(s) upon which the case was based?

            According to the item 1a of the citation no. 1 it claims that Film Allman did not offer safety measures to its employees who were on the trestle. Hence the workers were at risk of falling to hazard on the trestle in 20^th February 2014 (Secretary of Labor v. Film Allman, LLC 2015).

1. Classify each law

State Laws were used in this case.

• What was the claim and argument of the plaintiff (employee/s)?

The employers claimed that Film Allman did not offer safety measures to its employees who were on the trestle shooting.

1. What was the argument of the defendant (employer)?

The defendant claimed that they had a guarantee from a third party that only two trains were to pass through the trestle and thus they saw no danger in shooting in these trestles as they were safe by then.

1. Outline the facts of the case; provide a numbered sequence in the order which actions took place if necessary to help explain a long sequence of events.

Though the CSX email on their final decision on not permitting the firm not to work on the trestle arrived late after they had already departed for the filming, the employer failed to inform the crew. Thus only the location manger and his assistant were in knowledge of this. They thus assumed the letter and went on ahead with their plan on stealing the shoot.  They thus did not have the train schedule and they lied to the crew that the trestle was not scheduled to pass by that day. Thus the employer not only failed to obtain the right authorization on the trestle shooting but they also did not have appropriate information on the train traffic. Since the train schedules are always hidden from the public. They did not have an emergency plan on evacuation and had no medics on the site risked the lives of the employees (Secretary of Labor v. Film Allman, LLC 2015).

1. In which party’s favor did the court rule?

The court ruled in favor of the employees.

1. What rationale (or reasoning) did the court provide for its decision?

The judge stated that in this case the mistake was not simple. This is because of the employer’s increasing action of ignorance to the CSX’s refutation of the allowance to shoot on the tracks. This is neglect on the standard safety procedures and the withholding of the information from the employees reflected pain apathy to the employees’ safety.

1. If the ruling was against the employer, what did the court require the employer to do (what was the penalty)? Include the amount of the monetary awards ($USD).

      The penalty that the Film Allman faced was $70000 which was a penalty on item 1a for the citation No. 1 of the willful violations was affirmed.

5. What were the important factors in determining the outcome of the case? What are lessons learned for employees at other organizations who may be considering bringing a similar case – what should the employee do or not do to increase their odds of winning their case?

For other employees who are planning on bringing forth such a case, they should ensure that they have all the facts right. They should also ensure that they have all the evidence that they require so as to make their claims strong. Employees should also be well aware of the OSHA standards and their rights of protection by their employers. Employers should also have correct information on the extreme dangers that they might be exposed to while at work as provided by their employers their employers.

1. Based on this decision, what actions do you recommend other employers take to prevent/avoid similar lawsuits or increase their odds of winning a similar lawsuit?

      Firms should employ HRs who will help in ensuring that safety is administered.  The function of the Human resource in this case was to offer training unto the employees and also to ensure that only the professional employees were employed. The HR also has the responsibility of supervising the work that these employees carry out so as to control any mistake that these workers may undertake while operating the machines and also correct on these errors. The HR in this case also has the function of ensuring that safety was paramount and that all the safety procedures were all covered in the safety documentation for all the employees. In doing this employees would have received their compensation coverage especially to those who are deceased, their compensation would have been given to their relatives. All this were the functions of the HR which he failed to completely do.

1. What is your personal reaction to this case? Do you believe the law and the ruling were both fair- why or why not?  How would you change the law or verdict to be fairer?

      The ruling was fair as the Film firm was penalized in accordance to the OSHA standards. They failed to formulate an emergency exits and they also failed to offer medics who take charge in case of any accident and they also relayed the wrong information onto their employees. This showed their lack of concern for their employees’ safety and this behavior led to the involuntary manslaughter of their conduct.

References

Secretary of Labor v. Film Allman, LLC (2015). OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION. Retrieved from: http://www.oshrc.gov/decisions/pdf_2015/14-1385.pdf

Hannah’s performance evaluation

            Hannah is a clinically competent nurse who meets all her responsibilities beyond her expectations. She is effective in delivering of care to her customers through though utilization of the nursing process of appraisal, planning involvements, implementation as well as evaluation. She efficiently interacts with all her patients the significant others and also with some other colleagues in the health organization as she ensures that she maintains all the principles of a professional nurse.

            Hannah embodies and values teamwork in the organization. Thus she collaborates with her colleagues so as to ensure that the patient’s welfare is achieved as it is evident from the HCPA. She is well informed of the HCPA questions that the patients are asked so as to improve on the patient’s satisfaction. She relays relevant messages to relevant authorities within the organization on a timely manner thus allowing for an immediate intervention if there is a pressing need. She also teaches the patients and share important information in regards to their health on time so as to ensure that they are well aware of their health conditions so as to enhance them to take care of their health. She usually makes timely rounding to visit and also administer medications on her patients on time and attending to all the needs of the patients so as to ensure that they are satisfied.

            Hannah has adequate knowledge on the nursing process and the health policies that guides her throughout her profession. This is evident as she demonstrates a high level of capability in administering care for the patients in accordance to the right health process, policy and with specific expertise.

            At the period of change in her shift, she ensures that she gives a thorough as well as concise report and also exchanging pertinent information with the appropriate health practitioner in time before leaving off the shift. She attends to her schedules as per the expectation of the organization and usually arrives early for her shifts. She works under minimal supervision as she is self driven and purposefully carries out her work. She is neat and organized and therefore she maintains a high level of hygiene and ensures that she offers a clean and workable environment for everyone.

            She supports the organization in achieving their mission and visions. She also supports the organization in attaining the medical as well as the surgical certification. She also communicates well with the CNAs and constantly offers new ideas in the organization. Her creativity is beyond expectation and it has really enhanced the organization to come up with new implementations from creative minds such as that of Hannah’s. She follows the regulation of wasting the narcotics for 5 minutes as per what is expected of her.

            She demonstrates a higher capability in learning development and thus the organization is willing to continually support Hannah throughout her decision of going back to the university to further her studies. She is an active participant of the magnet recognition which entails a UBC, increment in patients’ satisfaction, utilization of the HRO mechanisms and frequent follow ups on the patients. It is thus important to note that Hannah is an essential valuable in this organization as her skills and proficiencies has demonstrated a lot of capabilities as well as potential for her to do exploit.

Performance Evaluation

            Emily is one of the nurses who has exceptional performance as from her work it is quite evident that she has a steady form of excellence in her profession. From the time that Emily joined the organization in July 2016 in accordance to the Diem RN, she has transformed this organization following her exceptional performance in her work. Emily demonstrates ethical character in her role through offering all of her patients with respect and also with courtesy. She has compassion for others and she treats the patients with care and concern. She demonstrates good communication skills which she uses in her day to day operations through responding appropriately to the patients needs. This has enabled her to gain praise as a result of her care for others.

            She is a good mentor and a good example unto others as she leads other practitioners through actions into meeting the needs of the patients. She participates in social work as she mostly volunteers to be a nurse while at break and this is a high level of demonstration for community as well as social responsibility. Her ethical framework enhances her to ensure that she offers protection and especially the patients’ rights and confidentiality in all her undertakings. She is clearly aware of the codes of conduct in her profession and thus all her roles are guided by these professional codes of conduct. She is a critical thinker who makes decisions basing on her clinical knowledge, codes of conduct and ethical considerations. Through her constant following of the standards procedures as well as protocols, she is able to offer quality services that support a safe environment.

            She is a goal oriented person with a determination to complete the yearly TB screening process by the end of her birth month. She also aims at assisting the organization in attaining their financial goal through ensuring that she utilizes her time well and that she does her work well so as to reduce cases of overtime that may end up costing the company more financial expenditures that are unnecessary. In her time management strategy she ensures that she arrives on time and schedules for all her daily schedules so as to ensure that time is not wasted. She is thus a self driven person who maintains focus on her role with minimal supervision and personal distractions.

             She is familiar with the HCAHPS questionnaire and especially with topics that the patients are often asked about and this helps her to improve patient satisfaction score through modeling of hourly rounding and using of the HRO guidelines. Through the magnetic journey of the organization, the administration should consider involving Emily to the Unit Based Council and the shared governance so as to obtain either Med or Surg Certification.

            Though Emily is currently completing her NSN in FNP, she has demonstrated an exceptional professional behavior that has constantly supported the mission and the values of the organization.  She has therefore portrayed her potential in demonstrating initiative, self insight as well as awareness hence offering a high quality work. She is thus a champion for change in this profession and with her completion of the course she will be a valuable person in the society and also in the profession as she will be able to drive for results and ensuring that all the projects come to completion.

 Leadership and Service in this Institute of Technology

 Leadership involves the ability to provide direction in a group of people with common agenda or an organization (Adeniyi, 2007). I have demonstrated my leadership qualities by participating in various extracurricular activities in college and being involved in volunteer activities which allowed me to be of service to the community. My leadership role was developed by playing out the strengths in me while getting involved in activities that I was passionate about.   The extracurricular activities especially clubs and community service formed a big part of my college application but just participating was not enough. To demonstrate leadership I have had to set various goals and take initiative to ensure that these goals are accomplished.  I have gone through this experience by deciding the best activities to take part in, developing a plan and implementing this plan in order to have an accomplished personal growth.

I have been part of club management which involved planning for activities such as raising funds to provide support for community services such as raising awareness of issues affecting the society such as drug addiction and environmental degradation. By being part of the leading team in these activities, I have been able to experience the various responsibilities that a leader should undertake for a team to achieve the set goals and the various challenges one has to undergo. Hence, forming strong teamwork within a large group of people undertaking the same project has demonstrated my organization skills and this has played a role in bolstering my confidence in management. Moreover, I had been impacting such knowledge to my fellow classmates and club members by providing direction and motivation when our team has faced handles that may prevent us from achieving the set goals. These qualities have been enhanced through undertaking initiatives in tasks that seem impossible to achieve or those which requires effective decision making from a leadership position.

While not taking on the leadership roles in clubs and various projects, the smaller jobs have been helping me to learn a lot. These smaller roles have been providing me with an opportunity to acquire people skills through interaction with students in the lower rank in a project team and clubs.  Effective leadership involves instilling good communication skills which help in building teamwork and solving any crisis that may arise in such teams (Adeniyi, 2007).  My communication skills have been demonstrating through the facilitation of various debates, conversations in a one-to-one setting and encouraging question and answer platforms that will enable team members in a club or project have information about progress achieved. Time management has been an important aspect of the various projects that I have been tasked to undertake. This has involved structuring time schedules and organizing work so that deadlines are met inside and outside classroom activities.

At times, I have not have had the chance to assume leadership positions due to academic work or lack of an appropriate opportunity. During these times, I have considered participating in community service projects especially in honor of various holidays. The services have also involved taking part in initiatives that are aimed at addressing various issues affecting the society more so drug and substance by creating awareness. These activities have provided me with an opportunity to showcase my planning, organization and implementation skills which are a major aspect that develops my prospects in project management.

Reference

Adeniyi, M. A. (2007). Effective leadership management: An integration of styles, skills & character for today's CEOs. Bloomington, IN: AuthorHouse. 3, 109

Diversity in Key Leadership Roles

Introduction

Diversity is one of the major principles which enables leaders to be able to run a company at ease, and to also improve the employees’ turnover rate. Through diversity, the employees feel valued, and thus making them to work hard, in order to make sure that they are able to foster development in the company. Embracing diversity therefore enables a company to not only be able to reach its goals, but to be also able to beat its competitors and thus remaining at the top of the business for a very long time.

Leaders are supposed to be the main drivers of development in a company, but through diversity, they can easily be able to drive development in the company. This is so because, diversity creates empowerment, a thing which therefore motivates the employees into providing the best services for the company (Damousi, Rubenstein & Tomsic, 2014). Diversity in key leadership roles is significant in valuing, understand and also using each and every person’s ability to be able to foster development in the company. Embracing diversity by different leaders in the company consequently enables the company to grow through policies which govern its operations. Moreover, each and every employee becomes self-driven, and thus being able to work according to their capabilities and hence impacting the company’s goals positively (Chin & Trimble, 2014).

Diversity in key leadership roles is also significant in ensuring that the company is able to work towards reaching a desired goal, through understanding the weaknesses of its employees. This is very essential for the functioning of the company, as it can be able to understand how to deal with the obstacles that it might be facing (Damousi, Rubenstein & Tomsic, 2014). On the other hand, the company can also be able to group the employees in different teams and thus making them to work hard in reaching different goals. Diversity in key leadership roles ensures that each and every employee takes part in the election and choosing of the leaders that the company wants. This is very effective, as it allows different employees to be able to choose leaders based on their credibility to work and manage different departments in the company. In addition, in areas with people of different races or different genders, diversity in key leadership roles consequently enables the employees to feel appreciated and thus being able to work hard in order to improve the functioning of the company, through feeling appreciated (Chin & Trimble, 2014).

Diversity in key leadership roles is also significant in making others to feel encouraged and motivated, simply because of instilling a sense of responsibility in them (Damousi, Rubenstein & Tomsic, 2014). This is through the appointment of people from a different class, background, race and culture, a thing which makes others to be able to see the potential in themselves and thus understanding that certain positions were not only meant for certain people but for everyone. This also boosts the working morale of both the employees and the leaders through having the feeling of responsibility (Chin & Trimble, 2014).

Conclusion

Diversity in leadership is supposed to help in motivating the performance of the employees, through appointing leaders who might be of influence to them. This is consequently done through the involvement of different employees, starting from the one at the lowest rank. Through this the employees feel appreciated and valued, thus being able to work hard and providing the best services for the company. In addition, appointing leaders from the minority groups in key positions, often enables them to have a sense of responsibility, and working hard in order to reach their future goals.

Reference

Chin, J. L., & Trimble, J. E. (2014). Diversity and leadership.

In Damousi, J., In Rubenstein, K., & In Tomsic, M. (2014). Diversity in leadership: Australian women, past and present.

BGMT 365 discussions

Week 1

            Leaders in my own experience are people who have the ability to change the world through their daily actions. This is however different from the description given by Drew in his speech about everyday leadership. Leadership is basically not all about making change but rather it all about understands the nature of a leader first and helping others to also understand this.  

            Leadership has changed very much over the years however, the needs for leaders as well as leadership has not yet changed. The current leaders are however expected to increasingly posses the interest in being transformational leaders. In this they will have the chance to bring change in their roles (Wolf 2009).

Week 2

            Sustainable competitive advantage being a planned goal making means it is still currently feasible for the business organization. This statement is true when establishing a unique as well as powerful business since the firm in this form of industry has some characteristics that are inclusive but not restrictive to the consumer’s loyalty, an appropriate geographical location, workable supply and distribution monitoring, consumer’s services and brand recognition. With these sustainable attributes, the business is able to attain a competitive advantage hence perform better than any other business in the same industry for some years.

            Sustainable competitive advantage requires that all the employees at all levels are included in the organization of the company so as to enhance their creativity as well as productivity. According to Simon’s investigation it was evident that the Rockfish Company was more interested in making more profits regardless of what the employees go through for them to make these profits.  The company has a poor culture that does not promote employees participation and thus results to poor leadership of the company as the well being of the employees is not a priority of the company. This is evident from the case between the faulty machines and the employees who were forced to use it as the management wanted higher productivity but it ended up hurting two employees.

Week 4

            I am a leader since I am positive in nature as well as action oriented. I always look forward to what is required of me so as to be able to help the organization in achieving its vision. Therefore a leadership approach is entirely dependent on the independent driving force rather than depending on what others want us to do. Leaders always look at the bigger image especially when making decisions. Thus leaders are people who are open minded. Leaders can be followers as they are not original especially while they are expected to lead others in leading themselves (Llopis 2013).

            Diamond theory is the best model for GDD due to its flexibility aspect and due to its strong emphasis on people, situations as well as strategies. This model integrates many core precepts of the leadership theories and is also applicable to all leaders across in the organization. Clawson model on the other hand is not s practical as the diamond model and it illustrates how a leader line with roles (Clawson 2009).

Week 5

            Self awareness is essential as it allows for the realization of the feelings of what is happening. Self management is another emotional quality and it allows for self control while leading, motivation is another element, empathy where the leader is able to understand the feelings of other people and social skills are other example of the basic emotional intelligence.

            Even though Orlanda’s personality traits are quite unique since she seems to be a distant person, a loner, tough but a fair leader, she needs to reevaluate her relationship with others in the company. Being overly attentive is not the best solution to making employees respect a person but rather building on one’s relationship with them as trust is enhanced respect is automatically earned. Bloom should therefore work towards her attitude and should work on her weaknesses in terms of personality and as a leader she should lead others in the right direction and to make them fear you.

Week 6

            The company should evaluate their culture through the implementation of organizational culture that ensures that the company fosters a good relationship with their employees.

            Lane should consider all the complaints that she has received from the staff and hence she should monitor closely Kent’s performance and the various actions that he takes. She should therefore ensure that Kent does not make the decisions alone but rather she should be the one approving any action that he has to take. Trust concept to a leader means that the leader has full faith in their followers to do that which they are tasked with. Kent should thus be a good leader who learns how to trust others to do their work and this will rebuild his relationship.

Week 7

            The company should improve on their changes in relation to the customers’ satisfaction, their open minded strategy as well as their organizational culture. This will encourage them to align their goals and into implementing the transformation that will bring success to the business.

"People underestimate their capacity for change. There is never a right time to do a difficult thing." John Porter (Brandon 2014). His quote is quite significant for a leader as it encourages and inspires leaders to realize the significance of imposing change in their leadership as this has a greater influence in the outcome. This majorly helps in making decisions.

Week 8

            Several leadership challenges might crop up in this pattern realized in Artos and Jones case. The fact that these two individuals come from diverse generations, indicates that they have diverse and special perspectives as per the communication skills that are adopted day in day out in the organization and the manner in which commands are given out. Jones being older than Artos indicates that there is a likelihood that he may refuse to take orders given to him by Artos. Good relationship building requires that there should be the use of various skills that will enhance the building of trust between the individuals. The following conservation represents a good relationship between Artos and Jones;

Artos: Good morning Mr. Jones

Jones: Good morning madam Artos.

Artos: I understand that you have worked in this organization for a longer time than me. I would like you to assist me.

Jones: Sure I can help you out. How can I assist you?

            The following interviewing questions will enhance the handling of cultural diversity issues.

Describe some of the beliefs that you regard as efficient roles that a good manager plays in their relationship with the employers?

Describe the work culture that you are most productive in and satisfied worked in?

Would you prefer to work in a team or alone? What percentage of your time would you allocate to each if given a choice?

References

Clawson, J. G. (2009). Level three leadership:  Getting below the surface (4^th ed.).  Upper Saddle, NJ:  Pearson Education.

Llopis, G. (2013). 5 reasons leaders become followers. Forbes. Retrieved from:

http://www. Forbes.com/sites/glennllopis/2013/06/11/5-reasons0leaders-become followers/#4db88ffb3501/

Wolf, A. (2009). Leadership Is an Action, Not a position. Slaw. http://www.slaw.ca/2009/03/25/leadership-is-an-action-not-a-position/

Brandon J. (2014). 38-Quotes-To-Help-You-Become-A-Change-Agent. Retrieved from: http://www.inc.com/john-brandon/38-quotes-to-help-you-become-a-change-agent.html

Contracts

In an invention, it is normally very crucial for a developed thought to obtain protection from infringement.  An invention can be described as a fresh and a useful thought that is objected at improving conditions (O'Sullivan & Hilliard, 2012). A contract can be defined as a deliberate, voluntary and a binding agreement that is legal amid two or even more parties.  The agreement must have the capability of generating legal enforcement obligations by law which may verbal or written.  In order for a contract to occur, there must be a promise amid the parties for benefits that are valuable based on different considerations.  Most of the business dealings today are closed with contract laws and this makes it an important sector since it encompasses different scenarios as well as complexities (O'Sullivan & Hilliard, 2012).  In the present case amid the agreement made by Johnny and Michael, there is no any kind of contract that occurred. An Act which is known as the defend trade secret was passed by the congress in 2016 as a way of protecting the general rights of investors.

There is no contract amid Johnny and Michael since Michael only shared his idea as well as the context concepts without making any agreement based on the idea.  Johnny only agreed to the fact that the idea was useful without any promises occurring amid. Michael holds the legal rights to the idea since he is the inventor in the case.  He came up with the thought as well as all the involved concepts without consulting Johnny.  Johnny was only involved because he agreed that the concept would be of use after hearing his friend’s ideas. Johnny, therefore, did not make any contribution in regard to building or adding more to the development of the idea. Moreover, a contract must be guided by different laws or regulations of agreement (O'Sullivan & Hilliard, 2012). They only discussed Michael’s idea without making any policies since the idea only belonged to a single party. This scenario, therefore, shows that they were only sharing thoughts and not getting involved in any agreement.

An infringement of a properties intellectual is the violation of property rights which may include patents, trademarks as well as copyrights (Bouchoux, 2009). Patent permission can be provided in form of giving license which varies in reference to jurisdiction but normally involves selling and buying of the invention of the patent (Bouchoux, 2009). An infringement refers to the actions whereby the terms as well as the laws or regulations that governments and agreement are broken.  These actions are objected at limiting the ability of a single party by dominating the superiority of a certain matter.  In the case, there was no violation of intellectual property.  The idea from the beginning was developed by Michael and he was only sharing the essential concepts with his friend to establish validity as well as the accuracy of the thought. Johnny, on the other hand, did not make any contribution and neither did he demonstrate any form of interest in the idea through developing it.

Not all agreements can be considered to be legal contracts.  In order for an agreement to be classified as a contract, several considerations must be made in order to determine its validity. The necessities vary but in the case of an agreement that is considered a contract a single party may raise an idea which is accepted by the other in form of an offer (Bouchoux, 2009).  In addition, the presence of exchange promises should be bargained thoroughly which implies that there must be a valuable thing that is offered in exchange for the created promise.  Contract terms are normally required to be definite for the validity to be passed.  From this fact it is clear that the case has no contract.  Michael’s idea was not an offer to Johnny since it was a debate or sharing of his invention.  Johnny agreed on with the idea but not as an offer since he only saw it as great without any consideration of beneficial value from the agreement. Their agreement did not contain any definite terms that are required for a contract to be existing.

In some instances, the validity of a contract may be denied by the court if the ability of the person making the contract can be doubted.  If a person is mentally unfit or underage the court does not consider the occurrence to be valued (McKendrick, 2014). In addition, if a contract occurs under the influence of substances, the contract may not be enforced.  However, this differs from when one party took advantage of the other by dragging them to influence their decisions (McKendrick, 2014).  In the case scenario above Michael and Johnny were having drinks when they discussed the idea. Michael did not take advantage of his friend by discussing the idea in the setting.  Under this condition, their agreement cannot be considered as a contract since they were under alcohol influence.

            References

Bouchoux, D. E. (2009). Intellectual property for paralegals: The law of trademarks, copyrights, patents, and trade secrets. Clifton Park, NY: Delmar Cenage Learning.

McKendrick, E. (2014). Contract law: Text, cases, and materials. Oxford University Press.

O'Sullivan, J., & Hilliard, J. (2012). The law of contract. Oxford: Oxford University Press.