Sunday, May 24, 2020

Cyber Threats Online Cyberbullying - 906 Words

More than 2 in 4 social media users have experienced cyber threats online. Social Media has come a long way creating many ways to entertain ourselves and interact with others, such as, friends, family, or complete strangers. Over the years technological advances have certainly increased. Social networks have skyrocketed tremendously over the past years becoming highly popular all over the world and to everyone. For instance, we know have Facebook, MySpace, Twitter, and Instagram etc. These social networks might be a luxury to some people but unfortunately others have experienced awful situations and encounters that have left them traumatized. Not only are people getting bullied, harass, and teased on these social Medias but its changing the way we interact and communicate with one another in real life. Sarah Zay, of USA Today, said that â€Å"With the rise of websites such as Facebook, social networking may be on the verge of replacing traditional personal interactions for the next generation.†(Sarah). Social media sites provide many opportunities for businesses and entrepreneurs, but Social Media greatly impacts our society in a negative way as it causes physical and mental harm to select others, identity fraud(Sex-Offender), and it’s changing the way we communicate and interact. First of all, nowadays we have so many social networks to choose from cyberbullying has sadly increased. Adults, teens, and even children have been virtually attacked, harm and in some cases physicalShow MoreRelatedCyberbullying : Causes And Dangers Of Cyber Bullying985 Words   |  4 Pageshave been cyber bullied online on social media, websites, and through via communication like emails and group chats. The victim of the cyber bullying can go through a wide range of emotions from humiliation, angry, depressed, and even suicidal. We should know how to deal with cyber bullying because it can happen to anybody, including you. If you’re being cyber bullied or someone you know, who should take action and take care of the cyber bullying? Well, the victim of the cyberbullying and the victim’sRead MoreBullying : The Causes And Effects Of Cyberbullying1508 Words   |  7 PagesCyberbullying is usually between a few students that are in the same class or even in the same age group. A lot of people think they know what cyberbullying and bullying is but they are not the same. Cyberbullying can affect a kid as much as physical bullying. Cyberbullying has been proven to affect one out of every three children. There are seven or more different ways a person can be cyberbullied. It can lead to person a harming themselves or others being harmed. Cyberbullying has been provenRead MoreMorality - Cyber Bullying948 Words   |  4 PagesCyber Bullying Cyber-bullying is when a person is harassed, embarrassed, intimidated, terrorised, tormented, threatened, or otherwise targeted by person using the Internet, interactive and digital technologies or mobile phones by means of threats, sexual remarks, negative labels, ridicule, false statements or disclosure of personal data. it is sometimes referred to as cyber-harassment or cyber stalking. The methods used are limited only by the childs imagination and access to technology. TraditionalRead MoreCyberbullying Related Suicides : Bullying, Suicide, And Self Harm1306 Words   |  6 Pagesharassed and bullied online for many years. While she was in the 7th grade, Amanda Todd had an online video conversation with someone who asked her to flash her breasts, which she eventually did. After one year, she was contacted by the same person who threatened to post her pictures on the Internet if she didn’t provide more provocative pictures. Even though she refused to send pictures to him, her pictures were sent to her family and friends. Despite switching schools, the cyber bullying continuedRead MoreCyber Threats And Its Effect On Society1200 Words   |  5 Pagesthree social media websites and they wouldn’t even have to think about it. Most common answers would be: Twitter, Instagram, Snapchat and Fa cebook. These are all sites where a person can communicate with others and make cyber threats. What is cyberbullying/threats? â€Å"Cyberbullying is bullying that takes place using electronic technology. Electronic technology includes devices and equipment such as cell phones, computers, and tablets as well as communication tools including social media sites, textRead MoreCyberbullying: The New Form of Bullying Essay1671 Words   |  7 Pages Forty- three percent of teens have experienced cyber bullying in their life (â€Å"43 percent†). Bullying has changed so much throughout the years; it went from calling teens malicious things to their faces, to saying vile things on the computer. Cyber bullying is a colossal problem with teens, and it is hard to escape because of all the technology that surrounds them. Cyber bullying is in complex to do, especially with all the technology teens can use. Teens can send instant messages or text messagesRead MoreBullying Has Been A Big Problem In Our School System For1745 Words   |  7 Pagestechnology made it very easy to engage in cyberbullying, perpetrators used cell phones or computers to conduct this hideous behavior, hiding behind their keyboards to express negative feelings and or thoughts toward others. Using social media for senseless and unwarranted insults to intentionally cause harm and emotional pain. According to the Pew Research Center, approximately ninety-two percent of Americans own a cell phone, therefore, there are no escaping cyberbullying, due to the proliferation of theRead MoreCyber Bullying And Its Effect On Today s Youth1587 Words   |  7 Pages Studies have shown that cyberbullying incidents have quadrupled in the last five years. Cyber-bullying has become a huge issue recently. It is despairing to turn on the news everyday and watching reports going on about bullying and the number of suicides such has lead to. â€Å" Love is Louder† has been a phrase commonly used by celebrities to send out a message not only to fans but to humanity proving that bullying is not righteous and should not be tolerated. The more the communication throughRead MoreCyber Bullying Among Our Children1617 Words   |  7 Pagesuse their cell phones and go online to email, video chat, watch videos, instant message, play games, and do homework. But occastionally the way they talk to one another can get scary or mean. Because so much communication is done online, and over text message its really important for kids to acknowledge that their words can cause unintentional harm. Ones intentions, accompanying the state of their behavior, are important factors in deciding whether or not cyberbullying occurred. Occasionally beingRead MoreCyber Bullying And Social Media1110 Words   |  5 Pagesconstant contact with loved ones or people geographically across the globe from us. It also allows for an effortless way for individuals to hide behind a computer and bully others through online profiles. This effect is called cyber bullying and has exploded in use through the occurrence of Social Media. Cyber Bullying can be described as using the internet, cell phones, and other technology gadgets to send, text, or post with the intentions of hurting or embarrassing others. The most vastly used

Wednesday, May 13, 2020

Cognitive/Social Development of the Elementary Student Essay

The elementary years are full of major milestones of both cognitive and social development. These elementary milestones as described by Piaget include primarily the concrete operational stage where children develop logical thinking skills including the ability to distinguish personal thinking skills (Bukatko and Daehler, 2012). Elementary educators and care givers have a responsibility to provide and environment rich in play and peer interaction as well as focused on the appropriate zone of proximal development, pushing towards the development of higher level thinking skills. Beginning with play, specifically through rough and tumble play† young children gain an understanding of social cues as well as contribute to cognitive development†¦show more content†¦Social pretend play promotes cognition, language and social competence. Vygotskys theory of play states that natural play must contain both an imaginary situation and the voluntarily accepted rules that govern the s ituation (Pellengrini, 2005). Play beings to look different through elementary school as children’s interactions with one another begin to mature, but communication remains crucial. Peer communication contributes to the achievement of elementary milestones as learning is a shared social activity embedded in classroom interactions. This ideal of social constructivism is supported by one of the pillars of Vygotsky’ theory of sociocultural development, the zone of proximal development (ZPD) (Lecusay, Rossen Cole, 2008). The ZPD is defined as the distance between the actual developmental level as determined by independent problem solving and the level of potential development as determined through problem solving under adult guidance, or in collaboration with more capable peers (Vygotsky, 1978). The premise of this theory is that students through assistance, can boost their understanding of a skill and gain mastery by first observing, receiving guidance and finally indepe ndent practice. This zone represents a stage where students are on the verge of understanding but still not capable, howeverShow MoreRelatedEssay on Piagets Learning Theory in Elementary Education1549 Words   |  7 PagesLearning Theory in Elementary Education In order to support children’s growth educators try to provide a stimulating classroom environment. They implement different strategies, tools and practices to help achieve this goal. Since educators play an important role in children’s development they should be familiar with developmental psychology and know of its educational implications in the classroom. There are two major approaches of developmental psychology: (1) Cognitive development as it relates toRead MoreThe Theory Of Child Development1053 Words   |  5 Pagesconsider theories of child development when creating lesson plans, are more effective. As art educators, we understand that it is our responsibility to educate ourselves on the latest research of art development in order to better serve our educational institutions through providing a quality art education for the future generations of innovators in America. Piaget’s stages of cognitive development stages thoroughly explain the biological transition that occurs in elementary school learning and laidRead MoreEvaluation Of A Student Struggling With Literacy Comprehension And Theories1597 Words   |  7 PagesCaden Tori Brien Wilmington University October 16, 2014 Literacy instruction is intended to offer students the skills and strategies that are necessary to embark in the education process. Each student has a different path towards comprehension of literacy, also about the different types of texts and the focuses within those texts. To have effective literacy instruction, the student should be able to decode, comprehend, and discuss the text. They should be able to be skillful enough to workRead MoreImportance Of Physical Education1277 Words   |  6 Pages Physical education plays a crucial role in the education of the whole student. While research supports the significance of movement in educating both the mind and body, many education institutions do not require physical education in their programs. Physical education contributes directly to the development of physical capability and fitness, while helping students make educated choices, and giving them the ability to understand the value of living an active lifestyle. A study feature d in the PeabodyRead More Literature for Use in Classroom Essay1648 Words   |  7 Pagesstandards and benchmarks, the adopted sequential curriculum, the age of the students, their stages of language, cognitive, personality, and social development. Teachers need to have the literature curriculum set for the year, but flexible enough to meet the needs of the students in the classroom.   Ã‚  Ã‚  Ã‚  Ã‚  Using the schools standards is the first step in deciding how to use literature in the classroom. Standards tell what students should know and be able to do at each grade level in order to graduateRead MoreMiddle Childhood. Middle Childhood Is Where My Passion1009 Words   |  5 Pagesis where my passion for students is. Middle childhood ranges from 6-11 years old kids. A brief description of what middle childhood is, â€Å"The school years are marked by improved athletic abilities; more logical thought processes; mastery of basic literacy skills; advances in self-understanding, morality, and friendship; and the beginnings of peer-group membership† (Berk, 2017, p. 6). I find this age group relevant to my future because I want to pursue a career in elementary school teaching or counselingRead MoreReflection: Kids Are Different Today1458 Words   |  6 Pagestoday’s world. The article, â€Å"Kids Really Are Different These Days,† discusses how â€Å"Upper elementary children today, while retaining many of the characteristics ascribed to them generations ago by theorists such as Piaget, Erikson, and Kohlberg, are different† (Coyl, 2009, p.404). Diana D. Coyle discusses how physical development, media and technology, self-understanding, and emotional competence impact students and make them different from previous generations; even differentiating by just a few yearsRead MorePsychology: Jean Piaget Essay1598 Words   |  7 Pagesstages of cognitive development. These four major stages, sensorimotor, preoperational, concrete operational, and formal operational, are marked by shifts in how people understand the world. Although the stages correspond with an approximate age, Piaget’s stages are flexible in that as long as the child is ready they are able to reach a stage. In kindergarten, many of the stages of both sensorimotor and preoperational stage were easy to find. For instance, the teacher allowed the st udents to have aRead MorePeer Victimization And Academic Performance1550 Words   |  7 Pagesperformances to improve teacher-student relationships. The proposal provides experiences of peers, teachers, and counselors giving intervention to understand the behaviors of peers and lack of poor academic performances. The proposal demonstrates the modifications, behaviors, and attention among genders to explain the internalized and externalize problems. Peer victimization appears in early ages to adolescences. Early indications state peer victimization affects the student quality of education academicallyRead MoreWhy Are You Interested At This Research Internship?864 Words   |  4 Pagesdevelopmental/cognitive psychology, in linguistics, etc) do you find interesting?  I am interested in this research internship because I want to work in the LCD lab as a summer intern to gain more firsthand experiences in child language and cognitive development. I am especially inspired and motivated by the exploratory advancement of linguistic, cognitive, and social development made by the LCD lab. Additionally, I am curious about how the interconnectivity of various cognitive aspects and mechanisms

Wednesday, May 6, 2020

Defective Good in Law Free Essays

string(315) " law in India LIABILITY FOR MANUFACTURING OR DISTRIBUTING A DEFECTIVE PRODUCT IN INDIA In India, Product liability law, also called â€Å"products liability†, governs the liability of manufacturers, wholesalers, distributors, and vendors for injury to a person or property caused by dangerous or defective products\." INTRODUCTION WHAT ARE GOODS Goods have been defined in the Sale of Goods Act, 1930 as every kind of moveable property other than actionable claims and money; and include stock and shares, growing crops, grass, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale. The Consumer Protection Act, 1986 lays down that defect means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force under any contract, express or implied or as is claimed by the trader in any manner whatsoever in relation to any goods. An average Indian consumer is noted for his patience and tolerance. We will write a custom essay sample on Defective Good in Law or any similar topic only for you Order Now Perhaps because of these two traditional traits and due to the influence of the Mahabharata, the Ramayana and the Bhagavad Gita, he considers the receipt of defective goods and services as an act of fate or unfavourable planetary position in his horoscope. When a new television or refrigerator purchased by him turns out to be defective from day one, he takes it reticently, blaming it on his fate or as the consequence of the wrongs committed by him in his previous birth. Very often he is exploited, put to avoidable inconveniences and suffers financial loss. It is rather paradoxical that the customer is advertised as the â€Å"king† by the seller and service provider, but in actual practice treated as a slave or servant. Goods are purchased by him along with the label â€Å"Items once sold by us will never be received back under any circumstances whatsoever. WHAT ARE DEFECTIVE GOODS A product is in a defective condition, unreasonably dangerous to the user, when it has a propensity or tendency for causing physical harm beyond that which would be contemplated by the ordinary user, having ordinary knowledge of the product’s characteristics commonly known to the foreseeable class of persons who would normally use the product. With regard to the issue of ‘legal cause,’ a defective condition is a legal cause of injury if it directly and in natural and continuous sequence produces or contributes substantially to producing such injury, so that it can reasonably be said hat, except for the defective condition, the injury complained of would not have occurred. A defective condition may be a legal cause of damage even though it operates in combination with the act of another, some natural cause, or some other cause if such other cause occurs at the same time as the defective condition and if the defective condition contributes substantially to producing such damage. Thus, in cases involving allegedly defective, unreasonably dangerous products, the manufacturer may be liable even though you may find that it exercised all reasonable care in the design, manufacture and sale of the product in question. On the other hand, any failure of a manufacturer of a product to adopt the most modern, or even a better safeguard, does not make the manufacturer legally liable to a person injured by that product. The manufacturer is not a guarantor that nobody will get hurt in using its product, and a product is not defective or unreasonably dangerous merely because it is possible to be injured while using it. There is no duty upon the manufacturer to produce a product that is ‘accident-proof. ‘ What the manufacturer is required to do is to make a product which is free from defective and unreasonably dangerous conditions. Any consumer who receives any defective goods can make a complaint. A consumer cannot make a complaint if the defective item. CASE STUDY: Mahender purchased one Britannia Good Day Biscuit packet and one Little Hearts biscuit packet at a ration shop. M/s Sri Raja Rajeshwari General Stainless Steel Shop for Rs. 17/- and got the receipt for the same. He took the biscuit packet to his house and handed over the Little Hearts Biscuit packet to his younger son aged about seven years. After sometime his son started weeping. On questioning him he said that the biscuit packet had no biscuits in it. Then Mahender himself checked and found that the sealed packets did not contain any biscuit. He filed a complaint in the District Forum. The manufacturer did nothing and denied the supply of the biscuit packets without biscuits but filled with air. Mahindra claimed damages and compensation of Rs. 60,000/- on the ground that his son kept weeping for the whole night after seeing the empty biscuit packet. Further, the manufacturer, Britannia Company alleged that Mahindra colluded with the retail owner and filed the complaint to extract money. Instead of accepting that some random defective pack came into the market and solve a simple matter like this, the manufacturer Britannia Company made false allegations that it was a concocted story. The District Forum held that it is an unfair trade practice to supply empty packs without biscuits. It directed them to pay Rs. 2,000/- as compensation and Rs. 500/- as costs of complaint to be paid within one month. ? DEFECTIVE PRODUCTS Defective products may cause injuries even serious injuries to an individual. In fact, it is the cause of thousands of injuries every year. This may be due to the manufacturers or to the corporations who design and sell the products but do not consider the well-being of the consumers. These manufacturers are more of profit than safety of the products. Thus, it put buyers to risk and danger. When you are injured or harm in any way by a faulty product, you should seek a defective product injury lawyers who could help you to make the negligent party liable for producing unsafe products. These are the products that consumers buy which usually has defects: Brakes Tires Airbags Restraint system such as seat belts Firearms Farm equipment Helmet Prosthetics Pharmaceuticals Products and Strict Liability Product Liability law in India LIABILITY FOR MANUFACTURING OR DISTRIBUTING A DEFECTIVE PRODUCT IN INDIA In India, Product liability law, also called â€Å"products liability†, governs the liability of manufacturers, wholesalers, distributors, and vendors for injury to a person or property caused by dangerous or defective products. You read "Defective Good in Law" in category "Papers" The goal of product liability laws is to help protect consumers from dangerous or defective products, while holding manufacturers, distributors, and retailers responsible for putting into the market place products that they knew or should have known were dangerous or defective. Under the law, a victim has three grounds on which a defective product claim may be based and liability of the manufacturer may be established in the case: 1. Marketing defects – it is very important that a product includes warnings. Warnings should tell consumers about the dangers of the product, including instructions on how to use it. Marketing defect are those products without warnings or with improper warnings about the products possible threats. 2. Manufacturing Defects- these include defects that occurred when manufacturing the product or during the process of making it. . Design defects- a flaw or defect to the product that were not detected during the design process. This defect is inherent and exists even before the product is made. Meanwhile, strict liability does not rely on the level of carefulness. It is not important whether the manufacturer exercise great care. As long as the product they produced or sold is defective and caused harm to a person, they will be h eld automatically liable. Also, strict liability allows a person who was injured by a defective product, to obtain compensation from the manufacturer or seller of the product. Even if the other party is negligent, you can still get remuneration for damages. This is because manufacturer, seller or retailer has a responsibility for any product they produce. Civil Product liability in India is, essentially, governed by: a) The Consumer Protection Act, 1986 b) The Sales of Goods Act, 1930 c) The Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter referred to as the â€Å"MRTP Act†) d) The law of Torts. e) special statues pertaining to specific goods. CASE STUDY: In a Pair, one Shoe is longer than the other Anand Raj had purchased a pair of shoes from M/s. Metro Shoes Ltd. for Rs. 2,190/-. After one day’s use he was shocked to find that the shoes were defective as one of them was longer than the other. He rushed to the shop for an exchange. That was denied to him, but they offered to rectify the defect. M/s Metro Shoes Ltd. tried to rectify the same but Anand Raj found it uncomfortable to wear even after repairs. Complaint was filed in the District Forum. Metro Shoes denied their liability and argued that the cash memo given to the purchaser reads as ‘Exchange within 15 days for unused pair with price tag intact’. It was not that the shoes were used extensively as they were brought to the shop immediately. During the proceedings in the District forum, Metro Shoes Limited agreed to replace the said pair of shoes but all the same Anand Raj was put to inconvenience and forced to take matter to a consumer forum. The District Forum held Metro Shoes Ltd. deficient in service for selling a defective product and directed them to pay Rs. 2,190/- after receiving the said pair of shoes from Anand Raj along with a compensation of Rs. 1000 and Rs. 500 as costs. Anand Raj. B. v. M/s Metro Shoes Ltd. , C. C. No. 261 of 2008, decided on 9-6-2008. What are the reliefs available to consumers? Consumer courts may grant one or more of the following reliefs:- A) Repair of defective goods. B) Replacement of defective goods. C) Refund of price paid for the defective goods or service. D) Removal of deficiency in service. E) Refund of extra money charge. F) Withdrawal of goods hazardous to life and safety. G) Compensation for the loss or injury suffered by the consumer due to negligence of the opposite party. H) Adequate cost of filing and pursuing the complaint. I) Grant of punitive damages. What Is The Legislation That Ensures All These Rights? It is the Consumer Protection Act, 1986. The act seeks to promote and protects the interest of consumers against deficiencies and defects in goods or services. It also seeks to secure the rights of a consumer against unfair or restrictive trade practices, which may be practiced by manufacturers and traders. There are various levels of ad judicatory authorities that are set up under the Act, which provide a forum for consumers to seek redressal of their grievances in an effective and simple manner. When can I approach a consumer court? You can approach the consumer guidance society and consumer court if the goods you have purchased have any defect in quality quantity, purity or standard. You may also do so if the service you have paid for has any fault, shortcoming or inadequacy. In the quality, nature and manner of performance. The list of services is long, including the nature of transport, telephones, electricity construction, banking, insurance, medical treatment, etc. By and large, services of Professionals such as doctors, engineers, architects, lawyers, etc come under the purview of consumer courts. What happens if I have bought the goods on installments? Even if you have partly paid for an item or service or under any method of deferred payment you can file a complaint if it is defective or deficient. Can I file a complaint in case the good is purchased for a commercial purpose? No. If the purchase of goods (or service) is for commercial or resale purpose, you cannot file a complaint in the consumer courts. You have to approach the civil court. There is an exception though. If you are a self-employed person and the product (or service) is exclusively for the purpose of earning your livelihood, you may approach the consumer court. Is there a time limit to filing a complaint? Yes. The complaint is to be filed within two years from the date on which cause of action has arisen unless it can be proved that there was a good enough reason for filing a complaint after the lapse of two years. CASE STUDY Imported Magnetic Bed – Defective and Ineffective Lakshmana Reddy purchased a magnetic bed for Rs. 1,48,500/- from the Frontier Trading. This was an imported bed from Japan, which was called ‘Japan Life Total Sleeping System’. It was supposed to help in ailments including polio, paralysis etc. Literature regarding this magnetic bed and leaflets were shown to Lakshmana Reddy by their agents who pursued him continuously for purchasing it. Lakshmana Reddy was a polio-paralytic patient and after taking intensive medical treatment and physiotherapy exercises he completely recovered with regard to his right leg and to some extent with regard to his left leg within a period of two years and started walking by using caliper on his left leg and with the help of hand stick. In 2000, he purchased the Japan Life Sleeping System. He did not get any relief; in fact, he started having giddiness. It did not make any improvement in the left lower limb muscle and the experts informed him that it was unlikely to improve in future. He had no improvement in his health after purchasing and using the magnetic bed. Case was registered against the agent in the police station and the Commissioner of police also inquired about cheating by the agents. It was also published in the newspapers that this agent has been cheating not only Lakshmana Reddy but many others. The District Forum held that it was deficiency in service on the part of the agent and the rest and made them jointly and severally liable to pay a sum of Rs. ,48,500/- along with interest at 12% p. a. from 01. 04. 2000 till the date of payment with compensation of Rs. 10,000/- and Rs. 1,000/- as costs. WHO CAN FILE A COMPLAINT? †¢A consumer †¢Any voluntary consumer organization registered under the Societies Registration Act, 1860 or under the Companies Act, 1956 or under any other law for the time being in force â € ¢The Central Government †¢The State Government or Union Territory Administrations †¢One or more consumers on behalf of numerous consumers, having the same interest (Class action complaints) WHERE TO FILE A COMPLAIN: If the cost of goods or services and compensation asked for is up to Rs five laky, then the complaint can be filed in the District Forum located at Pushpa Heights, Pune Satara Highway, Bhiwandi corner. †¢If the cost of goods or services and compensation asked for is more than Rs five lakh , but less than Rs 20 lakh then the complaint can be filed before the State Commission notified by the State Government or Union Territory concerned †¢If the cost of goods or services and compensation asked for exceeds Rs 20 lakh then the complaint can be filed before the National Commission at New Delhi. FILING PROCEDURE PROCEDURE FOR FILING COMPLAINT: A complaint can be filed by a complainant against the seller, manufacturer, or dealer of goods which are defective or against the provider of services, if they are deficient in any manner whatsoever. An unfair trade practice or restrictive trade practice can also invite complaint. A complaint can be a:- (a) Consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided; (b) A firm registered or unregistered (c) An individual (d) Hindu Undivided Family. e) A cooperative society or any other association of persons (f) The Central or the State Government; and (g) in case of death of a consumer his legal heirs of representatives Along with the complaint, the complainant is required to file copies of supporting documents, i. e. , cash memo, receipts, agreements, etc. The complainant is required to file 3 copies of the complaint, together with enclosures, for official pur pose plus copies for the number of Opposite Parties. The complaint should be filed along with fee in the form of Postal Order/ Demand Draft according to the amount of compensation claimed. JURISDICTION FOR FILING COMPLAINTS In terms of the provisions contained in the Consumer Protection Act, 1986, complaints:- 1. Where the value of goods or services and compensation, if any, claimed below Rs. Twenty Lacs or upto Rs. Twenty Lacs, can be filed before State Commission. 1. Where the value of goods or services and compensation, if any, claimed exceeds Rs. Twenty Lacs but does not exceed Rs. One crore, can be filed before State Commission. The complaints can be filed at the Filing Counter of the State Commission on every working day from 10. 30 a. m. to 1. 30 p. m. How to cite Defective Good in Law, Papers

Tuesday, May 5, 2020

Human Resource Management and Performance Method

Question: Discuss about the Human Resource Management and Performance Method. Answer: Introduction Performance appraisal and reward systems often work as the motivator. The human resource department is often flooded with the process and the managers are untrained in delivering excellent reviews that certainly influence the employee performance and develop the business. Likewise, the reward management is about the design, application, maintenance, assessment and communication of reward method that helps the organizations to enhance performance and achieve their goals and objectives. It is identified that talent management techniques is affected by the poor system or design of reward and performance appraisal. A performance appraisal allows the business owner to provide constructive feedback to employees and even determine if there is an appropriate increase in compensation. With the help of standard rating criteria for each employee, the firm could ensure fairness in the process. Nonetheless, a number of challenges should be overcome to increase the effectiveness of the appraisal systems. As put forward by Liu and Dong (2012), most of performance appraisal are implemented so poorly that could actually harm the legal case. The challenge associated with the design, application and functional use of appraisal systems are well documented and they continue to be frustrating to both academic and practitioners. In the current essay, existing studies implying some of the issues or challenges with the performance appraisals have been presented. Thereafter, the issues related to it will be discussed further in the essay. The major purpose of the essay is to identify the challenges that organization s in the recent time face in implementing reward and performance appraisal systems. According to Jskelinen and Laihonen, (2013)performance appraisals is considered as the formal management system by which the job performance of an employee is examined and evaluated, with the purpose of identifying their strength and weakness for improvement in future. The subsequent supervisor or the managers of the organizations conduct the method. Here, Renwick, Redman and Maguire (2013) commented that companies are interested in best practices, often look for the ways to enhance employee performance as well as motivate employees to gain the best they could. Thus, to be effective, the performance appraisal should fulfill certain criteria like the process of formalizing to assure fairness to the employees involved. As opined by Taticchi, Balachandran and Tonelli (2012) a systemic appraisal of staff make it easy to gain several benefits such as encouraging quality performance by rewarding those who perform well. As opined by Fugate, Prussia and Kinicki (2012), many employees dislike performance appraisal interviews for fear of criticism, fear of uncertainty, in dealing with the questions. They fear that their salaries, promotions and their relationship with the company hinge upon the consequence of these interviews as justification for decisions that are made in respect to the salary, promotion and job tenures. Songstad et al., (2012) mentioned that the identification of the evaluation criteria is the biggest challenge encountered by the top management. The performance data should be considered for the review needs to be carefully selected. Most importantly, the assessment criteria should be in a measurable term. The top management sometimes does not include the evaluators and they lack expertise as well as the knowledge to decide the criteria accurately. If the leaders or the managers of the firm lack the experience and the required training to implement the appraisal systems objectively, t he firms will not conquer the possible challenges. On the contrary, when it comes to reward management, the managers often lack the expertise of ensuring that the reward management strategies back the achievement of the organizations business strategies as well as satisfy the needs and expectation of the employees for job security, stability and career enhancement. The managers those who do not have appropriate knowledge, find it difficult to achieve internal equity as well as external competitiveness. The HR department has to conduct market analysis to respond to fragmenting pay market and maintain a reasonably coherent pay structure. The managers have to concentrate on rewarding for output and maintain the quality standards. When the firms are not able to devise appropriate plans or strategies, the firms find it difficult to reward individual performance and contribution as well as promote work. The managers need to have the skills to have the best out of the employees. In most of the assessment, the managers completely focus on the individual characteristics including personal traits, commitment, experience and behaviors. Certainly, these factors could contribute to the development of performance but they may not be the actual measures of the expected output. Gupta and Kumar (2012) commented that the employees of several organizations are least satisfied with the method used in the performance appraisal and reward systems. The fortune 500 survey has revealed that nearly 243 managers of 25 organizations have responded that they are not satisfied with the performance appraisal and reward systems. Nearly, 76% of the employees are less with the procedures (Royer, Stehr and Sydnor 2015). As commented by ALDamoe, Yazam and Ahmid (2012), incomplete, inaccurate, vague and the performance assessment are usual fare in many organizations. Conversely, Lepper and Greene (2015) commented that while no surprise or managers give in irrelevant employee feedback to avoid the possible lawsuit, the leaders should be aware of the legal formalities of their performance management practice. Adequate, quantifiable standards should be developed to measure the performance of the employees. This might help the employees to understand what is expected from them. Having studied organizations closely and analyzed their employee reward systems over a period of time, what comes out persistently is that while reward continues to remain the core talent management activity, managing successfully the employee reward system remains as the significant challenge for many of those organizations. The employees do not have any idea about the process that goes behind the plan, design and delivery of the reward system. In fact, the same are also not communicated properly to the people and the involvement of the line managers are also not sought in the method either. Consequently, HR is not able either articulate or increase the value of such reward systems to its internal consumers. While planning and developing the reward programs, it is repeatedly found that HR works at best with a least number of chosen stakeholders who they are comfortable with, as well as not in overall alignment with companys goals. This could come out as the lack of broad alignment between the employee needs and organizational objective. Heidrich and Tiwary (2013) commented that there is a perception that the absence of a proper Job evaluation system or well designed job description often fail to distinguish between the real job at hand and its worth, as against heavily crafted position. It is identified that pitfall of the same is inappropriate job mapping exercise with the equivalent market job. The organizations that do not track their competition or compare their salary levels with the industry always experience the disadvantage of not paying their workers. It is wise for the organizations to get industry salary level periodically, as real time data is the best alternative. As commented by Lepper and Greene (2015), the rewards are not linked with the individual needs. This means most of the time the Employee reward Programs end up being flat and linear in the name of consistency and equality. Thus, the spectrum of rewards should be flexible since the motivational factors are different for different group of employees. Likewise, their respective needs and purpose should be met. The organizations should choose the way of providing different strokes for different folks while ensuring fairness and equity in the method. The organizations should focus on building their internal capabilities, techniques, tools and data to identify their Employee Reward System in scientific and ro bust manner. The firms need to ensure that there is a fine balance between employee expectation as well as the business needs for retaining their competitive edge in the current market. The execution of reward system is established using the concept that a businessperson should give up all responsibilities of dealing and running the firms to some skilled individuals who are accustomed to deal with personal agenda and behave opportunistically. The business owners got into an ongoing debate that reward systems is built of different perspectives or it is built on the situation available. Shields et al. (2015) believes in the idea that carrot and sticks encourage workers, as they are core resource of organizational productivity, which brings out the idea of reward system. The academics and the critiques insist on the similarity between individual and organizational performance. Thus, it can added that rewards certainly increase the risks that lead to lower levels of motivation among the employees, which means the organizations are not able to come to a certain point to justify their current reward system. In spite of the growing criticism, the reward systems followed by the organizations plays a significant role of management. It should be considered significantly. The effective reward systems are often seen to be gaining significance as the new, the organizations in the global platform act on one single market. The major issues of developing an effective reward system could be versatile since there are many ways of formulating a reward system. Moreover, some considerable aspects are there to discuss and consider in terms of reward system. Some of the aspects talk about how the staff should be rewarded and how the reward system can be developed to support the long-term goals. On the other side, some small organizations are increasingly dependent on single worker and by understanding the potential of each employee, these small size of organizations take the initiative of attract, retain and motivating each employee. However, the techniques used by the small firms could be less expensive but stand as the motivational factor such as monthly appreciat ion and internal promotion. As stated by Daley (2012), HRM practice, where employee reward method is a considerable part in the operation are usually not considered as the formulization and financial stronger aspect in the large organization. This often takes place because of the accountability of the smallness but the studies within such field are very scarce As put forward by Jiang et al. (2012) if the performance appraisal is not related to the specific career goals, top management might not see the point; thereby, they might consider them as the negative experience. This issue indicates that there are rare act of having a performance review process that could actually result in large turnover particularly for top management. Here, Buller, and McEvoy (2012) mentioned that having an official performance review process could actually prevent timely feedback throughout the year. This happens as the managers often consider the performance review process as the catch-all time to cover anything that has been going with the employees. The scholars and the academics that functions of reward system usually becomes cumbersome and insightful aspects encountered by the organization. As put forward by Alfes et al. (2013), the formulation, use and the inherent challenge of reward system is a continual and the intense debate. More specifically, it can be mentioned that poorly developed system that has many flaws attract the public attention as there are many incidents like scams in the organizations. In some places, the protesters barged in the organization claiming inadequate reward system. Therefore, the labor union in some organizations fights against the tangible and intangible benefits developed by the large firms. For example, though Sport Direct in UK provides the internal employee growth opportunities, it cuts down the wages of employees following the Zero hour contract policy. For several organizations, the major goals of an appraisal system are to enhance individual and organizational performance. However, a potential issue with the performance appraisal is higher expectation from appraisal plan. For instance, it can be added that a plan that is effective for enhancing employees may not be the best for determining pay hike. Hoque (2013) stated that a well designed system could help the firms to achieve companys objectives and boost the performance of the employees. Therefore, while assessing a firms human resource capability, the data must recognize the people who have the competencies to be treated well or promoted for the senior positions at the organization. It is difficult for the small and medium size organizations to develop well-designed appraisal procedures due to lack of funds, which remains as the key concern. Due to the lack of proper planning, the organizations cannot determine how they could devolve power to the line managers to deal with the ir own reward process and retain sufficient control. The organization does not have a powerful pay-for-performance scheme, which could have helped to ensure values. As mentioned by Sparrow, Brewster and Chung (2016) an appraisal is often considered as the evaluation of employee performance, which in general includes employee present and future performance. In addition, it is used as the motivational factor for desired performance in the coming future. Two major grounds for the appraisal systems include the conceptual purpose, which is referred as the action of making decisions regarding pay and career growth. Similarly, another ground is about recognizing the improvement needs of employees. Recently, the organizations have faced a significant force of liking appraisal system to the strategic long-term objective of the firm. This means, the organization should develop its own goals and measures of evaluating the performance. The method includes certain criteria that helps to compare the targeted performance and the performance delivered by the employees. Thus, Renwick, Redman and Maguire (2013) commented that performance evaluation is considered as the significant part of managements responsibility. With the final evaluation of employee performance, the management proactively acts on the employees dues, remunerations and promotion. Not surprisingly, the survey conducted by Jskelinen and Laihonen (2013) reveals that almost 70-80% of the employees denied that their performance evaluation method does not prove to be effective, as it did not enhance their performance. Conversely, Liu and Dong (2012) commented that the performance appraisal systems tend to have many issues as critiques assessments are often found to be biased by some aspects like motivational state of being and cognitive. The managers have the tendency of applying different standards with the different employees with the outcome in consistent and unreliable. Thus, to formulate better systems, the scholars have conventionally focused on the validity and reliability by developing newer forms of PA. In spite of the current advances in the assessment design, critiques persistently give a push on the performance appraisal systems that are not effective or well designed. As commented by Taticchi, Balachandran and Tonelli (2012 the performance review is of ten deemed by the senior management such as senior employees and managers supervision with the anxiety and reluctance. There is a significant explanation for fear, poor ownership and the absence of reward for effectively finalizing the technique. In order to oppose the above-mentioned statement, Royer, Stehr and Sydnor (2015) commented that evaluation could be a receptive matter, which could elicit the negative psychological impact including the confrontation, discouragement, refutation and aggression, particularly when the assessment becomes negative. The employee reaction to appraisals could be significant conditions to enhance the employee performance. Gupta and Kumar (2012) put forward that emotions of employees as well as the awareness could be significant in enhancing the efficiency of PA systems. Shields et al., (2015) commented that the use of rating and other methods in PA system help to consider that viewers or evaluators are rationally objective as well as precise but the memories of raters could be imperfect and raters could prefer their own sets of expectation about individuals, expectation, which may or may not appropriate. In spite of the fact that a completely error-free performance appraisal is the only idea, people could focus on, with all actual appraisals failing short of this deal. Hence, Daley (2012) commented that Hello Effect is considered as the tendency to measure the performance as high or low on each factors due to the thought of low or high performance rating on few significant factors. If an employee is considered careful as and reliable, the raters could prefer him/her or biased towards that person to a certain degree Moreover, if an institution is considered, the students rate a faculty member as excellent on all criteria when they are genuinely appreciative of some areas he/she does in the classroom as compared to some bad habits that might result in student evaluating the instructor as awful across the board. Conversely, Hoque (2013) commented that halo error is probably the most pervasive effect in performance appraisal systems as raters who commit this errors assign their rating on based on global impression of rates. So, according this view an employee is rated high or low depending on several aspects as their raters are aware that employee is high or low on some particular aspects. In this context, Renwick, Redman and Maguire (2013) commented though performance appraisal provides effective opportunities for the managers and general staff, in some firms, it is often seen to be biased. This means the organizations the senior authority or the leader having the good relationship with the employees could favor their preferred employee while rating them. However, Hoque (2013) argued that such biasness are the typical practice that organizations would follow decades ago. The present scenario is changed with the increasing force of work. The senior authorities promote their employees based on the performance come out from employees end. Conversely, Boella and Goss-Turner (2013) commented that what organizations finds it difficult to understand is the skills gaps that is required to be managed swiftly, it could affect the bottom line. This fact indicates that problems that organizations have been considering for months would be an insignificant issue if the firms unders tand the importance of hiring or retaining the skilled people. Another tendency followed in the PA system is the weakness, which replaces the strengths and creates the base for negative work. It also creates the conflicts between the supervisor between the managers and employees. Conclusion On the completion of the essay, it can be added that instead of using a cookie-cutter approach, an effective performance appraisal system should fit the organization. The external and internal factors could influence the appraisal systems. More specifically, the labor union is one such significant factor that could affect organizational appraisal process. It is identified that Unions have conventionally insisted on seniority as the basis for promotions and pay increase. 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