Negative speech for legalization of divorce Essay Example for Free

Negative speech for legalization of divorce Essay A divorce formally dissolves a legal marriage. While married couples do not possess a constitutional or legal right to divorce, states permit divorces because to do so best serves public policy. To ensure that a particular divorce serves public policy interests, some states require a cooling-off period, which prescribes a time period after legal separation that spouses must bear before they can initiate divorce proceedings. Courts in the United States currently recognize two types of divorces: absolute divorce, known as divorce a vinculo matrimonii and limited divorce, known as divorce a menso et thoro. To obtain an absolute divorce, courts require some type of evidentiary showing of misconduct or wrongdoing on one spouses part. An absolute divorce is a judicial termination of a legal marriage. An absolute divorce results in the changing back of both parties statuses to single. Limited divorces are typically referred to as separation decrees. Limited divorces result in termination of the right to cohabitate but the court refrains from officially dissolving the marriage and the parties statuses remain unchanged. Some states permit conversion divorce. Conversion divorce transforms a legal separation into a legal divorce after both parties have been separated for a statutorily-prescribed period of time. Many states have enacted no-fault divorce statutes. No fault divorce statutes do not require showing spousal misconduct and are a response to outdated divorce statutes that require proof of adultery or some other unsavory act in a court of law by the divorcing party. Nevertheless, even today, not all states have enacted no fault divorce statutes. Instead, the court must only find 1) that the relationship is no longer viable, 2) that irreconcilable differences have caused an irremediable breakdown of the marriage, 3) that discord or conflict of personalities have destroyed the legit ends of the marital relationship and prevents any reasonable possibility of reconciliation, or 4) that the marriage is irretrievably broken. Look to various state laws to determine the divorce law within a particular jurisdiction. The Uniform Marriage and Divorce Act may provide further guidance. PROPERTY DIVISION Following a divorce, the court must divide the property between the spouses. Before legislatures equalized property allocation between both spouses, many divorce statutes substantially favored property allocation to the wage-earning spouse. These statutes greatly disadvantaged women disproportionately because during the 18th, 19th, and early-20th centuries, the participation of women in the workplace was much less than it has become during the latter-half of the 20th century and early part of the 21st century. The statutes failed to account for the contributions of the spouse as homemaker and child-raiser. Modern courts recognize two different types of property during property division proceedings marital property and separate property. Marital property constitutes any property that the spouses acquire individually or jointly during the course of marriage. Separate property constitutes any property that one spouse purchased and possessed prior to the marriage and that did not substantially change in value during the course of the marriage because of the efforts of one or both spouses. If the separate property-owning spouse trades the property for other property or sells the property, the newly-acquired property or funds in consideration of the sale remain separate property. Modern division of property statutes strive for an equitable division of the marital assets. An equitable division does not necessarily involve an equal division but rather an allocation that comports with fairness and justice after a consideration of the totality of the circumstances. By dividing the assets equitably, a judge endeavors to effect the final separation of the parties and to enable both parties to start their post-marital lives with some degree of financial self-sufficiency. While various jurisdictions permit recognition of different factors, most courts at least recognize the following factors: contribution to the accumulation of marital property, the respective parties liabilities, whether one spouse received income-producing property while the other did not, the duration of the marriage, the age and health of the respective parties, the earning capacity and employability of the respective parties, the value of each partys separate property, the pension and retirement rights of each party, whether one party will receive custodial and child support provisions, the respective contributions of the spouses as a homemaker and as a parent, the tax consequences of the allocations, and whether one spouses marital misconduct caused the divorce. Most jurisdictions also give the family court judge broad jurisdiction by providing judges with the right to consider any other just and proper factor. When assigning property, judges cannot transfer the separate propert y of one spouse to another spouse without the legislature having previously passed an enabling statute. Whether such an enabling statute exists varies between jurisdictions. Alimony refers to payments from one spouse to the other. A court can order one spouse to pay three different types of alimony permanent alimony, temporary alimony, and rehabilitative alimony. Permanent alimony requires the payer to continue paying either for the rest of the payers life or until the spouse receiving payments remarries. Temporary alimony requires payments over a short interval of time so that the payment recipient can stand alone once again. The period of time covers the length of the property division litigation. Similar to temporary alimony, rehabilitative alimony requires the payer to give the recipient short-term alimony after the property division proceedings have concluded. Rehabilitative alimony endeavors to help a spouse with lesser employability or earning capacity become adjusted to a new post-marital life. Courts allocate alimony with the intention of permitting a spouse to maintain the standard of living to which the spouse has become accustomed. Factors affecting whether the court awards alimony include the marriages length, the length of separation before divorce, the parties ages, the parties respective incomes, the parties future financial prospects, the health of the parties, and the parties respective faults in causing the marriages demise. If a couple had children together while married, a court may require one spouse to pay child support to the spouse with custody, but one should note that alimony and child support differ.

Comparing Human Resources United States And Japan Commerce Essay

Comparing Human Resources United States And Japan Commerce Essay Comparative HRM seeks to describe, compare and analyse the way human resource management and deployment is carried out in various countries amid the globalisation of businesses, people, goods and services. Although most HRM systems across the globe will contain similar key functions as recruitment, deployment, compensation, as well as training and development, the ways they are carried out in each country are very much influenced by the varying national culture and the institutional framework and settings. Differences in these contexts and environment play a key role in how HRM practices are carried out, defined and accepted across regions and nations. Universalist Vs Contextual Fundamentally, there are two approaches to exploring HRM: the universalist approach and the contextual (Brewster, 1999) approach. These two approaches are reflected in two further dichotomies: the cultural and institutional school of differences, and the convergence and divergence schools of thought. The universalist paradigm, which is dominant in the USA, assumes that the purpose of HRM is to improve the way human resources are managed strategically so as to achieve organisational performance and goals, as judged by its impact on a companys declared corporate strategy and its respective stakeholders (Brewster, 2011). Based upon this concept is the assumption that there exists a good standard practice of HRM which were characterised by the US Department of Labor (1993) as having certain characteristics: Careful and extensive systems for recruitment, selection and training Formal systems for sharing information with the individuals who work in the organisation Clear job design Local-level participation procedures Monitoring of attitudes Performance appraisals Properly functioning grievance procedures Promotion and compensation schemes that provide for the recognition and financial rewarding of high-performing members of the workforce. However, other researchers and practitioners, especially those with knowledge and interests in other countries, find the list contrary to their own experience and what they perceive of as good practice. For example, companies operating in a high power-distance environment with a heavy top-down management approach may not find it a necessity to implement local-level participation procedures or grievance channels. In contrasts, the contextual paradigm focus recognises that different HRM systems are contextually unique. It focuses on asking the hows and the whys of the existence of different perceptions and practices of HRM in different countries. The policies and practices of leading-edge companies are of less interest to contextualists than explaining how certain labour markets work and why certain practices are adopted by most. And contrary to the Universalist approach, measurement and attainment of organisational performance is secondary. Contextualists explore the importance of factors such as cultures, labour market regulations, role of governments, unions, and ownership structures in influencing HRM and accepts that within an organisation, people has differing views, beliefs, needs and requirements. The universalist paradigm excludes much of the work of HRM specialists in areas such as compliance, equality issues, trade union relationships and dealing with government and other governing bodies, due to its focus of operation within the level of the organisation. Contextualists, on the other hand, involve themselves beyond the organisation level to issues at the national or international level. Culturalist Vs Institutionalist Within the Contextualist paradigm, there are two schools of thought, namely the cultural school and the institutional school. Proponents of the culturalist approach would argue that national cultural differences while difficult to observe and measure, are important in shaping the ways human resources are managed and deployed across different countries or regions. Culture is defined as a set of shared values, assumptions and beliefs that are learnt through membership in a group, and that influence the attitudes and behavious of group members (Pankaj, G., 2011). This definition includes 3 key characteristics: First, culture can be understood as a group phenomenon that distinguishes people of one group from another. From this perspective, cultures exist at many different levels, including organizational funchtions or business units, occupational groups, organizations, industries, geographical regions, and nations (Kwok Leung 2005). Second, the above definition implies that culture is not obtained by birth but rather acquired through a process of socialization. The learning of shared values, assumptions and beliefs occurs through interactions family, teachers, officials, experiences and society at large. Geert Hofstede speaks of culture as a process of collective programming of the mind(Hofstede, G., 1980). Third, it is this collective programming that determines what is considered acceptable or attractive behaviour. In other words, cultural values provide preferences or priorities for one behaviour over another. Cultural value differences have persisted to exist despite some convergences in cultural habits, artefacts and symbols. For example, in Korea, employees observe a strict code of deference and utmost submissiveness to their superiors while a Swedish or Danish employee might feel more at ease to challenge their superiors over a differing opinion. Some cultures put more emphasis on honesty whilst others on loyalty to friends and relationships. From the perspective of institutional theory, organisational decision making is not an outcome just of strategic choice but also of powerful social forces within and outside organisations. The forces emanate from social institutions such as region, family, work, school, politics (Berger P.L. and Luckman T., 1967). The theory acknowledges that organisations operate within a specific political, economic, social and technological environment largely shaped by history. In order to be effective in that environment, these organisations need to manage in way that recognise the local circumstances and create and sustain legitimacy with key stakeholders. For example, in Europe compared to USA, the government plays a larger role in deciding how employees is to be protected of their jobs and what terms they are to be employed. Convergence Vs Divergence For at least four decades the international management literature has been characterized by two recurring and very central debates: on the macro (country) level the so-called convergence vs. divergence debate, which remains a key point of controversy in cross-cultural management; and, on the meso (company) level, the standardization vs. localization debate, one of the central questions in the literature on multinational corporations (MNCs). Since HRM deals with the management of people, it is often seen as one of the functions that will be least likely to converge across countries and where MNCs are more likely to localize their practices than to export their country-of-origin practices. While there is considerable support for this assumption, the question remains whether the increasing importance of globalization and the ever-growing presence of MNCs will not diminish the localization of practices. In this context, the dominance effect assumes particular importance. It occurs when management practices of subsidiaries are neither shaped in accordance to the host country (localization), nor to the home country (country-of-origin effect), but according to that country which sets the standards for what are perceived global best practices. (Markus ,P. and Anne-Wil, H. 2007) The convergence vs divergence debate is one between those who argue that all aspects of management are becoming more alike due to the forces of globalisation and those who believe that each country continues to have its own approach to management and HRM, in particular. Convergence can be viewed from a market-based perspective where the logic and diffusion of technology and data mean that in order to compete successfully, everyone will seek to adopt the most efficient management and HRM practices (Kidger P.J., 1991). The predominant model is assumed to be the US univeralist model (Smith C. and Meiskins P., 1995). This is also referred to as the dominance effect as mentioned above. From the institutional perspective, similar legislation or institutional framework across a region or group of countries e.g. the European Union would mean more similarities in the ways countries handle HRM. On the other end of the wider debate, the concepts of cultural differences and institutional theory would support the argument for divergence. Proponents of divergence theory do not believe that the same management or HRM practices can be used across different countries due to the shaping forces of cultural and institutional differences, and that practitioners must be aware of, understand and respond to these national differences. Hofstedes study of culture Professor Geert Hofstede conducted one of the most comprehensive studies of how values in the workplace are influenced by national culture. (Hofstede 1980, 2001) He started off with analyzing a large data base of employee values scores gathered by IBM between 1967 and 1973 covering more than 70 countries, from which he first started using the 40 different largest companies and further extended the analysis to 50 other countries. Hofstedes value dimensions comprise of Power Distance, Uncertainty Avoidance, Individualism and Masculinity. Power distance  : Power distance is the extent to which the members of power distance organizations and institutions accept and expect that power is distributed unequally. ( Hofstede 1980, 2001) Individualism vs.  collectivism: The degree to which individuals are integrated into groups. In individualistic societies, the stress is put on personal achievements and individual rights. In contrast, the individuals in collectivist societies act predominantly as members of a lifelong and cohesive group or organization. Uncertainty  Avoidance: The focuses on the tolerance level for uncertainty and  ambiguity within the society. It reflects the extent to which members of a society attempt to cope with  anxiety  by minimizing uncertainty. Masculinity  vs.  Femininity: The distribution of emotional roles between the  genders. Masculine cultures values are  competitiveness,  assertiveness,  materialism, ambition and power, whereas feminine cultures place more value on  relationships  and  quality of life. Geert Hofstede added a fifth dimension after conducting an additional international study using a Chinese value survey instrument developed within the Chinese region. Hofstede described this dimension as Confusion Dynamism which is also known as Long Term Orientation. Long-Term Orientation vs. Short-Term Orientation: The degree of focus on the society embraces dealing with virtue. Societies with a short-term orientation generally have a strong concern with establishing the absolute Truth. In societies with a long-term orientation, people believe that truth depends very much on circumstance, contexture and timing. Japan HRM practices vs. America HRM practices Japan as one of the world major growing economies, has a homogenous culture which many countries have tried to emulate the management policies and practices with varying degrees of success. The Japanese society is highly characterised by a strong sense of group and community. Strong loyalty enrooted in their character, for which they are prepared to sacrifice their personal interests for the benefit of the group. In contrast, America being the world most dominant leader, has a influential management style and culture contexts. The rest of the world has looked upon it as models and sources of managerial innovations. American strong strategic and comprehensive approach to managing people make it the top notch leader in todays Human Resource Management. Differences in Power Distance between Japan and America Japanese are mindful of their hierarchical position in any social setting and act accordingly to the existing culture. Culture in Japan are define as high power distance as mostly of the decisions must be confirmed by each hierarchical layer and finalised by the top management. An example is the Ringi method of decision making. This process involves a great deal of informal consultation and leads to the preparation of a written proposal which is circulated to affected employees by the implementation and then to the senior management level. Being a particularistic country, employees in Japanese company are treated based on ranks and seniority and the number of years they served in that particular company. Long term and life-time employment are often offer for regular core employees who are loyal and display commitment to the company. On the other hand, American displayed small power distance. They tends to treat people fairly. American hierarchy is being established for convenience purpose. Communication is open, informal and direct. They tends to express what they exactly mean without talking around things. Leaders are approachable and accessible and individuals are being rely based on their expertise. Collectivistic Japanese vs. Individualism American Japanese society shows many characteristics of being a collectivistic society and also being classified as collectivistic by Western standards. The integration of the individual into groups is part of the principal goal in Japanese society. Relationship and harmony becomes an crucial part of the working society and prevails over business itself. Mass focus in strong group -cohesiveness include extended families such as putting harmony of group above the expression of individual opinions is the differentiated characteristics in which Japanese displayed. The Japanese emphasize teamwork, participation and leadership in the organisation. They discourages open expression and open conflict because of the importance of avoiding embarrassment. American comprises highly individualistic culture. They are self-focused and prefer to act as individuals rather than members of the group. There is individual freedom and success to purse ones career progression and interests and they believe individuals can shape and control ones destinies. Employees are more concerned with their own careers and personal success rather than the goals of the organisation. They do at times, displayed collectivism in the face of a common threat. Masculinity focus vs. Masculinity focus in Japan and America Japan is one of the most masculine societies in the world which is highly driven by competition, achievement and success. Even at the very young age, they are being taught on the importance of winning. And in corporate Japan, employees strive to the best of their abilities when they are fighting against their competitors in winning. On the other hand, It is still tentatively hard for women to climb up the corporate ladders in Japan with their masculine norm of long working hours which result in high  discrimination against woman. In contrast, Male seniors are still much more appreciated and stand a higher chance in achieving the promotion opportunities. American are ambitious, competitive, goal oriented and high achievers. American tends to display and talk openly in a friendly manner on their achievements. In the States, hiring and firing employees are justify accordingly on the market conditions. Employees are employ based on individual skills and working experience. Hiring and promotion decisions are based on the basis merits as opposed to status, hierarchy and gender. The American system is performance orientated and job status is based on the performance of their job scope. Many new hires are professional who are highly educated and well-trained. High Uncertainty Japan vs. Low Uncertainty Avoidance America Japan is rank as one of the most uncertainty avoiding countries which is easily differentiated from the rest of the countries. They dislike uncertainty and everything must be in good control without any uncertainty occurring. Japanese spent a lot of time and effort into feasibility studies and all risk factors must be minimize before any decision is make. Detailed facts and figures must also be provided for supporting every decision the organisation makes. This high degree for uncertainty avoidance is one of the reasons why changes are still so difficult to realize in current Japan. America are being describe as most uncertainty accepting country. There is a large degree of acceptance for new ideas, innovative products and a willingness to try new invention. Americans are more tolerant of ideas or opinions from anyone and allow the freedom of expression.   They accept risks and are risk-takers. American live more easily with uncertainly and skeptical about rules and regulations. They believe all problems can be solved and all obstacles will be overcome. Long-Term Orientation in Japan vs. Short-Term Orientation in America Japan being long term orientation is seen in the consistent high rate in terms of investment and research and development even in economically down time. Japanese prefer to progress slowly towards a long-term goal. Values associated with long-tem orientation are thrift, perseverance and making sacrifices for the future. Japanese embraces long-term commitments and sacrifice for a purpose. Serving the stakeholders and future generation are the long term commitment for most Japanese company at current. American orientation dimension focus on short term oriented culture. They measure their business as a short term basis as they are performance-oriented and result-oriented. Individuals are drives for quick results and are expect to produce quick results in the shortest time. American value the past and current resulting in respect for tradition and fulfilling social obligations. Varieties of Capitalism Facing the globalization process national economies and their institutional arrangements are confronted with the increasing competition to each other in order to generate the best economical results as national wealth growth, high employment etc. The liberal argumentation in this issue supports therefore institutional deregulation and the welfare-state retrenchment as the adequate responses to the challenge and names the economies of the USA and of the UK as the successful models of capitalism. In their opinion, the less liberal market economies as f. ex. Germany, Sweden, France or Japan should change their institutional arrangements into liberal ones to keep competitive on the global markets. The varieties of capitalism approach to the political economy is actor-centered, which is to say we see the political economy as a terrain populated by several actors, each of whom seeks to advance his interest in a rational way of strategic interactions with others. In which the relevant actors may be individuals, firms, producer groups, or government related. LME Vs CME Liberal market economies (LMEs), which coordinate activities via hierarchies and competitive market arrangements, classically described by Williamson. The LME system is based on arms-length exchange of goods and services, in the context of competition and formal contracting. Actors adjust to the price signals generated by markets. In many cases an effective coordination is achieved and equilibrium outcomes of firms behavior are given by supply and demand. Coordinated market economies (CMEs),  which make more use of non-market relations. Key elements of non-market relations are extensive relational investment, incomplete contracts and network monitoring based on the exchange of private information within networks, as opposed to competitive behavior. Both LMEs and CMEs have institutional capacities-albeit different capacities-for being competitive. For instance, firms in LMEs tend to compete on the basis of low cost and radical product innovation. Why? Because LMEs have institutions like weakly regulated labor markets as well as financial systems that impose short-term investment horizons but allow high risk taking. These enable firms to keep labor costs down, shed labor and close plants quickly, shift capital rapidly from one industry to another, and invest in risky but potentially revolutionary and lucrative research and development projects. In contrast, firms in CMEs compete more on the basis of quality and incremental innovation, such as adopting breakthrough technologies developed elsewhere. This is because CMEs have institutions like cooperative industrial relations systems within firms, coordinated wage bargaining across firms, national vocational training programs, and financial systems that allow for long-term investmen t horizons. These produce highly skilled managers and workers who tend to cooperate in planning, trouble shooting, and the introduction of the latest technologies in ways that enhance product quality (Hall and Soskice 2001b; Soskice 1999; Streeck 1991). This is not to say that all LMEs and CMEs perform successfully. Many firms in a coordinated market economies employ productive strategies that rely on highly skilled labor force given substantial work and encourage to share information it acquires in order to generate continuous improvements in product lines and productive processes. However, companies which adopt such strategies are vulnerable to hold up by their employees and stealing of skilled workers by other companies. Labour legislation in United States Wages Working Hours In US, the Department of Labor enforces the  Fair Labor Standards Act (FLSA), which sets basic minimum wage and overtime pay standards. (US Department of Labor, 30.10.12). The Act requires that employees must receive at least the  minimum wage  of $7.25 per hour and may not be employed for more than 40 hours in a week without receiving at least one and one-half times their regular rates of pay for the  overtime  hours. Overtime Pay: Not less than one and one-half times regular rate of pay Vacation and Sick Leave The  Fair Labor Standards Act (FLSA)  does not require payment for time not worked, such as vacations, sick leave or federal or other holidays. These benefits are matters of agreement between an employer and an employee (or the employees representative). The  Family and Medical Leave Act (FMLA)  provides for up to 12 weeks of unpaid leave for certain medical and family situations (e.g., adoption) for either the employee or a member of the covered and eligible employees immediate family; however, in many instances paid leave may be substituted for unpaid FMLA leave. Severance Pay Severance pay is often granted to employees upon termination of employment. It is usually based on length of employment for which an employee is eligible upon termination. There is no requirement in the  Fair Labor Standards Act (FLSA)  for severance pay. Severance pay is a matter of agreement between an employer and an employee (or the employees representative). The  Employee Benefits Security Administration (EBSA)  may be able to assist an employee who did not receive severance benefits under their employer-sponsored plan. Equal Opportunity Title VII of the Civil Rights Act of 1964  prohibits discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, colour, religion, sex or national origin. This law is enforced by the  Equal Employment Opportunity Commission (EEOC). Unemployment insurance programs In general, the Federal-State Unemployment Insurance Program provides unemployment benefits to eligible workers who are unemployed through no fault of their own (as determined under State law), and meet other eligibility requirments of State law. Unemployment insurance payments (benefits) are intended to provide temporary financial assistance to unemployed workers who meet the requirements of State law. Each State administers a separate unemployment insurance program within guidelines established by Federal law. Eligibility for unemployment insurance, benefit amounts and the length of time benefits are available are determined by the State law under which unemployment insurance claims are established. In addition to helping workers and their families, the Unemployment Insurance programs play a key role in helping businesses, communities, and the nations economy. The program helps cushion the impact of economic downturns and brings economic stability to communities, states, and the nation by providing temporary income support for laid-off workers. Unions and their members The  Labour-Management Reporting and Disclosure Act (LMRDA)  of 1959 deals with the relationship between a union and its members. It protects union funds and promotes union democracy by requiring labour organizations to file annual financial reports, by requiring union officials, employers, and labour consultants to file reports regarding certain labour relations practices, and by establishing standards for the election of union officers. The act is administered by the Office of Labour-Management Standards (OLMS). Summary In summary, we can see that the labour system in United States is fairly open with moderate regulation with emphasis on human rights with regards to minimum wages and equality of employment. Most of the other aspects of labour employment including severance pay, vacation pay, sick leave are left to the agreement between each firm and their employees. This is in line with their low uncertainty avoidance culture in which they accept risks and are risk-takers. American live more easily with uncertainty about rules and regulations. They believe all problems can be solved and all obstacles will be overcome with the right resolve. As Americans generally display small power distance, they tend to treat people fairly. American hierarchy is being established for convenience, communication is open, informal and direct. This could be one of the reasons behind their Labour-Management Report and Disclosure Act and the foundation behind the Equal Employment Opportunity Commission (EEOC). This open-culture nature of labour regulation would be a big draw for multinational corporations who are seeking overseas expansion in the face of globalization. Labour legislation in Japan Wages Working hours Japans Ministry of Health, Labour and Welfare dictates that an employer shall not have a worker work more than 40 hours per week, excluding rest periods, and more than 8 hours per day for each day of the week, excluding rest periods. (Japan Institute for Labour Policy and Training, 27.10.2012) Overtime Pay In the event that an employer extends the working hours or has a worker work on a day off, the employer shall pay increased wages for work during such hours or on such days at a rate no less than the rate stipulated by cabinet order within the range of no less than 25 percent and no more than 50 percent over the normal wage per working hour or day; provided, however, than in the event that the working hour thus extended exceed 60 hours per month, the employer shall pay increased wages for work during those hours at a rate no less than 50 percent over the normal wage per working hour. The Ministry may prescribe changes to these standards or limits or other items as they deem appropriate. Rest periods An employer shall provide workers with at least 45 minutes of rest periods during working hours in the event that working hours exceed 6 hours, and at least one hour in the event that working hours exceed 8 hours. Annual Leave An employer shall also grant annual paid leave in accordance to the following table. Number of years of continuous service from the 6 months completion day Working days 1 year 1 working day 2 years 2 working days 3 years 4 working days 4 years 6 working days 5 years 8 working days 6 years or more 10 working days Dismissal A dismissal shall, where the dismissal lacks objectively reasonable grounds and is not considered to be appropriate in general societal terms, be treated as a misuse of that right and invalid. An employer shall not dismiss a worker during a period of absence from work for medical treatment with respect to injuries or illnesses suffered in the course of employment nor within 30 days thereafter, and shall not dismiss a woman during a period of absence from work before and after childbirth nor within 30 days thereafter; provided, however, that this shall not apply in the event that the employer pays compensation for discontinuance in accordance nor when the continuance of the enterprise has been made impossible by a natural disaster or other unavoidable reason. In the event that an employer wishes to dismiss a worker, the employer shall provide at least 30 days advance notice. An employer who does not give 30 days advance notice shall pay the average wages for a period of not less than 30 days; provided, however, that this shall not apply in the event that the continuance of the enterprise has been made impossible by a natural disaster or other unavoidable reason nor when the worker is dismissed for reasons attributable to the worker. Equal Treatment An employer shall not engage in discriminatory treatment with respect to wages, working hours or other working conditions by reason of the nationality, creed or social status of any worker. In addition, under the Principle of Equal Wages for Men and Women), an employer shall not engage in discriminatory treatment of a woman as compared with a man with respect to wages by reason of the worker being a woman. Employment Insurance System Employment insurance in Japan is an obligatory insurance managed by the government and it is compulsory for any enterprise which employs more than one worker. Under this scheme, benefits are granted to the unemployed, to workers who are having trouble continuing their employment and to those who voluntarily receive vocational training. It aims to promote workers welfare and prevent unemployment by increasing work opportunities and skills training. Summary On the contrary from the United States system, labour employment conditions in Japan are very much regulated and controlled by the government. This is due in part to the fact that Japan is one of the most uncertainty avoiding countries. They dislike uncertainty and everything must be in good control without any uncertain occurring. As such, this is the need for many specific standards and limits in the form of exact figures to avoid ambiguity and confusion. There is also government emphasis on gender discrimination as Japan is a highly-masculine society. These rules protect working women as it is still tentatively hard for women to climb up the corporate ladders in Japan with their masculine norm of long working hours which result in high  discrimination against woman. An interesting point to note is that their labour legislation takes into account the impact of natural disasters on employment terms and agreements. Quite appropriate since Japan is an earthquake-prone country. Japan

STRATEGIC MANAGEMENT AND LEADERSHIP SKILLS INDUS TOWERS LIMITED

STRATEGIC MANAGEMENT AND LEADERSHIP SKILLS INDUS TOWERS LIMITED Strategic  leadership  basically means using strategy in the  management  of workers. The main strategy usually employed in a strategic style of  leadership  is to motivate workers to take the initiative to improve their productive input into the company. Strategy involves thinking and planning.  Leadership  inspires others to take the appropriate action. Strategic  leadership  is a management  model that trains and encourages employees to best prepare the company for the future.Strategic leaders are always looking ahead and analyzing the present in terms of preparation for what may be ahead for the business. Awareness is a big part of a strategic  leadership  style, but it must be followed up with well thought out action. Strategic leaders are adaptable and growth-oriented. They take responsibility for getting things done by training employees to think and act more effectively to achieve the best result possible for the company. 1.2. The Impact of Management and Leadership Styles on Strategic Decisions Company Background Aircel group is a mobile phone service provider in india. It offers both prepaid and postpaid GSM Cellular phone coverage throughout India. Aircel is a joint venture between Maxis Communication of Malaysia and Apollo Hospital Enterprise Ltd of India. UTSB has a 74% stake in Aircel and the remaining 26% is with Apollo Hospitals. It is Indias Seventh largest GSM mobile service provider with a subscriber base of over 51.83 million, as of January 31, 2011. It has a market share of 6.72% among the GSM operators in the country. As on date, Aircel is present in all 23 telecom circles. Aircel placed an actual dinghy lifeboat to a downtown billboard. A rope with a sign reading, In case of emergency, cut rope, held up the branded raft. July 15, 2009 the monsoon arrived with flooded streets and so did Aircel customer service. The dinghy was cut down and pedestrians were safely transported. What Aircel calls Corporate Social Responsibility A Solution. The company was able to generate positive p ublicity and show consumers that they care. Aircel is famous for innovative Pocket Internet cards for Free GPRS service for 1day/3days/7days/30days. Aircel become first to introduce Online service to subscribe and manage Dialer tunes. It is first in country to introduce SMS bank/Phone Book/Reminder/Talking SMS. In the past several decades, management experts have undergone a revolution in how they define leadership and what their attitudes are toward it. They have gone from a very classical autocratic approach to a very creative, participative approach. Somewhere along the line, it was determined that not everything old was bad and not everything new was good. Rather, different styles were needed for different situations and each leader needed to know when to exhibit a particular approach. 1.3.Leadership Styles Can Be Adopted For Different Situations A leadership style survey is a innovative thinking of starting about leadership. using leadership style in organization is a different way from leadership competencies of explaining leadership. Leadership style is the essential quality in the organization, implementing plans, innovative thinking, initiative, motivating the team members Three of the most basic leadership styles are: Autocratic Laissez-faire Democratic Autocratic: This is something one peson decision, the leader tells the employees what to do and what not to do, the employees dont have any option they have to follow their leader instructions. The employees dont have the liberal freedom by thinking of innovative or they cant take any initiatives in the work or growth for the organization. This style can be followed only if the employees have all the sources in the hand, because its something the leader orders to the employees and they follow them, so if every information is available to the employees they can finish the work with in the time frame of the limit. Actually this type of style should not be used as it is a emergency case. If we need initiatives and commitment from our employees we have to motivate our employees, so we have to follow the participative style. In this autocratic style we have a gap leaders and employees this leads to improper communication and understanding. Laissez Faire: In this style the leader gives the full liberty to the employees to take there own decision. But its not something final what the employee does, the employee has every rights to take the decision, However leader is responsible for whatever the decision is been made, The decision can be made where the employee should know about the in and out of the process and analyse the situation how the decision can be made, we cant make the blind decision, we can set the target to complete the task. This is not a style we can blame the employees if things went wrong, its something we are trusting employees and having confidence of the people who work below us. We should not afraid of using this style, we can use it wisely, by following this style employees will gain confidence and they can grow as an future leader. Democratic: This is the current style used in the organization, this style leader and employee merge together and comes to the final decision. Because certain things can be assessed only by the employees and not by the leader. The work done by the employees cannot be predicted how to handle this issue in the hectic situation. So the leader has no other go to contact the employees for final decision. Its not something the employees can take the final decision, it should be authorized by the leader, then it may get in to final decision. This style shows the good understanding between the employees and the leader. The employee recruited are highly skilled. Using this style will benefit the organization as well as it creates the good relation with the leader and employees. 2.1.The Selected theories of management and leadership have on organizational strategy: Under the autocratic leadership style in the organisation, The leader has the power of centralized decision making in the organisation. This is common to the directive style from organizational situational leadership Autocratic managers do not entertain any idea or initiatives from coworkers. The autocratic management is helpful to the managers because it gives a recognition to the team and organisation as well as it motivates the manager. It helps in quick decision making, as he is the only to decide for the whole team and the manager keeps decision to himself until he feels that is necessary to be shared to the coworkers. The autocrat tells others what not to do and what to do but not necessarily why it might be an appropriate model for the organisation where the team has low experience and skills or It has to be used in the effective way in the organisation with modern work forces. Participative or democratic style The democratic leadership style advantage decision making by the group as shown, such as first leader will set up the meeting with the group and he asks for the suggestions then he will give instructions to the group members. This style is more helpful for the managers so that the group member will be cooperative to the managers, and they may be motivated effectively and positively by the managers. The decision of the democratic leader is not unilateral as with the autocrat, because generally they used to discuss with group members and they will get a final idea with the group, and finally the manager will go for suggestion and ideas so that all the group members will participate by them. Democratic is not something is put to the vote it is the manager involves in to the participation of the group of members and make decision consulting with the group member and he has every right to take the own decision and cascade the final decision to the team members. If some one could not follo w or discuss with the team members then it may be a weak leadership. Free rein style or Laissez-faire A free-rein leader does not lead, leaves the group freely entirely on its own as shown; such as leader allows maximum liberal freedom to the group members, i.e they have given a liberal freedom and suggestions in choosing their own policies and procedure methods. 2.2.Leadership Stretegy Supports organizational direction: Its to remember the alternative situations for alternative leadership styles in the organisation. In the emergency time we have only little time only and where as in designated authority has more experience in the organisation or the rest of the whole team if they follow the autocratic leadership that would be more effective. In the case of highly motivated and designated team with a knowledge level of expertise, a more democratic or laissez faire style may be much more effective. When I complete the strategic leadership style survey I should remember that the leadership style has adopted and that would be the most effective and achieves the objective of the whole while balancing the interest of members of individuals. Also this leadership style survey is provided the answer but its not something we got the right answers, but I have the opportunities to ask the right knowledge questions in a right time about the leadership style at present and in the future cases. 3.1. Appropriate Method to review current leadership requirements: Jun Liu Business School, Renmin University of China, Beijing 100872, China Xiaoyu Liu School of Labor Relations Human Resources, Renmin University of China, Beijing 100872, China Abstract Leadership research has gone through several phases of development in the past 80 years or so. The paper identifies the major theories in each phase, and investigates the strengths and weaknesses of the research. Among those theories, transformational/charismatic leadership and leader-member exchange (LMX) are heavily discussed. The paper also discusses the future trend of research in leadership areas. Keywords: Review, Transformational Leadership, LMX Leadership can be defined as a process that an individual influences a group of individuals to implement strategies and achieve the collective goals (Yukl, 2002). Research in the area seeks to find out what types of leaders are likely to be successful and what factors determine leadership effectiveness. Generally, leadership research has gone though four paradigms: trait approach, behavioral approach, situational approach, and the contemporary theories of leadership. The paradigms of leadership theories shift with the progress from static to dynamic view of leadership with the trait and behavioral theories reflecting a personal, the situational theories an interpersonal, and the contemporary theories a relational approach to conceptualizing leadership. That is to say leadership has been examined as intrapersonal competencies, interpersonal processes, and relational dynamics. More specifically, I review those approaches, their strengths and weaknesses as followed: The trait approach The trait theories assumed that leaders were born, not made. In the literature, Stogdill (1948, 1974) completed two comprehensive reviews by synthesizing more than 200 studies of the trait approach. His two surveys identified a group 3.2.plan for the development of future situations requiring leadership -poor management performance -low   employee morale -unstable   organization structure -unsustainable business practices -high   employee turnover -unable to   manage diversity -Poor   Measured organizational performance improvement -Decreased quality of management -Poor   Healthy organizational climate- -Lower   morale -Increased   labor   turnover -Lack Organizational and personal growth -Poor teamwork -Lack   of   Retention strategies-talent leaving   the organization. -chronic industrial relations problems   -no means of resolving employee grievances   -increasing   employee turnover   -inter-group conflicts   -dissatisfaction with pay and conditions   -unclear job roles   -no clear performance measures   -poor recruitment standards / practices   -no management development programs   -no induction training for new employees   -critical skill shortages   -inter-departmental conflict   -lack   of   sufficient skills / power bases in the organization. -lack   of   appropriate leadership skills within the organization?   -lack   organization structure flexibilty   in the face of changing demands. staff have no clear roles and responsibilities?   -lack   of   procedures and management practices to facilitate the accomplishment of tasks. -lack   of   Ã‚  staff   potential spotting   Ã‚  and development   Ã‚  for the future. -lack   of   staff encouragement   to perform well through the giving of recognition, feedback, etc. -staff   do no   know what their expected performance standards are.   -organizations systems   do not encourage effective performance among your staff. -systems are   not   consistent across the organization. -there are   no clear rewards for effective performance within the   work group.   4.1. Developing leadership skills for a specific requirements Leadership has been described as the process of social influence in which one person can enlist the aid and support of others in the accomplishment of a common task.   Alan Keith of Genentech states that, Leadership is ultimately about creating a way for people to contribute to making something extraordinary happen. According to Ken SKC Ogbonnia, effective leadership is the ability to successfully integrate and maximize available resources within the internal and external environment for the attainment of organizational or societal goals. The above characteristics of being leaders; they are controlling and directing day to day business, they support the staff, they work as chefs and waiters and they try to achieve the best profit they can. 4.2. Useful methods to plan the developing of leadership skills Basic Skills in: Solving the problem and Making the decision Strategic Planning Delegation of work Internal Communications with the team Meeting Management with the mentor Managing Yourself with in the organisation

Insights On De Tocquevilles Democracy In America :: essays research papers

Insights on De Tocqueville's Democracy In America It has been said that a French aristocrat Alexis de Tocqueville, who visited the United States in the 1830's, "understood us" in a way that few observers (foreign and domestic) have. Furthermore, Tocqueville's Democracy in America is often cited by present-day critics because so many of the observations in it seem extraordinarily suitable even more than one hundred and fifty years later. Alexis de Tocqueville was born 1805 into a minor noble family, in which his grandfather had been guillotined during the French Revolution. He had come to the United States in 1831 to study the prison system, in which he did not do, instead he wrote Democracy in America. He had stayed in the United States through February 1832 for about nine months, so intrigued by democracy, majority rule, and the absence of social hierarchy. Democracy in America was first published in 1825, full of observations and interpretations, was written as a sort of warning for European readers; "Is this what you want?" he asks. This book was famous for two accurate predictions, one, the U.S. would someday be a world power as would Russia, second, race would prove to be the most intractable problem for the U.S. One of Tocqueville's observations about the United States is that he thought there is no country in the civilized world that is less attention paid philosophy than the United States. This is applicable to American life in 1997 because the whole world is practically joined to the United States. Just about every country in the world trades with, tours in, and watches for the United States. What I mean by watches is that they practically always know what's going on (except for the top-secret things) in the United States, whether it be by television, computers, or satellites they know what the U.S. is doing. The U.S. is basically a "free-for-all" county; the laws and schools are less strict than other countries such as, Japan in which the students there have to go to school six days a week with much more homework then U.S. schools. Another observation of Alexis is that religion is associated with all the customs of the nation and all the feelings of patriotism. Another way of saying this that there is a religion for everyone. This is still true in 1997 because everyone has there own belief and goes to the church or believes in the religion that they desire. The religious person believes in what he or she wants to believe in and in most case respects what another persons religion might be.

Kafkas The Trial :: Kafka Trial Essays

Kafka's The Trial Kafka's The Trial follows a man, K., as he is arrested and released for an unknown offense and attends a series of bizarre trials. He tries to comprehend and extricate himself from an outrageous course of events, which transpire suddenly in his life. K. is persecuted by this unimaginable court, which seems to hold a quasi-authoritative place in society. K.'s life seems to spiral out of control while he and the reader struggle to understand what is going on. Kafka uses this piece to criticize bureaucracy, even in a seemingly democratic society. Kafka believes that bureaucracy is endangering the freedoms of the individual in modern society and that it is extremely detrimental to society in the long run. It is not readily identifiable what geographical location Kafka is referring to in The Trial. Based on the rest of the novel's bizarre twists and turns it seems that Kafka did not want to nail down any concrete location to weight down his surrealist story. While there is no link with any known location (other than perhaps Kafka's hometown of Prague) the surroundings are modern and urban. In The Trial, K spends most of his time in various buildings with very little mention of any identifying characteristics. Kafka seems to center around middle class urbanites for the most part. Kafka tackles the evils of government and bureaucracy, concentrating on the social implications of these man made authorities on the individual. Reification seems to serve a pervasive role in Kafka's The Trial. Reification is when something abstract is given material worth by a society It seems that Kafka is questioning how the legal system has been given so much authority and power making it a material entity. In 1912, when Kafka penned The Trial, the rise of the republic was evident around Europe. There was a renewed emphasis on realism and rationale, which also makes an appearance in The Trial. When published, Kafka's novels "evoked the hopelessness of individuals confronting a relentless, machinelike society in which they are minor cogs". As the threat of war swirled in Europe (World War I was just on the horizon), anti Semitism and nationalism surrounded Kafka. In the arts, the rise of modernity created a challenge to positivism that could not be silenced.

Facilitating Learning and Assessment in Registered Nurse Practice Essay

In this portfolio I intend to expose the requirement of PP0127 of the process of facilitating learning and develop the skills of assessment as a registered nurse in the clinical practice. Mentoring is a development skill that offers a chance to deliver skill and knowledge by educating new students without any expectations and fears as mention by Huang & Lynch, (1995). I have been in the nursing industry for the past 4 years as a registered nurse. I am working in dialysis unit department as well knows private hospital that has been established for 27 years in Southeast Asia. I has been completed my diploma in nursing in year 2010 as recognized by Malaysia Minister of Government and commenced profession in year 2011. Being one of the senior nurses within my department, I am in charge of orientation of the dialysis department as well as the Environment Safety Health guidelines for the newly employed registered nurse in dialysis unit department. My nurse manager was assigned me to supervise a new registered nurse Miss Rina (pseudonym) in my department. She was graduated from nursing college in year 2013. Rina aged is 21 years old and originated from Malaysia (Appendix 1). Rina is under the mentorship of myself on the track for learning, new skill and establish better practical knowledge of the department. Rina was required to enhance her skills and knowledge in preparation of extracorporeal circuit for hemodialysis (Fresenius machine). A learning contract was also signed by Rina for consent of monitoring assessment (Appendix 2). Identifying Learning Needs, Planning and Managing Students Experiences Honey and Mumford (1992) in their adaptation of Kolb suggested four learning styles which recognized as activist, reflector, theorist and pragmatist in accordance with four-stage learning cycle of having an experience, reflecting on it, drawing applying the lessons learned. Therefore, Rina’s performance was observed prior to the provision of the program period. Rina learns was identified as a reflector learning styles. It is mean reflectors learn through observation, and by thinking about what they have observed, and constructing meaning through the process of the reflection. Specifically, it is expected that at the end of this provision period Rina would be able to: Understand and explain about the procedure Extracorporeal circuit is prepared under aseptic technique Visible air and sterilant are completely removed from the extracorporeal circuit. To provide safe delivery of patients care by ensuring Scope This procedure shall be carried out by clinical staff who have successfully completed the ‘Introduction to Renal Dialysis’ course certified competent Learning outcomes Outline the principles of prepared Extracorporeal circuit Outline the roles and responsibilities of the learner in prepared Extracorporeal circuit Demonstrate competency in prepared Extracorporeal circuit According to Furzard (1995), facilitator is reflected by coaching a learner in positive way to develop the process of teaching in their clinical placement. Mentors are being encouraged to use different way of technique to the learners, so that learners will more crucial and show interest to learn the procedure. It will also make learners to be systematically in the learning process Lister (1990). Fundamentally, as a mentor, I need to apply some theories and principles, to be able to plan and deliver a good lesson for Rina. Therefore, the knowledge will able to meet Rina’s needs and help her to achieve her goals. One of the most powerful theories is Maslow’s hierarchy of basic needs (1962) about motivation (Appendix 3). It is make me understand that my Rina will give up if learning is not take place in the appropriated manner without motivation. Motivation in the work place is important for Rina to achieve her goals. Besides that, physical environment is also important area in facilitating of learning in clinical practice. The process of teaching environment will be arranged in the clinical practice to decrease barriers between mentor and learners (Quinn, 1995). Through these, explanations, discussions and questioning, discussions will be beneficial for Rina to extending her skill and knowledge to perform well in the clinical practice. In these situations both of feel more comfortable and freedom to ask questions and talk openly to clarify the doubts. According to Rogers (1969), the demonstration skills are important within the clinical practice, so that learners will be profession in their skills. I also provided the method of how to prepared the Extracorporeal circuit, and  demonstrate the procedure to Rina. Bloom’s Taxonomy was created in 1956 under the leadership of educational psychologist Dr. Benjamin Bloom in order to promote higher forms of thinking in education, such as analyzing and evaluating, rather than just remembering facts (rote learning). The committee identified three domains of educational activities or learning (cognitive, affective and psychomotor) (Bloom, 1956). This learning helps Rina to develop her knowledge, attitude and skills. According these principles, a learning plan was done in the four weeks’ time (01/01/2014 to 31/01/2014). This is guarantee that appropriate time is provided to Rina to learn and complete the procedure gradually in the due time (Appendix 4). Facilitating Learning and Assessment An orientation program was conducted with Rina to make her feel comfortable and explain the plan about what are the expectations, responsibilities and attitude throughout the assessment. It is helps Rina to reduce her stress and anxiety. As a mentor, I will be providing her more confident and responsible to guide learners to avoid doing errors (Jeffery E.Auerbach). Rina has her basic knowledge on dialysis. Her requirements that she needs to achieved in her provision period was: To provide safe delivery of patients care by ensuring Definition of priming extracorporeal Why extracorporeal prepared under aseptic technique Why visible air and sterilant are completely removed from the extracorporeal circuit Complications if present of sterilant in extracorporeal According to Tomlinson, C. A. (1999), learners are will be act more effectively by visualize, perceiving and feel the sensations while performing procedure. Learners will be learning new things every day and gaining experience in daily activities. Visual learner is a learning style that easy to understand the contents from the aids and organizers. Rina was benefits from visual aid as a visual learner. Therefore, learning subjects like ideas, concepts, data, mind mapping and other information are related with images and techniques were presented via slide show to facilitate Rina’s learning. The teaching methods described by Collins and colleagues in the ‘cognitive apprenticeship model’ (Collins et al. 1989) are highly  specific and designed to foster situated learning and thus can be assumed to enhance learning in clinical practice. Collins et al. (1989) proposed six teaching methods promoting situated learning by helping students to acquire both cognitive and meta-cognitive skills and focus their observation of expert performance in practice so as to facilitate the development of their own problem-solving skills. Additionally, these methods foster the autonomy of students’ learning processes by encouraging students to formulate personal learning goals. In this study we will explore the use of the six teaching methods (modeling, coaching, scaffolding, articulation, reflection, and exploration) of the cognitive apprenticeship model as well as the role of the learning climate. As mention by Albert Bandura, learning is a process of observing people’s attitude and trained to develop learners as a role model in future. Apart from that, learners will be captured by listening and observing of the performance in their clinical practice as a learning point to achieve their goals. Rina’s attitude was identified by visualized and perform the job skills before carried out a task. This learning method was given a positive perception for her because visual learners are expert at observing and perceiving details. During the assessment periods, Rina was required to observe my demonstrations of the procedure, how to prepare the correct technique of preparation of extracorporeal circuit (Appendix 5). The process of learning as a mentor will be develop by understanding and gaining information of the procedure before task has been performed to the learners. Therefore, learners will be more confident and awareness to handle the procedure appropriately. Mentors are inspiring to be attentive to identify learners learning skills before guidance’s are being carried out, therefore difference types of learners has different type of learning skills that are be performed during working environment. Besides that, by observing learners performances through demonstration will be identify their understanding of the procedure. To be an effective mentor, mentors are encouraged to be prepared as a role model to a learner as suggested by Eric Parsloe, (1999). Rina was required to implement the procedure accurately after the demonstrations were given by me. These demonstration practices will be emphasize to develop her skills. It is also encourage and motivate her with adequate knowledge, thought process and supportive environment. Scaffolding has been defined by Wood, Bruner, and Ross (1976) as an â€Å"adult  controlling those elements of the task that are essentially beyond the learner’s capacity, thus permitting him to concentrate upon and complete only those elements that are within his range of competence. This method are supporting as well as providing comfort for Rina throughout the practice training. Learners are encouraged to think critical thinking and to clarify their doubt clearly in their professional as they will be prioritized on their learning practice and speak clearly to understand their needs. These critical thinking process will be enhance challenging for learners to interconnect their learning and procedure as they hands on with real equipment as mention by Chitty, (2001). As a mentor I arranged some questioning section for Rina to stimulating and clear her doubts better understanding. According to Bulman & Schutz (2008), mentor and learners are reflected by experiences one other to evaluated their performance in daily and upcoming practices for improvement. Through reflection, I was identified Rina’s strengths and weaknesses. It will be beneficially for me to make effectively and competently to guide Rina to improve and develop her skills as a professional registered nurse during the training periods. Kolb’s experiential learning theory offers the career counselor a meta-model with which to structure career exploration exercises and ensure a thorough investigation of self and the world of work in a manner that provides the client with an optimal amount of learning and personal development. During the third week of Rina’s training program, Rina was required to assist the senior registered nurse in preparing extracorporeal circuit. By this way encouraging Rina to implement her skills and providing safe deliver care. Rina’s performance was observed by me and another senior registered nurse to determine if she is able to handle and solve problem independently. While assessment, both formative and summative assessment were completely to assess the outcomes of learning skill of Rina. Instantly, competency checklist is important for learners to evaluate their level of understanding of the procedure so that learner will be more conscious on what they have being thought to perform according to the procedure as suggested by Yorke, (2003). Formative assessment is a feedback process of given an opportunity to demonstrate Rina’s learning. It is because to determine me to evaluate her response of the knowledge and skills that she received, and make adjustments i n learning plans for Rina in identifies areas need improvement  (Appendix 6). Through the assessment, Rina will be observed to see whether she successfully complete and was able to perform the required responsibilities by performing correct procedures (Appendix 7). Summative assessment is to finalize the feedback and evidence based of learning for learners to complete their assignments which has been thought in their learning process by Hanna & Dettmer, (2004). Summative assessment is evaluation of Rina at the end of the training program to identify the outcome of the program. By this summative assessment, I know the level of Rina understands about performing the procedure. These assessments include an exam (Appendix 8). That examines to grade Rina’s skill on preparing extracorporeal circuit, as well as her ability in the knowledge. Rina will repeat the assessment that she failed to make sure the important skills and knowledge are required at the end of the training program. Providing Ongoing Support and Guidance The Vygotsky, (1978) suggested that, zones of proximal development (ZPD) are identified that, real development progress by each and individually in their career. Mentor will be encouraging to involved learners to resolve problem solving by independently when learner occurs difficult time so that learner will be have a chance to experiences in their lesson. Besides that it also enhances to be a team work among colleagues and proficient on career. Furthermore, by using these techniques of learning Rina will be developing skills and approach through effective ways. Hereafter, it is comfort for Rina to be more confident to proceed the procedure of preparing extracorporeal circuit without any nervous or anxiety throughout the training and after the provision period also. During the provision period, I and Rina meet twice a week for discuss about the problems that she encounter and need further help to improve herself in performing the procedure. On this meeting time, the things of discussion were recorded as mention above (Appendix 4). Additionally, a senior registered nurse Dolly (pseudonym), with 10 years’ experience in dialysis unit department was assigned as Rina’s co-mentor, for the reason that Rina can look for her assistance when I am not around. In Kimble’s original definition he states that behavioral potentiality in learning occurs as a result of reinforced practice (Olson & Hergenhahn, 2009). Learning is a difficult definition to state because  learning is only observable through behavioral changes. Because learning cannot be observed if there is no change in behavior, the definition must contain and emphasize the need for behavioral change and in the textbook’s definition it stresses the importance of experience but leaves the theorist to specify the kind of experience he deems necessary to his research (Olson & Hergenhahn, 2009). Behavior is a key component when discussing the learning process. Without changes in behavior it is nearly impossible to document or record that learning has taken place. Olson and Hergenhahn claim that, the change, based on the definition given, must also be relatively permanent and must result from experience (2009). Thus, I believe that Rina will be able to learn from Dolly by observing how she performs the procedure by her way. Rina also had some discussion with Dolly to clarify her doubts. Through these Rina can improves her skills and perform well with confident. Furthermore, Dolly and I support and guide Rina in the practice area by assessing, evaluating and give positive feedback whenever she do the mistakes in her procedure to encourage her to achieved the knowledge, skills and to make improvements to promote her progress. This is one the framework to support learning and assessment in practice for Rina. Summary of Personal and Professional Development in Mentorship In the conclusion, I have confidence in that I and Rina have benefited throughout the assessment period. Rina was successfully accomplished her target to developing skills and knowledge in the assessment. According to David A Stoddard (2009), â€Å"mentoring involves helping others to discover and pursue their passions, recognize and deal with their pain and sort out their priorities. More than a sound business practice, mentoring is really a stewardship issue. It’s an opportunity to give of ourselves – our experiences, our expertise, and our gifts- and take advantage of opportunities to help someone be all that they can be.† I understand that mentoring is a challenging process for both of us, me as a mentor and for Rina as a learner to teaching and assessing her throughout the provision period. These mentoring processes identify my strength and weakness to progress my personal and professional development in career. Throughout the assessment period I have extended my knowledge and understand how to become a good mentor and has confident to guide learners in different methods for  my future students. I have also known various assessment and teaching strategies through the aspects of NMC standards. Further that, being a mentor is a good opportunity for me to identify my skills and knowledge in my department. It is helps me to developing my skills and knowledge as mentor role. In future, I as a mentor will be more confident in teaching my learner.

Tuck Everlasting Book Reveiw

Tuck Everlasting Winifred Foster Winifred (Winnie) Foster was born into an affluent family. Her parents, Mr. and Mrs. Foster owned the nearby forest. One day while she was catching lightning bugs Winnie was visited by a peculiar man in a yellow suit, he was looking for someone, but he didn't say who. The next day Winnie ran away after getting annoyed by her parents†¦ The Tucks The Tucks had a secret. In the forest owned by the fosters there is a fresh water spring if you drink this water you will stay the way you are forever and never die.Without knowing about the defect the Tucks drunk some of the water out of the spring. Now in the 1880's, 85 years later from when they drunk from the spring they were still alive without their secret being discovered yet†¦ Both Worlds Collide Until Winnie Foster sees Jesse Tuck drinking from the spring. To keep her from telling the secret the Tucks temporarily â€Å"kidnap† her promising to take her back home once she understood the reason why she could not tell anyone about the spring.Soon rouble rises when the peculiar man in the yellow suit hears Mae Tuck telling Winnie about the spring. What will happen to the Tucks and Winnie? Read this book to find out. My Opinion This book was not one of my favorites because I like books that have more mystery and romance in them and Tuck Everlasting is a little more historical fiction. Movie vs. Book People always say the book is always better than the movie but in my opinion this was not the case with Tuck Everlasting. After watching the movie I was a bit isappointed that the book was not better.I actually liked the movie's plot better than the books because of the following reason's. 1. In the book Winnie is 10 turning 11 but, in the movie Winnie was 14 going on 15. 1 think that 15 was a good age for Winnie to because of the events that happened it seemed more likely for a girl who is 15 to experience all these things rather than a girl who was 11 . 2. In the book al l the main events happened in a span of 3 days while in the movie he events happened in a time span of weeks.