Saturday, August 24, 2019
Recomendation Report Research Paper Example | Topics and Well Written Essays - 1000 words
Recomendation Report - Research Paper Example Employee turnover is high, while customer satisfaction is low. Professional duties comprise answering customer questions about services and possible complications regarding the use or repair of products. The quality of services is low, as noted by the customer complaints about unprofessional conduct and low quality assistance to their requests. Employees lack proper training in inter-human communications, computer use, and are insecure and inexperienced. So far, all new employees obtain only three days of training prior to their activation, and this training is based on mentorship. The knowledge gained through mentorship is limited to observations only, as the older employee must, in the meantime, assist customers as well. Combined with the lack of proper training and no opportunity for career development, employees leave the company. As a result, organizational development and training programs at the call centre will be addressed in this report. Job analysis and design represent th e first step. The formerââ¬â¢s purpose is to improve organizational performance and productivity (Cook, 2007, Sl.7). Job analysis determines ââ¬Å"duties and skill requirements of a job, and the kind of person who should be hired for itâ⬠(Dessler, 2002, p.60). Three components need to be analyzed. First, evaluate the organizational structure in order to determine the organization wide division of work, interrelationship of different positions and how the examined position ââ¬Å"fits in the overall organizationâ⬠(Dessler, 2002, p.62). This is where objectives are identified and refined (Cook, 2007, Sl.31). Supervisors should define long and short term goals of their departments to increase employee awareness of the companyââ¬â¢s success. The second part is analysis of activities performed in a particular job (Dessler, 2002, p.62). Supervisors are consulted to verify the job analysis information obtained (Dessler, 2002, p.62). The third part is training of employee s, which aims at enhancing organization efficiency and job satisfaction by the employees (Clark, 2007, Sl.30). This part educates employees as per their particular position, standards, as well as provides them with tools to execute their duties according to satisfactory standards. Job Training Techniques Training will be directed toward the skills customer service representatives need in order to satisfy their customers, and also feel satisfied with their own performance. Psychological, as well as technological aspects will be addressed, such as correspondence on the phone and basics of Microsoft Office, as well as how to coordinate with the supervisor, mentor (mentee) and tech support (Everest Continuing Education, 2011 ââ¬â 2012). More specifically, human performance technology will be used (Manu, 2004, p.12). This model aims to increase productivity and compliance with company goals (Manu, 2004, p.12). Causes of performance gaps have been identified. Thus, based on the object ives of the company, training guides will be designed and implemented (Manu, 2004, p.13). Performance objectives of the company and specific jobs are reflected upon job description and specification. These aspects will be clarified and taught to new, as well as older personnel. The training program will include services, measurement, and feedback requirements to the supervisor and human resources (HR); old as well as new tools and equipment; new services; and
Friday, August 23, 2019
Wepons and selfdefence concerns in the USA and the UK Essay
Wepons and selfdefence concerns in the USA and the UK - Essay Example From a simple theft to a terrorist bombing, firearms play a vital role in committing crime. Do guns really help private citizens prevent crime through active self-defence and deterrence Or are they mostly used by criminals. This paper opens a window on empirical questions that have generated a small mountain of conflicting facts and opinions. There are several different factors behind the dilemma confronted by the new generation, which not only relates to the psychological factors but also emotional factors cannot be ignored in mentioning and analysing the reasons behind holding weapons. Robberies and assaults committed with guns can be a result of mental frustration resulting in the victim's death than are similar violent crimes committed with other weapons. According to case fatality rate for gun robbery, it is found that it is three times as high as for robberies with knives and ten times as high as for robberies with other weapons. "Similarly, in injuries resulting from criminal assault the case-fatality rate is closely linked to the type of weapon, as is also the case for family violence". (Cook, 2000, p. 35) There is another aspect of the same picture which states that there is much more concern of crime with weapons and self defence other than psychological one. Crime, either done with the help of weapons or without weapons, when analysed in the thought of basic assumptions, upholds the following reasons behind it: Crime is caused by the individual exercise of free will. Human beings are fundamentally rational, and most human behaviour is the result of free will coupled with rational choice. Pain and pleasure are the two central determinants of human behaviour. Crime disparages the quality of the bond, which exists between individuals and society and is therefore an immoral form of behaviour. Punishment, a necessary evil, is sometimes required to deter law violators and to serve as an example to others who would also violate the law. Crime prevention is possible through swift and certain punishment, which offsets any gains to be had through criminal behaviour. (Schmalleger, 1999, p. 230) As far as self-defence is concerned, policy interventions intended to separate guns from violence may have the perverse effect of increasing the amount of violence, and in some cases even making it more harmful. "The National Crime Victimization Survey (NCVS), a national survey based in United States for criminology gathers information on assault, burglary, larceny, theft and robbery and is generally considered as the most reliable source of information on predatory crime as it has been in the field continuously since 1973 and incorporates the best thinking of survey methodologists. From this source, it appears that use of guns in self-defence against criminal predation is rather rare, occurring on the order of 100,000 times per year. Of particular interest is the likelihood that a gun will be used in self-defence against a home intruder. One study of data from the NCVS found that only 3% of victims were able to deploy a gun against someone who broke in while they were at home. Reme mbering that 40% of all households have a gun, we conclude that it is quite rare for victims to be able to deploy a gun against intruders even when they have one available". (Cook, 2000, p. 37) Gun Oriented Policies Law enforcement
Thursday, August 22, 2019
Competition Act Case Essay Example for Free
Competition Act Case Essay In a telling judgement, the Supreme Court of India, on Sep. 9, 2010, has effectively and judiciously circumscribed the boundaries of exercise of power by both the Competition Commission of India (CCI/Commission) and the Competition Appellate Tribunal (ââ¬Å"the Tribunalâ⬠) while delivering its verdict in the much awaited case Competition Commission of India v. Steel Authority of India Ltd. This Note captures the highlights of the decision for readers of this Blog! Background: The Court was hearing an appeal by the CCI against the order dated Feb. 15, 2010 of the Tribunal in Steel Authority of India Ltd. v. Jindal Steel Power Ltd. Jindal Steel had filed a complaint before CCI alleging anti-competitive practices and abusive behaviour by SAIL while it entered into an exclusive supply agreement with Indian Railways. Upon receipt of the complaint/information, CCI issued notice to SAIL to furnish certain information for within two weeks from the date of receipt of such notice. SAIL requested for an extension of time upto six weeks to file the required information. CCI in its meting deliberated on the request and decided not to grant any further extension. In the said meeting CCI also formed a prima facie opinion on the existence of the case and directed the Director General (DG) to inquire into the matter pursuant to its powers under Section 26(1) of the Competition Act, 2002 (ââ¬Å"the Actâ⬠). SAIL challenged this direction before the Tribunal claiming that CCI could not have formed a prima facie opinion without hearing it first. SAIL also contended that CCI has not recorded any reasons while forming the prima facie opinion and that the time provided by CCI to file information was grossly inadequate. While filing the appeal before Tribunal, SAIL did not implead CCI as a party. CCI thus filed an application before Tribunal for impleading itself as a necessary and proper party and also assailed the very maintainability of appeal. The Tribunal, in its detailed order, holding that even the direction to inquire was appealable under Section 53A(1) of the Act noted that CCI could not have directed the DG to inquire into the complaint without having heard SAIL. It further noted that CCI was neither a necessary nor a proper party in appeals filed by an aggrieved party before the Tribunal. The Tribunal also noted that CCI did not record any reasons while declining to grant extension of time and hence it in violation of principles of natural justice. Appeal before the Supreme Court: Aggrieved by the order of the Tribunal, CCI approached the Supreme Court which framed six broad issues noting some of the allied issues raised by the parties: (i) Whether the direction passed by the Commission u/s. 26(1) of the Act while forming prima facie opinion would be appealable u/s/ 53A(1) of the Act? (ii) What is the scope of the power vested with Commision u/s. 26(10 of the Act and whether parties including the informant and other affected parties are entitled to notice at the stage of formation of prima facie opinion? (iii) Whether the Commission would be necessary or at least a proper part in proceedings before the Tribunal? (iv) At what stage and in what manner the Commission can exercise its powers u/s. 33 of the Act while passing interim orders? (v) Whether it is obligatory for the Commission to record reasons while forming prima facie opinion? (vi) What directions, if any, need to be issued by the Court for ensuring proper compliance of the procedural requirements while keeping in mind the scheme and object of the Act? The Verdict: Issue 1: The Court made an exhaustive study of the scheme and the provisions of the Act and rules of statutory interpretation, noted the distinction between ââ¬Å"andâ⬠and ââ¬Å"orâ⬠, referred to Indian, UK and European decisions to unearth settled principles of law and finally concluded that Section 53A(1) of the Act expressly provides for what decisions or orders or directions may be appealed before Tribunal. The Court noted that right to appeal is a substantive right which derives its legitimacy from the operation of law or statute. If the Statute does not provide for an appeal, the Court cannot presume such right. The direction to cause an investigation into a matter is passed under Section 26(1) of the Act does not determine any right or obligation of the parties to the lis. It does not find mention in Section 53A(1) of the Act and hence, the Court found that such orders would not be appealable under the Act. Issue 2 and 5: The Court noted that the exclusion of principles of natural justice (PNJ) is a well known concept and the legislature has the competence to enact such laws. Whether the exclusion of application of PNJ would vitiate the entire proceedings would depend upon the nature and facts of every case in the light of the Act or Rules and Regulation applicable to the case. The Court, then, read into various provisions of the Act and the Competition Commission of India (General) Regulations, 2009 in order to determine the nature of functions of the Commission under various provisions. The Court found that at the face of it, the exercise of power u/s. 26(1) of the Act while forming prima facie opinion is inquisitorial and regulatory. It held that while forming prima facie opinion, the Commission does not condemn anyone. This function is not adjudicatory in nature but merely administrative. This function is in the nature of preparatory measures in contrast to the decision making process and hence right of notice of hearing is not contemplated u/s. 26(1) of the Act. On the issue of reasons to be recorded at the stage of forming prima facie opinion, the Court held that the Commission must express its mind in no uncertain terms that it is of the view that prima facie case exists. Such opinion should be formed on the basis of the records, including the information furnished and reference made to the Commission. The reasons may not be in detail but there must be minimum reasons substantiating the view of the Commission. Issue 3: The Court reiterated the settled position of law relating necessary party and proper party. A necessary party is one without whom no order can be made effectively whereas a proper party is one in whose absence an effective order can be made but whose presence is necessary for a complete and final decision on the question involved in the proceeding. Applying the principle of dominus litus, the Court then noted that in cases where the Commission initiates a proceedings suo moto it shall be the proper party. In all other proceedings, it shall be a necessary party. Issue 4: On powers of the Commission u/s. 33, the Court noted in following terms: ââ¬Å"During an inquiry and where the Commission is satisfied that the act is in contravention of the provisions stated in Section 33 of the Act, it may issue an order temporarily restraining the party from carrying on such act, until the conclusion of such inquiry or until further orders without giving notice to such party, where it deems it necessary. This power has to be exercised by the Commission sparingly and under compelling and exceptional circumstances. The Commission, while recording a reasoned order inter alia should : (a) record its satisfaction (which has to be of much higher degree than formation of a prima facie view under Section 26(1) of the Act) in clear terms that an act in contravention of the stated provisions has been committed and continues to be committed or is about to be committed; (b) It is necessary to issue order of restraint and (c) from the record before the Commission, it is apparent that there is every likelihood of the party to the lis, suffering irreparable and irretrievable damage or there is definite apprehension that it would have adverse effect on competition in the market.â⬠Issue 6: One of the major outcomes of the case relates to the Courtââ¬â¢s recognition and affirmation of the expeditious disposal of complaints filed before the Commission. The Court found this to be a fit case to issue certain guidelines in the larger interest of the justice administration. These directions weigh special worth in the light of the fact the Commission, even after more than one year of the enforcement of the operative provisions of the Act, has not issued its order in a single contentious case. The Court passed following guidelines: (a) Even though the time period for forming prima facie opinion by the Commission is provided in the Regulations (i.e. 60 days from the date of filing information) it is expected of the Commission to hold its meetings and record its opinion about existence or otherwise of a prima facie case within a period much shorter than the stated period. (b) All proceedings including investigation and inquiry by the Commission/DG must be completed expeditiously while securing the objectives of the Act. (c) Wherever during the course of inquiry the Commission exercises its jurisdiction to pass interim orders, it should pass a final order in that behalf as expeditiously as possible and in any case not later than 60 days. (d) The reports by the Director General u/s. 26(2) should be submitted within the time as directed by the Commission but in all cases not later than 45 days from the date of passing of directions in terms of Section 26(1) of the Act. (e) The Commission/DG shall maintain complete confidentiality as envisaged u/s. 57 of the Act and Regulation 35 of the Regulations. Wherever the ââ¬Ëconfidentialityââ¬â¢ is breached, the aggrieved party certainly has the right to approach the Commission for issuance of appropriate directions in terms of the provisions of the Act and the Regulations in force. Reading between the Lines: The verdict of the Apex Court bears immense significance given the timing of and issues involved in the judgement. It may be noted that both ââ¬Å"competition law and policyâ⬠and the Commission are at a very nascent stage within the broad regulatory matrix of Indian economy. The judgement of the Supreme Court has rightly echoed the sentiments of proponents of free and fair market economy and it shall go in long way to effective sketch the competition law landscape in the country. At this point, I would like draw some conclusions which may not seem apparent at the face of it. They are as follows: (i) The Court, in its opening paragraphs, notes the importance of competition law and policy for any free market economy referring to three types of efficiencies: i.e. allocative, productive and dynamic. The Court observes that the main objective of competition law is to promote economic efficiency using competition as one of the means of assisting the creation of market responsive to consumer preferences. While it may be too early to conclude, but this certainly indicates that Indian Courts are going to lean towards Chicago School of Thought in the Chicago-Harvard dichotomy. It is the Chicago School of Economists which has brought the efficiency test as a dominant factor in last three decades in US Courts. (ii) While highlighting the aims of competition law, the Court makes a mention of the relevant laws of other jurisdictions including that of USA, UK and Australia. It would not be far-fetched to argue that the Court has indirectly hinted that in future, it shall definitely take into account the competition law jurisprudence developed in these jurisdictions while deciding contentious issues. That the Supreme Court is going to rely on EU and US Court decisions while explaining the substantive concepts involved in competition law is further strengthened by the fact that the Court referred to two decisions EU courts i.e. CFI and ECJ in its very first judgement related to the new Act even when there was no substantive concept of competition law as such involved. Remarks: (i) The Court has very effectively defined the ambit and scope of the powers of the Commission and the Tribunal at the stage of forming of prima facie opinion. No jurisdiction generally allows challenging the direction passed by the competition authorities to initiate investigation. However, there may be cases where the amount of information to be filed would be voluminous and the Commission in such cases must provide adequate time. It is doubtful whether a person would be able to challenge the denial of extension of time by the Commission in such cases. (ii) In larger interest of justice administration, the Court passed certain directions till the Commission formulates its own regulations in that regard. Though such a step by the Court is quite welcome, but the timelines provided by the Court are quite unreasonable and strict. For example, the Court has directed that the DG must submit its report within 45 days u/s. 26(2) of the Act. This seems quite onerous to be implemented in practice. The collection of evidence and ascertainment of facts would require the DG to issue notices to relevant parties. Such parties would have to prepare their responses which they intend to file before DG. All this may not be done within 45 days of time period. (iii)Though I fully agree with the Courtââ¬â¢s reasoning as to why Commission needs to give notice to parties at the time of forming prima facie opinion; the analysis seems to be incomplete as the judgement has not even referred to provisions of Section 36 of the Act. The Court should have analyzed the provisions of Section 36 while discussing the issue of compliance or non-compliance of PNJ. (iv)Finally, the Court also states that ââ¬Å"as far as American law is concerned, it is said that the Sherman Act, 1890, is the first codification of recognized common law principles of competition law.â⬠I do not want to sound picky, but to my limited knowledge, Canada was the first country to enact its Competition Act which was one year prior to the Sherman Act i.e. in 1889.
Wednesday, August 21, 2019
Procurement Purchasing Supplier
Procurement Purchasing Supplier After having investigated briefly in general the concept of procurement and the emergence of the concept of procurement , it is imperative for us in this chapter to delve in detail the analysis of the concept of procurement , the various theories which have been predicated at the international level and their relevance for our study under investigation . We would also have to critically scrutinise how the different models of procurement effectiveness measurements can help us in our analysis to delve in greater detail the relevance of procurement from the perspective of SOM . It is important that we have to undertake a holistic approach in the investigation of procurement practices and procurement effectiveness in our literature Review chapter for this forms the foundation of our secondary research. Our primary research which would be delved in detail in the subsequent chapters would be further developed on the strong foundations of this chapter. In the final analysis we would be util ising in adequate measure the concepts from the secondary research as they develop in this chapter and couple it with our derivations from primary research to gain a greater in-depth understanding of procurement practices in Shell Oman and hypothesize relevant recommendations and remedial solutions for bringing about effective changes in the present operational systems at SOM Definition of Procurement Relevance : it is important for our study to understand clearly the meaning and exact phraseology behind procurement for the purposes of investigation of procurement practices in SOM . Since Procurement is an extremely broad concept which has applicability from strategic , operations and tactical level , various definitions would have to be looked into and strategically decipher their level of applicability for our purpose of investigation . Procurement, purchasing, and supplier management are all terms used extensively. They may mean the same or sometimes may have significant differences. Since the term procurement covers many areas, from operational to strategic levels, Knudsen (1999) has summarized the different terms, used for acquiring good and services in the following table. Level Term Meaning Strategic Supply Management To be aware of the strategic impact of procurement and fully exploit it by formulating a supply strategy Tactical Procurement To satisfy internal demands with external sources which adhere to objectives set at the strategic level Operational Purchasing The minimum activities required to obtain external products or services that result in invoice from an external source Timo et al (2005), argued in their document, the quantitative definition of purchasing is not accurate and suggest to a broader scope of purchasing, adding pensions, other personnel costs, financial expenses and increase in assets within the scope. They define Purchasing as: ââ¬Å"Invoices or payments based on exchange of physical objects, services or rightsâ⬠. There are two basic types of purchasing in the business world: (1) Purchasing for resale and (2) purchasing for consumption or conversion (Dobler and Burt, 1996). Purchasing for resale is performed primarily by merchants. Industrial buyers buy materials, services etc. for manufacturing companies, service business, institutions, utilities, and various government agencies. Other definitions of Procurement are as follows: Procurement is the acquisition of systems, goods or services at the best possible total cost of ownership, in the right quantity, at the right time, in the right place for the direct benefit or use of the governments, corporations, or individuals generally via, but not limited to a contract. (Project Management Body of Knowledge, 2000) Procurement is the process of acquiring goods, works and services, covering both acquisition from third parties and from in-house providers. The process spans the whole life from identification of need, through to the end of a service contract or the end of the useful life of an asset. It involves options appraisal and the critical ââ¬Å"make or buyâ⬠decision which may result in the provision of services in-house in appropriate circumstances. (The Procurement process The Buyers Magazine, 2000). In the context of a procurement process, obtaining ââ¬Å"best value for moneyâ⬠means choosing the bid that offers ââ¬Å"the optimum combination of whole life cost and benefits to meet the customers requirementâ⬠.â⬠(National Procurement Strategy for Local Government in England, 2003) The Importance of Procurement Relevance : The importance of procurement in the changing face of corporate scenario of today is all the more important as there is a greater strategic interface between the procurement department and the other key departments within functional global corporate entities . In this regard the study of importance of procurement as a terminology would help us in understanding and appreciating the strategic shift in focus of procurement operations from tactical to a crucial strategic level . This would help us in highlighting the importance of procurement practices in organisations such as SOM under investigation Many authors wrote about the importance of procurement function in todays organization and how it can impact the bottom line. Different terms are used in the literature, Procurement, Purchasing or Supply management but they all apply to the process of acquiring goods and services for the business, which account for a huge corporate expenditure. The following main objectives show how the procurement function can contribute to a companys competitiveness (Axelsson et al, 2005): â⬠¢ Cost optimisation (e.g. lower transaction costs and overhead costs) â⬠¢ Asset utilisation (e.g. outsourcing and inventory management) â⬠¢ Value creation (e.g. process/products development and quality improvement) According to Procurement strategy council, the procurement function today is viewed as an important component of a firms strategic arsenal, the modern purchasing department can reduce a firms operational expenditure through streamlined purchasing and price reductions for goods and services. The article discuss that a smart purchasing can reduce costs 20% to 30%, freeing up funds to be used elsewhere. The realization that purchasing can impact bottom line saving has elevated procurements strategic importance. (Procurement Strategy Council, 2001) Improving the Bottom Line Reductions in Procurement Costs Directly Affect Net Income Income Statement (in millions US$) Initial 3% Reduction in OR Revenues $1000$1000 Operating Resources (OR) $350 $339 Direct Materials$220$220 Wages, Salaries, Benefits$200$200 Depreciation$110 $110 Taxes $60$60 Net Income After Taxes $60$71 Reducing purchasing costs translates directly into bottom line savings. By lowering OR costs by $11 million, a firm directly raises its after tax income by the same amount. Source: (Procurement Strategy Council, 2001) Further, van Weele describes in his book, ways that procurement can contribute to the companys competitiveness. They play a critical role in quality assurance by working with suppliers to ensure higher quality standards regarding incoming goods and services. Procurement can also effect how quickly a firm reacts to changes in demand, through increased involvement in supply chain coordination and inventory management. In addition, by reducing purchasing costs the function can contribute to substantial price reductions of the end product. The leverage effect of purchasing can be considerable depending on the purchasing-to-sales ratio and the capital turnover ratio. (van Weele, 2005) Nowadays companies outsource most of their activities, increasing their reliance on the competitiveness of their suppliers. . (J. Hamilton, 2002). As a support case study, the case of Toyota cars (Japan), can be highlighted, wherein 83% of all activities are outsourced form various global suppliers. (Toyota, 2000). This makes the process of procurement quintessential and in fact the most important, in todays business world. If a company procures the right quality products, at the right price, with the right delivery schedule, only then and then alone can it remain productive and competitive in todays environment (Ian McMillan, 2005) This shows that if the procurement process is not right, then the company product, the company image, competitiveness et al would surely take a dive. According to van Weele, ââ¬Å"This is why management has become increasingly aware of the purchasing functionâ⬠. Once regarded as a reactive activity, the procurement and sourcing process at leading firms is at the forefront of responding to and creating change. (Procurement Strategy Council, 2001) Within the past year, several new research initiatives from different relevant perspectives prove persuasively that excellence in procurement can lead to a host of proven, quantifiable business benefits (Procurement Strategy council, 2001). Lower operating costs, higher ROI, and a direct contribution to the bottom line are among the principal advantages that have been documented. The increased impact from purchasing on corporate performance is supported by a study recently conducted by IBM Business Consulting Services. In the study, called The 2005 Chief Procurement Survey, purchasing managers and other people in leading positions at companies around the world were interviewed concerning the current and future role of purchasing. Many reasons to the increased importance are pointed out, for example the growth in outsourcing, corporate restructuring and increased supplier value adding and risk. (The 2005 Chief Procurement Survey, 2005) Another study, conducted by business consultancy Archstone Consulting, found that nearly 90 percent of participants agreed that procurement plays a strategic role in the competitiveness of their organization, but needs to be further elevated in the organizational hierarchy to be truly effective. (Supply and Demand Chain Executives, 2004) The best-practice companies truly understand the power of procurement, says Pierre Mitchell, a director at The Hackett Group, which recently concluded an in-depth research into the procurement practices of more than 300 companies, found that world-class organizations generate 133 percent greater return on their investment in procurement than the average companies. The bottom line is that world-class companies continue to take a very different view of procurement, looking at it as an investment rather than as a cost center, says Mitchell. This is how they generate the millions of dollars in additional savings that other companies dont see. (Quinn, 2005) Ready or not, procurement is moving to center stage, with top billing on the corporate agenda. At companies around the world, CEOs and boards are counting on procurement initiatives to keep their businesses favourable positioned in todays intensely competitive marketplace. (The Global CPO Survey, 2005) To understand the new found omnipotence of the procurement process in organisational hierarchy, it is imperative to understand the stages of development of the process, right from its inception (Quinn, 2005). Historical Development Relevance : The historical development of procurement would help us to analyse the changing face and role of global procurement practices and understand critically how over the years the concept of procurement has begun to occupy the one of the centre stages for corporate performance . As would be revealed in this section we would find that procurement can no longer be visualised as an isolated entity but has to be strongly viewed as an inherent and integral part of the process of company operations. The historical development of procurement would add on a chronological dimension to understand the growing importance of procurement over the past decades . In the early 1970s, Ansoff, opined that the purchasing process played a passive role in the business organization and did not have any strategic role. (Ellram and Carr, 1994). The 1973-74 oil crisis and related raw materials shortages drew significant attention to the importance of purchasing. However, top management and purchasing professionals, did not react to enhance the role of purchasing in corporate strategy until when Porter came with his famous five force model that shape the competitive nature of industry, identified buyers and suppliers as two of the five critical forces. Thus, the strategic importance of the supplier and the firm as a buying entity began receiving recognition in the mainstream strategy literature. (Ellram and Carr, 1994). Since then 1980s the attitude toward procurement was changes and evolving to a more strategic level. According to the procurement strategy council article, the procurements movement from a tactical to a more strategic role in corporate operations is predicated on a broader shift in corporate strategy. Before World War II, purchasing departments accounted for barely 20% of corporate expenditures. Today, purchasing departments are responsible for 50% to 70% of corporate expenditures. This explanation is supported by Monczka et al. First, that the role of purchasing is presently being reshaped in order to fit the modern economy. This is related to the increasing globalisation, technology development and changing consumer demands. Another conclusion, according to Monczka et al, is that purchasing must continue its integration with customers, information systems, operations etc. (Monczka et al, 2000) The following table shows a compilation of strategic and operation tasks carried out in the procurement function. Strategic Procurement Identify necessary capabilities to match the customers needs regarding flexibility, innovation, agility, quality, responsiveness, cost levels and price levels Assess ones own capabilities (Knowledge, technology, capacity, competence, long term importance, total cost) Assess supplier capabilities (knowledge, technology, capacity, competency, long term imprtance, total cost, type of market, localisation, and substitutability) Model cost drives for items purchased Model Single/ Multiple sourcing effect on total cost Model how supplier relationship affect total cost (cost benefit of engaging in a close supplier relationship) For close supplier relationships share information and knowledge and make relation-specific investments Procurement Process Identify needs Conduct market analysis Send out and expedite RFx Do Background review Negotiate contracts and select suppliers Purchase order fulfilment Monitor supplier performance Internal Tasks Analyse corporate spending Parts bundling Aggregated corporate expenditures Develop relationships with internal customers Reduce maverick buying and promote compliance Disseminating procurement relation information External Tasks Scan for innovations Monitor, disseminate and stimulate Develop new sources Foster external capabilities Source Strategic Procurement Council, 2001. Value Improvement (Value Based Procurement The Organisational Quintessential) Relevance : It is important for us to understand the concept behind value improvements or value based procurement . The fact that tangible and intangible values could be quantified to procurement products and services makes the study of procurement systems all the more interesting for definitive mathematical extrapolation of the relevant results. Value systems and the ability to attribute value systems makes the procurement operational systems multidimensional and unique . Furthermore this is a system which could be aptly applied for effecting improvements in procurement systems for SOM, therefore a thorough investigation of the relevant concept is deemed important for our investigation . To be successful in business, we need to satisfy our customer by providing them with something they perceive as value. Since we are dealing with internal customers and suppliers, the concept of value becomes vital, which is directly linked to customer satisfaction. High customer satisfaction means their needs are met at high level. The customers will be satisfied if the product or service provides them with value. The term ââ¬Ëvalue is used in every day business language however it is often misused and misunderstood. The concept of value has many definitions (Zeithaml, 1988; Anderson et al., 1993; Monroe, 1990; Gale, 1994; Woodruff, 1997) but generally they are not distinct. Common themes throughout these definitions are that (Dumond, 2000): Customer value is linked to the use of a product or service, thereby removing it from personal values; Customer value is perceived by the customers rather than objectively determined by the seller; and Customer value typically involves a trade-off between what the customer receives (e.g. quality, benefits, worth) and what he or she gives up to acquire and use a product or service (e.g. price, sacrifices). The concept of value is important for this study since our purpose is to illustrate value improvement initiatives to enhance the current procurement system with Shell Oman Marketing. According to Hill (2005), value can be classified under two headings: Use Value: The properties and qualities that accomplish the function of service or product. Esteem value: the properties, features or attractiveness that causes people to want to own or use it. Value, therefore, consists of a combination of use and esteem properties related to the cost of providing them. However, the measure of value added is directly linked to customer satisfaction. The measurement of procurement activities based on traditional efficiency report, and short terms savings doesnt support value base procurement. In order to reflect shift in the focus in procurement activities, new measurement techniques must be target at those activates which reflect value to the stakeholder. (Butler, 1995). An interesting study conducted by Dumond (1994) about creating a value base procurement. Based on his finding, many firms the operating environment does not support value-based purchasing. Senior management plays a critical role in developing an environment that will support and encourage value-based purchasing, the following steps are recommended: Focus individual purchasers on customers needs and identify the value-adding processes Develop a performance measurement system that emphasizes quality, process improvement, and customer satisfaction Integrate purchasing into the firms communication system (elevate if needed) Educate-not only individual purchasers but also their customers. 2.4Value Analysis Framework To analysis value in a system, it will be useful to the use the value analysis procedure, which is discussed in Terry Hill book of Operation Management (2005). The steps involved are: Select the service or product Gather information about it Analysis its function and its value for money Generate alternative ways to provide the same function through speculation and brain-storming Assess the worth of these ideas. Decide what is to be done Implement the decisions Evaluate the result EFQM Excellence Model Relevance : EFQM system analysis is extremely important for our investigation because EFQM model based on European models of operational management and Quality management help us through an exhaustive interface between strategic inputs and outputs to measure the effectiveness of procurement systems and delve on the findings to derive adequate strengths and measures for any procurement operational system . Since our investigation is essentially based on finding the points of improvement in SOM and capitalising on the strengths an understanding of the relevant model is highly warranted for our investigation and proposed study . Moreover since EFQM model visualise the operational mechanics of procurement system from multidimensional angles it is imperative for us to investigate the mechanics of operation of EFQM model in sufficient details for finding the relevant applicability for our study under investigation . The European Foundation for Quality Management (EFQM) is widely discussed in the literature and many organizations have applied it as a tool for assessing all aspects of an organisations activities and results. According to EFQM, the model is intended to promote continuous improvement and is an aid to effective benchmarking. Excellence Model was introduced at the beginning of 1992 as the framework for assessing organisations for the European Quality Award. Now it became the most widely used organisational framework in Europe and considered as the basis for the majority of national and regional Quality Awards. 2.4.2Benefit of EFQM The EFQM Excellence Modelà is aà business model toolà that can be applied in many different ways: As a business model for being able to assess independently the competency of the organization by the organisation itself. As a measure to benchmark other organisational functioning and strategy. As an improvement tool for highlighting areas to improve. As a common denominator, standard measurement scale or a common vocabulary. As a structural guide for the management of any organisation. The fundamentals of the EFQM Excellence model are based on nine criterions which are cannot be prescribed and such are practical in nature and application. Five of these are Enablers and four are Results. What a particular organisation does, those factors qualify as ââ¬ËEnablersâ⬠. The achievement of an organisation qualifies as the Results Criterion. Results are caused by Enablers and Enablers are improved using feedback from Results. Excellent results with respect to Performance, Customers, People and Society are achieved through Leadership driving Policy and Strategy that is delivered through People, Partnerships and Resources, and Processes. (Procurement modelling-a discussion, Harvard Review Press, 1996) The Fundamental Concept of EFQM Excellence Model are: Results Orientation Every organisation should look for the outcome of ââ¬Å"enablersâ⬠to delight customers. . Customer Focus Excellence is creating sustainable customer value. Leadership and Constancy of Purpose Excellence is visionary backed by inspirational leadership, with constancy of purpose. . Management by Processes and Facts Excellence is managing the organisation through a set of interdependent and interrelated systems, processes and facts. People Development and Involvement Excellence is maximising employee contribution through employee development and involvement. Continuous Learning, Innovation and Improvement Excellence is challenging the status quo and bringing change by learning and innovation. Partnership Development Excellence is developing and maintaining value-adding partnerships. Corporate Social Responsibility Excellence is exceeding the minimum regulatory framework in which the organisation operates and to strive to understand and respond to the expectati ons of their stakeholders in society (Harvard Review Press, 1996) 2.5 Procurement Value Improvement Framework (The Shell Oman perspective) The structure of literature is in line with the value analysis framework. First, we identified the service we want to investigate, which procurement activities in Shell Oman Marketing. Secondly, we provided information about the procurement function in Shell Oman and its structure. Thirdly, we use Soft System Methodology (SSM), which is strong in analyzing a holistic situation and capture qualitative data. The SSM will only be used to develop understanding of the challenges exist in the current system. Unstructured Interview is strong in determine many qualities aspect which will be useful in revealing out issues and problems that other method of research can meet this object effectively. Therefore, to get different perception, it will be useful to carry out a survey through an interview with five key internal business stakeholders to analysis the strength and weakness of current contract and procurement activities. Fourthly, we dig in the literature and journals to search for ways o f adding value improvement to procurement function. Plus, interviews with two large companies in similar field to identifying the industry best practice in procurement function. Fifthly, an analysis of all the procurement best practices generated from above stage, which will be discussed in chapter 4 in detail. Sixthly, in chapter 5, based on the analysis, we will recommend the way forward. Unfortunately, this research will be limited at the recommendation stage and will not have the opportunity to implement and evaluation the result. 2.6The Purchasing Maturity (Organisational Stratagem) We can observe that the purchasing role in providing added value has evolved and has been modified along with the importance and the place taken by purchasing in organizations. In figure 3 the main values added by purchasing are related to each of the evolution stages towards purchasing maturity (van Weele, 1998). In the first stage the main value added by purchasing is by assuring the continuity of the supply. In the second stage the already purchased items have an increased importance in companys costing cost structure. The role of purchasing then left is to minimize material costs and improve /up the bottom line. Stage 3 would center on co-ordination between various departments .The main values added by purchasing are greater compliance with pre-negotiated contracts, uniform buying policies and systems and capturing the benefits from internal co-ordination. The next stage lays stress on use of inter-functional teams and the reduction pf the total systems costs satisfaction of the internal customer seems to be the main focus of purchasing then. The supply orientation stage envisages the selection of suppliers on strategic company guidelines, requirements, long-term relationships design, supplier network management and early involvement in the new product development process. In the final s tage the main goal is to design the most effective and efficient value chain possible to serve the end customer. This last stage is characterized by an extensive use of cross- functional supplier development teams and a close collaboration on advance technology with suppliers. (Telgen Sitar, 2001) 2.7 Categories of Value Added Procurement The literature review highlights five main categories of value added procurement which are representative and important for every organization: Better contracts Improved purchasing efficiency Customer satisfaction (improved quality and service) Closer and more cooperative relationships with suppliers Reduced costs, improved quality and increased time to market resulting from an early involvement of the purchasing department in the new product development process (NPD). The first four categories of values added are based on Leenders and Schiele (1999). Basically, the researcher took one aspect from each of the above categories of value added. The role of the purchasing department should be considered from all possible angles and viewpoints. There is an increasing contribution of the purchasing department in the new process development in todays organisations, with specific and special interests in -the contribution of the purchasing department in the areas of quality, cost and time to market resulting from an early involvement of the purchasing department in the NPD process. The Resource Based View of Procurement Relevance : The analysis of this model for procurement is important for adding diversity to our investigation of procurement systems and their mechanics . Resource based view of procurement is one of the important views for procurement practices from the global perspective especially from the point of view of competing firms in highly dense and competitive markets , where because of oligopoly of procurement practising firms each firm would have to build a set of unique identifiable resources to capitalise on a
Tuesday, August 20, 2019
What You See is the Real You, Willard Gaylin
What You See is the Real You, Willard Gaylin à à à à à à à à à In the passage What You See is the Real You, Willard Gaylin argues against the way some people use the insights that psychoanalysis provides. He explains that psychoanalysis is used to explain the motives and purposes behind human behavior, yet it leads to the tendency to think of the inner man as the real man and the outer man as an illusion. Gaylin supports his position with his discussion of how the real self is not the inner self, but what one seems to be from ones character traits, attitude, and behavior. He also points out that intentions play no role in constructing the real self. Because of this, Gaylin convincingly shows that the self is affected by ones attitude and behavior and ones actions and that the intentions to construct the real self play no role. à à à à à à à à à Gaylins argument is convincing because he claims that what we pretend to be, what we are perceived by others is the real self. Ones real self can be distinguished through what one seems to be. According to Gaylin, A man may not always be what he appears to be, but what he appears to be is always significant of what he is. A man is the sum total of his behavior. In other words, ignore what he is or has done, and focus on the behavior, character traits, and attitude that comes from him. For example, in the story Of Mice and Men, one of the main characters was thought to be a huge, scary guy because of what the others perceive him to be, thus they stayed away from him. Yet, he was the softest one out of all the characters even though his physical attributes say something different. Though due to the others ignoring his behavior and attitude, it lead to his death because they were scared of him. If the others had paid attention to his behavior and attitude more instead of his physical attributes, I believe that he wouldnt have died and that he could of became one of their good friends. Before judging a person, t ake the time to look at how his behavior, attitude, and character traits represents them because that is his real self. à à à à à à à à à The good intentions of a person are another form of self-advancement. Gaylin states that You are for the most part what you seem to be, not what you would wish to be, nor, indeed, what you believe yourself to be; therefore the intentions made by a person to construct his real self is to make them look good. In other words, he is doing good deeds to cover up for his bad side. For example, a boy supports his two younger siblings through mugging senior citizens. Sure, the money is used to support his siblings and not for drugs, but that still does not explain why he doesnt find a job to earn money instead. The intentions in this act doesnt construct the real self, but instead, it constructs the inner self as to making him look like a good boy and not a bad boy. In the end, instead of having good intentions to construct the real self, just be yourself in the way where you are who you are, not because of your deeds. à à à à à à à à à I strongly agree with Gaylin that the ideas of the real self being constituted from behavior, character traits and attitude, and that the intentions a person as can make another person perceive him as a good person. According to Gaylin, the inner man is a fantasylike any fantasy, it serves your purposes alone. It has no standing in the real world which we share with each other. Through all means, if youre trying to make yourself look like a good person, keep it to yourself because it wont change a persons view of you that much. For instance, when the world found out that singer Chris Brown physically abused his girlfriend Rhianna, he apologized to the world with a video of him stating his actions. It made no difference. Fans werent able to stand watching their favorite singer knowing he physically abused his own girlfriends. Even after doing community service wont change the views people have. In the end, being oneself and not having intentions is a good way to getting people to know your real self. à à à à à à à à à In conclusion, Willard Gaylin argues in his passage, What You See is the Real You that some people are using the insights that psychoanalysis provides wrong. Through this way, people are thinking that their inner self is their real self, and the outer self is an illusion. I strongly agree with Gaylin that the real self is not constituted by the inner self, but by his behavior, attitude, and character traits. I also agree with him that intentions are made by a person to construct ones real self into a good person. By doing this, one will look good, but one will never be their true self.
Monday, August 19, 2019
Movie: The Firm :: essays research papers
Movie: The Firm à à à à à Sydney Pollack's film The Firm is a drama based on an desire to escape from the law firm (Berndini, Lambert, and Lock) from which he was hired. The relatively small but wealthy firm wines and dines the ambitious Harvard Law Graduate's (played by Tom Cruise) with money and gifts in order to make him part of their team. Overwhelmed by the gracious treatment and substantial offer Mitch McDeere takes the offer to be part of the Firm. The firm gets them caught up in a affluent lifestyle that they never thought they could live. Once involved n the day to day workings of the firm McDeere began to get subtle hints of a corruption with a Mafia mob client. McDeere gets a hold of some information that he shouldn't have had access to that supports his suspicions. When an FBI agent confronts him with evidence of corruption and murder within the firm, Mitch forms a plan to indite the partners of the firm by gathering information on overbilling of the firms clients. The firms clients files contained information that could destroy both the firm and most of their mob clients. Berndini, Lambert, and Lock had a past history of spending large sums of money on their new lawyers then once they got used to the good life the firm would let them in on the corruption that when on. The firm had a tight control over their partners. They knew everything about their personal life as well as their work life. All their homes were wired and their phones tapped. They also had access to information on their partners family and friends. With such tight controls over their lives they had a power to control their every move. Temptations of escape were smothered by threats of harm. In two cases the threats of harm led to murder. à à à à à A reoccurring theme of politics and power emerged throughout the film. For this reason it seems most logical to analyze The Firm based on chapter twelve of Stephen Robbins' book Organizational Behavior. Power is defined as A capacity that A has to influence the behavior of B so that B does things he or she would not otherwise do. The focus of this paper is going to based on the power that the firm had over its employees. In order to better understand the concept of power and where it comes from two published researchers named J.R.P. French Jr. and B. Raven came up with a five-category classification. The five categories are as follows; coercive power, reward power, legitimate power,
Impact of War and Violence on Children in A Long Way Gone by Ishmael Be
Children exposed to violence within their communities are left with emotions of hopelessness, insecurity, and doubt. Historical events such as the war on terrorism, wars in Iraq and Afghanistan, and the tragic events of September 11th have had a detrimental effect on the entire nation, including the children. Although every child is not directly affected by the aspects of war, it somehow has an emotional effect on all. The involvement of a nation with war affects every individual differently, whether it is out of fear, anger, doubt, hope, or love. In the short novel A Long Way Gone by Ishmael Beah, he narrates the story by telling his own involvement in the Civil War in Sierra Leone as young boy and the many issues he faces while living in horror. Also, author Garbarino points out in his book Raising Children in a Socially Toxic Environment in the chapter involving the security of children that: More and more children in the United States are experiencing a growing sense of insecurity about the world inside and outside the boundaries of their families. It does not take much violence and terror to set a tone of threat. Even in the worst war zonesââ¬âplaces like Sarajevoââ¬âshooting and killing is intermittent. Memory of the emotions of trauma does not decay; it remains fresh (Garbarino 64-65). As Garbarino recognizes, the effects of war and such violence is something that sticks with a child and remains constant in their everyday lives. The experiences that children face involving war in their communities and countries are traumatic and long lasting. It not only alters their childhood perspectives, but it also changes their reactions to violence over time. Sadly, children are beginning to play more of a major role in wars in both the... ...volving death and separation. Children within the United States whose parents serve in the military are left to deal with issues of separation and fear. The fear of not knowing when their parents are coming home, and if theyââ¬â¢ll come back the same person they were when they left. Since we are incapable of hiding violence and the act of war from children, it is better to help them understand the meaning behind it and teach them that violence is not always the answer. Children react based on what they see and hear, and if the community and world around them portrays positive things, then the child will portray a positive attitude as well. Works Cited Beah, Ishmael. A Long Way Gone. New York: Sarah Crichton Books, 2007. Print. Garbarino, James. Raising Children in a Socially Toxic Environment. San Francisco, California: Jossey-Bass, 1995. Print.
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