Construction Contracts: Omission, Suspension Termination

Construction Contracts: Omission, Suspension Termination An analysis of Omission, Suspension Termination of Construction Contracts under Civil Law of Qatar UAE 1. Introduction Qatar has a well-developed and structured legal system. The origin of the Qatar legal system is found in both ancient and traditional sources. It is based on Islamic law and jurisprudence but has adopted many of the principles of the Napoleonic Civil Code (French Civil Code). In addition, Egyptian philosophy of law and procedure (Egyptian Civil Code) had a great influence on the legal and judicial system of Qatar. The State of Qatar is a traditional country ruled by Al-Thani family and the state leadership being inherited by Al-Thani family since mid-19th century Qatar’s judicial history was influenced by a series of events beginning with the Ottoman occupation of the region in the 19th century. As stated in Background to legal system in Qatar by Qatar Law website â€Å"The Ottoman rulers established a system of justice based on teachings of the Hanafi school of Islamic Law. As the Ottoman Empire started to lose its grip on its rule in Qatar and elsewhere in the Arabian Gulf, Qatar underwent a gradual shift towards the Hanbali school of Islamic Law under the influence of the then emerging regional power, Saudi Arabia† (Partners, 2014). Qatar became a protectorate of Britain after the 1916 treaty and British legal system was established formally after the treaty. The civil courts established by British enforced English laws albeit local courts continued to administer a legal system based on Sharia law (Islamic law) which was the legal system in pre British era. This practice created a dual court system that existed until recent time in Qatar. Modern Qatar legislative process began in 1961, when Law No. 1 for the year 1961 was issued. Subsequently, several modern legislations covering the administrative, economic and social activities were enacted. Qatar passed the new Judicial Law No. 10 for the year 2003 in October 2003 which revolutionized and unified the judicial system in Qatar. This law became effective in October 2004. Qatar enacted a new Civil Law in 2004, providing applicability in respect of limitation of time and territorial jurisdiction. Other important definitions such as of natural and juridical persons principles and legal capacity to sue and be sued were incorporated in to the new Civil Law. Contractual relationships in construction sector were codified as Law No. (22) of 2004 with the passing of Qatar Civil Law. Law No. (22) of 2004 Promulgating the Civil Code was issued by H/H Hamad Bin Khalifa Al Thani, Emir of Qatar exercising the executive authority vested under the Constitution. As stated in Qatar Law website â€Å"Qatar Civil Code provides guidelines for the establishment of contractual relations and obligations arising therefrom. It specifies basic elements of a contract such as consent, subject matter, and purpose of contracting. It also deals with annulment, construction and binding nature, effect, and cancellation of contracts† (Partners, 2014). The UAE federation comprising seven Emirates namely; Abu Dhabi, Dubai, Sharjah, Ras Al Khaimah, Umm Al Quwain, Ajman and Fujairah was established on 02nd of December 1971. The Constitution declares the Sharia is the principal source for law in the UAE and a civil law jurisdiction heavily influenced by the Egyptian law system which was heavily influenced by French and Roman law. Commercial transactions are governed by UAE Federal Commercial Transactions Law ‘Commercial Code’ (No. 18 of 1993). Civil transactions are governed by UAE Law of Civil Transactions ‘Civil Code’ (No. 5 of 1985 No. 1 of 1987) (Whelan, 2011). In the absence of any specific provisions in Civil Code , the Islamic Sharia law will be applied. In matters of procedure, the UAE courts follow the Federal Civil Procedure Law ‘Civil Procedure Code’ (No. 11 of 1992 as amended). Articles 872 to 896 of the UAE Civil Law 1987 (the Civil Law) relating to construction works, as well as general maxims and principles set out in the same law, form the basis of the legal framework relating to construction. Also, UAE Commercial Transactions Law provisions would apply to the degree that the parties to a construction claim could be defined as traders conducting commercial business as per Articles 6 and 11. The general principle of freedom and sanctity of contract is recognized under the Qatar Civil Code and a contract is treated as the law of the contracting parties. Natural and legal persons are free to agree on whatever they desire, provided that their agreement does not conflict with law, public order and morality. Verbal contracts and contracts as a result of conduct of the parties are mostly recognized and are enforceable in court subjected to establishing / proving the contractual-relationship. The Civil Law also deals with interpretation of contracts, contractual responsibilities, liability for personal acts, and responsibility for acts of third parties, ownership responsibilities, surety, unjust enrichment, types of sale, lease, insurance, and rights attached to property, land law, mortgage, wills, legacy, privileges, and gains. It also stipulates performance, compensation and compulsory execution, assignment of rights, innovation and impossibility of performance and statutes of limitation. Contractors are often faced with employer- driven Omission, Suspension Termination of the Construction Contracts due to financial constraints and other difficulties encountered by Clients and Contractors in Qatar Middle East in general. Medium to large scale public works projects procured by Public Works Authority of Qatar (Ashghal) use General Conditions of Qatar (its own spoke form) published by Contracts Engineering Business Affairs (CEBA) which were updated and reissued on July 2007 prepared by either in-house lawyers or external law firms. The Qatar General Conditions of Qatar is a close resemblance of International Federation of Consulting Engineers (FIDIC) Yellow, Silver or Red Book contracts. The other major projects procured by state affiliated organizations such as Qatar Foundation, Qatar Gas, RasGas, Qatar Water Electricity board (Kharamaa), New Doha Aiprt Steering Committee use their own bespoke and â€Å"project specific† forms. Where a project is awarded on a lump sum basis, the 2007 General Conditions of Contract favoured by employers in Qatar places much of the risk for losses on the contractor, except where losses are adequately covered under the amended provisions to the Contract. A reasonably fair assessment of the General Conditions of Contract by many contractors in Qatar is that it heavily favours the employer. While this may be the case, a contractor may also be entitled to claim equitable relief in accordance with the Qatar Civil Law No. 22 of 2004. In the above scenario, it is imperative to analyze the rights and entitlements of Clients Contractors in circumstances arising from Omission, Suspension Termination of the Construction Contracts under FIDIC 1987 revision 4 FIDIC 1999 which are base documents for most of the Bespoke Conditions of Contracts in Qatar and its enforcement under the Civil Law of Qatar U.A.E. 2. Aim Analyze the legal aspects of Omission, Suspension Termination of the Construction Contracts under the Qatar U.A.E Civil Law. 3. Objectives There are four objectives of this study: To identify the limit of a Contractors’ exposure to the Employer in respect of Omission, Suspension Termination of the Construction Contracts. To identify the limit of Employer’s exposure to the Contractor. Analyze the entitlements between FIDIC suit of Contracts and Qatar U.A.E. Civil Code To determine reasonable solutions and precautions. 4. Research methodology The following Literature was reviewed during the initially to ascertain the feasibility of conducting a comprehensive research on the subject dissertation. Binding Force of a Contract – Article 171of Law No. 22 of 2004 – Qatar Civil Code â€Å"A contract is the law of the contracting parties, and it may not be revoked or amended, except by agreement of both parties or for prescribed by the law† (Portal, 2014). Dissolution of a Contract Article 183of Law No. 22 of 2004 – Qatar Civil Code Article 183 states that â€Å"In contracts binding on both parties and imposing reciprocal obligations (synallagmatic contracts), where one of the parties fails to perform his obligation, the other party may, upon formal notice to the former, demand performance of the contract or its rescission, and may claim any damages caused by such failure to perform† (Portal, 2014). â€Å"The judge may,mutatis mutandis, determine a period of grace within which the obligor shall perform his obligation. The judge may also reject the application for rescission if the obligation not performed is insignificant compared with the obligations considered in their entirety† (Portal, 2014). Termination of a Contract of Works under Articles 703, 704 707 of Law No. 22 of 2004 – Qatar Civil Code Termination of a Contract under Articles 892 893 of UAE Federal Law No. 2/87 – The Civil Code Dissolution of a Contract under Articles 185 188 of Law No. 22 of 2004 – Qatar Civil Code Article 185 states that â€Å"When a contract is rescinded, the contracting parties shall be reinstated to the position they were in prior to the date of the conclusion of the contract. If reinstatement is impossible, the court may grant indemnity† (Portal, 2014). Article 188 states that; â€Å"The contracting parties may mutually agree to terminate the contract upon its conclusion, provided that the subject matter of the contract remains in the possession of either party. Where the subject matter of the contract is lost, damaged or disposed of in part in favour of a third party, the contract may be rescinded to the extent of the remaining part and the share of the party† (Portal, 2014) Dissolution of a Contract under Article 273 of UAE Federal Law No. 2/87 – The Civil Code Dissolution of a Contract under Articles 267 268 of UAE Federal Law No. 2/87 – The Civil Code The binding force of a Contract under Article 172 of Law No. 22 of 2004 – Qatar Civil Code The effect of the Contract under Article 246 of UAE Federal Law No. 2/87 – The Civil Code Ruling issued for the year 2006 by Court of Cassation, Dubai Literature study and analytical research are my major learning methods which play an important role in this report. Analytical research involves analyzing existing case law, facts and information. The data will be collected from primary/secondary sources, interviews with industry experts and case studies/laws. Literature study and analytical research have been chosen due to complex laws of the country and its interpretation by the Law experts. However, any analysis contained in this dissertation is the author’s own opinion and shall not be construed as evidence in a court of law. This paper does not have any legal or contractual standing in interpreting a binding Contract Document. 5. Scope and Limitation The building construction contracts stipulate express provisions governing the rights of one or both parties to terminate the contract under certain circumstances. These express provisions are categorized as non-contractual rights and contractual rights to terminate a binding contract. The Non-contractual rights to terminate are defined as; Frustration and this occurs when circumstances rather than the default of contracting parties have intervened to prevent the contract being performed as intended originally. When frustration occurs, further performance of the contract is impossible, illegal or radically changed from what the parties contemplated at the time of signing the contract. The contract is automatically terminated once a frustration event occurs and the parties are absolved from further obligations but accrued liabilities remain with them. The party who is relying on frustration provisions in the contract must be sure of that a frustration event actually occurred when justifying the ceasing of operations under the contract to avoid being in breach (the contract is more expensive to perform is not a frustrating event). It is prudent that the events stipulated under force majeure clauses should not overlap with the frustration events and the events which are provided their consequences are stated in the contra cts shall also not be considered as frustrating events. It is imperative to define Force Majeure events in the contract and clause 19.1 of FIDIC 1999 First Edition state that the definition of â€Å"Force Majeure† as; â€Å"Means an exceptional event or circumstance: (a) which is beyond a Party’s control, (b) which such Party could not reasonably have provided against before entering into the Contract, (c) which, having arisen, such Party could not reasonably have avoided or overcome, and (d) which is not substantially attributable to the other Party† (FIDIC, 1999). Force Majeure events are exceptional events or circumstances as listed FIDIC 1999 below and those satisfy the clause 19.1 of FIDIC 1999 sub-clause (a) to (d) above: â€Å"(i) war, hostilities (whether war be declared or not), invasion, act of foreign enemies, (ii) rebellion, terrorism, revolution, insurrection, military or usurped power, or civil war, (iii) riot, commotion, disorder, strike or lockout by persons other than the Contractor’s Personnel and other employees of the Contractor and Subcontractors, (iv) munitions of war, explosive materials, ionising radiation or contamination by radio-activity, except as may be attributable to the Contractor’s use of such munitions, explosives, radiation or radio-activity, and (v) natural catastrophes such as earthquake, hurricane, typhoon or volcanic activity† (FIDIC, 1999). Repudiation and this occurs when a party to the contract commits a serious breach of contract that entitles the innocent party to consider the contract as terminated with immediate effect and sue for damages due to breach of the contract. The following will be considered as clear repudiation of a construction contract Contractor’s refusal to carry out contract scope; Vacant the site or un-authorized removal of plant by the contractor; Procuring other contractors to carry out the whole or part of the scope of work originally contracted; Employer’s failure to give access to the site (possession of the site). The Contractual rights to terminate are classified as; Termination for Cause and the clauses stipulated in the contract vesting powers/rights to terminate the contract for breaches of specified contractual obligations such as unjustified/ unrecoverable delays attributed non-performance of the works. The parties may exercise their rights to terminate in other circumstances too, such as occurrence of a force majeure event. Termination for Convenience or ‘at will’ clauses may be incorporated in to construction contract vesting powers to one party to terminate the contract without having to establish any cause or breach for termination for the other party. This clause is very useful in the event that the; the employer changes the use of the land (eg. Condominium development to a hotel development) the employer’s inability to secure financing for the whole project or secure anchor tenants the contractor finds the project will be unprofitable or too risky the project has been suspended for a prolong period with no prospect of it being recommenced. There is a very close relationship between suspension and termination and, depending on how the clause is drafted. The end result of a suspension clause may be much the same as a termination clause in that either party will have the right to terminate the contract at the end of the agreed suspension period. The justification for suspension clauses will be broadly similar to termination such as a change of circumstances on the ground that makes continuing with the works impossible in the short term. Notwithstanding the above, suspension may be used by one party to allow it space to consider how to proceed with a project, which should be acceptable to the other party if kept within bounds. The scope of this research is to identify the legal provisions to secure the rights and entitlements provided under Qatar Civil Code and UAE Federal Law in Omissions, Suspensions and Terminations and limited to the construction contracts under the jurisdiction of the subject countries. The main limitation is the Language. The Qatar and UAE Laws are written in Arabic and official translation in English language is not available. The author relies on many unofficial translations of Qatar and UAE Laws for the purpose of this research. Arabic language prevails over the any launage in a Court of Law in Qatar and UAE. 6. Conclusion The Contractor shall be compensated for; Re-measured work done Preliminaries Material delivered / ordered Under- recoveries Costs/increases Removal of Contractor’s equipment Repatriation of staff/labour Loss of damage (loss of profit) Costs resulting from suspension after recovering the following from the contractor Advance Payment Previous payments Employers recoveries All these compensation and recoveries are stipulated in FIDIC Conditions of Contracts (or amended bespoke versions) and enforceable under Law No. 22 of 2004 – Qatar Civil Code and UAE Federal Law No. 2/87 – The Civil Code. The Contractors (and the Employers) as the case shall be able to seek the solace of Law even if the Contract Agreement they entered in to is heavily bias towards the Employer as the Law of land prevails over any contractual relationship between parties. 7. References FIDIC. (1999). Conditions of Contract for Construction. In I. F. Engineers, General Conditions (pp. 56-58). ISBN 2 88432 022 9. Partners, S. A.-A. (2014). Background Legal System in Qatar. Retrieved 08 25, 2014, from www.qatarlaw.com: http://www.qatarlaw.com/background-legal-system-in-qatar Portal, Q. L. (2014, 08 25). Law No. 22 of 2004. Doha, Qatar. Whelan, J. (2011, 07). The Civil Code. Retrieved 08 27, 2014, from http://lexemiratidotnet.files.wordpress.com: http://lexemiratidotnet.files.wordpress.com/2011/07/uae-civil-code-_english-translation_.pdf

Human Resource Activities at McDonalds

Human Resource Activities at McDonalds Under this recruitment and selection policy, each restaurant is responsible to recruit hourly paid Positions and management recruitment department in East Finchley, London co-ordinates for recruiting the manager positions. McDonalds UK has own recruitment team who initially invite applicants for interview by assessing the online base exam. This team is working efficiently to find out right people with right skill at right time. McDonalds uses best method to fill their current vacancies such as Crew Member, Customer Care Assistant, Manager, etc. All vacancies are advertised on their own website, www.mcdcareers.co.uk . Also it recruits people by the help of local job centre and agencies. People, who interest to a particular position, have to create an account on this website after that by searching suitable vacancies he/she can apply by initial online psychometric test. This test procedure is an initial score. Person who cannot access the internet for them McDonalds has direct hotline. In this process suitable applicants are sent e-mail for interview and OJE (on job evaluation) at that restaurant where applicant applied. This assessment is being assessed for two days by Business Manager. Candidate, who successfully completes the OJE, is invited for final interview after that Manager decides whether or not to hire the applicant. Then all the successful applicants are invited for induction. On the day of induction person have to show documents that s/he is allow working in the UK according to Asylum and immigration Act 1996. And on this day employees are shown some video slide regarding McDonalds, which are given bellow. Job roles Food hygiene and safety training Policies and procedure Employee Benefits Training and development After that new employee are sent to restaurant to meet with trainee. McDonalds operates three weeks probationary period. In this time employees are assessed according to performance and are either retain or have their employment terminated. Objectives of Recruitments and Selection McDonalds recruits dynamic and talent people to meet with customers satisfaction and keep their reputation at high position. To fill up vacancies for running business. To ensure equal opportunity. Motivation and Employee benefits People are important resource of an organisation. Motivation is a process by which employees are influenced to achieve the organisational objectives. Nowadays experienced managers realise that financial reward cannot be the only kind of motivation because some people like money, some like personality. Management of McDonalds emphasise on three components to motivate the people such as financial, non financial encourage, and social policy. Maslows motivation theory includes all this factors. Maslow states that all the needs must be fulfilled one after another. McDonalds allows the all employees to participate in the decision making and Restaurant Manager select the employee of the month by assessing performance of the employee in a month then s/he is rewarded  £25. Also Manager inspires employees for working fast. Employee benefits are given below: Saving with employee discount: All employees get discount on purchase from over 1600 retailers in the UK. Maternity leave/Pay. Open door policy: Committed to all employees so they enjoy career with McDonalds. Crew room PC and internet facility. Every one opinion is valued. Objectives of Motivation To achieve the organisational goals. To get best service from employee. To recognise the performance of employee. Training and Development Each restaurant of McDonalds promises to deliver high standards of service and cleanliness to customers. Management of McDonalds believe that well trained employee can deliver these standards. McDonalds provides comprehensive training program for all employees. It allows the merit based promotion. Welcome meeting is the first stage of training. At restaurant crew trainers work shoulder to shoulder with trainees while they learn the operational skill necessary for running each of the 11 work starting in each restaurant, from the front counter to the grill area. All employees are developed by the effective training so that they can serve the customers quickly, operate equipments and learn McDonalds operational procedure. Most of the training at McDonalds is floor based or on job training because this procedure is very effective to develop them. People learn more and more likely retain information if they physically. McDonalds provides an initial training periods for all new employee, h ere every employee learn how they can develop their skills. Also it has effective crew development program. Also it has e-learning system for all employees. For e-learning employee can access www.ourlounge.co.uk. This company provides management develop program which are divided into four: a) Shift Management, b) System Management, c) Restaurant Leadership, d) Business Most departments in the regional office offer restaurant managers opportunities to second to work in the regional office. This gives experienced manager the opportunity to develop and learn new skills. Objectives of Training and Development To improve the performance of employee. To integrated with human resource management practice. To meet with current change. How human resource activities are achieved McDonalds achieves the above mentioned activities by its experienced, talent and dynamic restaurant managers. Still recruitment process of McDonalds is best in fast food world because of on job evaluation. Moreover, McDonalds provides on job training to develop the employees and allow equal opportunity to all employees for achieving the organisational goal. Theoretical models of human resource management Human resource strategy is generally behaviour based. There are lots of human resource models associated with such processes: The Fombrun, Tichy and Devanna model The Harvard Model The Warwick model Guests model etc The Fombrun, Tchy and Devanna model of HRM This earliest human resource management model is developed by Fombrun et al (1984). This model emphasizes the interrelatedness and the coherence of human resource management activities. In this model there are four key components: selection, appraisal, development and reward (Fig: 1). these four human resource management activities aims to increase the organisational performance. This model has been criticised as being too simplistic because it only focuses on four components. It also ignores stake holder interest, situational factors and notion of managements strategic choice. McDonalds follows all activities of this model to get best performance from employees. But McDonalds considers other factors, such as situational factor, stake holder interest and so on, to keep their position at top. The Harvard model This model was developed by Beer, Spector, Lawrence, Mills and Walton in 1984. This model contains six components; stakeholders interests, Situational factors, Human resource management policy choices, Human resource outcomes, Long term consequences and a feedback loop (Fig: 2). Stakeholder interest can persuade the employee performance. Situational factors are environmental factors which influence managements choice of human resource strategy. HRM policy choices emphasises that managements decisions and action take into account both constraints and choices. HR outcome identifies specific employee behaviours which are considered desirable including commitment and high individual performance leading to cost-effective products or services. There is a basic assumption that human being possess talents that are really used at work and that they show a desire experience growth through work. Long term consequences take three perspectives into account: The individual well being Organisational effectiveness Social well being The feedback loop reflects how HRM policy choices are affected by stakeholder interest and environmental factors and how both are influenced by HR outcomes. This model has gained some popularity in the UK but also some criticism in that it identifies desirable HR outcomes that may not have universal appeal as they generally assume an American view of success. Task 2 HR planning and development Traditional definitions and approaches to man power planning tended to delimit and define it as a central personnel activity which attempts to reconcile an organisations need for labour with available supply in local and international labour markets. In essence, manpower planners initially seek to estimate their current and future employment needs and, like the analogy sometimes made with the practice of navigation, uses scientific method in applying his knowledge and skills. Within the limit of equipment available, in order to establish first his position and then his best possible course and speed, with a view to arriving at a chosen destination by the most suitable route. (Smith 1976 : 16). Every organisation have own model for human resource planning and development. Strategy planning model is very important to keep the organisation reputation at best place and meet with the organisational goals. Here I would like to write about the planning models of a McDonalds restaurant. The basic HR planning model Here in this model (Fig: 3) steps 1 and 5 is strategic human resource planning. Restaurant Manager plans to achieve the organisational objectives. Under this model manager forecast and analyze feasible. And steps 2, 3 and 4 is operational human resource planning such as requirements of human resource and human resource program are designed around what organisational goal. This program analyzes the effectiveness and efficiency of initiatives managed by the human resource department including compensation, benefits, training, staffing etc. In McDonalds restaurant employees are very happy with various benefits example for employee discount card, holyday payment and so on. This model is very effective because all planning is designed for achieving organisational objectives. According to this model manager can analyze on probability of future requirements. The best fit HR planning model This model (Fig: 3) involves on new product line, developing staff, recruitment to meet with new objectives of organisation. McDonalds every year opening new branches in the UK. Managers of McDonalds may apply this planning model to perform their human resource activities. This is the unique planning model for human resource management, which covers all activities from installation of an organisation to its objectives. This model is very effective model for long term and short term human resource planning because it discuss on labour requirement, availability and feasibility. Forecasting demand and supply model In some cases demand and supply of human resources can be forecasted. Here demand means the number and character (abilities, pay levels and skills) of employees needed for a particular job, a particular time and a particular place. Human resource supply means the number of people who are available for particular job. In terms of McDonalds, there are lots of international student are working as a part-time employee. After finishing their study some students leave the UK and some students get post study work permit that is why McDonalds has employee turnover like other organisation. For this reason administration of McDonalds takes strategic planning to reduce employee turnover and recruit employees. According to demand forecasting administration predicts who will leave the job and create vacancies, which job will be eliminated and which one will be created. This model is very effective, if any organisation follows this model, it will not face with any problem about employee shorter. McDonalds may use this model that is why it can fill up vacancy at right time with right skills. Task 3 Performance Performance management is a part of human resource function and one of the key processes that helps the employees know that their contribution are recognised. Performance management is continues process of communication between supervisor and employee that occurs throughout the year, in support of accomplishing the organisational goals. This process includes clarifying expectation, setting goals, identifying goals, providing feedback and evaluating result. HR performance management at McDonalds Restaurant McDonalds has effective motivation system to improve the employees performance. At McDonalds restaurant performance management are operated by restaurant manager. In each restaurant manager is responsible for monitoring employees performance. This process is continues throughout the year, restaurant manager select employee of the month according to employees performance within a month. After that, employee of the month is awarded by restaurant manager. And he/she is given  £ 25 reward. And manager selects employee of the quarter. Then employee progress to operation manager. Moreover, manager arranges CSO (customer satisfaction opportunity) competition among different teams within the restaurant and among restaurant as well for monitoring performance. Furthermore, overall performance of restaurant is monitored by GAPbuster on monthly basis. Here, GAPbuster is a person who has good knowledge in the field of customer experienced management. In each month GAPbuster visits restaurant as a customer to check quality of food, how friendly the employee, accuracy of service, service time and cleanliness. According to these points GApbuster scores to the restaurant. This process is very effective because all employees within this organisation try to do best to be employee of the month and managers are always monitor the performance of staff to get 100 percent score from GAPbuster. Being a Crew Member of McDonalds, I know that manager and supervisor always communicate with all employees to know about their needs. In restaurant we work together as a team and manager always gives hands to any employee. In my opinion, if this process was weekly basis, performance of employees would be better than the current process. Conclusion Being a Crew Member of McDonalds restaurant in Archway, London, I found some positive activities such as employee relation, recruitment process, training system, motivation system and team work, at restaurant, which may keep the McDonalds at top position. Managers are very friendly with employees to solve any difficulty in work. Manager shares all things with the employees by arranged regular basis meeting. And restaurant manager wish the birth day to all employees and arrange party on various occasions. In short manager to Crew all work together to get customers satisfactions and achieve the organisational goals. Recommendation McDonalds always tries to do best for its employees. Yet, I have some recommendations regarding human resource management in McDonalds restaurant. It is seen that most of the restaurant managers have no first degree. McDonalds should recruit people, who have at least first degree on business management for manager post. Moreover, In the UK based McDonalds restaurant, employees ages less than 22 are given  £ 4.87 per hour and age 22+ are given  £5.82 per hour but all employees contribute same for McDonalds. My last recommendation, all employees should be given same wages.

Auschwitz Essay -- Essays Papers

Auschwitz Auschwitz was one of the most infamous and largest concentration camp known during World War II. It was located in the southwestern part of Poland commanded by Rudolf HÃ ¶ss. Auschwitz was first opened on June 14, 1940, much later than most of the other camps. It was in Auschwitz that the lives of so many were taken by methods of the gas chamber, crematoriums, and even from starvation and disease. These methods took "several hundreds and sometimes more than a thousand" lives a day. The majority of the lives killed were those of Jews although Gypsies, Yugoslavs, Poles, and many others of different ethnic backgrounds as well. The things most known about Auschwitz are the process people went through when entering the camp and throughout their time there, the conditions at the camp, and the experiments performed by Dr. Josef Mengele. In the concentration camp, Auschwitz, there was an elaborate process that the people went through when they arrived. Freight cars filled with people arrived daily in the camp. From that point the people were ordered to unload any of their belongings that they brought with them. At that point they are immediately told to line up to go through the first selection. Those were old or unfit to work, such as children, were automatically sent to the gas chambers. The others were then tattooed with a specific identification numbers, had their hair cut off, and were given prisoner uniforms to work in. These who passed the first selection then were forced to perform excruciating labor jobs. Each morning and afternoon a roll call was held and yet another selection was made. The SS, German soldiers and doctors, would make the prisoner’s strip from their clothes in order to make a full examination of t... ... march out of Auschwitz to different camps. The SS feared that liberation was coming. They told the prisoners that if any fell behind or stopped that they would be killed. Only a small number remained at Auschwitz. On January 27, 1945, the Soviet Army finally liberated Auschwitz. There were over one million lives that perished at this camp, only sixty-five thousand people survived. Many of these lives died by the gas chambers, crematoriums, effects of experimenting, torture, starvation, and many more reasons. Auschwitz will always be seen as a place that shall be remembered throughout history. Lives were taken but the memories shall prevail. Works Cited 1. Adler, Jerry. "The Last Days of Auschwitz." Newsweek (1995): 46-59. 2. Fischel, Jack R. The Holocaust. London: Greenwood Press, 1998. 3. Swiebocka, Teresa. Auschwitz. Indiana University Press, 1993.

Overview Of Belgium :: essays research papers

Belgium is located upon northwest Europe from which is bounded on the north by the Netherlands and the North Sea, on the east by Germany and Luxembourg, and on the south and southwest by France.1 Due to this location, Belgium is also known as â€Å"the Crossroads of Europe† because it promotes trade and prosperity.2 Following the end of WWII, (NATO) in April 1949 to provide safeguards against possible Communist aggression and, Belgium joined the North Atlantic Treaty Organization like the efforts of other democratic countries, to accomplish economic recovery.1 U.S.-Belgian relations are excellent. Belgium is a close ally and works with the U.S. on many international issues. Belgian governments have been committed to the development of a strong, federal European Union with the ability to set common foreign and security policies as well as common economic policies.3 The Belgium government have also been proponents of strong transatlantic ties within NATO. The current Dehaene gov ernment has repeated its desire for close ties with the United States on security issues and has expressed support for enlarging NATO to accommodate certain former Warsaw Pact nations.3 Belgium is a substantial aid donor, making bilateral and multilateral contributions to humanitarian aid and development programs.3 Belgium is a provider of peacekeeping troops and has participated in various peacekeeping operations in Somalia, Rwanda and former Yugoslavia.3 The United States and Belgium are indeed allies. Belgium joined the UN as a charter member on June 26, 1945, the country gave consistent support to the other Western democracies during the intense ideological and political struggle (the so-called cold war) with the USSR and the states within the Soviet sphere of influence.1 The United States and Belgium both share a promising and extensive economic relationship with each other. Under the evolving federal system, the primary areas of interest to U.S. business include foreign trade, environment and investment regimes and incentives.3 Belgium and the United States have strong reciprocal trade relations. Belgium is a major market for American exports in 1995. Since the end of World War 2, American businesses have played an active and important part in the Belgian economy.4 One example of US and Belgium economic relationship include the Telecommunications Services (TES). The partial privatization of BELGACOM and Ameritech’s involvement in the company have met the greatest growth potential in mobile telephone services.5 Also, many other U.S. companies are already active in the value-added network services market in Belgium.

Ernest Hemingway :: essays research papers

Ernest Hemingway lived his life as he wanted. His writing touched the hearts of millions. His sentences were short and to the point but his novels strong and unforgettable. He wrote about what he felt like writing about. On July 21, 1899, Ernest Hemingway was born. He was created by Dr. Clarence Edmonds and Grace Hall Hemingway. His hometown was a small town named Oak Park. Oak Park was in Illinois. His father was a practicing doctor, and later taught him how to hunt and fish. His mother on the other hand had wished that he would become a professional musician. Hemingway did not like his mother and when he grew up he would call her "the old bitch". He grew up in a somewhat religious environment. He went to Oak Park and River Forest High School, which is where he realized his writing gift. Besides writing, other activities that he loved included swimming, and boxing. When he was18 years old he had an important decision to make he could either move to Kansas city, which was growing more and more every day, or he could go to collage. His final choice was that he would move to Kansas City. In Kansas City he got a job as a cub reporter on the Kansas City Star. At the train station his father, who latter on in Ernest's life would commit suicide which would totally disgust Ernest, kissed his son goodbye with tears in his eyes. This exact moment in time would be the soul purpose for a book he wrote called "For Whom the Bell Tolls". One of the reasons why he wrote that book is because he felt so much older than his father at that time that he could hardly bear it any longer. While he was at Kansas City he was quite and did not stand out much. He stayed to himself. He went through a little culture shock due to the fact that Kansas City was a lot more complex than Oak Hill was. His writing style was first introduced by the Star. His writing was brief, and to the point. His writing had to be like that at the time because he was a news writer, but he would carry that style over to fiction when the time came. In May of 1918, Hemingway wanted to join the Army but could not due to a defective left eye which he inherited from his mother.

Heinrich Isaac; Research Paper

Heinrich Isaac is noted as a central figure in late 15th and early 16th century musical development. He was one of three leading composers of the Franco Flemish or Netherlandish School with Jakob Obrecht and Josquin Des Prez. Although Josquin Des Prez was undoubtedly the major figure of the middle renaissance and is most often mentioned before Heinrich Isaac, Isaac is one of several that also deserve recognition. Heinrich was born around ten years after Josquin in 1450-1455. Historians are somewhat certain he was born in Flemish Brabant, a province of Flanders#.Very little is recorded of Heinrich’s early life. It is believed that he was educated in the same area, the Low Countries, due to its excellent standards in musical education. Isaac is also noted to have been a pupil of the Florentine organist Antonio Squarcialupi. It is supposed that Heinrich had begun composing music by 1470. All of this is very hard to establish; the first documented reference to Heinrich Isaac is da ted September 15, 1484, thirty or so years after his estimated birth.This document comes from Innsbruck, southwest Austria and refers to Heinrich as a hired member of a royal choir owned by Duke Sigismund of the House of Hapsburgs. The following year Heinirch traveled to Florence. Multiple documents show that Isaac acquired a position in 1485 as a designated singer at the church Santa Maria del Fiore, commonly known as the Duomo. Heinrich Isaac was known for his close association with the Medici family. It is suspected that Lorenzo de’ Medici was responsible for Isaac’s move from Innsbruck.Heinrich maintained close ties with the family throughout his entire life. He is said to have worked for the Medicis as an organist and a musical teacher however recent findings of documentation explain that â€Å"the Medici’s organist† was a title held by another Isaac. Isaac did work with the family as a teacher and choir director. While in Florence Isaac composed a g reat deal of music including masses and motets. Some of these linked Heinrich’s association with the Medici family. Lorenzo died in 1492 and Piero inherited everything including his father’s musical groups.Isaac wrote two motets in remembrance of Lorenzo. Piero took these groups to Rome to perform for the coronation of Pope Alexander VI. This was the same time and the same pope by which Michael Angelo was commissioned to reconstruct St. Peter’s Basillica. The Medici family was banished from Florence in 1494. In 1496 Heinrich was employed by Maximilian I the newly Holy Roman emperor. In 1497 Isaac was appointed court composer of the Hapsburg empire. Payment documents impose that Isaac traveled with the court through Augsburg, Wels, and Innsbruck between 1497 and 1501.Around 1502 Heinrich traveled to the Este court in Ferrera, Italy to compete with Josquin des Prez for a position. We do have a letter from the family that reads â€Å"Isaac is a disposition among h is companions, and he will compose new works more often. It is true that Josquin composes better, but he composes when he wants to and not when one wants his to. † Recent scholarship says that Isaac never asked for the job. Heinrich was commissioned by the Constance cathedral in 1508 after traveling though Constance, Augsburg, and Florence for several years to write his outstandingly large Choralis Constatinus.Isaac returned to Florence in 1514 and died in 1517. Though most sources confirm that Isaac fled from Italy, newer historical findings suggest that Isaac actually never left Florence. Not only did Isaac not leave Florence after Lorenzo’s death but Heinrich Isaac later married a native Florentine, settled down, and became an established citizen of Florence. Isaacs’s marriage was supposedly arranged through Lorenzo Medici. Isaac was able to include both German and Italian aspects in his work, something that made him very distinct from his contemporaries.Most contemporary composers, who called themselves Florentines like he did, limited their traveling to France and Italy. Heinrich is described as one of the most prolific composers of his time. He made significant contributions to both secular and church music; of Germanic and Italian influence; of the splendor of the church and the secularism of the renaissance of which he was such a part of. â€Å"His work spanned from Flemish styled polyphony to bright Italian and French love songs, from ceremonial music expressing the pageantry and power of the church and state to rollicking songs in French,Italian and German embodying the popular, secular spirit of the Renaissance, and from rich choral textures for the church to exquisite chamber music for courtly entertainment. †# Isaacs output includes about forty Mass Ordinaries, 100 proper mass cycles (though most were published posthumously in the three- volume Choralis Constantinus), over fifty motets; and close to fifty secular songs m ade of French chansons, Italian Frottole, and a large amount of German Tenorlieder. Isaacs best known work is probably Innsbruch, ich muss dich lassen, a Tenorlieder written on the theme of a Germanic folk song.The same melody was used for the Lutheran chorale O Welt, Ich Muss Dich Lassen. Later both J. S. Bach and J. Brahms used the famed theme. Heinrich Isaac’s significance stands not only in his scope and quality but also in his influence particularly seen in Germany. Heinrich acted as an ambassador of the Netherlandish style to Germany. Heinrich had a great effect on the musical development of Germany, leading it into the mainstream European musical tradition and the further development of contrapuntal music.Heinrich’s music directly influenced German composers like Bach and Brahms who in turn influenced aspects in all of western music. As a professionally successful musician and patroned person of the three most powerful men in Europe, Heinrich Isaac’s musi c was most definitely seen and heard. Sources- The New Oxford History of Music: volume III Wikipedia Encyclopedia Britannica online www. bach-cantatas. com Absorbing Heinrich Isaac by David J Burn, Blake Wilson, And Giovanni Zanovello

Case Study Essay

Why is it important to get the patient’s assessment of health care quality? Does the patient have the expertise to judge the health care he or she receives? The patient is the customer. If the patient â€Å"perceives† that the health care received is inadequate, then he or she may go elsewhere the next time these services are needed. Although patients may not have the expertise to judge some aspects of 2 health care, they can judge appearances of competence, improvements in the way they feel, how they are treated, the cleanliness and comfort of the environment, and timely responses to service requests. . How might a hospital measure quality? Measuring quality in a service setting such as a hospital can sometimes be dif? cult. One obvious way is to keep track of the number of patient complaints—or even lawsuits. Some other measures that could be used include, but are not limited to, the following:  ¦ Average time for nurses to respond to a patients’ call  ¦ Average time spent by patients in intensive care  ¦ Average recovery time after surgery  ¦ Average condition of patients upon discharge  ¦ Change in patient condition between admission and discharge  ¦ Number patients per staff member 3. Using the steps in the table in the case discuss how each might apply to FCGH. To answer this question, one must remember that the product provided by FCGH is health care. However, it must also be remembered that the hospital’s staff (nurses, physicians, lab technicians, etc. ) are the suppliers of that service. Thus, quality of service will depend a great deal on the staff—their motivation, attention to details, morale, level of caring, etc. Quality to the Customer:  ¦ Is conformance of the service provided compared to established quality standards? Is quality of the hospital’s health are service compared with that of competitors? Quality Costs:  ¦ Have the costs of quality been measured and have possible areas for cost savings been identi? ed? Design Review:  ¦ Do procedures exist to review patient treatment for quality? Are these procedures being carried out? Product Quali? cation:  ¦ Have procedures been established and followed to qualify new treatme nts before they are used on patients? Product Liability:  ¦ Has each treatment been scrutinized regarding safety and are appropriate records kept? Does a written plan exist for dealing with major problems regarding patient? Process Capability:  ¦ Has the effectiveness and risk of each treatment been measured, and is that information used in selecting treatments? Incoming Inspection:  ¦ Is incoming material inspected? Are staff members evaluated before being hired? Are records of these evaluations kept? Supplier Quality:  ¦ Are suppliers and staff members made aware of their quality responsibilities? Are records kept on nonconformance? Process Control:  ¦ Has the hospital developed policies for controlling treatments and lab tests? Have employees been trained to follow these policies? Inspection and Test Planning: Do inspection and test plans exist for all services provided and are records maintained on the results? Are all test procedures and equipment regularly checked for accuracy? Quality Performance Indicators:  ¦ Are quality performance indicators regularly published throughout the hospital and made available to employees? Employee Involvement Program:  ¦ Are employees involved in quali ty improvement through some process such as quality circles? Multifunctional Quality Improvement Team:  ¦ Has a quality improvement team covering all functional areas been established to monitor quality work and to work o improve it? Quality Business Plan:  ¦ Has quality been integrated into the hospital’s business plan—and from there into the overall strategic plan? 4. How can the value of a human life be included in the cost of quality control? Placing a cost on a human life is, of course, dif? cult. However, even companies that manufacture goods must deal with this if there is the possibility that a defective product could result in death. In a hospital setting death is always a possibility due to unforeseen complications or adverse drug reactions. The best approach for FCGH may be to follow whatever policies and rocedures will produce the least chance of patient death. 5. There are certain parallels between the evaluation of health care quality and educational quality. How are customer surveys used to evaluate the quality of teaching at your institutions? How are the results used? Are any other measures available to assess educational quality? What improvements would you suggest to the current system? Teaching evaluations are the â€Å"customer surveys† of education. They are used by faculty and administrators to improve curriculum and teaching methods, to evaluate faculty performance, and to bestow teaching awards. There is general agreement, however, that student evaluations of teaching are insuf? cient assessments of education quality in and of themselves. Students may give high marks to teachers based on personality, lax administration of the class, or the level of dif? – culty of the course (easy grades). Further, how can students (who are just learning) judge whether the appropriate material is being taught? On the other hand, the student perceptions should not be ignored. A professor who is very knowledgeable about a subject, but who cannot communicate that knowledge is of little use to the educational process. Therefore, in assessing educational quality, multiple measures of performance should be used, including:  ¦ Teaching evaluations completed by students  ¦ Peer evaluations by faculty  ¦ Surveys of employers  ¦ Surveys of alumni  ¦ Ranking of departmental performance by other deans or industry  ¦ Placement data  ¦ Overall student evaluations based on assessments of total curriculum, rather than individual courses or teachers. QUALITY CLEANERS This case can be used to address several issues and objectives:  ¦ All employees throughout the process must be involved.  ¦ Employees must be accountable for the quality of their work. In service organizations, determining the attributes that de- ?ne quality service, and the corresponding question of how to measure quality can be dif? cult, but must be done,  ¦ The student should have suf? cient understanding of SPC to determine when, where, and how it should be applied.  ¦ Small increases in prevention and appraisal cost wi ll result in large decreases in total cost of quality.  ¦ Records are kept to maintain accountability of the employee to determine bonuses, additional training required, or possible dismissal. Another problem area identi? ed would include quipment (cleaning machine, presses) not functioning properly. These records would also indicate areas where future improvements should be directed. Given below are some points that should be included in the case analysis. 1. Inspections should occur throughout the process with each worker checking his or her work and previous activities also. The astute students will also recognize the capability of using the customer as an inspector. When the garment(s) is brought into the store, the customer should be asked if there are any spots or stains that may require special attention, repairs eeded, special requests, etc. Getting this information from the customer will greatly increase the probability that the service provided meets the customer’s expectations. The counter person and the marker should be checking the garments closely for foreign objects, rather than leaving this for the cleaner, because this has the greatest potential dam age in terms of dollars and dissatis? ed customers. A load ruined by an ink pen would impact 10–20 customers and cost several thousand dollars in claims. 2. Allow for some student creativity. Possibilities would include he counter person, marker, and assembler initialing the ticket at a designated point. The cleaners and pressers could use special shaped (circle, square, triangle, etc. ) punches to punch the identi? cation tag pinned in the garment. Another option would be for the cleaners and pressers to use small plastic tags (as sometimes seen on bakery items) placed on the hanger. Whatever the solution, it should achieve the objective of accountability and require limited time and supplies cost. 3. The additional workload must be tracked over time. Time consumed must be matched with the number of complaints.