Culture Difference Between China And Japan Cultural Studies Essay

Culture Difference Between China And Japan Cultural Studies Essay In western peoples point of view, the Asians look at Asian would be like insiders, because the geography is closed, they are Asia. Moreover, western think Asians appearances almost are the same. There are forty-eight countries in Asia, different policies, different religions, and different language. I agree with the researcher who advocacy of a multi-level and multi-perspectives to analyse cross culture. (Tung, 2007) When Asians look in their own country, although there still have some difference among different region, but in generally they have a lot of common points. When Asians look in Asia, but not look in their own countries. Mostly Asians will feel unfamiliar as western people to look at Asia. In this essay, I plan to take China and Japan as an example to analyse. I think these two countries are nearby to each other, and even the character of Chinese and Japanese has several same parts. Economic globalization made all of the countries could not exist to grow up respectively. Due to the globalisation process, China and Japan had being enhanced the cooperation activities in the past 30 years. There are more and more multi-national company comes out. Certainly, cross cultural management became a significant issue now. Some researchers believed in that during the globalisation process could make the difference culture integrate in the future. (Tung, 2008) In another words, each countries culture would diminish, and absorbed the other popular culture. After many decades, the whole world only has the popular culture exist. However, Hofstede believed that national culture will still be stable. (Tung, 2008) Many regions culture has being grown thousands of years, they should be stable. I partly agree with the previous points, I think the degree of traditional culture impact has been changed indeed. In another word, some parts of national culture will diminish, by contrast, some parts still be stable existed. In addition, some new culture has being absorbed as time goes on. In addition, I agree with the researcher who advocacy of a multi-level and multi-perspectives to analyse cross culture. (Tung, 2007) In this section, I would like to introduce definitions, which are relevant to the cross cultural management. Terence (1995) concluded that culture has been defined as the collective programming of the mind which distinguishes the members of one category (it can be a nation, region, a social class, and so on) of people from another. In another words, culture could be anything, which can influence humans behaviours and conceptions. In addition, the management has been defined as getting common goals done through other people. (Hofstede, 2007) Then, I am going to combine these two definitions. Cross culture management could be defined as to get common goals done through other people, which constrained by different categories (it can be a nation, region, a social class, and so on). And now, I explain why I use the definition of culture to instead of cross culture. In my point of view, even in the same region, the culture is difference. As I said before, culture could be anything relevant to peoples thinking. Therefore, different people would have their own background. When a manager plan to manage different individual, no matter whether they are the same nationalities. It can be called cross culture management as well. However, the previous theories looks like an extremely point. In this part I would like to analyse some point about Japanese and Chinese. As a Chinese, I think when a Chinese want to ask for a leave to their leader. They always use family problems as an excuse, because this way could increase the percentage of permission. If leader refuse the family issue, which looks like less bowel. When the colleges ask you to borrow some money, if you choose yourself problem as an excuse, it seems a little bit direct. Therefore, Chinese prefer to choose the indirect way. By contrast, Zhang ¼Ã‹â€ 2009) illustrated that there is few percentage Japanese would like to use family issue as an excuse to reject some business request. By contrast, in China people usually to use family as an excuse. I think the source of the difference is that privacy issue in Japanese conceptions are more serious than Chinese. In Japanese opinion, they would like to separate works and family problems. Due to the special relationship among Chinese, in a same company, the Chinese co lleges might recognise other colleges family members. Moreover, among mostly family member, probably they know each other as well, especially in small places. In addition, in Chinese culture, when you accept a gift, youd better to open it with your friend, and show your surprise. Generally speaking, you should make your friend know you are like this gift. In my own experience, I always open a gift with my friend, because I think this could your friend and you know each other again. Tong (n.d.) pointed out that certainly, if I didnt like this gift at all, I will use a indirectly way to express my feeling, such as, the package is beautiful. However, in a research reported that when a Japanese give you a gift, youd better do not to open it till Japanese leave. In this case, Japanese shows indirect way, and Chinese present directly. Yao, (2008) figure out that throughout the Japanese history, which had recorded by written, the caste always existed. Although recent years Japan was westernization, but they are still influenced by a deeply hierarchical society. Even if in China, such an ancient civilization country with 5000 history, but this deeply hierarchical condition only met in feudal society and slave society present by Yao in 2008. I think the deeply hierarchy in Japaneses society is one of the reasons of Japanese is a cockerel, even in the peace period. According to the history record, China had a lot of war experience. In the Qing dynasty, the last dynasty in Chinas modern period, I think those emperors thought China was a great country, theyd like to self-sufficiency. Therefore, in that long period, China seems stop to develop, and didnt expand the emperors power too much. Meanwhile, Yao (2008) also make another point that in recent decades, Japanese never stop to develop. I speculate the reason should b e Japanese always feel unsafely. Therefore, in Americans research I found that Japan is a pugnacities nation. In my own experience, when I communicated with Japanese, I can feel their protect concepts is very strong in their mind. Moreover, Japanese as a baby, their parents will give them a strict training, which would keep a distance when parents hug Japanese babies. It is a practice, Japanese babies must hold their parents carefully, and otherwise they will tumble. This practice added a survive idea to children. I think this issue is relevant to the fighting spirit in Japanese nation. However, when a Chinese as a baby, the parents would treat them like a real baby. If they fall over on the floor by themselves, the parents will scold the floor in order to comfort children and stop their crying. Especially, when a boy baby comes to a family, the mothers parents will treat this child as treasure. Although, the boy and girl issue has being reduced in recent years, and in some countrys ide family still have. I think the treat and teach way to child is very important. Moreover, the parents are the first teacher in childrens mind. The parents activities could impact in childrens behaviour and conception in the future. However, if when a baby has a strict survive practise, I think it seems a little bit cruel. I prefer the European countries; the child can grow up naturally. There is not too much pressure to children, but children also have independent ability. I plan to deeply analyse the child issue between Japan and China, because I think this is an important element cause the different culture existed. I have to admire, the average percentage of good manner situation in the public, Japan is higher than China. The ways of educate children might be influence manner deeply. As I said before, most of Chinese parents treat their child as a treasure. Moreover, in recent years, Chinese family adopted one child policy. Therefore, the child is more precious than before. I would like to take my own experience as an example, since I came to UK to study, my mother had being contacted me every two day. Moreover, I have observed Japanese students and Chinese students. Every holiday, the percentage of students back to hometown, the Chinese are much higher than Japanese. I think this situation caused by one child policy. The Chinese parents give more responsibilities than Japanese to their children. And the children should take more responsibilities th an Japanese children as well. By contrast, I have asked my Japanese friends, they said usually in Japans families, they are more than 1 child. Therefore, they grew up with competition. They needed to compete with their brothers or sisters. They are paying attention to keep a good manner anywhere, because they are always in a competition environment. In China between developed city and less developed city or inland city and coastland city, some culture is also has difference. (Tung, 2007) In China, there are a lot of negotiations through dinner to finish. Therefore, drinking culture is a very important skill in many occasions. In many north province citizens, they think drinking can express whether you respect each other. If you only drinking a little, which means you look down upon the other people, you havent bring your sincerity. However, in the south coastland provinces, people can feel you that you have try your best to drink, that is enough. Moreover, when you do a business with coastland cities, you can present more natural way than you communicate with northern people. There are too many restrictions in some north peoples conception. For an instance, Chinese culture on familism, which causes many family do not respect female, especially in north China and some poor place. If a wife bears a girl, she has no position in the family, till a boy bear. However, this situation in developed cities has been changed, both of girl and boy they will treat as equal in family. Contrarily, in some middle class family prefers to have a girl, because they think girl will take care of family better than boy. I have asked my Japanese friends, they said the boy and girl issue is not very serious in the whole country. Certainly, it depends on the level of countries development. I think in the developed countries, the parents would have boy and girl issue concept. Even in nowadays, when people advocate freedom, but Japanese were still restricted by their formal rules. Such as, thanks to an important person, Japanese would give thanks by bowing. And when they meet eldership, they need to kneel down to show their respect. Back to the past 100 years ago, I think Chinese would do the same thing to show their respect. Wu Shu (martial art) is very famous in Japan nowadays, which can prove a fighting spirit. However, I think it can present loyalty spirit among Japanese minds as well. Although, this issue is very important in China, and I think in Chinese young generations this element has been declined. I think this point has the common source, which is the Chinese relationship more complex than Japanese. Moreover, in recent years, China has being kept the high speed growing ratio. In another word, it enhanced the inequity between rich and poor families in China. I think this point also increase the Chinese relation complex level. Therefore, the cases which are betrayed to their friends has being increased as well. It is a society situation. There are age difference causes the culture difference. (Tung, 2007) In China, the young generations would like to absorb western culture. When the Christmas Eve come, young person usually treat this day as a crazy holiday. By contrast, the older generations maybe stay at home as usual. So I think if the manger is a young generation, you can choose the western method to negotiate, because most of young people in China, they can accept western culture, they are also partly westernization in many management theories. Compared to Japan, they had being westernised many years ago. The gap between generations should be closer than China. Lets talk about business issues linked to generations issue. If a western business man chooses traditional Chinese way (indirect communication) to negotiation with young Chinese, maybe will achieve a maximum result with little effort. Moreover, a large percentage young Chinese, and who is a core manager in a company, I think the one has a living abroad experience before, so they know western culture well. Moreover, I think the Japanese organisation culture is interested. In another words, I think Japanese company are very intelligent. I would like to introduce a case study as follows to prove my opinion. Once, Japanese archipelago was hit by the strong typhoon, the disaster come very suddenly. The result of the typhoon happened is a lot of the department store losing the profit. In particular, the disaster influenced a region very seriously which was the main area was engaged in by Yaohan department store. During that time, the situation of vegetable and fruit shortage was very awful. Most of the department store companies which manage the same field made the price of stock in trade increasing dramatically whereas the Yaohan department store keep the original level of price. Compare with other department store, Yaohan did not only keep the level of price, but also try their best to snap up the consumption goods from other regions for satisfying the requirement and demand of customers. Yaohan department store did not make any profit at that moment. Oppositely, it lost number of profit because the bids of those consumptions were much higher than before. The more and more customer began to consume in Yaohan department store when they heard this information. After the typhoon, the produces to the store was return back to the original level, everything seemed to be back to the past. However, some department store are be abandon by the frequently customers whereas Yaohan department store observe those customers. This fact lead the market share of Yaohan department store increased dramatically. Meng Tian(2010) states that most of the Japanese companies focus on the requirement and demand of consumers. Furthermore, the nature disaster to the companies is a good chance to make more profit which contrast with the disaster to the consumers are a good opportunity to test which company are really consumer focused and loyal consumer. In addition, the companies have to work with as long as the consumer needs hardly, no matter decreasing or lose their profit. Therefore, those companies can pass the test to improve their loyalty, and then return for the loyalty of customers. Customer base and market share expansion is a natural thing. In my hometown, there is a famous Japanese retail super market, named Yi Teng Yang Hua Tang. Whether the people come or leave out, the company stuffs need to belt, and say some greeting words. This activities force customers must purchase more than as usual, otherwise, Chinese will feel uncomfortable. In some occasions I think cross-culture management style can be considered universal, such as respect the old and cherish the young. This tradition is popular accepted in such as Korean, Japan and China. If business men want to do business in these countries, theyd better not conflict with this tradition. Perhaps, business men should make use of this kind of traditions to enhance their goodwill. However, I have to admit that most aspects in cross-culture management cannot be treated as universal to consider. They should be separated, and based on the specific condition to analyse. Moreover, there is seldom absolutely standard issue in culture management field.

Essay --

Dalton 1 Prairie Dalton Sherry Prewitt ELA Period 2 2/25/14 The 1960’s were a time of freedom and revolution for the United States. The decade brought along a changed world and a transformed culture. The 60’s hosted an influential series of events that opened many doors in politics, war, and pop culture that would continue to have an impact for many years to come. The beginning of the 60’s marked a point in time when the children of the post World War II baby boom became teenagers and young adults. This collective youth wanted change for the world in which they were growing up. These changes affected education, values, lifestyle, and laws as well as many other things. The surge of youth caused the conservative way of the previous decade to sway to a more liberal path. People learned that politics could be affected through peaceful demonstrations and protests. This change in thinking affected many things during that time, and still has an effect today. (Goodwin, Susan and Becky Bradley.) The 60’s were an especially big year for politics. With the beginning of the decade came the inauguration of charismatic, young J.F.K. The president wanted to get the country moving again, after the effects of the previous war. Kennedy made promises of keeping the United States ahead of the Dalton 2 Soviet Union in the Space Race and Cold War. The nation was on the brink of a new political era. Once elected, winning against Richard Nixon by a landslide, he raised minimum wage, set up peace corps and heavily supported the coming civil rights movement. (â€Å"Politics: Power to The People†). Problems such as racial justice and gender equality h... ...l-known english model of the time, popularized short hair as well as different makeup styles, including nude lips and large false eyelashes. Men’s styles included bright, colorful patterns and fabrics that contrasted the pastels that were in style for women. Suits included frills and cravats, wide ties, crazy prints and leather. (â€Å"Fashion in The 1960’s†) Longer hair was also becoming more acceptable for men after The Beatles became popular, influencing â€Å"mop-top† styles and shaggier hair. Towards the end of the decade, the androgynous hippie style emerged. It included flared bell-bottom jeans, tie-dyed shirts, headbands and sandals. After ten years, the decade finally came to a close. Changes in politics, war and pop culture opened many doors for coming decades. Events in these areas were not only impacted the 60’s, but impacted more in many ways for years to come.

Compare and Contrast A Withered Arm by Thomas Hardy and The Monkeys Pa

Compare and Contrast A Withered Arm by Thomas Hardy and The Monkey's Paw by W.W. Jacobs In this essay I am going to explain the similarities and differences between 'The withered arm' and 'The monkeys paw'. Both of these texts were written before 1914 by two different people. Thomas Hardy wrote 'The withered arm' and W.W. Jacobs wrote 'A monkeys paw'. The withered arm is a short story about a milkmaid who had an affair with a high class farmer. When the farmer gets a new wife, the milkmaid becomes jealous. In a nightmare, the milkmaid who is called Rhoda Brooks sees the new wife she had been obsessing over for the past few days in a horrific apparition gloats over her new husband. In this nightmare Rhoda grabs the apparition and feels her arm as if it were real as she throws the spectre to the floor. The ghost is gone when she looks down. The farmers' new wife, the next day, finds a new mark on her forearm in the shape of a hand in the same place that Rhoda had grabbed the apparition. Rhoda and Gertrude, the farmers' wife soon become good friends as her arm becomes increasingly more serious. Eventually Gertrude persuades Rhoda to get her to take her to a conjurer called conjurer Trendle who is a local magic man. Eventually Rhoda takes her and conjurer Trendle gives her advice but does not give a solution to her trouble. They return home to the village. A year later after Rhoda and her son had left the village Gertrud's arm is becoming steadily worse and she is using all types of potions and magick on it but nothing seems to make it any worse so she goes to see conjurer Trendle for one last time. This time he gives her a solution, she must touch the neck of a recently hanged man while the body is... ...ell in the rural setting of A withered arm. The time frame for each story is also different, the monkeys paw all takes place over a few weeks where as a withered arm has the story lasting for over a year. The time frame they are set in gives them a big difference as it distinguishes one from the other easily. I think that the story which is most striking out of these two has to be The monkeys paw. This story is a better length to not take a while to read and the plot seems better as a whole. Each character seems to have obviously different personalities that they use all the time and these are distinctly separate from the characters of a withered arm. I like the way that the ending of this story is a cliff hanging, we are not told what Herbert looks like after he was brought back to life we are just told about the sigh of dismay from Mr Whites wife.

Becoa Report On Investing Currencies In The Far East :: essays research papers

BECOA Report on Investing Currencies in the Far East Introduction   Ã‚  Ã‚  Ã‚  Ã‚  In the world today, the possibilities are endless for people who want to make money. These opportunities may exist in the form of a bond, currency, stock, or business venture, but the common tie between them is that it is possible to make money if you research the market and impose the proper strategic plans. In this report, the issue of investing money in the currency markets of the Far East will be my main area of interest. The Far East offers great potential for a currency trader who wishes to make money. I also have the option of investing in the European currency market as well, but I feel that the European market is somewhat too volatile for any significant gains to be made by pursuing any countries within. As is evident from classroom work in this course, the Far East has the greatest potential of any area in the world to be the next big area, in terms of economic expansion. With the many countries available to select for currency trade, it is very difficult for a student with limitedresources to accurately and to the best of his or her's ability to make any significant amount of money on the currency market. However, I believe that by my researching the countries trends in areas such as: Inflation, Capital Investments, Unemployment, Exports, Budget balances, and Real Growth rates, that this is the key to making money through currency exchange. In this report my selections for currency exchange will justified by using the above areas as well as currency trends and volatilities, that prove Japan, Hong Kong, Singapore, Thailand, and Taiwan were all good strategic investments. Japan   Ã‚  Ã‚  Ã‚  Ã‚  The first country that I chose to buy currency in was Japan. Japan, as many people know is a country that has proven itself as having one of the world's most powerful and stable economies. When we examine the Real Growth Rate in Japan (Fig. 1, pg: 7), we can see that the Japanese economy is growing every year over the charts history. In the late 80's and early nineties the Japanese economy was peaking and still continues to grow, with recent reports that the Japanese economy could rise once again as seen in the chart with 1995's increase. The second factor for Japan that I took into affect was their low levels of inflation. In (Fig. 2, pg: 7), we can see that the inflation level in Japan is very low, which means that the cost of goods in Japan does not widely

Process Analysis Essay for Writing Papers -- essays research papers

Process Analysis Essay   Ã‚  Ã‚  Ã‚  Ã‚  When writing a paper it can be very difficult unless you break it up into sections. When I had to write my first paper I felt like a man on a desert island all alone without a clue on how to do anything. But with the help of a few teachers they taught me how to survive on the island of writing papers. What the teachers taught me was that just like everything in life it needs to be taken in steps. The steps they taught me still apply to the papers I write to this day.   Ã‚  Ã‚  Ã‚  Ã‚  The first thing you need when you write a paper is a strong foundation. Everything must start at the bottom and be built up. This applies to everything. It all starts with an idea. So start your paper with an idea, write them all down and now you have your foundation. It is just a plot of land but it’s there u just need to get it ready to be built on. So take your ideas and polish them and refine them until your have a clear well thought out idea. Now your foundation is clear and ready to be built upon.   Ã‚  Ã‚  Ã‚  Ã‚  But as with building a house you need to get the materials to create what is going to be built. You cant just have an idea in the paper and not have any support. You need to go and gather information from several sources to support your idea. You can find this in books, Internet, and magazines. I would recommend at least 3 sources or more if possible. Also make sure they are credible sources not just John Doe’s site on the civil war. Once you have your sources you can ac...

Cash for Organs

Sheila Rivers ENG 101/MWF Oct. 29, 2012 Mr. Viquesney Cash for Organs Charity should be the only basis for organ donation. On the other hand, cash compensation for donating organs should be an option and legalized. With the overwhelming need for organs and not enough donors in the United States, an open, regulated, and legal cash-for-organs market is needed to balance the need and shortage of organs. There will always be a need for organ donations.According to the United Network for Organ Sharing (UNOS), as of October 2012 there are 116,421 men, women, and children on the organ transplant waitlist to receive hearts, livers, kidneys, and other human organs. With a total of only 8,280 donors alive and deceased so far this year, the need for donated organs far exceeds the donation of organs. This need for donated organs leaves a large gap in transplants and consequently patients wait months, even years on the waiting list for donated organs. Every ten minutes another name is added to th e national organ transplant waiting list.By the time patients get on the waiting list they have been evaluated by a transplant doctor and is in end stage organ failure. According to (organdonor. gov) right now, there are more than enough people waiting for an organ to fill a football stadium twice over. On average, 18 people die every day waiting for a transplant that never happens as a direct result of the lack of organ donations. Patients that can afford it will travel to other countries to purchase organs on the black market to save their life. The National Organ Transplant Act (NOTA) passed in 1984, made the buying and selling of human organs in the United States illegal.Over all too many people die each year waiting for a donated organ that is not available to save their life. The option to sell an organ should be solely left up to the individual who wants to do so, as long as the procedure and all the risks that are involved are fully understood. If someone decides to sell and organ to who ever they want, for a momentary compensation they should have the right to do so. It will not only save the life of the recipient, but also financially compensate the donor in return. After all it is their body and the government should not have the right to tell people that selling an organ for compensation is illegal.With so many people dying and waiting for a life saving organ transplant, this would decrease the deaths and wait time for an organ. In 1988 Iran became one of the first Nations to permit and regulate payment and other incentives for living donor transplants. As a result, the number of renal transplants performed substantially increased such that in 1999, the renal transplant waitlist was completely eliminated. Currently, Iran has no renal transplant waiting list. With results such as this, proves that cash for human organs can potentially eliminate the transplant waitlist in the United States.A number of transplant experts have been convinced tat provid ing financial incentives to organ sources, as an alternative to altruistic organ donation needs careful reconsideration. By permitting an open, regulated, and legal cash-for-organs market this could save the lives of the people who suffer and die daily because of kidney failure while waiting for a donated kidney. The director of Kidney Health Australia said â€Å"if it was carefully regulated in a way that avoided any potential abuse and was organized by the government or some other process that was meaningful, a pilot would be worthwhile doing† [Mathew].If there were some kind of compensation for organ donations, more people would be interested and willing to become organ donors. The kidney is the only organ a person can sell or donate and safely continue to live without. Even though we are born with two kidneys a person can live a full and normal life with just one, in addition to living just as long as a person with two. In the case of a kidney, a love donor is capable of living successfully after a transplant surgery, because over the years surgeries have become safer and less invasive for the donor with less down time.According to the registry data from UNOS, research has shown that a kidney from a live donor is the best option for long-term transplantation. Over the years the number of living donors have steadily decreased while the deceased donors have increased, although the increase in not enough to offset the decrease. NOTA was also created to address the critical organ donation shortage and improve the organ matching and placement process. As said, â€Å"Due to the high success rate of organ transplants over the years it has made getting an organ more difficult.Improved survival rates and the expectation that organ replacement will enhance quality of life have encouraged more doctors and their patients with organ failure to opt for transplantation† [Klein]. The early organ transplants performed routinely had a high mortality rate; the major issue was the patients’ immune system rejected the foreign organ. Throughout the years with the introduction of medicine has helped lower the mortality rate due to the rejection of the foreign organ and organ transplants have become more routine and less experimental.To their surprise, donors do not understand or know how many lives are saved or can be saved simply by donating organs. There are no age requirements to being an organ donor. The fact is everyone can be an organ donor; anybody under the age of eighteen has to have a parental consent. The process of convincing individuals to be an organ donor is challenging, and some of these challenges are a lack of knowledge, fear of premature death, and the lack of trust of the medical profession. Most people do not know what the process of organ donation is and how it works to save lives.People feel that if the doctor knew they where an organ donor he/she would not put as much effort into saving their life because of thi s. If people had a better understanding and more knowledge about the process of organ donation more people would be willing to donate organs to help save lives. Charity should not be the only option for organ donation. When charity is the only option the donor do not have the right to give their organ to who they wish. With so many people on the waitlist for an organ transplant and way to few donors there needs to be another way to attract donors.The cash for organ program that has shown a success in other countries should be looked at on a more serious note. Due to the shortage sever shortage of donated organs that has led to needless death of so many people, the cash for organs seems to be a very legitimate way to save lives. Until modern medicine can completely grow fully develop human organs there will always be a need for human organs and the fastest way to obtain organs for transplant is to offer monetaury compensation.The compensation for human organs will open up a market fo r willing donors. Bibliography optn. transplant. hrsa. gov unos. org Klein, Andrew S. , MD, director of Cedar’s-Sinai Medical Center Declining Organ Donations, Causes Widening Need Gap, Life Science, 22 March 2010 Ahad, Ghods J. , Dr. ‘Iranian Model of Paid and Regulated Living-Unrelated Kidney Donation. † Cjasn. asnjournals. org N. p. , n. d. Web Page 1 www. unos. org Page 2 www. optn. transplant. hrsa. gov Page 2 Andrew S. Klein, MD, director of Cedar’s-Sinai Medical Center

National Commission on Industrial Relations

INDUSTRIAL RELATION & LABOUR LAWS Assignment Topic National commission on Industrial Relation Recommendation Submitted by J. Mary Smile MBA-Final Year NATIONAL COMMISSION ON INDUSTRIAL RELATIONS The first National   Labour Commission 1929, had promised lot in the direction of social security, social welfare, wages, social insurance, industrial relations, industrial adjudication, collective bargaining etc,. In sequel to the recommendations made in the report of the first national commission on labour series of labour enactments were passed.After the gap of almost 72 years the Second National Labour Commission has been   constituted and submitted its report in the year 2002 to the Government of India. At the outset the terms of reference to the commission are as under: 1. To suggest rationalization of existing laws relating to labour in the organised sector, 2. To suggest an umbrella legislation for ensuring a minimum level of protection to the workers in the unorganized sector.Met hodology: Before penning down the report, the Commission followed the following methodology: * arranged consultation / conferences in the major cities of India to get the opinion of the Industry, public, educationalists   and so on institutions'; * circulated a questionnaire across the industry and the society in terms of the reference * surveys conducted both in organised and unorganised sector General Recommendations: 1.We recommend that the Central Government and the State Government should have a uniform policy on holidays, only 3 national holidays be gazetted – namely Independence Day, Republic Day and Gandhi Jayanti Day, two more days may be added to be determined by each State according to its own tradition and apart from these each person must be allowed to avail of 10 restricted holidays in the year, Government holidays should be delinked from holidays under the Negotiable Instruments Act. (5. 29) 2. Flexibility in the hours of work per week and compensation for ov ertime. 5. 32) 3. Attempt to change the basis of tenure in all jobs (permanent as well as non-permanent) to contractual and for stipulated periods, involves a basic change in attitude and notion. If transforming the basis of all   employment is a social necessity because it has become economic necessity for industrial and commercial enterprises, then, it is equally necessary to create social acceptability for the change and the social institutions that can take care of the consequences. (5. 34 ; 35).The fundamental change of this type has to be preceded by : i)    evolution of socially accepted consensus on the new perceptional jobs ii)   the evolution of a system of constant up-gradation of employability through training in a wide spectrum of multiple skills iii) the setting up of a system of social security that includes unemployment insurance and provisions for medical facilities; and iv) the institution of a mandatory system of two contracts – one, an individual con tract and two, a collective contract with workers union. . The commission recommends that government may laid down list of highly paid jobs who are presently deemed as workman category as being outside the purview of the laws relating to workman and included in the proposed law for protection of non-workmen. Another alternative is that the Govt. fix a cut off limit of remuneration which is substantially high enough, in the present context such as Rs. 25,000/- p. m. beyond which employee will not be treated as ordinary   â€Å"workman†. 6. 19) wage ceiling of Rs. 25000/- 5. Further the Commission recommended that it would be logically to keep all the supervisory personnel, irrespective of their wages / salary, outside the rank of worker and keep them out of the purview of labour law meant for workers. All such supervisory category of employees should be clubbed along with the category of persons who discharge managerial and administrative functions.The Commission would also recommend that such a modified definition of worker could be adopted in all the labour laws. We expect management to take care of the interest of supervisory staff as they will now be part of managerial fraternity. (6. 20)   Modified definition of worker 6. Existing set of labour laws should be broadly grouped into   four or five groups of laws pertaining to: * Industrial relations * Wages * Social security * Safety * Welfare and working conditions and so on 7.The Commission is of the view that the coverage as well as the definition of the term ‘worker' should be the same in all Group of laws subject to the stipulation that social security benefits must be available to all employees including administrative, managerial, supervisory and other excluded from the category of workmen and others not treated as workmen or excluded from the category of workmen I. APPROACHES IN DRAFTING THE LAW ON LABOUR MANAGEMENT RELATIONS Firstly, the Commission would prefer the gender neutral e xpression ‘worker' instead of the currently used word ‘workman'.Secondly, the law will apply uniformly to all such establishments. Thirdly, we recognize that today the extent of unionization is low and even this low level is being eroded, and that it is time that the stand was reversed and collective negotiations encouraged. Where agreements and understanding between two parties is not possible, there, recourse to the assistance of a third party should as far as possible be through arbitration or where adjudication is the preferred mode, through Labour Courts and Labour Relations Commissions of the type be proposed later in this regard and not governmental   intervention.A settlement entered into with recognised negotiating agent must be binding on all workers. Fourthly, we consider that provisions must be made in the law for determining negotiating agents, particularly on behalf of workers. Fifthly, the law must provide for authorities to identify the negotiating agen t, to adjudicate disputes and so on, and these must be provided in the shape of labour courts and labour relations Commissions at the State, Central and National levels.Sixthly, The Commission is of the view that changes in labour laws be accompanied by a well defined social secuirty package that will benefit all workers, be   they in ‘organised' or ‘unorganised' sector and should also cover those in the administrative, managerial and other categories which have been excluded from the purview of the term worker. II. INDUSTRIAL RELATIONS AND TRADE UNIONS 1. It is necessary to provide minimum level of protection to managerial and other (excluded) employees too against unfair dismissal or removal.This has to be through adjudication by Labour court or Labour Relations Commission or arbitration. (6. 22) 2. Central laws relating to the subject of labour relations are currently the ID Act, 1947, The TU Act, 1926, Industrial Employment (SO) Act, 1946, Sales Promotion Employees (Conditions of Service) Act, 1976. There are State level legislation too on the subject. We recommend that the provisions of all these laws be judiciously consolidated into a single law called † The Labour Management Relations Law† or â€Å"Law on Labour Management Relations†. (6. 26) 3.Recommend the enactment of special law for small scale units. We have come to the conclusion that the reasonable threshold limit will be 19 workers. Any establishment with workers above that number cannot be regarded as â€Å"small. (6. 28) 4. The commission has avoided the term ‘Industry'   with a view that the persons engaged in domestic service are better covered under the proposed type of umbrella legislation, particularly in regard to wages, hours of work, working conditions, safety and social security. (6. 40) 5. Modification in the terms like ‘strikes', ‘work stoppage' etc. nd the terms go slow and work to rule must be regarded as misconduct under Stand ing Orders and Provisions relating to unfair labour practice. (6. 41) 6. Commission has recommended to the withdrawal of Essential Services Maintenance Act (6. 49). 7. The Commission has suggested to identify a bargaining agent on the basis of check-off system, with 66% entitling the Union to be accepted as a single negotating agent and if no union has 66% support, then Unions that have the support of more than 25% should be given proportionate representation on the college. (6. 6) 8. Check-off system in an establishment employing 300 or more workers must be made compulsory for members of all registered trade unions. (6. 73) 9. Commission also recommended that recognition once granted, should be valid for a period of 4 years to be co-terminus with the period of settlement. No claim by any other Trade Union / Federation / Center for recognition should be entertain till at least 4 years have elapsed from the date of earlier recognition. (6. 76) 10. Establishment employing 20 or more w orkers should have Standing Order or Regulations.There is no need to delimit the issues on which Standing Orders can or need be framed. As long as two parties agree all manner of things including multi-skilling, production, job enrichment, productivity and so on can also be added. The appropriate Government may prescribe a separate Model Standing Orders for units employing less than 50 workers. The Commission has drafted a draft Model Standing Orders in this regard. (6. 77). 11. Every establishment shall establish a grievance redressal committee consisting of equal number of workers and employers representatives.The said committee be the body to which all grievance of a worker in respect of his employment will be referred for decision within a given time frame (6. 80). 12. Commission's view on Chapter V B (Special Provisions relating to Lay-off, Retrenchment & Closure in the Establishments employing not less than 100 workmen) of the ID Act :   The Commission has felt that, in the new circumstances of global competition, it may not be possible for some enterprises to continue and meet the economic consequences of competition.In such cases, one cannot compel non-viable undertakings to continue to bear the financial burden that has to be borne to keep the concern going. They should, therefore, have the option to close down. In these circumstances, the commission came to the conclusion the best and more honest equitable course will be to allow closure, provide for adequate compensation to workers and in the event of an appeal, leave it to the Labour Relations Commission to find ways of redressal – through arbitration or adjudication. 6. 87). 13. The commission has recommended for maintenance of panel of arbitrators by the LRC concern, to settle the disputes. (6. 93). 14. The matters pertaining to individual workers, be it termination of employment or transfer or any other matter be determined by recourse to the Grievence Redressal Committee, conciliation and arbitration / adjudication by the Labour Court. Accordingly, Sec. 2 a of the ID Act may be amended. 6. 96) 15. The system of legal aid to workers and trade unions from Public Fund be worked out to ensure that workers and their organisations   are not unduly handicapped as a result of their inability to hire legal counsel. (6. 98) 16. Strike should be called only by the recognised negotiating agent and that too only after it had conducted a strike ballot among all the workers, of whom at least 51% of support the strike. (6. 101). 7 Workers participation in management – the legislative teeth should be provided. (6. 102). 18. The provisions in respect of small establishments can be in the form of a separate law name Small Enterprises (Employment Relations Act) or be included in the general law as a separate chapter to ensure that the interest of the workers are fully protected, even while lessening burden on the management and providing them with vigilance in exercising ma nagerial functions. 6. 106) III. CONTRACT LABOUR/CASUAL TEMPORARY WORKERS The Commission has recommended that contract labour shall not be engaged for core production /   service activities. However, for sporadic seasonal demand, the employer may engage temporary labour for core production / service activity. As mentioned by the commission that off-loading perennial non-core services like canteen, watch and ward, cleaning, etc. o other employing agencies has to take care of three aspects – (1) there have to be provisions that ensure that ensure that perennial core services are not transferred to other agencies or establishments; (2) where such services are being performed by employees on the payrolls of the enterprises, no transfer to other agencies should be done without consulting, bargaining (negotiating) agents; and (3) where the transfer of such services do not involve any employee who is currently in service of the enterprise, the management will be free to entrust th e service to outside agencies.The contract labour will, however, be remunerated at the rate of a regular worker engaged in the same organisation doing work of a comparable nature or if such workers does not exist in the organisation, at the lowest salary of a worker in a comparable grade, i. e. unskilled, semi-skilled or skilled. (6. 109). The Commission would recommend that no worker should be kept continuously as a Casual or temporary worker against a permanent job for more than 2 years. (6. 110) IV. WAGES i) The Commission recommends that every employer must pay each worker his one-month's wage, as bonus before an appropriate festival, be it Diwali or Onam or Puja or Ramzan or Christmas. Any demand for bonus in excess of this upto a maximum of 20% of the wages will be subject to negotiation. The Commission also recommend that the present system of two wage ceilings for reckoning entitlement and for calculation of bonus should be suitably enhanced to Rs. 7500/- and Rs. 3500/- for entitlement and calculation respectively. (6. 113). ii) There should be a national minimum wage that the Central Government may notify. This minimum must be revised from time to time. It should, in addition, have a component of dearness allowance to be declared six monthly linked to the consumer price index and the minimum wage may be revised once in five years. The Commission also recommends the abolition of the present system of notifying scheduled employments and of fixing/revising the minimum rates of wages periodically for each scheduled employment, since it feels that all workers in all employments should have the benefit of a minimum wage. 6. 114) (iii) There is no need for any wage board, statutory or otherwise, for fixing wage rates for workers in any industry. (6. 118). V. WORKING CONDITIONS, SERVICE CONDITIONS ETC The Commission recommended enactment of a general law relating to hours of work, leave and working conditions, at the work place. For ensuring safety at the wor k place and in different activities, one omnibus law may be enacted, providing for different rules and regulations on safety applicable to different activities. The Commission have appended a draft indicative law on hours of work and other working conditions after this chapter, and an omnibus draft indicative law on safety in the chapter on Labour Administration). Such general law on working conditions etc OTHER  RECOMMENDATIONS * Recommendations on women & child labour * Recommendations on skill development * Labour Administration * Workers participation in management * Employment scenario in the country * Review of wages and wage policy