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1 – 10 of 665Henry Gunawan and Brian H. Kleiner
Whether a worker is an employee of a business or an independent contractor with that business is an issue that can have many significant problems. Generally, an employee is…
Abstract
Whether a worker is an employee of a business or an independent contractor with that business is an issue that can have many significant problems. Generally, an employee is someone who works for an employer. An employee is controlled by the employer and has little discretion in the timing and performance of his tasks. According to Wilson, on the other hand, “independent contractors contract to do work and have the ability to perform the work without being subject to the control of the employer as long as they meet the expected results required by the contract (Wilson, 1999).” In short, independent contractors are independent business people who are hired to perform specific tasks. They are just like any other vendor, except they perform services rather than provide tangible goods and basically are in the business for themselves. Thus, they are not the hiring firm’s employees. They are not eligible for unemployment, disability, or workers compensation benefits (California Chamber of Commerce, 1991). There is no certain and consistent definition to distinguish an employee and an independent contractor. However, there are a number of rules that govern whether someone is an employee or an independent contractor; and each of the rules has its own characteristic in determining the issue.
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J. Luis Fragoso and Brian H. Kleiner
The purpose of this report is to help the reader understand the difference between independent contractors and employees. Employers use independent contractors for many reasons…
Abstract
The purpose of this report is to help the reader understand the difference between independent contractors and employees. Employers use independent contractors for many reasons, including cost, seasonal fluctuations, temporary assignments or highly skilled services. Independent contractors are different from employees in that they usually are not eligible for benefits such as health insurance or paid time off, are not covered by workers’ compensation insurance and are responsible for submitting their own income taxes to the Internal Revenue Service. However, someone does not become an independent contractor just because he or she is labelled that way, is not offered certain benefits or because her or his income taxes are not with held. In fact, not even the signing of a contract or agreement ensures that the independent contractor will not be classified as an employee by a government agency or the courts. The ultimate test to determine whether some one is an employee or an independent contractor is the degree of control an employer exercises over that individual’s work.
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Low Sui Pheng and Wee Tian Sin
Presents the principles of thirty six Chinese classical strategies which includes strategies for attack, strength, confrontation, confusion, gaining ground and desperate…
Abstract
Presents the principles of thirty six Chinese classical strategies which includes strategies for attack, strength, confrontation, confusion, gaining ground and desperate situations. Applies these to strategic planning and marketing rather than the traditional use on battlefields. Uses anecdotal evidence to give examples and suggests that they are relevant to many other business areas.
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Rebecca D. Frank and Laura Rothfritz
This article explores the tension between the concept of a Designated Community (DC) as a foundational element in Trustworthy Digital Repository (TDR) certification and curators'…
Abstract
Purpose
This article explores the tension between the concept of a Designated Community (DC) as a foundational element in Trustworthy Digital Repository (TDR) certification and curators' uncertainty about how to interpret and apply this concept in practice.
Design/methodology/approach
This research employs a qualitative research design involving in-depth semi-structured interviews with stakeholders in the Trustworthy Digital Repository Audit and Certification (TRAC) process.
Findings
The authors' findings indicate that stakeholders in the audit and certification process viewed their uncertainty about how to apply the concept of a DC in the context of an audit as a source of risk for digital repositories and the repositories' collections.
Originality/value
This article brings new insights to digital preservation by applying social theories of risk to trustworthy digital repository audit and certification processes, with an emphasis on the concept of DC.
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Looks at the practice of stipulating in international contracts which country’s law should govern any disputes that arise, using a governing‐law clause. Considers the regulations…
Abstract
Looks at the practice of stipulating in international contracts which country’s law should govern any disputes that arise, using a governing‐law clause. Considers the regulations relating to contractual matters of conflict of laws laid down by the 1980 Convention on the Law Applicable to Contractual Obligations, which exclude bills of lading unless they are regarded as non‐negotiable instruments. Outlines the treatment of conflict of laws relating to bills of lading under Greek, US and English law, citing legal cases as examples, and reveals that in all three legal systems the choice of the applicable law, set out in the contract itself, is included in the bill of lading. Uncovers contradictions in the Greek and English approaches to the contractual role of bills of lading, and suggests that a uniform approach must be adopted, following the lead of US legislation, which clearly specifies that the bill of lading is the contract of carriage in which the choice of law is explicitly stated.
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This paper explores attractiveness of stocks on Karachi Stock Exchange using event study methodology. The main findings of this paper are KSE 100 has included small share capital…
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This paper explores attractiveness of stocks on Karachi Stock Exchange using event study methodology. The main findings of this paper are KSE 100 has included small share capital base manufacturing companies during 2000‐2002. There is no significant difference in pre tax profitability of companies included (excluded) except for their capital structures. The results from event study seem to suggest that KSE100 stocks would be more attractive to passive investors. The passive investors tracking moderate beta stocks on KSE100 index are better off until beta of the stocks climbs up.
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The paper describes the use of STATUS by TRRL's Technical Information and Library Services to mechanize the library's document ordering, cataloguing, loans control and to…
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The paper describes the use of STATUS by TRRL's Technical Information and Library Services to mechanize the library's document ordering, cataloguing, loans control and to integrate these functions with a cooperatively‐acquired international database of abstracts — all in a single document record. Modifications made to standard STATUS to meet TRRL's needs are described and the good and bad features of STATUS as found in practice are outlined.
Presents the case for the use of computerised Bills of Lading. Outlines the issues of concern with electronic documents, showing that these documents have various roles to play…
Abstract
Presents the case for the use of computerised Bills of Lading. Outlines the issues of concern with electronic documents, showing that these documents have various roles to play, each of which must be considered when looking at the safeguards built into electronic systems. Considers Digital signatories, legal contractual agreements and various legislative approaches. Covers cross border jurisdiction and digital negotiability before looking at the European Model EDI Agreement. Comments on the Uncitral Model Law on Electronic Commerce and then presents the position held by the banking community. States the arguments for the paper form compared to the electronic form and concludes that there is a need for more understanding and legal clarification within the subject.
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According to the United Nations High Commissioner for Refugees, the world is experiencing the greatest refugee crisis in recorded history alongside increasingly restrictive limits…
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According to the United Nations High Commissioner for Refugees, the world is experiencing the greatest refugee crisis in recorded history alongside increasingly restrictive limits on asylum seekers and refugees. In 2020, the US administration established a ceiling for refugees of 18,000 people, the lowest number on record, and only 11,814 refugees were admitted to the United States. The Biden administration has expressed commitments to building a coherent asylum and refugee system and quickly reversing recent detrimental policies. But the administration has cautioned how quickly change might occur, given how “agencies and processes…have been so gutted.”1
2016 to 2020 included an overwhelming series of changes to laws and policies affecting asylum seekers, often with little documented planning or communication, wreaking severe effects on conditions for asylum seekers at the US–Mexico border. These changes had significant consequences for human rights, most notably the linchpin right of access to information. At the US–Mexico border, must the right “to seek, receive and impart information” be fulfilled in order to fulfill the right to asylum?
While information professionals are not expected to be experts in law, they are experts in understanding the link between access to information and the realization of justice and human rights. This chapter investigates the role of the information professional in the fulfillment of the right to asylum, particularly in the context of contemporary asylum seekers at the US–Mexico border, volatile information landscapes, and the legal and historical framework in the United States for seeking asylum.
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The concept of corporate social responsibility of the enterprise covers a vast territory! This paper proposes to limit the analysis and evaluation of this concept to three…
Abstract
The concept of corporate social responsibility of the enterprise covers a vast territory! This paper proposes to limit the analysis and evaluation of this concept to three distinct aspects. The first will treat the comparatively new and evolving common law implied term in corporated into the contract of employment relating to the enterprise’s social responsibility of respect towards the employee. The second will analyse an other generically linked recent common law development in the field of the enterprise’s social responsibility of respect towards the employee, namely the implied over‐riding term. Thirdly, the novel and developing wider concept of corporate social responsibility will be addressed and assessed. Some concluding thoughts will follow.
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