scholarly journals Inter-Branch Analogy in the Practice of Overcoming Gaps in the Legal Regulation of "Golden Parachute" Payments

Author(s):  
V. A. Mikryukov

The author of the article explains the advantages of using the method of inter-branch analogy and the use of established civil-law mechanisms to govern unsettled labor relations associated with the need to exercise judicial control over the amount of compensation paid for early dismissal to chief executive officers, their deputies, chief accountants of organizations in cases when dismissal occurs in the absence of any wrongdoing on behalf of an employee due to the change of ownership of the legal entity property or individuals controlling the legal entity. The author argues that lack of clear regulatory criteria applicable to determine the limits of discretion to establish the amount of such payments, legal uncertainty with respect of prior approval necessity and possibility of subsequent challenge of "golden parachutes" agreements on behalf of the beneficiaries of the organization constitute the most significant legal gap in the field in question. Due to the fact that a high degree of similarity was established with respect of the regime of transactions and labor agreements of top managers with regard to "golden parachutes" arrangements and a significant legal similarity was revealed between "golden parachutes" and civil law compensations paid to the creditor when the debtor exercised the right to unilaterally refuse to fulfill of the obligation, the author insists on doctrinal support for the application of rules applied to challenge major transactions and (or) interested party transactions to labor "golden parachutes" agreements, as well as the application of the mechanism of judicial reduction of abusive civil-law compensation to labor disputes in question.

Author(s):  
Li-Min Lin ◽  
Han-Jung Chen ◽  
Pei-Fen Chen ◽  
Robert D. Tennyson

This study employed the activity competency model (ACM) to investigate the perceived importance of the managerial activities, skills and knowledge required by top management in the healthcare sector. A survey instrument was designed based on the ACM for data collection. It encompasses 17 initial managerial activities and 14 managerial competences required to effectively perform these management activities. Data for this study were collected using a structured questionnaire. Twenty-seven healthcare top managers from 18 major hospitals in Taiwan were selected. These include 10 medical centers and 8 regional hospitals. Among these 27 top managers, there are 12 superintendents, 13 vice superintendents, and 2 chief executive officers. A set of critical managerial activities and the competency needed for top managers in the healthcare sector was identified. Findings have implications for healthcare management development, training and management career planning. Additionally, these findings can also serve as guidelines for recruiting the right top healthcare managers.


2020 ◽  
Vol 12 (4) ◽  
pp. 51-64
Author(s):  
Maryam Ebrahimi

This study aims to design and implement a new collaborative and integrated multi-agent system (MAS) to support chief executive officers (CEOs) of small-medium enterprises (SMEs) in formulating and implementing the right technology strategy (TS) in the renewable energy (RE) sector. In this regard, the TS requirements and methods are examined, and TSs are presented in two types of general TSs and specific TSs, including research strategies, investment strategies, and technology sourcing strategies, and also, system architecture is explained. Developing a novel comprehensive TS model for SMEs in the RE industry to provide a clear explanation of the systematic TS planning process and designing and implementing a distributed support system for facilitating collaboration between decision makers and TS negotiation are the most important contributions of this paper. In addition to developing existing knowledge about the importance of MAS for TS planning, the present study makes CEOs able to improve the process.


2015 ◽  
Vol 19 (2) ◽  
pp. 161
Author(s):  
Goh Ah Bee ◽  
Nopasit Chakpitak

<div><strong>Purpose:</strong> The purpose of this paper is to highlight to CEOs (chief executive officers) that implementing the continuous improvement (CI) program requires a gradual overhaul of the entire organization. Nurturing the right working mindset is more important than hastily implementing the CI program to reap the benefits. A right working mindset can be achieved through the ROFO principle. This paper illustrates how Schaffner Thailand (ST) uses the ROFO principle to: i) coach the workers to develop the right working mindset and ii) implement Lean Production (LP) in the entire organization.</div><div> </div><div><strong>Methodology/Approach:</strong> This case study was carried out solely in ST company. It explains how the company coaches its employees to embrace ROFO principle in a systematic manner. A random sample of about 180 employees was taken to determine if there was a significant change in working mindset before and after the coaching of the ROFO principle.</div><div> </div><div><strong>Findings:</strong> There was a significant and positive mindset change after the coaching of the ROFO principle. Workers realize that the more they embrace the ROFO principle the better is the learning and the cooperative environment. LP was successfully implemented throughout the whole organization. LP continues to thrive in ST.</div><div> </div><div><strong>Originality/Value of paper:</strong> The first author originated the ROFO principle. It is both a management concept and tool. It is easily understood and is not a complex model. A great benefit of it is that it can be applied immediately to generate workforce commitment.</div>


2013 ◽  
Vol 48 (6) ◽  
pp. 1717-1753 ◽  
Author(s):  
Eliezer M. Fich ◽  
Anh L. Tran ◽  
Ralph A. Walkling

AbstractIn acquisitions, target chief executive officers (CEOs) face a moral hazard: Any personal gain from the deal could be offset by the loss of the future compensation stream associated with their jobs. Larger, more important parachutes provide greater relief for these losses. To explicitly measure the moral hazard target CEOs face, we standardize the parachute payment by the expected value of their acquisition-induced lost compensation. We examine 851 acquisitions from 1999–2007, finding that more important parachutes benefit target shareholders through higher completion probabilities. Conversely, as parachute importance increases, target shareholders receive lower takeover premia, while acquirer shareholders capture additional rents from target shareholders.


Author(s):  
Bryan G. Norton

Critics of environmentalism have often charged that the movement is “elitist.” By this is meant, among other complaints, that environmentalists are mainly members of the middle and upper classes who have achieved a comfortable level of economic well-being and who want to “lock up” natural resources, discourage economic growth, and withhold upwardly mobile job opportunities from less privileged economic groups in the society. Environmentalists, of course, dispute this criticism, arguing that it is unsupported by any reasonable interpretation of either environmentalists’ goals or the socioeconomic data. Nevertheless, the criticism strikes a sensitive nerve. It is interesting that the charge is directed at environmentalists, a majority of whom are liberals or progressives, both from the right, which claims environmental regulations choke off economic opportunities, and from the left, which argues that skirmishes over resource policy represent just one more episode in the ongoing war between the classes. What is undeniable is that the growth issue is the most difficult one facing environmentalists today. Here is a real dilemma. If environmentalists embrace economic growth in America, they apparently embrace endless sprawl, boom towns, high energy use, degradation of watersheds and wetlands, more chemicals—evils without end. If they oppose growth, however, they appear to favor unemployment, reduced wages, and economic stagnation. About growth, the dilemma encourages ambivalence and waffling: In 1977, the Rockefeller Brothers Fund published The Unfinished Agenda: The Citizen’s Guide to Environmental Issues, which emphasized a need for “a major transformation in human values” and argued that the United States has “enjoyed a development that is no longer possible for most [nations].” The United States must, the report urges, aid in “the transition from abundance to scarcity” and provide examples of how, “in a ‘Conserver Society,’ quality of life can be preserved (and, for many, increased) in an era of scarcity.” In the years since the Reagan antiregulatory revolution, however, environmentalists have also emphasized the importance of economic growth in achieving environmental goals. In a 1985 agenda document (environmentalists love to compose agendas), the Group of Ten (chief executive officers of ten leading environmental organizations) said: “Continued economic growth is essential.


Author(s):  
James Westphal ◽  
Sun Hyun Park

This book presents the symbolic management perspective as a comprehensive, behavioral theory of corporate governance. It describes a pervasive pattern of symbolic decoupling, or separation between appearances and reality, at each level of the governance system. The processes of governance are less efficient or effective than they appear, at every level: from interpersonal relations within organizations, such as relations between chief executive officers and directors and between top managers and lower-level employees, between firm leaders and external stakeholders, and between communities of leaders and groups of constituents. There is even a separation between appearances and reality at the level of the governance system. Symbolic management comprises the agentic practices by which decoupling is maintained at different levels of the system, including internal and external communications by firm leaders that conform to prevailing cultural values. The symbolic management perspective not only provides an integrative, behavioral alternative to economic theories of governance such as agency theory, but it subsumes economic theory. Agency theory is reconceived as a historically contingent, institutional logic, or a set of cultural values, assumptions, and prescriptions that became taken for granted among key stakeholders for a period of time. We reveal a gradual shift in institutional logics of governance, away from the traditional agency logic, and toward an alternative “neo-corporate” logic that reinterprets agency prescriptions and drops fundamental economic assumptions of agency theory. Our theory and research ultimately demonstrate how the symbolic management activities of firm leaders have contributed to this historical shift in prevailing logics of governance.


1970 ◽  
Vol 36 (2) ◽  
pp. 28-48
Author(s):  
Jeffrey Katz ◽  
M. Rahim ◽  
Shane Spiller

Answering the call for additional investigation into microfoundations recentlyraised by organizational theorists and researchers, this study empirically investigatesthe relationship between social intelligence (SI) and strategic engagement (SE)among U.S. small business chief executive officers (CEOs). SI is being aware ofkey social contexts, effectively addressing challenges occurring in those contexts,understanding the concerns of others and their related personal situations/emotionalstates, and building/maintaining positive relationships in social situations therebybehaving appropriately. SE refers to actively participating in the process offormulation, implementation, and review of strategies for the purpose of improvingthe competitive position of the organization. Opinions of observers (top managers)regarding their respective CEOs’ SI and SE were assessed with questionnairesto explore the relationship between SI and SE. Data analysis using LISREL 9.2suggests that social intelligence is positively associated with strategic engagementbehaviors among successful top executives. Implications for the selection of newCEOs and the training of existing CEOs are offered.


2019 ◽  
Vol 27 (3) ◽  
pp. 221-225 ◽  
Author(s):  
Elisa Giuliani

Purpose This paper aims to discuss the ways in which multinational enterprises (MNEs) may contribute to growing inequality. Design/methodology/approach By showing some macroscopic evidence of business-related human rights infringements, this paper claims that the negative impacts of MNEs has been largely overlooked. Findings The extent to which MNEs contribute to income-based inequality through the abnormal accumulation of wealth by chief executive officers (CEOs), top managers and shareholders is known, and almost nothing is known about whether this is connected to MNEs’ track record of human rights infringements. Originality/value This paper suggest that there might be a connection between MNEs’ human rights infringements and the abnormal accumulation of wealth by companies’ CEOs, top managers and shareholders. It calls for more international business research investigating this link.


2020 ◽  
Vol 48 (9) ◽  
pp. 1-12
Author(s):  
Karwan Hamasalih Qadir ◽  
Mehmet Yeşiltaş

Since 2003 the number of small- and medium-sized enterprises (SMEs) has increased exponentially in Iraqi Kurdistan. To facilitate further growth the owners and chief executive officers of these enterprises have sought to improve their leadership skills. This study examined the effect of transactional and transformational leadership styles on organizational commitment and performance in Iraqi Kurdistan SMEs, and the mediating effect of organizational commitment in these relationships. We distributed 530 questionnaires and collected 400 valid responses (75% response rate) from 115 SME owners/chief executive officers and 285 employees. The results demonstrate there were positive effects of both types of leadership style on organizational performance. Further, the significant mediating effect of organizational commitment in both relationships shows the importance of this variable for leader effectiveness among entrepreneurs in Iraqi Kurdistan, and foreign entrepreneurs engaging in new businesses in the region.


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