scholarly journals The subcontracting of specialized services or the execution of specialized works by socially responsible companies versus labor outsourcing

Author(s):  
Soledad Soto-Rivas ◽  
Esmeralda Perez-Aguilar ◽  
María Elena Hernández-Hernández

Socially responsible companies are economic entities that know their tax obligations, serving them correctly and in a timely manner. The prohibition of outsourcing as established in art. 12 of the LFT and the permission of specialized services or execution of specialized works of art. 13 of the LFT is the link by which a company that provides specialized services must act ethically against the third parties involved. The prohibition of outsourcing has been a step forward in the face of the relaxation in terms of contributions and contributions related to subordinate work relationships. However, it is necessary to thoroughly review if this intention is carried out in accordance with current legislation and procedures regarding the contracting of specialized services by the different regulatory bodies such as the Secretary of Labor and Social Security, among others. Objectives.- Identify the opportunity to be a socially responsible company in the face of specialization services or execution of specialized works versus the prohibition of outsourcing. Methodology. - Analysis of current legislation on outsourcingbjetivos

Media Iuris ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 215
Author(s):  
Andini Aprilia Wardhani ◽  
Erni Agustin

The existence of Act No. 3 of 1992 on Social Security of Labor which regulates that a company is required to provide social security, one of them by providing health insurance for its workers. One form of health insurance provided by the company to its employees is through a healthcare contract, made between the company and the hospital generally referred to as the capitation contract. However, until now there has been no legislation regulating the capitation contract so that the question arises about the validity, characteristics, and implementation of the capitation contract itself. This article aims to examine the characteristics, the validity, and the implementation of capitation contract in Indonesia. Specifically, this type of capitation contract has not been regulated in Indonesian legislation. The parties to the capitation contract are hospitals as providers of healthcare services and companies as recipients of healthcare services. Payments in capitation contracts are fixed and made regularly provided by the recipients of health care services. Capitation contracts are included in contracts that are beneficial to the third parties. Implementation of captation contract in Indonesia refers to the prevailing laws and regulations in Indonesia and should not be contradictory to the regulations such as Social Security of Labor, Health Law and Hospital Law.


2016 ◽  
Vol 8 ◽  
pp. 46-52 ◽  
Author(s):  
Justyna Starostka

There are many roles that design can play in organisations. It can be source of good marketing strategy, and designer by himself can be a promotional tool for a company. Thanks to those actions companies can gain publicity, media attention and good PR.On the second level, design can be perceived as ‘process of making things better’. In this case companies can achieve more effective product development process, new tools and technologies.On the third level we have the situation when designer work alongside with company managers with the whole business concept. At this level, designers’ work looks more like a brand consultant, a strategist. In this approach design should be reflecting certain brand name and brand values.As our study presented, Swedish companies operate on those two, higher levels, while Polish still limit the scope of design. We strongly believe, that Polish companies, as they gain more experience with design activities, will be more likely to perceive design in this more mature approach. In the meantime, presenting best practices from companies from other, more mature countries could be a good way of promoting design as a strategic asset rather than promotional tool. We believe that in order to fasten this process, Polish companies should as follows:1. Work more often with external and foreign designers;2. Expand the area of designer responsibilities in companies;3. Place the responsibility for design in hands of professional design managers.


Author(s):  
Ly Tayseng

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.


Author(s):  
Sheng-Lin JAN

This chapter discusses the position of third party beneficiaries in Taiwan law where the principle of privity of contract is well established. Article 269 of the Taiwan Civil Code confers a right on the third party to sue for performance as long as the parties have at least impliedly agreed. This should be distinguished from a ‘spurious contract’ for the benefit of third parties where there is no agreement to permit the third party to claim. Both the aggrieved party and the third party beneficiary can sue on the contract, but only for its own loss. The debtor can only set off on a counterclaim arising from its legal relationship with the third party. Where the third party coerces the debtor into the contract, the contract can be avoided, but where the third party induces the debtor to contract with the creditor by misrepresentation, the debtor can only avoid the contract if the creditor knows or ought to have known of the misrepresentation.


Human Affairs ◽  
2020 ◽  
Vol 30 (3) ◽  
pp. 328-342
Author(s):  
László Bernáth ◽  
János Tőzsér

AbstractOur paper consists of four parts. In the first part, we describe the challenge of the pervasive and permanent philosophical disagreement over philosophers’ epistemic self-esteem. In the second part, we investigate the attitude of philosophers who have high epistemic self-esteem even in the face of philosophical disagreement and who believe they have well-grounded philosophical knowledge. In the third section, we focus on the attitude of philosophers who maintain a moderate level of epistemic self-esteem because they do not attribute substantive philosophical knowledge to themselves but still believe that they have epistemic right to defend substantive philosophical beliefs. In the fourth section, we analyse the attitude of philosophers who have a low level of epistemic self-esteem in relation to substantive philosophical beliefs and make no attempt to defend those beliefs. We argue that when faced with philosophical disagreement philosophers either have to deny that the dissenting philosophers are their epistemic peers or have to admit that doing philosophy is less meaningful than it seemed before. In this second case, philosophical activity and performance should not contribute to the philosophers’ overall epistemic self-esteem to any significant extent.


2020 ◽  
pp. 030631272098346
Author(s):  
Ryan Higgitt1

Neanderthal is the quintessential scientific Other. In the late nineteenth century gentlemen-scientists, including business magnates, investment bankers and lawmakers with interest in questions of human and human societal development, framed Europe’s Neanderthal and South Asia’s indigenous Negritos as close evolutionary kin. Simultaneously, they explained Neanderthal’s extinction as the consequence of an inherent backwardness in the face of fair-skinned, steadily-progressing newcomers to ancient Europe who behaved in ways associated with capitalism. This racialization and economization of Neanderthal helped bring meaning and actual legal reality to Negritos via the British Raj’s official ‘schedules of backward castes and tribes’. It also helped justify the Raj’s initiation of market-oriented reforms in order to break a developmental equilibrium deemed created when fair-skinned newcomers to ancient South Asia enslaved Negritos in an enduring caste system. Neanderthal was integral to the scientism behind the British construction of caste, and contributed to India’s becoming a principal ‘Third World’ target of Western structural adjustment policies as continuation of South Asia’s ‘evolution assistance’.


2016 ◽  
Vol 34 (1) ◽  
pp. 1-44
Author(s):  
Jeffrey S. Adler

On May 11, 1938, two New Orleans policemen entered the Astoria Restaurant, marched to the kitchen, and approached Loyd D. T. Washington, a 41-year-old African American cook. They informed Washington that they would be taking him to the First Precinct station for questioning, although they assured the cook that he need not change his clothes and “should be right back” to the “Negro restaurant,” where he had worked for 3 years. Immediately after arriving at the station house, police officers “surrounded” Washington, showed him a photograph of a man, and announced that he had killed a white man in Yazoo City, Mississippi, 20 years earlier. When Washington insisted that he did not know the man in the photograph, that he had never been to (or even heard of) Yazoo City, and that he had been in the army at the time of the murder, the law enforcers confined him in a cell, although they had no warrant for his arrest and did not charge him with any crime. The following day, a detective brought him to the “show-up room” in the precinct house, where he continued the interrogation and, according to Washington, “tried to make me sign papers stating that I had killed a white man” in Mississippi. As every African American New Orleanian knew, the show-up (or line-up) room was the setting where detectives tortured suspects and extracted confessions. “You know you killed him, Nigger,” the detective roared. Washington, however, refused to confess, and the detective began punching him in the face, knocking out five of his teeth. After Washington crumbled to the floor, the detective repeatedly kicked him and broke one of his ribs. The beating continued for an hour, until other policemen restrained the detective, saying “give him a chance to confess and if he doesn't you may start again.” But Washington did not confess, and the violent interrogation began anew. A short time later, another police officer interrupted the detective, telling him “do not kill this man in here, after all he is wanted in Yazoo City.” Bloodied and writhing in pain, Washington asked to contact his family, but the request was ignored. Because he had not been formally charged with a crime, New Orleans law enforcers believed that Washington had no constitutional protection again self-incrimination or coercive interrogation and no right to an arraignment or bail, and they had no obligation to contact his relatives or to provide medical care for him.


Organizacija ◽  
2013 ◽  
Vol 46 (2) ◽  
pp. 47-54 ◽  
Author(s):  
Anton Peršič ◽  
Mirko Markič

The aim of our research was to study the impact and purpose of the reporting on socially responsible conduct on the success of corporate operations. The data and information were gathered with the quantitative research method, whereas the instrument for gathering them was a questionnaire that was distributed among 759 large and medium sized organisations from the field of market services in the Republic of Slovenia. We have established that activities aimed at socially responsible conduct are directly connected with the success of corporate operations, especially the revenue (p = 0.001), the profit of a company (p = 0.000), operational growth (p = 0.007) and operational economy (p = 0.002), and are typical for organizations with a larger number of employees (p = 0.032). In this regard, the real estate and construction market activities received the lowest scores. Research results provide theoretical as well as practical benefits for everyone dealing with the planning, implementation and control of sustainable development, as well as socially responsible conduct within the organization.


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