concept of ethics and CSR in business practices and transactions.
Business Law (BUSS 1004) – Spring 2020 – CW-2 (Assignment) – QP MEC_AMO_TEM_035_01 Page 1 of 12 Instructions to Student Answer all questions. Total assignment word count (1400) Deadline of submission: 01/07/2020 23:59 The marks received on the assignment will be scaled down to the actual weightage of the assignment which is <50> marks Formative feedback on the complete assignment draft will be provided if the draft is submitted at least 10 days before the final submission date. Feedback after final evaluation will be provided by 15/07/2020 Module Learning Outcomes The following LOs are achieved by the student by completing the assignment successfully 3. Use appropriate sources for general legal analysis by identifying information, legal issues and reaching conclusions based on analysis. 4. Evaluate the concept of ethics and CSR and employ them in business practices and transactions. Assignment Objective The aim and the objective of assignment is to test the level of understanding of the module with respect to the learning outcomes and also measure the learning thorough assessing the case based questions and MOOC in the given assignment. Assignment Tasks This is an individual project report accounting for 50% of the overall 100 marks. You are required to prepare an individual report answering all the following questions with proper citation and references. ` IN SEMESTER (INDIVIDUAL) ASSIGNMENT-II Module Code: BUSS 1004 Module Name: Business Law Level: 6 Max. Marks: 100 Business Law (BUSS 1004) – Spring 2020 – CW-2 (Assignment) – QP MEC_AMO_TEM_035_01 Page 2 of 12 Task 1: Case Study – (Answer all questions) (90 Marks) The provisions of labor disputes shall apply to every dispute relating to the work or the conditions thereof between an employer and one of his workers or between one or more employer and all their workmen or any group thereof. Every employer who employs fifty or more workers shall display in a conspicuous place the procedure for complaints and grievances to be approved by the competent directorate. The said procedure shall provide that the worker has the right to submit his complaint or grievance to the employer or his representative. The worker who has been dismissed from work may within fifteen days of the date of his notification of the decision apply to the relevant directorate, to annul the dismissal decision. The directorate shall take the necessary steps to settle the dispute amicably, and if a settlement is reached the directorate shall record it and pursue the implementation thereof. An employer who refuses to implement the settlement shall be obliged to pay an amount equal to the worker’s wage for the period from the date of the settlement until the date on which he implement it. If a settlement is not reached within two weeks, or has been reached and one of the parties refuses to implement it, the relevant directorate shall refer the matter to the competent court within a period not exceeding two weeks from the expiry of the said period or from the date of such refusal. The referral shall be supported by a memorandum including a summary of the dispute and the parties’ arguments. The secretariat of the Court shall put the matter before the President of the Court within three days from the date on which it is referred, in worker to fix a session to hear it within a period not exceeding two weeks from the date of referral. The worker, the employer and the relevant directorate shall be notified of the session, and the notification shall be accompanied by a copy of the directorate’s memorandum. The court shall decide on the application for stay of the execution of dismissal, if any, within a period not exceeding two weeks from the date of first hearing and its judgment shall be final. If the Court orders the stay of execution of the dismissal, the employer shall be bound to reinstate the worker or to pay him an amount equal to his wage until the final adjudication of the dispute. The court shall pass a judgment on the dispute within a period not exceeding one month from the date of the order staying the execution of the dismissal. If it is proved to the court that the dismissal of the employee or the Business Law (BUSS 1004) – Spring 2020 – CW-2 (Assignment) – QP MEC_AMO_TEM_035_01 Page 3 of 12 termination of his services was arbitrary or contrary to the Law, it may decide to either reinstate the employee or oblige the employer to pay him compensation of not less than three month to be calculated according to the last full salary he received taking into consideration the conditions of the employee and his period of service, in addition to: The legally payable end of service gratuity to which the employee is lawfully entitled and all other benefits prescribed by the law or the work contract, whichever is higher. The basic salary together with the other allowances, if any, for the notice period provided for by the Law or the work contract, whichever is higher. Collective bargaining shall be conducted between employers and representatives of the labor union or the General Federation of the workers of the Sultanate of Oman in the enterprises where there is a labor union. In case where a labor union does not exist in the enterprise, bargaining shall take place between the employer and five of the employees to be elected by the employees of the enterprise. However, the employees of such enterprise may seek the help of the General Federation in electing their representatives. The employer shall have no right to object to any of the elected representatives. The collective bargaining between the employer and the labor union shall be held at the request of either party. Parties must provide the necessary information and data for conducting the bargaining. The employer is forbidden to take actions or make decisions regarding the matters under bargaining. The agreement reached through collective bargaining shall be written and signed by all parties. Copies of same shall be handed to each party and another copy shall be deposited at the Ministry. Some ethical requirements for businesses are codified into law; environmental regulations, the minimum wage, and restrictions against insider trading and collusion are all examples of the government setting forth minimum standards for business ethics. What qualifies as business ethics in history has changed over a period of time. The management team sets the tone for how the entire company runs on a day-to-day basis. When the prevailing management philosophy is based on ethical practices and behavior, leaders within an organization can direct Business Law (BUSS 1004) – Spring 2020 – CW-2 (Assignment) – QP MEC_AMO_TEM_035_01 Page 4 of 12 employees by example and guide them in making decisions that are not only beneficial to them as individuals, but also to the organization as a whole. Building on a foundation of ethical behavior helps create long-lasting positive effects for a company, including the ability to attract and retain highly talented individuals, and building and maintaining a positive reputation within the community. Running a business in an ethical manner from the top down builds a stronger bond between individuals on the management team, further creating stability within the company. Corporate Social Responsibility is often considered as a means of charity or donations. In practice, it is a successful approach for companies to engage themselves in activities that help society at large. Corporate Social Responsibility is a way of achieving a balance between profitable activities and social development. Corporate Social Responsibility encourages companies to enact positive change. While it does present an opportunity to strengthen your brand, it is essential to find the right partner organization and to associate with the right cause. Increasingly, all stakeholders, from consumers to investors or employees are closely looking at how companies are helping to tackle the world’s main risks. The expectations of corporations to have CSR strategies that help them be a force for good are contribute to solving issues such as soil erosion, ocean acidification or the lack of hygiene in developing countries. However, random actions of solidarity aren’t just enough. Q1. Explain the procedure to resolve Labor dispute in sultanate of Oman and also explain the mechanism followed to resolve disputes at workplace. ( 25 Marks, 350 words) Q2. Collective bargaining process helps in reducing the conflicts and having a fair working system, Discuss in the light of Oman Labour Law with specific reference to Collective Labour Agreement Act. ( 25 Marks, 350 words) Q3. When an employee isterminated from the job without justifying reasons, in this situation what are the legal options available for the terminated employee? Discuss in the light of Oman Labour Law. ( 20 Marks, 300 words) Business Law (BUSS 1004) – Spring 2020 – CW-2 (Assignment) – QP MEC_AMO_TEM_035_01 Page 5 of 12 Q4. Explain the concept of ethics, corporate social responsibility (CSR) and how they are practiced in Oman, Discuss any two specific examples pertaining to Oman. (20 Marks, 300 words) Task 2: Massive Open Online Course (MOOC): It is a free Web-based distance learning program that is designed to accommodate the learners from different background irrespective of their geographical connectivity. Kindly do a MOOC course relevant to Business Law domain of your choice. You may refer the list of MOOC sources mentioned in lecture PPT’s on Moodle of Business Law as well. Q5. Write a brief reflective report on MOOC course you have taken up, highlighting your learning from the course, benefits and the challenges if any along with proof of the participation of the course. (5 Marks. 100 Words). Evaluation Criteria Marks allotted Q1. Explain the procedure to resolve Labor dispute in sultanate of Oman and also explain the mechanism followed to resolve disputes at workplace. . 25 Q2. Collective bargaining process helps in reducing the conflicts and having a fair working system, Discuss in the light of Oman Labour Law with specific reference to Collective Labour Agreement Act. 25 Q3. When an employee has been terminated from the job without justifying reasons, In this situation what are the legal options available for the terminated employee? Discuss in the light of Oman Labour Law. 20 Q4. Explain the concept of ethics and corporate social responsibility (CSR) and how they are practiced in business in Oman, Discuss any two specific examples pertaining to Oman. 20 Q5. Write a brief report on MOOC course you have undergone, highlighting your learning from the course, benefits and the challenges if any along with proof of the participation of the course. 5 Format of the report: (table of contents, spelling and grammar Word count, appendices) Coventry Harvard style of referencing need to be followed. 5 TOTAL MARKS 100 Note: Marks awarded are provisional until approved by the exam board. Business Law (BUSS 1004) – Spring 2020 – CW-2 (Assignment) – QP MEC_AMO_TEM_035_01 Page 6 of 12 Rules & Regulations: All resources should be cited using CU Harvard style. The final assignment must have a Title page, Table of Contents, References/ bibliography using CU Harvard Style and page numbers. Title Page must have Assignment Name, Module name, Session, your name, ID, and the name of the faculty. Softcopy in word format is to be submitted through Turnitin link on Moodle. Provisional Viva may be conducted after the assignment. Guidelines: Assignment must be computer typed. Font – Times New Roman Font – Style – Regular Font – Size – 12 Heading should be with Font Size 14, Bold, Capital and Underline. Each student has to do the assignment individually. You can refer books in e-Library or use internet resource. But you should not cut and paste material from internet nor provide photocopied material from books. The assignment answers should be in your own words after understanding the matter from the above resources. Important Policies to be followed 1. Student Academic Integrity Policy*: MEC upholds the spirit of academic integrity in all forms of academic work and any form of violation of academic integrity shall invite severe penalty. Any benefit obtained by indulging in the act of violation of academic integrity shall be cancelled. All cases of violation of academic integrity on the part of the student shall fall under any of the below mentioned categories: 1. Plagiarism 2. Malpractice 3. Ghost Writing 4. Collusion 5. Other cases If the student fails a module and has a proven case of academic integrity violation in this module, the student is required to re-register the module. This is applicable to first and second offenders of plagiarism. Business Law (BUSS 1004) – Spring 2020 – CW-2 (Assignment) – QP MEC_AMO_TEM_035_01 Page 7 of 12 1. Plagiarism A. First offence of plagiarism I. If a student is caught first time in an act of plagiarism during his/her course of study in any assignment other than project work, the student will be allowed to re-submit the assignment once, within a maximum period of one week. However, a penalty of deduction of 25% of the marks obtained for the resubmitted work will be imposed. II. Period of re-submission: The student will have to re-submit the work one week from the date he or she is advised to re-submit. III. If the re-submitted work is also found to be plagiarized, then that assessment will be awarded a zero mark. Re-submission of the work beyond the maximum period of one week will not be accepted and the assessment will be awarded a zero mark. B. Second offence of plagiarism If any student is caught second time in an act of plagiarism during his/her course of study (in a subsequent semester), the student will directly be awarded zero for the work in which plagiarism is detected. In such cases, the student will not be allowed to resubmit the work. A warning of suspension shall be issued, and student has to sign an undertaking and undergo counselling session in such cases. 2. Malpractice/Ghost writing/Collusion A. First offence of Malpractice/Ghost writing/Collusion If a student is caught in an act of Malpractice/Ghostwriting/Collusion for an assessment component irrespective of coursework or end semester, the student shall fail the module and shall be required to re-register the module B. Second Offence of Malpractice/Ghost writing/Collusion If a student is caught a second time in an act of Malpractice/Ghostwriting/Collusion for an assessment component irrespective of coursework or end semester, the student shall fail the module. A warning of suspension shall be issued, and student has to sign an undertaking and undergo counselling session in such cases. 3. Third Offence of Academic Integrity Violation If a student is caught a third time in an act of Academic Integrity Violation for an assessment component irrespective of coursework or end semester (in a subsequent semester), the student shall fail the module and also shall be suspended for one semester from the College, as recommended by institutional level academic committee, Chaired by the Associate Dean, Academic Affairs. 4. Fourth Offence of Academic Integrity Violation: If a student is caught a fourth time in an act of Academic Integrity Violation for an assessment component irrespective of coursework or end semester (in a subsequent semester), the student shall Business Law (BUSS 1004) – Spring 2020 – CW-2 (Assignment) – QP MEC_AMO_TEM_035_01 Page 8 of 12 fail the module and also shall be expelled from the College, as recommended by institutional level academic committee, Chaired by the Associate Dean, Academic Affairs. 5. Other cases If a student commits an act of academic integrity violation as per the definition of “other cases” mentioned in the previous section or of a different nature, student’s case shall be forwarded to an institutional level academic committee, Chaired by the Associate Dean, Academic Affairs. The committee shall investigate the case by means of a viva and/or a disciplinary hearing and shall take appropriate decision. The penalty that can be granted to a proven case of academic integrity violation which falls in this category of “other cases” can be a warning/component zero/ module fail/suspension/expulsion depending on the nature and gravity of the offence. 6. Types/Variations of Cases: I. If plagiarism is detected in any component of one assessment, the deduction in marks will be applicable for the whole assessment, even if only the component or part submission alone needs to be resubmitted. II. If plagiarism is detected in a group assessment, all students of the group will be considered as having committed an act of plagiarism and the policy will then be applied to all students III. If plagiarism is detected in any component of a group assessment, the deduction in marks will be applicable for the whole assessment even if only the component or part submission alone needs to be resubmitted. All students of the group would be considered as having committed an act of plagiarism and the policy will then be applied to all the students of the group. IV. If the assessment consists of components or part submissions that could be a group assessment component (e.g. group assignment) and an individual assessment component (e.g. individual reflection), the following will be applicable: a. If plagiarism is detected in the group assessment component, all students of the group will be considered as having committed an act of plagiarism, The policy will then be applied to all students of the group. Group assessment component will be resubmitted as per the policy. b. If plagiarism is detected in the individual assessment component, the individual assessment component will be resubmitted and the policy will then be applied to that student alone. c. For both (a) and/or (b), the deduction in marks will be applicable for the whole assessment. * for further details Refer to MEC Student Academic Integrity Policy in Student Handbook. Business Law (BUSS 1004) – Spring 2020 – CW-2 (Assignment) – QP MEC_AMO_TEM_035_01 Page 9 of 12 2. Late Submission Regulations: It is the students’ responsibility to check all relevant timelines related to assessments. As per the Assessment Policy at MEC, late submissions are allowed for one week (5 working days) for all UG modules with a penalty. In such cases, a deduction of 5% of the marks obtained for the submitted work shall be imposed for each working day following the last date of submission till the date of actual submission. Assessment documents submitted beyond a period of one week (5 working days) after the last date of submission will not be accepted and will be awarded a zero for that assessment. In cases where the submission has been delayed due to extenuating circumstances, the student may be permitted to submit the work without imposing the late submission policy stated above. The extended period of submission will be one week from the original last date of submission. In such cases, the student is expected to submit the supporting certificates on or before the original last date of submission of the assessment and the decision of extension rests with faculty responsible for the assessment .The late submission policy shall be applied if the student fails to submit the work within one week of the original last date of submission. Students may contact their teachers for clarification on specific details of the submission time if required. 3. Research Ethics and Biosafety Policy To protect and respect the rights, dignity, health, safety, and privacy of research subjects involved including the welfare of animals and the integrity of environment, all student projects are expected to be undertaken as per the MEC Research Ethics and Biosafety Policy. Accordingly the following shall apply. Research and other enterprise activities shall be conducted by maintaining the high ethical standards consistent with national and international standards and conventions. Any research at MEC that is categorized as high-risk research shall be subject to review and approval by the Research Ethics and Biosafety Committee. Research activities involving collection of human or animal tissues and manipulation of microbial, animal or plant cells shall be subject to review and approval by the Research Ethics and Biosafety Committee. Participants involved in research must be informed about the purpose of research and intended uses of research findings. Written consent must be obtained from people involved prior to the commencement of research. Data obtained from participants must be treated with high confidence and should be used only for the intended purpose of research. Business Law (BUSS 1004) – Spring 2020 – CW-2 (Assignment) – QP MEC_AMO_TEM_035_01 Page 10 of 12 Marking Rubric Question 91-100% 81-90% 71-80% 56-70% 41 – 55% 0 – 40% Marks 25 24-23 19-22 16-18 11-15 10-1 Q1 Explain the procedure to resolve Labor dispute in sultanate of Oman and also explain the mechanism followed to resolve disputes at workplace. (25 marks) Excellent Answer in terms of informatio n, and authentici ty of informatio n with required, Quality of the Content and Level of Analysis and extent of research. Comprehensive, wellstructured, and focused critical analysis of different approaches to resolve Labor dispute in sultanate of Oman and also explain the mechanism followed to resolve disputes at workplace. No grammar and syntax mistakes in report and referencing. Comprehensive and focused critical analysis of different approaches to resolve Labor dispute in sultanate of Oman and also explain the mechanism followed to resolve disputes at workplace. Answer is very clearly linked and references from relevant journals with other articles as extra articles. No grammar and syntax mistakes in report and referencing. Clear analysis of different approaches to resolve Labor dispute in sultanate of Oman and also explain the mechanism followed to resolve disputes at workplace. Answer is very clear and Fulfilling the requirement of the task is met in terms of number of points needed. Few errors in referencing and grammar. Explanations provided on different approaches to resolve Labor dispute in sultanate of Oman and also explain the mechanism followed to resolve disputes at workplace. Answer is very clearly stated. Some errors in referencing and grammar visible. Very basic and generic explanation of different approaches to resolve Labor dispute in sultanate of Oman and also explain the mechanism followed to resolve disputes at workplace Repeated errors in grammar and referencing visible. Marks 25 24-23 19-22 16-18 11-15 10-1 Q2 Collective bargaining process helps in reducing the conflicts and having a fair working system, Discuss in the light of Oman Labour Law with specific reference to Collective Labour Agreement Act. (25 marks) Excellent Answer in terms of informatio n, and authentici ty of informatio n with required, Quality of the Content and Level of Analysis and extent of research. Comprehensive, wellstructured detail about the Collective bargaining process helps in reducing the conflicts and having a fair working system. No grammar and syntax mistakes in report and referencing. Comprehensive and focused detail about the Collective bargaining process helps in reducing the conflicts and having a fair working system. No grammar and syntax mistakes in report and referencing. Clear and comprehensive explanation on Collective bargaining process helps in reducing the conflicts and having a fair working system Few errors in referencing and grammar. Explanations provided on comprehensive on Collective bargaining process helps in reducing the conflicts and having a fair working system. Appropriate citations and corresponding references provided. Some errors in referencing and grammar visible. Very basic and generic information on the Collective bargaining process helps in reducing the conflicts and having a fair working system. Repeated errors in grammar and referencing visible. Business Law (BUSS 1004) – Spring 2020 – CW-2 (Assignment) – QP MEC_AMO_TEM_035_01 Page 11 of 12 Marks (20) 19-17 16-13 12-9 8–5 4-1 Q3. When an employee is terminated from the job without justifying reasons, In this situation what are the legal options available for the terminated employee? Discuss in the light of Oman Labour Law. (20 marks). Excellent Answer in terms of informatio n, and authentici ty of informatio n with required, Quality of the Content and Level of Analysis and extent of research. Comprehensive, wellstructured explanation on when employee is terminated from the job without justifying reasons. Answer shows evident independent reading and wide extent of research. No grammar and syntax mistakes in report and referencing. Comprehensive and critically explaining on when employee is terminated from the job without justifying reasons. No grammar and syntax mistakes in report and referencing. Clear critical explanation on when employee is terminated from the job without justifying reasons. Full requirement of the task is met in terms of number of points needed. Few errors in referencing and grammar. Explanations provided on when employee is terminated from the job without justifying reasons.. Some errors in referencing and grammar visible. Some of the explanations are relevant and some explanations are not very clear. Answer fails to properly link to the task given. Failed to completely meet expectations of the task. No citations given or mistakes in grammar and referencing are obvious Marks (20) 19-17 16-13 12-9 8–5 4-1 Q4: Explain the concept of ethics, corporate social responsibility (CSR) and how they are practiced in Oman, Discuss any two specific examples pertaining to Oman. (20 marks). Excellent Answer in terms of informatio n, and authentici ty of informatio n with required, Quality of the Content and Level of Analysis and extent of research. Comprehensive, wellstructured information on concept of ethics, corporate social responsibility (CSR) and how they are practiced in Oman, Discuss any two specific examples pertaining to Oman. Answer shows evident independent reading and wide extent of research. No grammar and syntax mistakes in report and referencing. Comprehensive and focused analysis information on concept of ethics, corporate social responsibility (CSR) and how they are practiced in Oman, Discuss any two specific examples pertaining to Oman. Citations and corresponding references from relevant journals or other articles as extra articles. No grammar and syntax mistakes in report and referencing. Clear critical analysis information on concept of ethics, corporate social responsibility (CSR) and how they are practiced in Oman, Discuss any two specific examples pertaining to Oman. Few errors in referencing and grammar. Critical analysis on information on concept of ethics, corporate social responsibility (CSR) and how they are practiced in Oman, Discuss any two specific examples pertaining to Oman. Some errors in referencing and grammar visible. Some of the explanations are relevant and some explanations are not very clear. Answer fails to properly link to the task given. Failed to completely meet expectations of the task. No citations given or mistakes in grammar and referencing are obvious. Business Law (BUSS 1004) – Spring 2020 – CW-2 (Assignment) – QP MEC_AMO_TEM_035_01 Page 12 of 12 Marks 5 4.5-4 3.5-3 2.5 -2 1.5-1 0.5-0 MOOC( 5marks). Exception al reflective report along with registratio n and submittin g certificate of completio n of MOOC in relevant HR domain. Excellent reflective report along with registration and submitting certificate of completion of MOOC in relevant HR domain. Very Good reflective report along with registration and submitting certificate of completion of MOOC in relevant HR domain. Good reflective report along with registration and submitting certificate of completion of MOOC in relevant HR domain. Just attempted with some evidence. NOT ATTEMPTED Marks 5 4.5-4 3.5-3 2.5 -2 1.5-1 0.5-0 Relevant journals and other scholarly citations and articles and proper referencing (5Marks). Relevant journals and other scholarly citations and articles. There is clear evidence of well cited journals and other relevant articles (minimum five relevant journals). Citations and journals meet Coventry Harvard and MEC formatting guidelines fully. There is clear evidence of well cited journals and other relevant articles (minimum four relevant journals). Citations and journals meet Coventry Harvard Coventry Harvard and MEC formatting guidelines fully. There is clear evidence of well cited journals and other relevant articles (minimum three relevant journal). Citations and journals meet Coventry Harvard and MEC formatting guidelines fully. Citation of journals and other relevant articles is there (minimum two relevant journals). Citations and journals do not meet Coventry Harvard and MEC formatting guidelines fully. Citation of journals and other relevant articles is there but less than minimum required number. Citations and journals do not meet Coventry Harvard and MEC formatting guidelines fully.