Monday, September 30, 2019

The effectiveness and roles of CAMHS Emergency/Paediatric Liaison Teams in general hospital/Paediatric settings: A Systematic Literature Review

our site – CUSTOM ESSAY WRITING – DISSERTATION EXAMPLES Abstract CAMHS Emergency/Paediatric Liaison plays a vital role in the mental and physical health of children and adults, and has numerous benefits, both for the practitioners and for the patients. This report presents a systematic review of literature on the effectiveness and roles of CAMHS emergency/paediatric liaison teams in general hospital/paediatric settings. The main source of literature that were used in this study comprised of journal articles obtained from different scientific databases such as PubMed and Emerald. Whilst the role of CAMHS emergency/Paediatric liaison teams in healthcare are acknowledged in this research, it has been established that their effectiveness is hampered by their current limited capacity. Introduction In healthcare, interdisciplinary or multidisciplinary teams play a key role in provision of overall services to different groups of interest. Such teams comprise of healthcare professionals and workers specialised in different disciplines, each providing different services that contribute to the overall well-being of the patient(s) (Ke et al., 2013). An example of such teams is the collaboration between professionals in child and adolescent mental health services (CAMHS) and paediatrics, who work in liaison to provide mental and physical health interventions for children in different healthcare settings (Lamb & Murphy, 2013). The link between mental and physical health problems among children have been recognized for a long time, and one way in which this can be addressed is through the integration of child psychiatric and paediatric services (Herrenkohl et al., 2013). Child psychiatrists who work in paediatric liaison settings argue that there are several cases of children whose parents/guardians incur high service costs in treating physical symptoms that turn out to have underlying psychiatric issues (Costello et al., 2014). Such conditions include Somatoform disorders, which are exhibited through physical symptoms(Perez et al., 2015). These high costs can be effectively through hospital paediatric liaison mental health services because it facilitates evidence-informed diagnoses and treatment from both physical and psychiatric practitioners. Other benefits include proper interventions for physical and psychiatric health issues among children(Costello et al., 2014). However, evidence from researches such as Foster (2009) indicated that in the United Kingdom, such liaisons are few and as well, have a high vulnerability to service cuts. As this literature review explores of the effectiveness and roles of CAMHS emergency/paediatric liaison teams in general hospital/paediatric settings, it critically evaluates its possible positive and negative implications in child care. It is based on this reviews that recommendations for practice can be provided to ensure that such multidisciplinary teams solve the problems that may be currently being faced as a result of the shortage of paediatric liaison mental health services (PL CAMHS). The objectives that are to be addressed in this review of literature are as listed below: To examine how CAMHS Emergency/Paediatric Liaison Teams in general hospital/Paediatric settings work. To establish the effectiveness of CAMHS Emergency/Paediatric Liaison Teams in general hospital/Paediatric settings. Methodology During this research, a secondary study approach, through a systematic literature review, was used. This research approach involved the utilization of data from sources that have already been published on the subject being studied. The selection of this research approach was because a lot of information can be obtained from a wide variety of sources within a short time (Lilford, et al., 2017). This is as compared to primary research where respondents would have to be selected, and data collection approached administered to them, which is both time consuming and costly. With regards to the inclusion and exclusion criterion, priority was given to article that have been published in reputable journal databases such as Pubmed, Wiley Online Library, Biomed and Emerald. This was instrumental in ensuring the authenticity of both the sources and the information contained in them because journal articles published on these databases undergo a rigorous process of review. When searching for data sources on the internet, keywords were used in order to return the articles, books or reports that had the most relevance for the research. Some of the key words that were used included ‘paediatrics, ‘child mental health’, ‘CAMHS Emergency/Paediatric Liaison’ and ‘multidisciplinary teams in healthcare’. Another criterion used for selection was the time of publication. The sources used were only to be those published within the past 10 years. Selection of recent data sources is ideal because it provides information that is still relevant and valid. Given that the UK health sector undergoes constant changes in order to make it more effective and efficient, reliance on older sources might provide an inaccurate description of the current situation with regards to CAMHS Emergency/Paediatric Liaison. On application of these search, inclusion and exclusion criteria in searching for secondary sources, there was an assurance that the information presented in the systematic review was highly relevant. Tables were used in the presentation of results.FindingsIn most cases, caregivers of the patients may be concerned, and wish to access some advice so as to determine the possible impact of an illness to a child and also explore some of the possible ways of getting to communicate about the illnes ses (Herbert et al., 2016). Referrals in most cases get to typically involve those situations where there are some additional psychological issues. The liaison service has a great advantage as it is multidisciplinary and it provides so many interventions that could include; psychiatric nursing, family work, and some psychological therapies. Teaching, consultation, supervision and training is provided for the therapists and also the staff that is working hard towards the provision of the required services. Young people and child mental health is sub-specialty of both paediatrics and also mental health. The disparity that exists between the fields leads to some delay in the development of young people and child mental health services (Wilson, Metcalfe & McLeod, 2015). Berelowitz, and Hugo (2015) claim that liaison between the mental health and general services can be quite challenging and it is often unmanaged and unplanned. The need for a robust liaison model is recognized, however collaborative working especially between the professionals is rarely evident. A framework that is multidisciplinary is the most effective working model for liaison. There needs to be a lot of commitment in the psychiatric, paediatric and also psychological disciplines as they are very essential to its overall success. More children and also adolescents are presenting the A & E departments with harm that they cause on themselves, they are admitted with other conditions that include, psychosis, psychosomatic problems and also some eating disorders (Griffith &Glasby, 2015). It has generally led to an increase in the number that is accommodated on the adolescent units and the pediatric wards. Provision of the inpatient CAMHS is yet to catch up with an increase in the recognition of the increased need. The mental health needs of the children and adolescents have received a high priority especially in those health policies that have been formulated recently. The nurses have a role to ensure that they provides collaborative and also evidence based mental healthcare for the children and adolescents as well irrespective of their clinical environment (Wilson, Metcalfe & McLeod, 2015). CAMHS nursing role is very specific and adds a lot of dimension in most cases to the care that the children and also adolescents that have the mental health issues need. It is inclusive of those other disciplines that lack time, resources and also skills so as to deliver effectively. Liaison nursing has its major focus on the relationship that exists between the patients and also the nurses rather than the treatment and also diagnosis of various diseases (Cleaver, 2014). Nurses that are available in CAMHS liaison have the duty of providing, consultation, clinical care, education, supervision, nursing and also ensure that they undertake research(Ke et al., 2013). They ensure that they provide both support and also nursing advice to the colleagues that are in the paediatric setting and they all the time as they have a responsibility of ensuring that the wellbeing and also safety of the clients is provided fully. Recognition of the fact that nurses are providing care in an environment t hat is less than perfect is very important to the building of partnerships that are effective. It also leads to the acknowledgement of the challenges of caring for those adolescents that are troubled in the emergency departments or even the paediatric ward (Herbert et al., 2016). Glazebrook, Townsend and Sayal (2015) found out that the response given to the children and adolescent mental health needs requires some serious consideration of the variety of services that are provided at different levels. They are the early intervention programs, the ones of mental health promotion, the primary and also community mental health care services, and specialist services on mental health for those conditions that are more serious. A lot of evidence has been documented to clearly demonstrate that the behavioural difficulties and also early implementation of the programs that are meant to support the families can lead to better outcomes in the health of the children and also adolescents that are at risk of developing chronic mental health problems (Griffith & Glasby, 2015). CAMHS programs have been very crucial in addressing the risks that are faced and also providing some protective factors early in life need (Glazebrook, Townsend & Sayal, 2015).Wilson, Metcalfe, and McLeod (2015) add that for those children and also adolescents that are at more risk, this includes those ones that come from families that have a lower income, low levels of education, and also all those ones that live in those areas that are disadvantaged. The schools also have a role of ensuring that they focus on promoting positive mental health. An approach that is based on the school encompasses the whole learning environment of the learner and this includes the physical environment, curriculum, and also the links that exist between the community and the parents as well (Cleaver, 2014). There are some capacity building and also personal elements of mental development that lead to the general improvement of the children and also provide more opportunities that promote their wellbeing. Prevention of bullying is a key element that leads to the promotion of health, so there is need to develop some policies that deter such vices from existing in the learning environments(Costello et al., 2014). Adolescent is a very crucial stage in the psychological development of a child. The children require a lot of understanding of the life challenges that they face so that they can develop skills so as to cope with those emotions that are considered to be difficult (Cleaver, 2014). The adolescence stage is a time that a higher risk of poor mental health that may result in depression, anxiety, depression, psychosis, substance misuse and even some eating disorders. There is also an increasing risk of suicidal behaviour and even deliberate self-harm. CAMHS is very crucial in providing the children and also adolescents the services that they need (Glazebrook, Townsend & Sayal, 2015). Discussion The increasing number of both children and also young people who have mental problems and receive care in the paediatric settings presents a huge challenge to the nurses. Some of them do not have any mental nursing experiences or even qualifications (Herbert et al., 2016). Cleaver (2014) claims that on call nursing support is something that most of the nurses feel is the most beneficial, aspect of the services of liaison teaching and also individual support with the young person is very important. There is need to ensure that a project is initiated that will lead to improvement of liaison in the general paediatric wards and the child and also adolescent mental health services. There is a gap that exists in addressing the need of the many children and young adults that have physical illnesses and also some mental health needs. CAMHS paediatric liaison service tends to focus on the mind and also body interface. The service offers consultation to so many referrers. They provide a lot of help to the children and also adolescents that have mental health problems. Interventions that they offer are of help not only to the affected group, but also to their families as well (Cleaver, 2014). Herbert et al. (2016) assert that they also target the psychological barriers that exist to physical care, the psychological management of the physical symptoms among many other issues. It has over the years provided consultation and also advice to adult services especially in the hospital for those patients that need some care due to their mental state. Even though the objectives of the research were met, there are several limitations that were encountered in this research that may have limited the effectiveness with which the research objectives could have been met. One of these was the challenge in the selection of article to include in the report, out of hundreds that were found online. In addition to this, the fact that many databases had to be accessed, some of this requiring paid access, also contributed to the limitations of the study. Whilst the secondary research approach has its strengths, there are some associated limitations. The strengths include the fact that the need for ethical clearance before carrying out the research is less emphasised (Mallett et al., 2012). This is as compared to primary research where research ethics have to be adhered to in order to avoid exposing research subjects to any form of harm. A limitation, on the other hand, is in the fact that the information collected is not first hand and thus, makes it difficult to ascertain that indeed, that is the exact issue or challenge being faced in CAMHS Emergency/Paediatric Liaison situations in the United Kingdom. In conclusion, the findings from the different sources that were included in this systematic review highlight the importance of CAMHS-PL liaisons in general hospitals. Children and adolescents who may have psychiatric issues that are manifested through physical symptoms have an assurance of getting the necessary intervention and relief by seeking these services. Another advantage is that the overall costs incurred in treatment are less than when physical and mental healthcare are disconnected(Costello et al., 2014). Some of the issues that can be effectively addressed by CAMHS/Paediatric liaisons include tobacco use among adolescents that may lead to mental issues, insecure attachments that contribute towards self-harm, acute mental distress and ICD-10 psychiatric disorders, among others. This justifies the need for more multidisciplinary teams in child and adolescent physical and psychiatric care. References Berelowitz, M., & Hugo, P. (2015). Management of the Really Sick Child or Adolescent with Anorexia Nervosa in Hospital: The Role of Child and Adolescent Mental Health Services. In Critical Care for Anorexia Nervosa (pp. 11-40). Springer International Publishing. Cleaver, K. (2014). Attitudes of emergency care staff towards young people who self-harm: a scoping review. International emergency nursing, 22(1), 52-61. Costello, E. J., He, J. P., Sampson, N. A., Kessler, R. C., & Merikangas, K. R. (2014). Services for adolescents with psychiatric disorders: 12-month data from the National Comorbidity Survey–Adolescent. Psychiatric Services, 65 (3), 359-366. Foster, C. (2009). Adolescents in Acute Mental Distress on Inpatient Pediatric Settings: Reflections From a Pediatric Liaison Practitioner. Journal of Child and Adolescent Psychiatric Nursing, 22 (1), 16–22. Garralda, M., & Slaveska-Hollis, K. (2016). What is special about a Paediatric Liaison Child and Adolescent Mental Health serviceChild and Adolescent Mental Health, 21 (2), 96–101 . Glazebrook, K., Townsend, E., & Sayal, K. (2015). The Role of Attachment Style in Predicting Repetition of Adolescent Self?Harm: A Longitudinal Study. Suicide and life-threatening behavior, 45(6), 664-678. Griffith, L., &Glasby, J. (2015). â€Å"When we say ‘urgent’it means now†¦Ã¢â‚¬  Health and social care leaders’ perceptions of each other’s roles and ways of working. Journal of Integrated Care, 23(3), 143-152. Herbert, A., Christian, C. I. S., & RA, C. (2016). CAMHS/AMHS Transition Policy, Islington. Policy. Herrenkohl, T. I., Hong, S., Klika, J. B., Herrenkohl, R. C., & Russo, M. J. (2013). Developmental impacts of child abuse and neglect related to adult mental health, substance use, and physical health. Journal of family violence, 28 (2), 191-199. Ke, K. M., Blazeby, J. M., Strong, S., Carroll, F. E., Ness, A. R., & Hollingworth, W. (2013). Are multidisciplinary teams in secondary care cost-effectiveA systematic review of the literature. Cost Effectiveness and Resource Allocation, 11 (1), 7. Kulkarni, M., Huddlestone, L., Taylor, A., Sayal, K., & Ratschen, E. (2014). A cross-sectional survey of mental health clinicians’ knowledge, attitudes, and practice relating to tobacco dependence among young people with mental disorders. BMC Health Services Research, 14 (1), 618. Lamb, C., & Murphy, M. (2013). The divide between child and adult mental health services: points for debate. The British Journal of Psychiatry, 202 (54), s41-s44. Perez, D. L., Barsky, A. J., Vago, D. R., Baslet, G., & Silbersweig, D. A. (2015). A neural circuit framework for somatosensory amplification in somatoform disorders. The Journal of neuropsychiatry and clinical neurosciences, 27 (1), e40-e50. Wilson, S., Metcalfe, J., & McLeod, S. (2015). Comparing Choice and Partnership Approach assumptions to Child and Adolescent Mental Health Services in NHS Greater Glasgow and Clyde. International journal of health care quality assurance, 28(8), 812-825. Wilson, S., Metcalfe, J., & McLeod, S. (2015). Comparing Choice and Partnership Approach assumptions to Child and Adolescent Mental Health Services in NHS Greater Glasgow and Clyde. International Journal of Health Care Quality Assurance, 28 (8), 812 – 825.

Sunday, September 29, 2019

Communication: The Culture Affect Essay

Communication one of life’s biggest assets yet also one of life’s greatest issues. Everyone uses communication – everyone in every walk of life, in every country, everywhere. There is no way around it. We depend on communication for nearly everything. â€Å"Communication is the vehicle by which meanings are conveyed, identity is composed and reinforced, and feelings are expressed. As we communicate using different cultural habits and meaning systems, both conflict and harmony are possible outcomes of any interaction† (LeBaron, 2003). Proper communication is one of the keys to success. One would think that given its importance, communication would be held in higher regard and more effort would be put forth in communicating correctly. Mary Guffey and Dana Lowey discuss the five key elements of culture in their book, Essentials of Business Communication, to help improve our understanding of cultural communication. Those five elements are as follows: context, individualism, formality, communication style, and time orientation. Guffey and Lowey say that â€Å"context is one the most important cultural dimensions, yet it is among the most difficult to define†. In one idea, context can be considered to be the environment from which one’s perceptions are attained. There are both low-context cultures, like the US and high-context cultures, like Asia. Low-context cultures tend to be more direct, and think everything needs to be explained. They do not mind confrontation or making demands. They rely on facts, data, and logic. They are more relaxed about power and wealth, but do value competence regardless of job or position. They take words at face value. High-context cultures value group decisions and rely on relationships ore than data. They avoid confrontation and emotion in business transactions. They value position and status over competency. They may not take words literally. (Guffey & Loewy, 2010) It is easy to see why context is important to our communication. If these differences were understood or at the very least known about before communication begins, misunderstandings and offenses can be avoided. â€Å"An attitude of independence and freedom from control characterizes individualism† (Guffey & Loewy, 2010). Low-context cultures, such as Americans, generally value individualism, while high-context cultures tend to be more collectivist. Individualism represents independence, self-assertion, initiative, competence, and personal achievement. Collectivism represents a more group-oriented mindset. Their identity is found in the group, rather than themselves as an individual. Then you have some cultures that cannot be characterized as either individual or group oriented primarily. (Guffey & Loewy, 2010) When communicating to these different groups, it is important to highlight the ideals that they value. Formality is another element. Some cultures hold tradition, ceremony, and social rules in high regard, while others do not. Americans, generally informal, can be quite offensive to more formal cultures. For example, Americans are friendly to most and develop friendships easily. We share information and are â€Å"comfortable† with authorities (teachers, bosses, etc. ) in our lives. We also address people by their first names, something that is not done by formal cultures. Titles are heavily used in formal cultures and names are reserved for only close friends and family. The Western, informal, culture is more relaxed about social status and position of power. Formal cultures hold authority figures in very high regard. In Egypt, Turkey, and Japan students stand when their teacher enters the room and bows to them when they pass them on the street. (Samovar, Porter & McDaniel, 2010) So again, when communicating with a group or culture that is different from you, especially communication from an informal culture to a formal culture, it is vital to know the culture and mold your communication appropriately. Communication style is another important element that cultures approach differently. For example, â€Å"to Americans and Germans, words are very important, especially in contracts and negations. People in high-context cultures, on the other hand, place more emphasis on the surrounding context than on the words describing a negotiation† (Guffey & Loewy, 2010). Americans approach contrast as final, Japanese approach contracts as intentional but changing, and Mexicans approach contracts as ideals in a perfect world. Americans are straightforward in communication and are somewhat distrusting of individuals who are not for full disclosure. Americans like to work through negotiations quickly. The Japanese, or high-context culture, tend to drag out negotiations because they have realized others cultures concede over time. They are often quite and meticulous in negotiations. Realizing the differences in communication styles will be of tremendous asset to one’s business dealings. The fifth element that separates cultures is time orientation. Americans view time as an important commodity. They value productivity and efficiency. They see time as money. They, as a general rule, do not keep people waiting for business meetings. For one, that would not be a good business practice and two, that would be exceptionally rude. While this is true for American cultures, there are many other cultures that do not look at time the same way at all. Hispanic or Caribbean cultures have a far more relaxed view of time. They, generally, are not in a hurry. According to Guffey and Lowey, † the perception of time and how it is used are culturally learned†. Having an understanding of how a culture uses their time becomes important as you begin to have dealings with them. Each culture has its view on these different elements; each culture communicates differently, each culture values differently, and so on. It is important to realize these differences and learn to adapt to the culture in which you are currently dealing. Adapting to a particular culture could possibly be there difference in making or breaking a deal. Life, as a whole, is about compromise and balance. Communication is simply another element of compromise. As stated earlier, communication can be one of life’s biggest assets or one of life’s greatest issues. Words and actions must be chosen wisely to communicate effectively.

Saturday, September 28, 2019

Thinking and Decision Making Paper Essay Example | Topics and Well Written Essays - 500 words

Thinking and Decision Making Paper - Essay Example The employees who are known to possess the creative thinking abilities within their personalities are usually seen in a very positive way and they are given the room to exploit their strengths, not only for their own good but also for the sake of the long term success of the organization itself. Creative thinking thus opens many avenues for success and growth within the domains of the organizational reigns in an abundant capacity. Creative thinking does not usually depend a great deal on the way scientific and logical thinking models operate. It distances itself from the same and relies more on the creative input, brought forward by the artist (the employee). (Halpem, 1997) Thus creative thinking style is not possessed by each one of the employees within the workplace. It is a very sought after skill and one that is innate right from the onset of one’s recruitment within an office place setting. Creative thinking is usually rewarded in a very handsome fashion, with salary incentives, perks, medical allowances and so on. The creative artists or employees are seen in a much respected way and are given the dignity that they so richly

Friday, September 27, 2019

American culture Essay Example | Topics and Well Written Essays - 500 words

American culture - Essay Example ionary guidance as the country encounters unimagined threats such as weapons of mass destruction, global terrorism, rogue states and weak states, natural disasters, new and chronic diseases, and global warming among other challenges. Due to these threats, there is need for strong, appropriate, and effective leadership styles in the U.S, mostly for the wellbeing and safety of the public. These leadership styles are in fact the indicators by which the leadership of America should be defined. The United States of America, being a world superpower, will always have its leadership assessed and judged. Due to its responsibilities and influences, there will always be the need for the U.S to renew its leadership styles, policies and strategies. There are several types of leadership styles that people should emulate in the U.S. These styles include directive, participative, empowering, charismatic, and celebrity/superstar leadership (Mills 15). Although quite well understood, directive leadership, which involves the giving of orders by political or corporate executives has considerably become less common in the U.S. The other style of leadership recommended for U.S leadership is participative leadership, which emphasizes teamwork. Related to this style is empowering leadership, which stresses the assigning responsibilities to colleagues and subordinates. American political and corporate organizations should thus empower the people by such leadership styles. The other type of leadership by which America should identify with is charismatic leadership by which leaders will be followed for their qualities and successes. In fact, such leaders will not have to offer anything in return for the support of their subordinates or the public (Mills 16). However, the definition of charismatic leadership could vary from one culture, community, or socioeconomic class to another. The other leadership style with which America should adopt is celebrity leadership in which a leader is

Thursday, September 26, 2019

Assessment of parental satisfaction with dental treatment under Thesis

Assessment of parental satisfaction with dental treatment under general anesthesia - Thesis Example Waiting lists for such treatment are long, with average wait times of at least a year after the initial diagnosis. In addition, for parents with limited income, out-of-hospital care under general anaesthesia often was not an option. Many dentists are reluctant to treat patients on social assistance, because of low provincial reimbursement rates which barely cover their costs. It is recognized that there is a decline in access to hospital based general anaesthesia and operating rooms for paediatric dental patients. In September 2005, the University of Toronto, Faculty of Dentistry opened a new facility, the Paediatric Dentistry Dental Anaesthesia Surgicentre, to address the growing need to provide dental treatment under general anaesthesia in the paediatric population. The goal of the Surgicentre is to provide quality patient care in a timely manner to this underserviced/marginalized population. The expansion of the program serves the dual goals of reaching out to the community while enhancing the students educational experience, reflecting objectives that are central to the Universitys academic plan. The reported criteria for providing dental care under general anaesthesia are rampant caries in children less than five years of age or inability to cooperate when treated under local anaesthesia for five to eight-year-olds (Alcaino et al, 2000). Jamjoom et al. (2001) reported dental caries as being the most common reason for referral for general anaesthesia in patients under sixteen years of age, with the majority of children being under the age of six years. The experience of oral pain can have a considerable impact on the development of a childs growing dental fear and anxiety. However, dental fear can be learned from parents and friends, or can be the result of negative medical experiences unrelated to dental care (Berggren et al., 1997; Klingberg et al., 1995). Dental fear in children may also manifest as clinical

Wednesday, September 25, 2019

Materials&Manufacturing Report (( car body pressing )) Essay

Materials&Manufacturing Report (( car body pressing )) - Essay Example Dies is used for press blanking to the section and is specific depending on the necessity of the shape of the panel required or if there is justification in the volume of production. Blanks may be sufficient for some panels, trapezoidal, rectangular, or slightly curved shapes to be produced by line or shearing machines. The oscillating shear is a development for use since it is more flexible for the blank preparation with a stroke rate of more than 100 per minute. The blanking line includes; de-coiler, coil handling, flattener or leveller, blanking press, feeder, and stacker for blanks. The function of a corrective leveller is for the removal of; These blanks which are tailored welded for the complex panels are primed through diverse linking processes including; spot welding, laser welding, and mash-seam welding that result into better strength material that is cost effective. Pieces similar or different in gauges or materials are welded together into a single blank before the stamping process. Dense or thin or different strength groupings also result in the reduction of weight. These tailored blanks may reduce the stack tolerance and improve the dimensional accuracy of the vehicle. The inner assembly’s dimensional accuracy of a conventional door covers tolerance in the width of the steel, and the tolerances associated with piercing, stamping, and spot welding reinforcements. The improvement of accuracy is achieved by the minimization if the reinforcements. The dimensional variation of hole location in door panels have been reduced with laser welding of blanks from +/- 0.5 to +/-0.075 mm. Spot welding or seam welding may be used but for a tailored blank, the laser welding blanks are used since they provide three advantages including; However, there is a greater demand of strict control of the butt-joint pressure, the edge quality, and other parameters of laser welding that includes; welding speed, power, beam alignment,

Tuesday, September 24, 2019

Comparative Analysis of John Rawls Justice as Fairness and Irving Essay - 15

Comparative Analysis of John Rawls Justice as Fairness and Irving Kristols A Capitalist Conception of Justice - Essay Example The flaw with this argument is that an individual gets economically rewarded for those attributes of his personality that he did not cultivate, evolve or learn of his own industry and enterprise. In other words, talents in rendering music, mathematical ability and good looks, etc are to a large extent genetically determined. So what we see here is a subtle form of Eugenics. There are also shades of Social Darwinism attached to Kristol’s hypothesis, wherein the capitalist system will eliminate those individuals who are unable to contribute to the economy. It is also impetuous of Kristol to state that â€Å"luck† is a valid determinant of human dignity. To imply that the indignation suffered by those living in absolute poverty is a matter of bad fortune while the luxuries enjoyed by the rich minority are attributable to an element of good luck is too simplistic an argument to make. In making a comparison between â€Å"social justice† and â€Å"capitalism† Kr istol mentions how capitalism is neither egalitarian nor authoritarian. One gets an impression that there is no virtue in aspiring for an egalitarian society and that authoritarianism is inherently defective. Both the conceptions are false. Secondly, authoritarianism is not a decadent concept as the author would have us believe. There are objections to this line of argument. First of all, isn’t it a universal principle of justice and decency that no section of humanity should be living in absolute poverty?

Monday, September 23, 2019

Viewing Disability Binary vs. Continuum Coursework

Viewing Disability Binary vs. Continuum - Coursework Example In this regard, viewing disability in a binary sense would be unfair as persons who have suffered disabilities because of one reason or the other. Therefore, it should be seen as a continuum and hence set as a bio-psychosocial representation incorporating both social and medical forms of disability. A binary view of disability would further hinder an interactive and accommodative situation of the complexities of his or her impairment or disability and the environment. Viewing the disability as a continuum would afford the individual the chance to see all aspects of their body functioning. It would also open for them the opportunity to exploit their capacity and partake in various activities. On the other hand, a binary view of disability would not consider the interrelation between the resultant interaction of contextual factors and an individuals health condition where disability should be regarded as an injury. It should also be measured in the context of the limitations in the activities an individual can perform their capacity and their performance at society levels hence. Schelly, D. (2008). Problems associated with choice and quality of life for an individual with intellectual disability: a personal assistants reflexive ethnography. Disability & Society, 23(7), 719-732.

Sunday, September 22, 2019

Equity and trusts assignment (law) Essay Example | Topics and Well Written Essays - 3000 words

Equity and trusts assignment (law) - Essay Example Sadhia owns 1,000 shares in Yorkshire Water and owns and runs a retail clothes shop. She also owns a number of freehold commercial properties in Bradford and London, in addition to a cottage in Devon and a cottage in Scotland. Sadhia is admitted to hospital shortly before the anticipated birth of the baby because her symptoms of infection were widespread and she needed constant medical care; she was advised by her consultant that she only has a few weeks to live. She calls her brother and her eldest children Irfan and Safeena to a family meeting in the hospital at which she says she wishes them both to take over the retail shop and run it together. Sadhia also says that Irfan is to have her recently acquired Audi estate car. 6. I give to my husband the balance standing to the credit of my Barclays bank account for his sole use and what is left or that he no longer needs shall be held on trust for the children in equal shares. 9.I give to my trustees my collection of original Indian prints upon trust for sale and I direct that they should allow any member of my family to choose one of the paintings before the collection is sold. In order to be able to advise the parties with regard to the dispositions in the will and the trust deed it is necessary to consider which of the bequests can be regarded as valid and which might fail due to having not been properly constituted. In an express trust the person making the bequest must adhere to certain formalities in order for the will and the trust document to be regarded as valid. In relation to determining the validity of the will an the trust deed the court will need to consider whether the requirement of the three certainties has been satisfied. One of the first considerations that will be made by the court will be in respect of the capacity of the person making the will. This is governed by the Family Law

Saturday, September 21, 2019

PCI DSS stands for Payment Card Industry Essay Example for Free

PCI DSS stands for Payment Card Industry Essay The senior management has been advised by the legal department that the organization will need to become PCI DSS compliant before using online applications that accept credit cards and customer personal information. The management isn’t familiar with PCI DSS compliance; therefore, the management asked you to prepare a recommendation explaining PCI DSS compliance, how the organization can move through the compliance process, and the consequences of noncompliance. PCI DSS stands for Payment Card Industry Data Security Standard. PCI DSS originally began as five different programs: Visa, MasterCard, American Express, Discover and JCB data security programs. Each company creates an additional level of protection for card issuers by ensuring that merchants meet minimum levels of security when they store, process and transmit cardholder data. PCI DSS specifies 12 requirements for compliance, organized into six logically related groups called control objectives. Each version of PCI DSS has divided these 12 requirements into a number of sub-requirements differently, but the 12 high level requirements have not changed since the inception standard. The control objectives are Build and maintain a secure network, protect cardholder data, maintain a vulnerability management program, implement strong access control measures, regularly monitor and test networks and maintain an information security policy. The requirements for compliance are, install and maintain a firewall configuration to protect card holder data, do not use vendor-supplied defaults for system passwords and other security parameters, protect stored cardholder data, encrypt transmission of cardholder data across open public networks, use and regularly update anti-virus software on all systems commonly affected by malware, develop and maintain secure systems and applications, restrict access to cardholder data by business need-to-know, assign a unique ID to each person with computer access, restrict physical access to card holder data, track and monitor all access to network resources and cardholder data, regularly test security systems and processes and maintain a p olicy that addresses information security. According to Visa, no compromised entity has yet been found to be in compliance with PCI DSS at the time of a breach. Assessments examine the compliance of merchants and services providers with the PCI DSS at a specific point in  time and frequently utilize a sampling methodology to allow compliance to be demonstrated through representative systems and processes. It is the responsibility of the merchant and service provider to achieve, demonstrate, and maintain their compliance at all times both throughout the annual validation/assessment cycle and across all system and processes in their entirely.

Friday, September 20, 2019

Singlish As A Language In Singapore

Singlish As A Language In Singapore To begin, we need to establish the difference between English and Singlish. English in this essay refers to standard international English that is used by native speakers of English and bilingual users of English for cross-cultural communication. (McKay 2002:132) It is the language formally used in public administration, law and education in Singapore. On the other hand, Singlish refers to Singapore Colloquial English, which is used by many Singaporeans. It is fused with the terms and intonations with the native mother tongues such as Bahasa Malayu, Chinese, Hokkien, Cantonese and Tamil. Singlish can be spoken both by people who do not have a good grasp of English, as well as those who have a strong command of international standard English. Firstly, Singaporeans understand the need for proper English for economical purposes. In the increasingly globalised and interconnected world, the government realizes the need to be able to communicate fluently with others not from Singapore. Singapore is an economically prominent city and does much of its trade with other countries, America being the second largest consumer of Singaporean exports after China. (Statistics Singapore: Ministry of Trade and industry, 2008) The economic situation of Singapore requires the people to be fluent in English so as to be able to communicate well with foreigners who are doing business with them. As such, the government has put in place measures to ensure that Singaporeans are able to speak English fluently. The first language of the Singaporean education system is English and very recently, in September 2009, the Education Minister Ng Eng Hen mentioned in his ministrys work plan seminar that raising the standard of English of students will be a main goal for schools in the coming years. He indicated that they would realize this by allowing students to speak up more often in class. Another government measure to raise help Singaporeans speak proper English is the initiation of the Speak Good English Movement that started in 2000 and is still in effect. The then deputy Prime Minister Lee Hsien Loong spoke at the launch of the Speak Good English Movement 2001, and voicing that there is a need for Singapore to grow into an attractive economic hub for foreign companies and foreign talent. Through out his speech, DPM Lee Hsien Loong constantly draws the link between Singapore being an economic center and the need for Singaporeans to be fluent in English. From these examples, we can see that th e government in Singapore recognizes the need for English and thereby initiates practices in education and public campaigns to increase the use of English in Singapore. I personally feel that greater emphasis on standard English in the Singaporean education system is in the right direction. I had previously tried relief teaching at a neighborhood school for a few months. On many occasions, I had the opportunity to read the English essays of the students and was rather unsettled by the fact that the students could not express themselves clearly in proper English. Many times, it was apparent that they used the sentence structure of mandarin and translated it to their written English. On many occasions, I find that the students are unable to switch between the use of standard English and Singlish, even when speaking. If they continue to use English and Singlish interchangeably, there is no doubt that people from other countries would not be able to understand them. Due to this, I agree that there is a need to raise the standard of English in Singapore. The government is not the only party who is aware of the need for proper English. Many Singaporeans are aware of this as well, especially when it comes to representing Singapore to the global world. This is clearly exemplified in the recent controversy over Miss Singapore World beauty queen, Ris Low. A local news channel, Razor TV, interviewed Low and it was revealed that her standard of spoken English was not up to the standards of many Singaporeans. Viewers were appalled that she was chosen to represent Singapore despite her low standard of spoken English. Soon after, it was made known that she was charged for credit card fraud. Nonetheless, there were many requests by the public who wrote in to the Straits Times forum, as well as other online forums, to oppose her being chosen as Miss Singapore World even before her credit card fraud case was publicized. This shows that Singaporeans understand the need to speak proper English when portraying Singapore to other countries. Together with their call for the usage of proper English in Singapore, government figures have also expressed concern over the use if Singlish in Singapore. In the opening speech at the launch of the Speak Good English Movement 2000 by Prime Minister Goh Chok Tong, he expressed concern over Singlish, instead of English, becoming Singapores common language. He maintained that if Singaporeans continue to use Singlish, something he referred to as a corrupted form of English not understood by others, we would lose our competitiveness in the economy. He also mentioned, if they (young Singaporeans) speak Singlish when they can speak good English, they are doing a disservice to Singapore. DPM Lee Hsien Loong highlighted a similar concern regarding this issue in his speech the following year. DPM Lee stated that on top of having more people speaking English, it is equally, if not more important to get Singaporeans to speak good, standard English à ¢Ã¢â€š ¬Ã‚ ¦ rather than Singlish, a local dialect unique to Singapore. He added that if we want to reinforce our identity as Singaporeans, we should choose something other than Singlish. Through this, we can see that together with their call for proper English, DPM Lee and PM Goh were also calling for a reduced usage of Singlish. Although I agree with the implementations in educational policies and public campaigns for the usage of proper English due to the need for economic competitiveness, I think that Singlish has a role to play in Singaporean Society. Singlish is unique to Singapore as it is a direct result of the interactions between people of different races and native tongues and is part of the national identity because people are connected to the language and to each other when they use it. Language is fundamentally a tool for us to communicate with one another and Singlish enables Singaporeans to do this effectively among ourselves. In fact, Singlish came about precisely to perform this function. Singapore, before and during the colonial times, already had a wide variety of people from different native tongues working here. Due to its situation as a port along the naval Spice Route, there were many emigrants from the region, such as southern Chinese and Indian laborers. Coupled with the indigenous Malay speaking population, this made Singapore a place with diverse language background. English was introduced when the British colonists used English as the medium for administration. Soon after independence in 1965, the government made English that main medium of education in Singapore. (Low, Brown, 2005, 20) Gradually, English came to be localized with terms from the native tongues of the people in Singapore. Malay, Mandarin and its dialects, and Tamil words were incorpor ated into this local version of English. This is especially so for words which seem to have no direct English equivalent, such as kiasu, blanjah or shiok. Singlish also often takes on the syntax of Chinese and Malay. (Wee, 2009, 56-59) It is seen that the Singaporean version of English, or Singlish, has come about as a result of the interactions between the different cultures and languages here and this mix is not observed anywhere else in the world. Wee (2009, 63-66) states that the formation of Singlish was not from a committee who sat down and discussed the structure, grammar and vocabulary of Singlish. Rather, Singlish was a natural result of the people from different native tongues and cultures in Singapore, communicating and interacting with one another. It is precisely because of the fact that Singlish is a cultural product that came about naturally from Singaporeans that makes it relevant to Singaporean society. While English can be used by everyone in Singapore and allow them to communicate with one another effectively, Singlish has an added quality to it. It allows Singlish speakers to feel a sense of connection to and through the language because Singlish is localized and English does not possess this trait. From my personal experience as a student in Singapore, it is apparent that my teachers try to use proper English during lessons where it is in a formal setting. As a student, I would answer and pose questions to my teachers in standard English. However, I would use Singlish when conversing with my friends because it is an informal setting. In fact, sometimes when we hear someone speaking in proper English in an informal setting, my friends would comment that that person was pretentious and that there was no need to use proper English among friends. In another experience, where I went for an inter- secondary school leadership camp, we were put in groups with students from other schools and backgrounds. During the first group discussion session, I had taken to speaking in standard English because I had thought that it would be more appropriate. However, I realized that some of my group mates were not responsive so I decided to switch to Singlish, hoping that they would open up and contribute more. As I had hoped, they immediately started to speak up more during the discussion. In the following group discussion sessions, I realized that when the facilitator posed a question in standard English, my group mates did not seem forthcoming with their thoughts, but once someone contributed to the discussion in Singlish, they would speak up more and subsequent contributions were in Singlish. Perhaps they initially didnt contribute because they had trouble understand that question or topic of discussion. However, I do not think that they had any trouble grasping what was being asked or discussed. Rather, they started to open up because Singlish provided us the opportunity t o establish a bond with each other. Although simple, these examples show us that Singlish connects Singaporeans together through a common colloquial language in which we are comfortable in expressing our thoughts. Singlish is also used in the media in Singapore to give it an authentic sense of being Singaporean. Singaporean sitcoms like Phua Chu Kang Pte Ltd, My Sassy Neighbor, Police and Thief, Under One Roof and Growing Up are seen as portraying the lives of Singaporeans and the characters in these shows speak in Singlish. Local films like I Not Stupid, Money No Enough and Just Follow Law had actors speaking in Singlish throughout the film. Even their titles are in Singlish. Musicals like Beauty World, Dim Sum Dollies and $ing Dollar incorporate Singlish as well. In fact, Beauty World was originally a play and it is seen as one of the more successful creative literature locally and has been produced into a musical a few times. It is about a girl called Ivy from Malaysia who comes to Singapore to find the true identity of her father. Her boyfriend, Frankie, accompanies her to Singapore as well. As noted by Low and Brown, both Ivy and Frankie speak in standard English throughout the show while the other Singaporean characters speak in Singlish (Low, Brown, 2005, p. 181). This amplifies how the use of English and Singlish by different characters help identify their nationalities in the show. These shows target the local audience and as a result, include the Singlish language to depict an authentic local portrayal. The Singapore tourism Board portrays Singapore as Uniquely Singapore and a common question asked is whether Singapore has anything to call their own. Singlish is definitely something that is uniquely Singaporean. A poll by NUS Students Political Association done on 750 undergrads revealed that Singlish was considered most Singaporean with 75.3% of the votes (Leo, 2005). Similarly, in a recent Political Science forum, the topic of debate was whether Singapore had a national identity. Singlish came up quite often because many forum participants recognized people who speak Singlish as being Singaporean. Whenever I visited Malaysia, my sister and I would even play a game where we would try to distinguish if a person was Malaysian or Singaporean simply by the way they spoke. Despite the fact that Manglish (Malaysian English) and Singlish are somewhat similar, we were still able to find something distinctive and unique in the way that Singaporeans speak. In this sense, Singlish can be said to be part of Singapores national identity because it differentiates us from people of other places and nations. In conclusion, I do agree that there is a need for Singaporeans to be fluent in standard English so as to be competitive in the global world and raising the standard of English is indeed the right course of action by the Singaporean government. However, I do not think that Singlish should be excluded from being used in Singapore. Not only does it transcend people of different racial identities in Singapore, it allows people to feel a sense of connection to the language itself, which English does not offer. Singlish is part of the nation identity because people are connected to the language and to each other when they use it.

Thursday, September 19, 2019

Comparing Functionalist and Traditional Marxist Perspectives on Crime E

There are many theories on why crime exists as well has who is committing the crimes and the underlying reasons behind it The two main perspectives being Traditional Marxist and Functionalist both with different views they share very little in common, however they do agree that society shapes the individual and not the individual that shapes society. What is meant by that is that we are all products of our upbringings and learn through socialisation what our beliefs are, what we agree on personally and often shared beliefs and the understanding of what is 'the norm; through our primary interaction with others beginning at home and continuing onto schooling and work. Our beliefs aren't always set in stone and can change through time and growth and the interaction with others once outside the family domain. There are many explanations beginning with Durkheim who was a functionalist, there is Merton who doesn't totally agree with Durkheim but adopted his theory on 'Anomie' and made it his own. In addition there is Hirschi whose theories mirrored that of Durkheim's and before concluding, Marxist view on crime will be looked at. The Functionalist view on crime and society is likening it to the human body to explain it functions. The body has it organs whereas society has it institutions. Functionalists have an interest in the functions of crime, hence the name and are interested in how crime contributes to society as a whole. There is a belief that society is based on consensus or agreement of shared beliefs and values of what is considered to be 'the norm', the views hare then passed on through socialisation. Share values and beliefs o... ... be deviant within a corporate structure although should it occur it is highly unlikely the public would be made aware of it. However the question of mental state of an individual hasn't even been raised by any of the sociologists to explain why a person may offend. Merton seemed to make a lot of sense but there seemed to be something missing in his explanations on why crime exists why some commit and others don't, perhaps the reality is there is no definite answer on why it exists. BIBLOGRAPHY Durkheim, E (1985/1987) Suicide: A Study in Sociology, London: Routledge Erikson, K J. (1966) Wayward Puritans, New York: Wiley Hirschi, T. (1969) Causes of delinquency, Berkeley, CA: University of California Press Merton, R. (1938) Social Structure and Anomie, American Sociological Review, Vol 3, 672-683

Wednesday, September 18, 2019

AIDS/HIV Research :: essays research papers

AIDS Research All A.I.D.S research should be funded by the government. Today A.I.D.S has become a large concern within society. Sexually active youth are constantly threatened with the chance of getting A.I.D.S.. A.I.D.S is everyone's problem and a cure has to be found. With funding from the government, it will provide the capital necessary for the research to find a cure, to stop the spread of A.I.D.S; eventually bringing down the number of people contracting and spreading the disease. Presently, many people have contracted the A.I.D.S virus, and it has become close to an epidemic. People who are sexually active have this constant threat of the disease looming over their heads. The people that contract the disease are normal people just like you and I. This disease does not favor any race or sexual preference. Many more people than you might believe have this disease, and the thing is many of these people, don't even know that they have the virus. Although many people may consider A.I.D.S research as costly and ineffective it is extremely important as a cure is found. Research requires a lot of funding whether it be private or government funding. This money is exceptionally important, as it provides the equipment, and the peoples salary who are doing the research. The amount of money needed for the research may seem like it is a lot, but it is worth it. It is worth it because if you consider the amount of money that we give to foreign countries to aid their economy we could be using this money to save peoples lives all around the world. People are dieing everyday, and many more are in hospitals; so if we find the cure we will save lives, and get these people who have contracted the disease out of hospitals, and living on their own again. Furthermore, research to stop the spread of A.I.D.S must be done. Meanwhile, in the search for a cure, research has to be done to find better methods of stopping the spread of the disease.

Tuesday, September 17, 2019

Minimum Wage in the United States Essay

A minimum wage is the lowest hourly, daily, or monthly wage that employers may legally pay to employees or workers. The debate over minimum wage in the United States has been ongoing for over 100 years. It is a hot topic in labor, human interest, and especially in economics. Is the minimum wage too low? Is it too high? Should we have one at all? Does having a minimum legal wage help those who it is intended to help, or does it actually make them worse off? Theses questions are asked on a daily basis by interested parties. While there may not be one definitive correct answer, there are compelling arguments on both sides of the issue, and those who represent their â€Å"side† are passionate about their opinions. This is one of a few social topics about which people are generally not indifferent. Much of the adult workforce in the United States has worked a minimum wage job at some point in their career, so we can easily relate to the challenges that face today’s minimum wage workers. This paper is not intended to solve the debate over minimum wage, nor will it attempt to persuade the reader in one direction or the other regarding what should be done concerning minimum wage. The pages that follow will present a brief history of the minimum wage debate in the United States, and then present some of the arguments offered by both sides of the debate. A Brief History of Minimum Wage Although New Zealand was the first country to formally enact minimum wage legislation in 1896,[i] the United States was one of the first major industrialized nations to set a national wage floor for their workers. For decades during the industrial revolution, workers in the United States endured work environments that consisted of long hours, dangerous working conditions, and low wages. Small movements to develop a national minimum wage by labor unions and activist groups were met with predictable resistance from business people, and ultimately struck down by the U. S. Supreme Court. [ii] Finally, in 1938 President Roosevelt and Congress passed the Fair Labor Standards Act. This act was intended to alleviate some of the poor working conditions that mostly women and young children were subject to. Additionally, this act imposed a federally mandated minimum wage of $0. 25 per hour, with some exceptions. [iii] There have been subsequent pieces of legislation that continue to address and improve workers’ rights since that time, focusing more on quality of life issues rather than eliminating abuses by employers. Additionally, individual states now have the right to enact their own minimum wage, so long as it is no lower than the federally mandated minimum wage. Since 1938, the national minimum wage has been raised 21 times, most recently in 2009, and is currently $7. 25 per hour. Today, more than 90% of countries in the world have some sort of wage floor for their work force. [iv] The Case for Minimum Wage Those in favor of a minimum wage argue that it increases the standard of living of workers and reduces poverty. [v] Those workers that are paid minimum wage are unskilled laborers, perhaps first entering the job market. Without any marketable skills, the worker needs some protection that they will be paid a fair rate that will enable them to be self-sufficient until such time that they have learned a skill or trade that will allow them to work their way up from the low wage jobs. Without a minimum wage, employers would have significantly more market power than the workers – a monopsony – and that could result in the intentional collusion between employers regarding the wage they will offer. [vi] Absent this protection, workers would be forced to accept the artificially low wages, resulting in a very low quality of life. Additionally, the argument can be made that paying a â€Å"livable† minimum wage incentivizes workers to not only get a job, but to work hard to keep that job. When minimum wages are significantly greater than payments received through a social welfare system, people are rewarded for their hard work. If a person could receive an amount close to what they would earn at minimum wage through the welfare system, what motivation would they have to work the minimum wage job? In contrast, if workers are paid an amount that is considerably more, they will find and keep work. This serves another purpose, to decrease the cost of government administered social welfare programs by getting people off of welfare and onto payrolls. Another common argument made by those in favor of the minimum wage is that it actually helps to stimulate spending, improving overall economic conditions. [vii] The theory behind this argument is that low wage earners typically spend everything they make. Whether on necessities or luxury items, minimum wage earners are likely to spend their entire paycheck. If there were an increase in the minimum wage, the people who would receive the pay increase would turn around and spend their new money. This would help to cover the costs of the increased wages as many businesses would see an almost immediate return through increased sales. While this argument seems to make sense, it must be clarified that no empirical evidence to support this claim could be found. Another argument made is that an increase in minimum wage helps to improve the work ethic of those who receive the increase. The implication is that if their employer is forced to give them a raise, they will be compelled to work harder to improve their efficiency and increase their productivity in return. Again, there is no evidence to either support or refute this claim, and opinions run strong regarding this argument. Perhaps the most basic and most often made argument in support of a national minimum wage law is that it is simply the correct thing to do, morally speaking. The idea that we should want to take care of each other and make sure that everyone made a comfortable wage is one of the most basic tenets of the philosophy of those who support it. Arguments against Minimum Wage Laws: On the other side of the argument are those who are opposed to increasing the minimum wage, as well as some who think it should be abolished altogether. Many businesspeople and economists are on this side of the debate, and they present some pretty compelling arguments. They argue that imposing an increase on the federally mandated minimum wage actually will do more economic harm than good. [viii] The main argument deals with the elasticity of demand regarding employment. A minimum wage increase actually reduces the quantity demanded of workers, either through a reduction in the number of hours worked by individuals, or through a reduction in the number of jobs. ix] Simply put, employers are likely not going to increase their salary budget, so if the hourly wages increase, then they must reduce the number of hours of work that they are paying for. This could result in the exact opposite impact of that which is intended. Those earning the minimum wage and are facing reduced hours or even being let go will find themselves much worse off as a result of an increase than leaving it at its current rate. Additionally, often the way out of e arning minimum wage is through skills learned through those minimum wage jobs. If there are fewer of these jobs as a result of the wage being higher, fewer people will be able to learn the skills needed to move up on a career path and break the cycle of poverty. Secondly, if employers are unwilling or unable to reduce the number of hours they pay their employees, they will simply attempt to make up the increased salary expense through increased prices. On a small scale, this may not have a large impact on the overall economy. When this is done on a large scale because many employers need to cover their increased costs, this is likely to lead to inflation. x] Higher salaries necessitate higher prices which will erode most if not all of the benefits of the increase in pay. The minimum wage workers will have the same buying power as before, but because of unnecessary inflation, the lower middle class will actually face the biggest impact because their wages will not have increased but their purchasing power will also have eroded. Another area that may be impacted by a mandated wage increase is training. As most workers who earn the minimum wage typically have little education and training, their biggest chance to work their way into a higher paying job is through on the job training. One part of an employer’s budget that could face cuts would be for providing training to employees. Often employers provide training to their employees that would help them advance in their career, but may not be completely necessary in their current position. Unnecessary expenses such as this will most likely be trimmed, resulting in fewer opportunities for the working poor. [xi] Perhaps the simplest argument is if a minimum wage worker is producing $4. 00 per hour worth of product, and then the federal minimum wage is raised to $5. 0, the employer must find a way to increase the workers marginal productivity or face operating loses due to underproductive employees. One final thought from opponents is that once all of the aforementioned arguments are considered, there are more effective ways of helping address the issue of poverty. The Earned Income Tax Credit is pointed to as a strong example of one of the more effective ideas, rather than putting the burden of poverty on em ployers, it is shifted to the government. [xii] Empirical Data: When considering both sides of this debate, it is important to realize who are the workers earning minimum wage, and what role they have in providing for their families. Of the 1. 9 million workers in the United States who were paid the minimum wage in 2005 (most recent information available), more than one half (53%) are between the ages of 16-24. These workers are most likely high school and college students, and most of them do not work a full time schedule. Two thirds are members of families who have a combined income of at least 2 or more times the official poverty level based on their family size. Less than 17 percent are the only wage earners in their families, and less than 6 percent are poor single mothers. [xiii] What does this information tell us? The most important thing is that an increase in the minimum wage would target a majority of people who may not be living in poverty and are otherwise not in need of direct assistance. The far-reaching effects of raising minimum wages across the board in order to get help to the approximately 22 percent of earners who are truly living in poverty seems to be at the least ineffective, and at worst it could epresent a terrible misstep in economic policy. It is difficult if not impossible to identify the jobs lost because of minimum wage, but it is very easy to identify the additional income for a minimum wage worker. This is often the first retort from minimum wage advocates in response to arguments made by the other side. Alison Wellington’s research found that a 10% increase in the minimum wage resulted in a 0. 6% decrease in teenage employment, with no effect on unemployment rates. [xiv] A study along the same lines by David Neumark and William Washer in 2008 found contrasting results. They concluded that minimum wage resulted in a reduction in employment opportunities for low skilled workers, it was most harmful to poverty-stricken families, and that it lowers the adult wages of young workers by reducing their ultimate level of education. [xv] There are countless studies on both sides of the issue, and each one only solidifies each side in their existing opinion. No matter what position one takes regarding the minimum wage debate, there are a multitude of studies available to support it. The seemingly obvious fact is that these small increases that are enacted every few years are never enough to truly make a difference in bringing a person or a family out of poverty. A fifty cent increase in the minimum wage results in about $20 more per week for a full time worker. In my estimation, it is quite unlikely that small amount is making the difference in a person or a family living in poverty and living comfortably. A study of PhD members of the American Economic Association found that 46. % of respondents wanted minimum wage completely eliminated while 37. 7% want the minimum wage increased. [xvi] Such division among even the most expert economists shows exactly how contentious this issue is, and that there is no black and white, right or wrong answer to solve the debate. Perhaps as time goes on and there is more historical data to review, there may be a more definitive answer regarding this debate. Until such time, both sides will most likely remain entrenched in their current position.

Monday, September 16, 2019

Labor Laws Essay

Short title, extent, commencement Definitions CHAPTER II – Apprentices and their Training 3. Qualifications for being engaged as an apprentice 3-A. Reservation of training places for the Scheduled Castes and the Scheduled Tribes in designated trades. 4. Contract of apprenticeship 5. Novation of contract of apprenticeship 6. Period of apprenticeship training 7. Termination of apprenticeship contract 8. Number of apprentices for a designated trade 9. Practical and basic training of apprentices 10. Related instruction of apprentices 11. Obligations of employers 1. The Act came into force on March 1, 1962 vide GSR 246, dated Feb. 12,1962 2. Published in Gazette of India, Pt. II, S. 1, dated December 30,1964. 3. Published in Gazette of India, Pt. II, S. 1, dated May 24, 1968 and came into force on August 15,1968. 4. Act 27 of 1973 came into force w. e. f. December 1, 1974 vide GSR 1293, dated November 1974 5. Act 41 of 1986 came into force w. e. f. December 16,1987 vide GSR 974(E), dated December 10, 1987 6. Act 4 of 1997 came into force w. e. f. January 8, 1997. 12. Obligations of apprentices 13. Payment to apprentices 14. Health, safety and welfare of apprentices. 15. Hours of work, overtime, leave and holidays 16. Employer’s liability for compensation for injury 17. Conduct and discipline 18. Apprentices are trainees and not workers 19. Records and returns 20. Settlement of disputes 21. Holding of test and grant of certificate and conclusion of training 22. Offer and acceptance of employment CHAPTER III – AUTHORITIES 23. Authorities 24. Constitution of Councils 25. Vacancies not to invalidate acts and proceedings 26. Apprenticeship Advisers 27. Deputy and Assistant Apprenticeship 28. Apprenticeship Advisers to be public servants 29. Powers of entry, inspection, etc. 30. Offences and penalties 31. Penalty where not specific penalty is provided 32. Offences by companies 33. Cognizance of offences 34. Delegation of powers 35. Construction of references 36. Protection of action taken in good faith 37. Power to make rule 38 (Repealed) THE SCHEDULE An Act to provide for the regulation and control of training of apprentices and for 7 [* * *] matters connected therewith. Be it enacted by Parliament in the Twelfth Year of the Republic of India as follows: Prefatory Note – The Act was introduced in the form of a bill on August 19,1961. For Statement of Objects and Reasons, see Gazette of India, Extra. , Part II, Section 2, dated August 19,1961. ________________________________________ 7. Omitted by Act 27 of 1973. CHAPTER – I PRELIMINARY 1. Short title, extent, commencement and application – (1) (2) (3) (4) 2. This Act may be called the Apprentices Act, 1961. It extends to the whole of India. [* * *]8 It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different States. The provisions of this Act shall not apply to – (a) any area or to any industry in any area unless the Central Government by notification in the Official Gazette specifies that area or industry as an area or industry to which the said provisions shall apply with effect from such date as may be mentioned in the notification: 9 (b) [ * * *] 10 (c) [any such special apprenticeship scheme for imparting training to apprentices as any be notified by the Central Government in the Official Gazette]. Definition In this Act, unless the context otherwise requires,11 [(a) â€Å"All  India Council† means the All India Council of Technical Education established by the resolution of the Government of India in the former Ministry of Education No. F. 16-10/44-E-III, dated the 30th November, 1945;)] 12 [(aa)]†apprentice† means a person who is undergoing apprenticeship training 13[* * *] in pursuance of a contract of apprenticeship; ____________________________________________ 8. Omitted by Act 25 of 1968. 9. Omitted by Act 27 of 1973. 10. Subs. by Act 27 of 1973. 11. The original clause (a) renumbered as clause (aa) and a clause (a) inserted by Act 27 of 1973. 12. The original clause (a) renumbered as clause (aa) and a clause (a) inserted by Act 27 of 1973. 13. Omitted by Act 27 of 1973 14 [(aaa)†apprenticeship training† means a course of training in any industry or establishment undergone in pursuance of a contract of apprenticeship and under prescribed terms and conditions which may be different for different categories of apprentices;] (b) â€Å"Apprenticeship Adviser† means the Central Apprenticeship Adviser appointed under sub-section (1) of Section 26 or the State. Apprenticeship Adviser appointed under sub-section (2) of that section; (c) â€Å"Apprenticeship Council† means the Central Apprenticeship Council or the State Apprenticeship Council established under sub-section (1) of Section 24; (d) â€Å"appropriate Government† means (1) in relation to (a) the Central Apprenticeship Council, or 15 [(aa) the Regional Boards, or (aaa) the practical training of graduate or technician apprentices or of technician (vocational) apprentices, or;] (b) any establishment of any railway, major port, mine or oilfield, or (c)  any establishment owned, controlled or managed by (i). The Central Government or a department of Central Government, (ii) a company in which not less than fifty-one per cent of the share capital is held by the Central Government on partly by that Government and partly by one or more State Governments, (iii) a corporation (including a co-operative society) established by or under a Central Act which is owned, controlled or managed by the Central Government; (2) in relation to (a) a State Apprenticeship Council, or (b) any establishment other than an establishment specified in  sub-clause (1) of this clause, the State Government; 16 [(dd). â€Å"Board or State Council of Technical Education† means the Board or State Council of Technical Education established by the State Government;] (e) â€Å"designated trade† 17[means any trade or occupation or any subject field in engineering or technology [or any vocational course]18 which the Central Government, after consultation with the Central Apprenticeship Council, may, by notification in the Official Gazette, specify as a designated trade for the purposes of this Act; __________________________________________ 14. Ins. by Act 27 of 1973. 15. Ins. by Act 27 of 1973 and subs. by Act 41 of 1986, S. 2(w. e. f. 16-12-1987) 16. Ins. by Act 27 of 1973. 17. Subs. by Act 27 of 1973. 18. Ins. by Act 41 of 1986, S. 2 (w. e. f. 16-12-1987). (f) (g) (h) (i) 20 [(j) (k) (l) â€Å"employer† means any person who employs one or more other persons to do any work in an establishment for remuneration and includes any person entrusted with the supervision and control of employees in such establishment; â€Å"establishment† includes any place where any industry is carried on; 19[and where an establishment consists of different departments or have branches, whether situated in the same place or at different places, all such departments or branches shall be treated as part of the establishments]; â€Å"establishment in private sector† means an establishment which is not an establishment in public sector; â€Å"establishment in private sector† means an establishment which is not led or managed by (1) the Government or a department of the Government; (2) A Government company as defined in Section 617 of the  Companies Act, 1956 (1 of 1956); (3) a corporation (including a co-operative society) established by or under a Central, Provincial or State Act, which is owned, controlled or managed by the Government; (4) a local authority; â€Å"graduate or technician apprentice† means an apprentice who holds, or is undergoing training in order that he may hold a degree or diploma in engineering or technology or equivalent qualification granted by any institution recognised by the Government and undergoes apprenticeship training in any such subject field in engineering or technology as may be prescribed; â€Å"industry† means any industry or business in which any trade, occupation or subject field in engineering or technology [or any vocational course]21 may be specified as a designated trade;] â€Å"National Council† means the National Council for Training in Vocational Trades established by the resolution of the Government of India in the Ministry of Labour (Directorate General of Resettlement and Employment ) No. TR/E. P. – 24/56, dated the 21st August 1956 22[ and re-named as the National Council for Vocational Training by the resolution of the Government of India in the Ministry of Labour (Directorate  General of Employment and Training) No. DGET/12/21/80-TC, dated the 30th September, 1981;] _________________________________________ 19. Ins. by Act 4 of 1997 20. Subs. by Act 27 of 1973. 21. Ins. by Act 41 of 1986, S. 2 (w. e. f. 16-12-1987) 22. Ins. by Act 41 of 1986, S. 2 (w. e. f. 16-12-1987) (m) 23 â€Å"prescribed† means prescribed by the rules made under this Act; [(mm)†Regional Board† means any board of Apprenticeship Training registered under the Societies Registration Act, 1860 (21 of 1860), at Bombay, Calcutta, Madras or Kanpur;] (n) â€Å"State† includes a Union Territory; (o) â€Å"State Council† means a State Council for Training in Vocational Trades established by the State Government; (p) â€Å"State Government† in relation to a Union Territory, means the Administrator thereof; 24 [(pp) â€Å"Technician (vocational) apprentice† means an apprentice who holds or is undergoing training in order that he may hold a certificate in vocational course involving two years of study after the completion of the secondary stage of school education recognised by the All-India Council and undergoes apprenticeship training in such subject field in any vocational course as may be prescribed; ] 25 [(q) â€Å"trade apprentice† means an apprentice who undergoes apprenticeship training in any such trade or occupation as may be prescribed;] 26 [(r) â€Å"worker† means any persons who is employed for wages in any kind of work and who gets his wages directly from the employer but shall not include an apprentice referred to in clause(aa). ] ________________________________________ 23. Ins. by Act 27 of 1973. 24. Ins. by Act 41 of 1986, S. 2 (w. e. f. 16-12-1987) 25. Ins. by Act 27 of 1973. 26. Ins. by Act 4 of 1997. CHAPTER – II APPRENTICES AND THEIR TRAINING 3. Qualifications for being engaged as an apprentice A person shall not be qualified for being engaged as an apprentice to undergo apprenticeship training in any designated trade, unless he(a) is not less than fourteen years of age, and (b) satisfies such standards of education and physical fitness as may be prescribed: Provided that different standards may be prescribed in relation to apprenticeship training in different designated trades 27[and for different categories of apprentices]. 28 [3-A. Reservation of training places for the Scheduled Castes and the Scheduled Tribes in designated trades – (1). (2) in every designated trade, training places shall be reserved by the employer for the Scheduled Castes and the Scheduled Tribes 29[ and where there is more than one designated trade in an establishment, such training places shall be reserved also on the basis of the total number of apprentices in all the designated trades in such establishment ]. the number of training places to be reserved for the Scheduled Castes and the Scheduled Tribes under sub-section (1) shall be such as may be prescribed, having regard to the population of the Scheduled Castes and the Scheduled Tribes in the State concerned. Explanation- In this section, the expressions â€Å"Scheduled Castes† and â€Å"Scheduled Tribes† shall have the meanings as in clauses (24) and (25) of Article 366 of the Constitution]. 30 [4. Contract of apprenticeship (1) No person shall be engaged as an apprentice to undergo apprenticeship training in a designated trade unless such person or, if he is minor, his guardian has entered into a contract of apprenticeship with the employer. (2) The apprenticeship training shall be deemed to have commenced on the date on which the contract of apprenticeship has been entered into under sub-section (1). _________________________________________ 27. Ins. by Act 27 of 1973. 28. Ins. by Act 27 0f 1973. 29. Ins. by Act 41 of 1986 (w. e. f. 16-12-1987) 30. Subs. by Act 27 of 1973. (3) Every contract of apprenticeship may contain such terms and conditions as may be agreed to by the parties to the contract: Provided that no such term or condition shall be inconsistent with any provision of this Act or any rule made thereunder. (4) (5) (6) 5. Every contract of apprenticeship entered into under sub-section (1) shall be sent by the employer within such period as may be prescribed to the Apprenticeship Adviser for registration. The Apprenticeship Adviser shall not register a contract of apprenticeship unless he is satisfied that the person described as an apprentice in the contract is qualified under this Act for being engaged as an apprentice to  undergo apprenticeship training in the designated trade specified in the contract. Where the Central Government, after consulting the Central Apprenticeship Council, makes any rule varying the terms and conditions of apprenticeship training of any category of apprentices undergoing such training, then, the terms and conditions of every contract of apprenticeship relating to that category of apprentices and subsisting immediately before the making of such rule shall be deemed to have been modified accordingly. ] Novation of contracts of apprenticeship Where an employer with whom a contract of apprenticeship has been entered into, is for any reason unable to fulfil his obligations under the contract and with the approval of the Apprenticeship Adviser it is agreed between the employer, the apprentice or his guardian and any other employer that the apprentice shall be engaged as apprentice under the other employer for the un-expired portion of the period of apprenticeship training, the agreement, on registration with the Apprenticeship. Adviser, shall be deemed to be the contract of apprenticeship between the apprentice or his guardian and other employer, and on and from the date of such registration, the contract of apprenticeship with the first employer shall terminate and no obligation under the contract shall be enforceable at the instance of any party to the contract against the other party thereto. 6. Period of apprenticeship training – The period of apprenticeship training, which shall be specified in the contract of apprenticeship, shall be as follows(a) In the case of 31[trade apprentices] who, having undergone institutional training in a school or other institution recognised by the National Council, have passed the trade tests 32[or examinations] conducted by 33 [that Council or by an institution recognised by that Council], the period of apprenticeship training shall be such as may be determined by that Council; _______________________________________ 31. Subs. by Act 27 of 1973. 32. Ins. by Act 41 of 1986 (w. e. f. 16-12-1987) 33. Subs. by Act 27 of 1973. 34. [(aa) in case of trade apprentices who, having undergone institutional training in a school or other institution affiliated to or recognised by a Board or State Council of Technical Education or any other authority which the Central Government may, by notification in the official gazette specify in this behalf, have passed the trade tests 35[ or examinations] conducted by that Board or State Council or authority, the period of apprenticeship training shall be such as may be prescribed;] (b) in the case of other 36[trade apprentices], the period of apprenticeship training shall be such as may be prescribed; 37 [(c) in the case of graduate or technician apprentices, [technician (vocational) apprentices]38 and the period of apprenticeship training shall be such as may be prescribed. ] 7. Termination of apprenticeship contract (1) The contract of apprenticeship shall terminate on the expiry of the period of apprenticeship training. (2) Either party to a contract of apprenticeship may make an application to the Apprenticeship Adviser for the termination of the contract, and when such application is made, shall send by post a copy thereto to the other party to the contract. (3) After considering the contents of the application and the objections, if any, filed by the other party, the Apprenticeship Adviser may, by order in writing, terminate the contract, if he is satisfied that the parties to the contract or any of them have or has failed to carry out the terms and conditions of the contract and it is desirable in the interests of the parties or any of them to terminate the same: 39. [(4) Notwithstanding anything contained in any other provision of this Act, where a contract of apprenticeship has been terminated by the Apprenticeship Adviser before the expiry of the period of apprenticeship training and a new contract of apprenticeship is being entered into with a employer, the Apprenticeship Adviser may, if he satisfied that the contract of apprenticeship with the previous employer could not be completed because of any lapse on the part of the previous employer, permit the period of apprenticeship training already undergone by the apprentice with his previous employer to be included in the period of apprenticeship training to be undertaken with the new employer. ] ____________________________________________ 34. Ins. by Act 27 of 1973. 35. Ins. by Act 41 of 1986 (w. e. f. 16-12-1987) 36. Subs. by Act 27 of 1973. 37. Ins. by Act 27 of 1973. 38. Ins. by Act 41 of 1986. 39. Ins. by Act 4 of 1997. (a) (b) 8. Provided that where a contract is terminatedfor failure on the part of the employer to carry out the terms and conditions of the contract, the employer shall pay to the apprentice such compensation as may prescribed; for such failure on the part of the apprentice, the apprentice or his guardian shall refund to the employer as cost of training such amount as may be determined by the Apprenticeship Adviser. Number of apprentices for a designated trade 40 [(1) the Central Government shall, after consulting the Central Apprenticeship Council, by order notified in the Official Gazette, determine for each designated trade the ratio or trade apprentices to workers other than unskilled workers in that trade: Provided that nothing contained in this sub-section shall be deemed to prevent any employer from engaging a number of trade apprentices in excess of the ratio determined under this sub-section. (2) 3) in determining the ratio under sub-section (1), the Central Government shall have regard to the facilities available for apprenticeship training under this Act in the designated trade concerned as well as to the facilities that may have to be made available by an employer for the training of graduate or technician apprentices [technician (vocational) apprentices]41, if any, in pursuance of any notice issued to him under sub-section (3-A) by the Central Apprenticeship Adviser or such other person as is referred to in that sub-section. the Apprenticeship Adviser may, by notice in writing, require an employer to engage such number of trade apprentices within the ratio determined by the Central Government for any designated trade in his establishment, to undergo apprenticeship training in that trade and the employer shall comply with such requisition: Provided, that in making any requisition under this sub-section, the Apprenticeship Adviser shall have regard to the facilities actually available in the establishment concerned. _______________________________________________________ 40. 41. Sub-Sections (1), (2), (3) and (3-A), subs. by Act 27 of 1973 Ins. by Act 41 of 1986 (w. e. f. 16-12-1987). 42 [Provided further that the Apprenticeship Adviser may, on  a representation made to him by an employer and keeping in view the more realistic employment potential, training facilities and other relevant factors, permit him to engage such a number of apprentices for a designated trade as is lesser than a number arrived at by the ratio for that trade, not being lesser than twenty per cent of the number so arrived at, subject to the condition that the employer shall engage apprentices in other trades in excess in number equivalent to such shortfall. ] (3-A) the Central Apprenticeship Adviser or any other person not below the rank of an Assistant Apprenticeship Adviser authorised by the Central Apprenticeship Adviser in writing in this behalf shall, having regard to(i) the number of managerial persons (including technical and supervisory persons) employed in a designated trade; (ii) the number of management trainees engaged in the establishment; (iii) The totality of the training facilities available in a designated trade; and (iv)  such other factors as he may consider fit in the circumstances of the case, by notice in writing, require an employer to impart training to such number of graduate or technician apprentices [technician (vocational) apprentices]43, in such trade in his establishment as may be specified in such notice and the employer shall comply with such requisition. Explanation – In this sub-section the expression â€Å"management trainee† means a person who is engaged by an employer for undergoing a course of training in the establishment of the employer ( not being apprenticeship training under this Act) subject to the condition that on successful completion of such training, such person shall be employed by the employer on a regular basis. ] (4) Several employers may join together for the purpose of providing practical training to the apprentices under them by moving them between their respective establishments. (5) Where, having regard to the public interest, a number of apprentices in excess of the ratio determined by the Central Government 44[ or in excess of the number specified in a notice issued under sub-section (3-A)] should, in the opinion of the appropriate Government be trained, the appropriate Government may require employers to train the additional number of apprentices. (6) Every employer to whom such requisition as aforesaid is made, shall comply with the requisition if the Government concerned makes available such additional facilities and such additional financial assistance as are considered necessary by the Apprenticeship Adviser for the training of the additional number of apprentices. __________________________________________ 42. Ins. by Act 4 of 1997. 43. Ins. by Act 41 of 1986 (w. e. f. 16-12-1987) 44. Ins. by Act 27 of 1973. (7) 9. Any employer not satisfied with the decision of the Apprenticeship Adviser under sub-section (6), may make a reference to the Central Apprenticeship Council and such reference shall be decided by a Committee thereof appointed by that Council for the purpose and the decision of that Committee shall be final. Practical and basic training of apprentices(1) Every employer shall make suitable arrangements in his workshop for imparting a course of practical training to every apprentice engaged by him in accordance with the programme approved by the Apprenticeship Adviser. 45. [(2) The Central Apprenticeship Adviser or any other person not below the rank of an Assistant Apprenticeship Adviser authorised by the State Apprenticeship Adviser in writing in this behalf] shall be given all reasonable facilities for access to each such apprentice with a view to test his work and to ensure that the practical training is being imparted in accordance with the approved programme: Provided that 46[the State Apprenticeship Adviser or any other person not below the rank of an Apprenticeship Adviser authorised by the State Apprenticeship Adviser in writing in this behalf] shall also be given such facilities in respect of apprentices undergoing training in establishments in relation to which the appropriate Government is the State Government. 47. [(3) Such of the trade apprentices as have got undergone institutional training in a school or other institution recognised by the National Council or any other institution affiliated to or recognised by a Board or State Council of Technical Education or any other authority which the Central Government may, by notification in the Official Gazette, specify in this behalf, shall, before admission in the workshop for practical training, undergo a course of basic training. ] (3) Where an employer employs in his establishment five hundred or more workers, the basic training shall be imparted to 48[the trade apprentices] either in separate parts of the workshop building or in a separate building which shall be set up by the employer himself, but the appropriate Government may grant loans to the employer on easy terms and repayable by easy installments to meet the cost of the land, construction and equipment for such separate building. __________________________________________ 45. Subs. by Act 27 of 1973. 46. Subs. by Act 27 of 1973. 47. Subs. by Act 27 of 1973. 48. Ins. by Act 27 of 1973. 49. [(4-A)Notwithstanding anything contained in sub-section (4), if the number of apprentices to be trained at any time in any establishment in which five hundred or more workers are employed, is less than twelve the employer in relation to such establishment may depute all or any of such apprentices to any Basic Training Centre or Industrial Training Institute for basic training in any designated trade, in either case, run by the Government. (4-B). Where an employer deputes any apprentice under sub-section (4-A), such employer shall pay to the Government the expenses incurred by the Government on such training, at such rate as may be specified by the Central Government . ] (5) Where an employer employs in his establishment less than five hundred workers, the basic training shall be imparted to 50[the trade apprentices] in training institutes set by the Government. (6). In any such training institute, which shall be located within the premises of the most suitable establishment in the locality or at any other convenient place 51[ the trade apprentices]engaged by two or more employers may be imparted basic training. 52 (7) [In case of an apprentice other than a graduate or technician apprentice, [technician (vocational) apprentice]53 the syllabus of], and the equipment to be utilised for, practical training including basic training shall be such as may be approved by the Central Government in consultation with the Central Apprenticeship Council. 54 (7-A) In case of graduate or technician apprentices [technician (vocational) apprentices]55 the programme of apprenticeship training and the  facilities required for such training in any subject field in engineering or technology [or vocational course]56 shall be such as may be approved by the Central Government in consultation with the Central Apprenticeship Council. ] (8) (a) Recurring costs (including the cost of stipends) incurred by an employer in connection with 57[basic training]. 58, imparted to trade apprentices other than those referred to in clauses (a) and (aa) ] of Section 6 shall be borne(i) If such employer employs 59[two hundred and fifty] workers or more, by the employer; (ii) If such employer employs less than 60[two hundred and fifty] workers, by the employer and the Government in equal shares up to such limit as may be laid down by the Central Government and beyond that limit, by the employer alone; and _______________________________________ 49. Ins. by Act 27 of 1973. 50. Subs. by Act 27 of 1973. 51. Subs. by Act 27 of 1973. 52. Subs. by Act 27 of 1973. 53. Ins. by Act 41 of 1986 (w. e. f. 16-12-1987). 54. Ins. by Act 27 of 1973. 55. Ins. by Act 41 of 1986 (w. e. f. 16-12-1987) 56. Ins. by Act 41 of 1986 ( w. e. f. 16-12-1987) 57. Subs. by Act 27 of 1973. 58. Subs. by Act 4 of 1997. 59. Subs. by Act 4 of 1997. 60. Subs. by Act 4 of 1997. (b) recurring costs (including the cost of stipends), if any, incurred by an employer in connection with 61[practical training, including basic training, imparted to trade apprentices referred to in clauses (a) and (aa)] of Section 6 shall, in every case, be borne by the employer. 62. [(c) recurring costs (excluding the cost of stipends) incurred by an employer in connection with the practical training imparted to graduate or technician apprentices [technician (vocational) apprentices]63 shall be borne by the employer and the cost of stipends shall be borne by the Central Government and the employer in equal shares up to such limit as may be laid down by the Central Government and beyond that limit, by the employer alone. ] 10. Related instruction of apprentices(1) 64 [A trade apprentice] who is undergoing practical training in an establishment shall, during the period of practical training, be given a course of related instruction ( which shall be appropriate to the trade) approved by the Central Government in consultation with the Central Apprenticeship Council, with a view to giving 65[the trade apprentice] such theoretical knowledge as he needs in order to become fully qualified as a skilled craftsman. (2) Related instruction shall be imparted at the cost of the appropriate Government but the employer shall, when so required, afford all facilities for imparting such instruction. (3) Any time spend by 66[a trade apprentice] in attending classes on related instruction shall be treated as part of his paid period of work. 67 [(4). In case of trade apprentices who, after having undergone a course of institutional training, have passed the trade tests conducted by the National Council or have passed the trade tests and examinations conducted by a Board or State Council of Technical Education or any other authority which the Central Government may, by notification in the Official Gazette, specify in this behalf, the related instruction may be given on such reduced or modified scale as may be prescribed. (5). Where any person has, during his course in technical institution, become a graduate or technician apprentice, 68[technician (vocational) apprentice] and during his apprenticeship training he has to receive related instruction, then, the employer shall release such person from practical training to receive the related instruction in such institution, for such period as may be specified by the Central Apprenticeship Adviser or by any other person not below the rank of an Assistant Apprenticeship Adviser authorised by the Central Apprenticeship Adviser in writing in this behalf. ] _________________________________________ 61. Sub. by Act 27 of 1973. 62. Ins. by Act 27 of 1973. 63. Ins. by Act 41 of 1986 ( w. e. f. 16-12-1987) 64. Subs. by Act 27 of 1973. 65. Subs. by Act 27 of 1973. 66. Subs. by Act 27 of 1973. 67. Ins. by Act 27 of 1973. 68. Ins. by Act 41 of 1986 (w. e. f. 16-12-1987). 11. Obligation of employers Without prejudice to the other provisions of this Act, every employer shall have the following obligations in relation to an apprentice, namely(a) to provide the apprentice with the training in his trade in accordance with the provisions of this Act, and the rules made thereunder; (b)  if the employer is not himself qualified in the trade, to ensure that a person 69[who possesses the prescribed qualifications] is placed in charge of the training of the apprentice; [ * * *]70 71 [(bb) to provide adequate instructional staff, possessing such qualifications as may be prescribed, for imparting practical and theoretical training and facilities for trade test of apprentices; and ] (c) to carry out his obligations under the contract of apprenticeship. 12. Obligations of apprentices72 74 [(1) 73 [Every trade apprentice] undergoing apprenticeship training shall have the following obligations, namely:(a) to learn his trade conscientiously and diligently and endeavour to qualify himself as a skilled craftsman before the expiry of the period of training; (b)  to attend practical and instructional classes regularly; (c) to carry out all lawful orders of his employer and superiors in the establishments; and (d) to carry out his obligations under the contract of apprenticeship. [(2) Every graduate or technician apprentice [technician (vocational) apprentice]75 undergoing apprenticeship training shall have the following obligations namely:(a) to learn his subject field in engineering or technology [or vocational course]76 conscientiously and diligently at his place of training; (b) to attend the practical and instructional classes regularly; (c) to carry out all lawful orders of his employers and superiors in the establis.