BUSS 30001 Business Law

The following LOs are achieved by the student by completing the assignment successfully

 

1) Use appropriate sources for general legal analysis by identifying information, legal issues and reaching conclusions based on analysis.

2) Evaluate the concept of ethics and CSR and employ them in business practices and transactions.

The aim and the objective of assignment to test the level of understanding of the module with respect to the given learning outcomes and also measure the learning thorough assessing the questions given in the cases study of the assignment.

1. Understanding of deliverables – a detail description of deliverables.

2. General overview of proposed plan - initial understanding of solution to task2.

3. Timeline for completion of the given tasks.

4. The work proposal must be submitted in a word file through the link available in Moodle. (10 Marks, word count: 100 words).

The employer is prohibited from bringing forward non-Omani workers unless he has obtained a permit from the Ministry. The employer shall not let any non-Omani worker authorized to work for him to work any other employer. Employ any worker authorized to work for another employer or residing in the Sultanate illegally. Employ any non-Omani worker in any Omanized occupation. The Omani worker shall only work for the employer authorized to employ him.

 

A decision by the minister shall define the procedures and regulations the employer shall be committed to with respect to notification of expatriate employee’s leaving work and the penalties for non-compliance with the decision. No person shall be allowed to practice the activity of providing foreign workers without obtaining a license to that effect from the Ministry, and an employer is prohibited from contracting with any person for the provision of foreign workers unless such person has a license for that purpose.

 

A decision of the Minister shall specify the conditions which are prerequisite for granting a license, the rights and duties of the licensee, the conditions and particulars which must be available in the contract entered into between the employer and the licensee and particularly the contract shall be written and contains the type of work, categories and wages of the workers according to the job or profession of each one of them, and the obligation of the licensee to send the worker back to the place where he has been brought from for work it is evident that he does not satisfy the conditions provided for by the contract. Neither the employer nor the person licensed to provide foreign workers shall charge the worker any sums in consideration of his employment.

It is prohibited to employ both male and female juveniles. Such juveniles are not permitted to enter places of work before attaining the age of fifteen. Juveniles whose ages are below 18 shall not be required to work between 6.00 p.m. and 6 a.m., nor shall they be required to work for more than six hours a day. Such juveniles shall not stay in the place of work for more than seven consecutive hours and there must be, within the work hours, one or more periods for rest and meals which shall not be less than one hour in
total. Such period or periods must be fixed so that they will not work for more than four consecutive hours.

 

In all cases it is not permissible, to require juveniles to perform overtime work or keep them in the place of work after the prescribed time nor shall they be required to work on days of rest or official holidays. Juvenile employees who are less than eighteen years of age shall not be required to work between 6 pm and 6 am nor shall they be required to do actual work for a period exceeding six hours a day. Juvenile employees shall not be caused to stay in the work place for more than seven continuous hours and the working hours shall be separated by one or more intervals for rest and meal taking the total of which shall not be les than one hour. Such interval or intervals shall be specified in such manner as to ensure that they do not work for more than four continuous hours.

The laborers have the right of peaceful strike of work at the establishment for the purpose of improving work conditions and circumstances. The labor union concerned shall notify the employer in writing of the employees' intention to go on strike three weeks, at least, prior to the date fixed for such strike. The notification must state the reasons of the strike and the claims of the employees. The labor union must provide the Ministry or any of its directorates in the governorates or regions with a copy of such
notification. The strike or the call for it shall be banned in an establishment which renders public or basic services to the public.

 

The strike period shall be calculated as leave without salary. The strike must be ended as soon as the parties agree to start the procedures for collective labor dispute settlement according to the provisions of The Ministry, upon its notification of the strike or closure, shall embark on forming a committee by agreement between the employer and the employees to end the strike or closure
and settle the underlying dispute. In case they reach an agreement, it shall be recorded and signed by all its parties.

 

A copy thereof shall be deposited with the Ministry; and if no agreement is reached within four weeks from the submission of the dispute to such committee, the dispute shall be referred to the competent court.

Employees of high integrity do not necessarily share the same ethical points of view. each person develops a unique ethical point of view, a perspective shaped by parents, siblings, friends, teachers, religious leaders, political leaders, other moral role models, and culture. An ethical dilemma arises because situations are ambiguous, and two people of high integrity might disagree on the best ethical response.

Therefore, an organization’s code of ethics minimizes ethical ambiguities by communicating guidelines for employees to apply when making decisions. The general principles embodied in a Code of Ethics such as respecting all owners, customers, employees, suppliers, community members, and the natural environment. The growth of a business is dependent upon ethical practices performed by the businessman. Business custom differs from one business to another. If a custom is adopted and accepted by businessman and public, that custom will become an ethics.

The concept of "corporate social responsibility" has become pervasive enough that it has earned its own acronym in business circles: CSR. The term means that a corporation should be accountable to a community, as well as to shareholders, for its actions and operations. When a corporation adopts a CSR policy, it aims to demonstrate a goal of upholding ethical values, as well as respecting people, communities and the environment. The corporation undertakes to monitor its compliance with its stated CSR policy and report this with the same frequency that it reports its financial results.

 

A CSR policy improves company profitability and value. The introduction of energy efficiencies and waste recycling cuts operational costs and benefits the environment. CSR also increases company accountability and its transparency with investment analysts and the media, shareholders and local communities. This in turn enhances its reputation among investors such as mutual funds that integrate CSR into their stock selection. The result is a virtuous circle where the company's stock value increases and its access to
investment capital is eased. (Source: Oman labour law, allied journals).

Explain in detail about when a foreign worker can be employed? And under what circumstances the foreign worker employment contract can be terminated. (20 Marks, word count: 300 words).

Under what circumstances a juvenile worker is employed and what are the restrictions and penalties imposed on the employer for posting juvenile worker on unauthorized work. (20 Marks, word count: 300 words).

What is peaceful strike? Explain the procedure to be followed for going on strike in Oman. (20 Marks, word count: 300 words).

Explain the role of corporate social responsibility (CSR) and ethical business practices in the progress of business and wellbeing of society. (20 Marks, word count: 300 words).

Write a brief reflective report on MOOC course on any topic pertaining to Business law domain, highlighting your learning from the course, benefits and the challenges if any along with proof of the participation of the course.