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Taking the edge of ostracism – a slow death: from socio-legal perspective 从社会法律角度看排斥的边缘--缓慢的死亡
IF 1.5 Q1 LAW Pub Date : 2024-02-26 DOI: 10.1108/ijlma-01-2024-0011
Swati Chaudhury, Aditi Gupta, Kiran Nair, Apoorva Vats, Ranjan Chaudhuri, Zahid Hussain, Sheshadri Chatterjee

Purpose

First, with real-life examples and current research, this study aims to demonstrate the existence of various forms of ostracism (linguistic, gender, social and workplace). Second, following the “need-threat model,” this research addresses the previously unaddressed topic of coping with, reducing, mitigating or curbing workplace ostracism. Moreover, the researchers also proposed a “multiplying effect model” of ostracism.

Design/methodology/approach

Data was gathered from 199 service sector employees. The NVivo software is used for the thematic analysis of qualitative data(suggestions) gathered using open ended question on how to mitigate/reduce/curb ostracism.

Findings

The results generated were the suggestive measures, which were further categorized under three major themes: individual, society and organizational. The measures to reduce, mitigate and stop the practices of workplace ostracism can be initiated on all these three levels.

Originality/value

This is the only study that addresses the subject of decreasing, alleviating or eliminating workplace ostracism and explains the compounding effect of ostracism by suggesting a multiplying effect model. The study will pique the interest of the government and legislators to propose legal measures to prevent ostracism and achieve sustainable development goals (gender equality and reduced inequalities. The study’s practical, social, theoretical and managerial utility are discussed in the implications section.

目的首先,本研究通过现实生活中的例子和当前的研究,旨在证明存在各种形式的排斥(语言、性别、社会和工作场所)。其次,根据 "需求-威胁模型",本研究探讨了应对、减少、缓解或遏制职场排斥这一以往未曾涉及的话题。此外,研究人员还提出了排斥的 "乘数效应模型"。使用 NVivo 软件对收集到的定性数据(建议)进行了专题分析,并使用开放式问题来询问如何缓解/减少/遏制排斥现象。研究结果研究结果是建议性措施,这些措施被进一步归类为三大主题:个人、社会和组织。原创性/价值这是唯一一项针对减少、缓解或消除工作场所排斥现象的研究,并通过提出一个乘法效应模型解释了排斥现象的复合效应。这项研究将激发政府和立法者的兴趣,提出法律措施,防止排斥现象,实现可持续发展目标(性别平等和减少不平等)。本研究在实践、社会、理论和管理方面的实用性将在影响部分进行讨论。
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引用次数: 0
Development and implementation of medication-related clinical rules for obstetrics, gynaecology, and paediatric outpatients. 为产科、妇科和儿科门诊病人制定和实施与用药相关的临床规则。
Q1 LAW Pub Date : 2024-02-22 DOI: 10.1136/ejhpharm-2021-003170
Quanyao Chen, Luwei Wang, Min Lin, Weida Chen, Wen Wu, Yao Chen

Objectives: Prescription errors can cause serious adverse drug events. Clinical decision support systems prevent prescription errors; however, real-time clinical rules in obstetrics, gynaecology, and paediatric outpatients remain unexplored. We evaluated the effects of localised, real-time clinical rules on alert rates and acceptance rates compared with manual prescription review.

Methods: We developed real-time clinical rules that incorporate information systems to obtain characteristic information and laboratory values. We conducted a retrospective cohort study to compare the alert and recommendation acceptance rates of all prescription error types before and after clinical rule implementation in obstetrics, gynaecology, and paediatrics. Clinical rules, prescription error types, and alerts were determined by a prescribing review committee comprising physicians, pharmacists, nurses, and administrators. The difference in alert and acceptance rates between the groups was analysed using relative risk.

Results: The number of alerts increased after clinical rules implementation; the number of on-duty pharmacists for review decreased from 10 to 2. Compared with those with manual review, the alert rates for paediatrics and obstetrics and gynaecology increased with the clinical rules by 3.97- and 11.26-fold, respectively, and the alert rates for drug-drug interactions (DDIs) and combined medication errors in obstetrics and gynaecology increased with the clinical rules by 26.10- and 26.54-fold, respectively. In paediatrics, the alert rate for all prescription error types was higher with the clinical rules review than with the manual review; the alert rates for DDI, dosage, and combination medication errors were significantly different between the clinical rules and the manual review. However, there was no difference in the recommendation acceptance rate between the manual review and the clinical rules.

Conclusions: Clinical rules can identify prescription errors that manual review cannot detect and ensure real-time review efficiency in high-volume outpatient prescription settings. The high acceptance rate and modification of prescriptions may be relevant to highly customised and localised clinical rules.

目标:处方错误可导致严重的药物不良事件。临床决策支持系统可防止处方错误;然而,产科、妇科和儿科门诊病人的实时临床规则仍有待探索。与人工处方审核相比,我们评估了本地化实时临床规则对警报率和接受率的影响:方法:我们开发了实时临床规则,该规则结合信息系统获取特征信息和实验室值。我们进行了一项回顾性队列研究,比较了在产科、妇科和儿科实施临床规则前后所有处方错误类型的警报率和建议接受率。临床规则、处方错误类型和警报由医生、药剂师、护士和管理人员组成的处方审查委员会确定。采用相对风险分析了两组之间警报率和接受率的差异:与人工审核相比,儿科和妇产科的警示率随着临床规则的实施分别增加了 3.97 倍和 11.26 倍,药物相互作用(DDI)和妇产科合并用药错误的警示率随着临床规则的实施分别增加了 26.10 倍和 26.54 倍。在儿科,所有处方错误类型的警报率在临床规则审查中都高于人工审查;DDI、剂量和合并用药错误的警报率在临床规则审查和人工审查中存在显著差异。但是,人工审核和临床规则审核的建议接受率没有差异:结论:临床规则可以识别人工审核无法发现的处方错误,并确保在门诊处方量大的情况下实时审核的效率。处方的高接受率和修改率可能与高度定制化和本地化的临床规则有关。
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引用次数: 0
Intellectual capital efficiency: the missing piece to your corporate governance and profitability puzzle 知识资本效率:公司治理和盈利难题中缺失的一环
IF 1.5 Q1 LAW Pub Date : 2024-02-20 DOI: 10.1108/ijlma-09-2023-0205
Misal Ijaz, Abeera Zarrar, Farah Naz

Purpose

The purpose of this study is to evaluate the synergy of corporate governance (CG) with intellectual capital (IC) and to assess the moderating effect of profitability indicator on the aforementioned synergy using agency theory, resource-based view theory and theory of financial ratios as conceptual frameworks.

Design/methodology/approach

The sample includes 72 companies with a six-year data set drawn from the KSE 100 Index companies of Pakistan. In addition, the study adopts Pulic’s model to compute the efficiency of IC. The research uses fixed-effect panel regression for analysis and two-stage least squares regression (2SLS) to address endogeneity issues in the estimation process.

Findings

The results showcased that chief executive officer duality possesses negligible impact on IC efficiency (ICE), while independent directors, audit committees and board size tend to attain a strong association with IC. Moreover, it postulates that the moderation of return on equity strengthens the path between all governance components and ICE significantly.

Originality/value

The research uses a 2SLS regression analysis to explore how CG practices take hold on the effectiveness of IC in Pakistan while taking into account the moderating impact of profitability. The findings add to the body of knowledge on the value that strong governance practices have on businesses and society.

本研究的目的是以代理理论、资源观理论和财务比率理论为概念框架,评估公司治理(CG)与知识资本(IC)的协同作用,并评估盈利能力指标对上述协同作用的调节作用。此外,研究还采用了普利克模型来计算集成电路的效率。研究结果表明,首席执行官双重性对集成电路效率(ICE)的影响微乎其微,而独立董事、审计委员会和董事会规模往往与集成电路有密切联系。此外,研究还推测,股本回报率的调节作用会显著加强所有治理要素与 ICE 之间的关系。原创性/价值该研究采用 2SLS 回归分析,探讨了企业管治实践如何影响巴基斯坦 IC 的有效性,同时考虑了盈利能力的调节作用。研究结果丰富了关于强有力的治理实践对企业和社会的价值的知识体系。
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引用次数: 0
Enhancing creditor decision-making in South African business rescue proceedings: a comprehensive analysis of information requirements in business rescue plans 加强南非企业拯救程序中的债权人决策:全面分析企业拯救计划中的信息要求
IF 1.5 Q1 LAW Pub Date : 2024-02-19 DOI: 10.1108/ijlma-10-2023-0234
Mamekwa Katlego Kekana, Marius Pretorius, Nicole Varela Aguiar De Abreu

Purpose

Business rescue, as a mechanism to aid financially distressed companies in South Africa, has received considerable academic and practical recognition. However, the business rescue plan is an overlooked and, perhaps, underdeveloped aspect of the regime. For stakeholders, this is the ultimate decision-making document. Creditors are the most influential stakeholders in business rescue proceedings owing to their voting rights. For creditors to make informed decisions and exercise their votes meaningfully, the business rescue plan should be transparent and adequately disclose relevant and reliable information. This study aims to identify creditors’ primary information needs to enhance the sufficiency and decision-usefulness of business rescue plans, not only to entice the vote of creditors but to enforce accountability from practitioners.

Design/methodology/approach

Using a qualitative research design, semi-structured interviews were conducted with 14 executives from 10 South African financial institutions.

Findings

The findings reveal that comprehensive disclosure of financial, commercial and legal information in business rescue plans was a critical antecedent for stakeholder decision-making. Additionally, leadership and social impact information were influential determinants. This study advances academic knowledge and, for practitioners, adds value to the development of business rescue plans. This can enhance creditors' confidence in supporting the rescue effort and approving the plan.

Practical implications

This study advances academic knowledge and, for practitioners, adds value to the development of business rescue plans. This can enhance creditors' confidence in supporting the rescue effort and approving the plan.

Originality/value

The originality of this article lies in its investigation of how creditors assess the information in BR plans as a precursor to supporting the company’s reorganisation in a creditor-friendly business rescue system such as South Africa. This study provides novel insights into the decision-making process, particularly how creditors assess BR plans, address information asymmetry and vote on the plan.

目的 企业拯救作为南非援助陷入财务困境公司的一种机制,在学术界和实践中都得到了广泛认可。然而,企业拯救计划是该机制中被忽视的一个方面,或许也是发展不足的一个方面。对于利益相关者来说,这是最终的决策文件。在企业拯救程序中,债权人因其投票权而成为最具影响力的利益相关者。为使债权人做出知情决定并有意义地行使投票权,企业拯救计划应具有透明度,并充分披露相关的可靠信息。本研究旨在确定债权人的主要信息需求,以提高企业拯救计划的充分性和决策有用性,这不仅是为了吸引债权人投票,也是为了加强从业者的责任感。研究结果研究结果表明,企业拯救计划中财务、商业和法律信息的全面披露是利益相关者决策的关键先决条件。此外,领导力和社会影响信息也是有影响力的决定因素。这项研究不仅促进了学术知识的发展,而且为从业人员制定企业拯救计划增添了价值。对实践者而言,这项研究为企业拯救计划的制定增添了价值。原创性/价值本文的原创性在于它调查了在南非这样一个对债权人友好的企业拯救体系中,债权人如何评估企业拯救计划中的信息,以此作为支持公司重组的先决条件。这项研究为决策过程,尤其是债权人如何评估企业重组计划、解决信息不对称问题以及对计划进行投票提供了新颖的见解。
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引用次数: 0
Reconciliation and settlement in the anti-privatization strike: a case study of power supply sector in Maharashtra, India 反私有化罢工中的和解与解决:印度马哈拉施特拉邦供电部门案例研究
IF 1.5 Q1 LAW Pub Date : 2024-02-16 DOI: 10.1108/ijlma-04-2023-0070
Sujoy Sen, Sanjeev Kadam, Reshma Nair

Purpose

This paper aims to study the motives that led to conflict between two groups – Employees of state-owned power distribution companies and the Government – over permitting parallel licensing to a private company for power distribution services in selected areas of the Maharashtra state in India. The study also seeks to comprehend the reconciliation process and the role of leadership in thwarting the strike that could have impacted common citizens.

Design/methodology/approach

The research is built on a case-based approach to analyze the pre- and poststrike environment along with the impact of the power shortage during the few hours of the strike. A semi-structured interview method wherein government and employee union representatives were interviewed to understand their version of the incident is used. Related literature, reports and news were reviewed to realize the impacts and consequences of similar situations in the past.

Findings

The strike was called off within a few hours with the intervention of state government to resolve the issue, promising the union the government’s intention not to privatize but to invest INR 500bn in the three government companies. The parallel licensing may impact government-owned power distribution companies as well as customers in the future.

Practical implications

It will pave the way for lessons related to such incidence where the Government and the Unions are at loggerheads over issues like privatization or ownership of the company and help the involved and other parties to seek a viable solution. The role of resilient leadership demonstrated by both parties led to a win-win solution within a few hours of the strike.

Originality/value

The paper is a case study on an issue that is very contemporary; the role of leadership and its swiftness in decision-making that led to a solution to a very complex situation is something that was not done earlier in the context of the State vs Union issue.

本文旨在研究在印度马哈拉施特拉邦选定地区,国有配电公司员工和政府这两个群体之间因允许私营公司平行获得配电服务许可证而发生冲突的动机。本研究还试图了解和解过程以及领导层在挫败可能影响普通公民的罢工中所发挥的作用。研究采用基于案例的方法,分析罢工前后的环境以及罢工期间几个小时电力短缺所造成的影响。研究采用了半结构化访谈法,对政府和工会代表进行了访谈,以了解他们对事件的看法。研究还查阅了相关文献、报告和新闻,以了解过去类似情况的影响和后果。研究结果在州政府的干预下,罢工在几小时内被取消,政府向工会承诺不会私有化,而是向三家政府公司投资 5000 亿印度卢比。这将为政府和工会在私有化或公司所有权等问题上僵持不下的教训铺平道路,并帮助相关各方和其他各方寻求可行的解决方案。双方所表现出的坚韧不拔的领导作用导致在罢工发生后的几个小时内就达成了双赢的解决方案。 独创性/价值本文是对一个非常具有时代特征的问题进行的案例研究;领导作用及其在决策中的迅速作用导致解决了一个非常复杂的局面,这在国家与工会问题的背景下是前所未有的。
{"title":"Reconciliation and settlement in the anti-privatization strike: a case study of power supply sector in Maharashtra, India","authors":"Sujoy Sen, Sanjeev Kadam, Reshma Nair","doi":"10.1108/ijlma-04-2023-0070","DOIUrl":"https://doi.org/10.1108/ijlma-04-2023-0070","url":null,"abstract":"<h3>Purpose</h3>\u0000<p>This paper aims to study the motives that led to conflict between two groups – Employees of state-owned power distribution companies and the Government – over permitting parallel licensing to a private company for power distribution services in selected areas of the Maharashtra state in India. The study also seeks to comprehend the reconciliation process and the role of leadership in thwarting the strike that could have impacted common citizens.</p><!--/ Abstract__block -->\u0000<h3>Design/methodology/approach</h3>\u0000<p>The research is built on a case-based approach to analyze the pre- and poststrike environment along with the impact of the power shortage during the few hours of the strike. A semi-structured interview method wherein government and employee union representatives were interviewed to understand their version of the incident is used. Related literature, reports and news were reviewed to realize the impacts and consequences of similar situations in the past.</p><!--/ Abstract__block -->\u0000<h3>Findings</h3>\u0000<p>The strike was called off within a few hours with the intervention of state government to resolve the issue, promising the union the government’s intention not to privatize but to invest INR 500bn in the three government companies. The parallel licensing may impact government-owned power distribution companies as well as customers in the future.</p><!--/ Abstract__block -->\u0000<h3>Practical implications</h3>\u0000<p>It will pave the way for lessons related to such incidence where the Government and the Unions are at loggerheads over issues like privatization or ownership of the company and help the involved and other parties to seek a viable solution. The role of resilient leadership demonstrated by both parties led to a win-win solution within a few hours of the strike.</p><!--/ Abstract__block -->\u0000<h3>Originality/value</h3>\u0000<p>The paper is a case study on an issue that is very contemporary; the role of leadership and its swiftness in decision-making that led to a solution to a very complex situation is something that was not done earlier in the context of the State vs Union issue.</p><!--/ Abstract__block -->","PeriodicalId":46125,"journal":{"name":"International Journal of Law and Management","volume":"85 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2024-02-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139765507","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Reassessing Saudi Arabia’s foreign investment laws: from protectionism to liberalization 重新评估沙特阿拉伯的外国投资法:从保护主义到自由化
IF 1.5 Q1 LAW Pub Date : 2024-02-16 DOI: 10.1108/ijlma-12-2023-0270
Ibrahim Mathker Saleh Alotaibi, Mohammad Omar Mohammad Alhejaili, Doaa Mohamed Ibrahim Badran, Mahmoud Abdelgawwad Abdelhady

Purpose

This paper aims to examine the extent to which these reforms address the limitations of Saudi Arabia’s previous investment framework. Long viewed as a hostile environment in which to do business, the Saudi Government has enacted a broad sweep of measures aimed at restoring investor confidence in central aspects of the country’s evolving private law framework.

Design/methodology/approach

This paper offers a timely assessment of the raft of foreign investment reforms, both legislative and regulatory, that have been introduced in Saudi Arabia over the last decade.

Findings

The paper will proceed by outlining the perceived failings of the old investment regime before going on to reforms.

Originality/value

It will consider the remaining obstacles to the flow of foreign investment in Saudi Arabia in the context of the dual forces that have historically defined the Kingdom’s ambivalent investment law regime.

本文旨在研究这些改革在多大程度上解决了沙特阿拉伯以往投资框架的局限性。长期以来,沙特阿拉伯一直被视为一个不利于经商的环境,沙特政府颁布了一系列广泛的措施,旨在恢复投资者对该国不断发展的私法框架核心方面的信心。原创性/价值本文将从历史上界定沙特阿拉伯王国矛盾的投资法律制度的双重力量的角度来考虑外国投资在沙特阿拉伯流动的剩余障碍。
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引用次数: 0
Are materiality determination practices evolving in the wake of increasing legislation on sustainability reporting? Findings from EU pharmaceutical companies’ reports 随着可持续发展报告立法的不断增加,确定重要性的做法是否也在发生变化?从欧盟制药公司的报告中得出的结论
IF 1.5 Q1 LAW Pub Date : 2024-01-30 DOI: 10.1108/ijlma-09-2023-0221
Mirella Miettinen

Purpose

This paper aims to contribute to the development of the European Union (EU) regulatory environment for sustainability reporting by analyzing how materiality is defined in the Non-Financial Reporting Directive (NFRD) and Corporate Sustainability Reporting Directive (CSRD) and by examining the added value and challenges of legalizing reporting and materiality requirements from both regulatory and practical company perspectives. It provides insights on whether this is reflected by EU pharmaceutical companies and to what extent companies report information on their materiality analysis process.

Design/methodology/approach

Doctrinal analysis was used to examine regulatory instruments. Qualitative document analysis was used to analyze companies’ reports. The added value and challenges were examined using a governance approach. It focused on legalizing reporting and materiality requirements, with a brief extension to corporate management and organization studies.

Findings

Materiality has evolved from a vague concept in the NFRD toward double materiality in the CSRD. This was reflected by the industry, but reports revealed inconsistencies in materiality definitions and reported information. Challenges include lack of self-reflection and company-centric perceptions of materiality. Companies should explain how they identify relevant stakeholders and how input is considered in decision-making.

Practical implications

Managers must consider how they conduct materiality assessments to meet society’s expectations. The underlying processes should be explained to increase the credibility of reports. Sustainability reporting should be seen as a corporate governance tool.

Originality/value

This work contributes to the literature on materiality in sustainability reporting and to the debate on the need for a holistic, society-centric approach to enhance the sustainability of companies.

目的 本文旨在通过分析《非财务报告指令》(NFRD)和《企业可持续发展报告指令》(CSRD)中对重要性的定义,以及从监管和实际公司的角度研究报告和重要性要求法律化的附加值和挑战,为欧盟(EU)可持续发展报告监管环境的发展做出贡献。本报告深入探讨了欧盟制药公司是否反映了这一点,以及公司在多大程度上报告了其实质性分析过程的信息。定性文件分析用于分析公司报告。采用治理方法研究了附加值和挑战。研究重点是报告和重要性要求的法律化,并简要扩展到企业管理和组织研究。研究结果重要性已从《国家报告和披露准则》中的模糊概念演变为《企业社会责任准则》中的双重重要性。这一点得到了业界的反映,但报告显示,重要性定义和报告信息并不一致。面临的挑战包括缺乏自我反思和以公司为中心的重要性观念。公司应解释他们如何确定相关的利益相关者,以及在决策时如何考虑他们的意见。应解释基本流程,以提高报告的可信度。可持续发展报告应被视为一种公司治理工具。原创性/价值这项工作为有关可持续发展报告中的实质性问题的文献以及有关是否需要一种全面的、以社会为中心的方法来提高公司的可持续性的讨论做出了贡献。
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引用次数: 0
Quality of work-life situation and effectiveness of labour laws: managerial perspectives 工作与生活环境的质量和劳动法的效力:管理者的视角
IF 1.5 Q1 LAW Pub Date : 2024-01-29 DOI: 10.1108/ijlma-12-2023-0271
Prakash Shrestha, Dilip Parajuli, Bibek Raj Adhikari

Purpose

This paper aims to examine the current quality of work-life (QWL) situation and the effectiveness of labor laws for promoting QWL in the context of Nepalese workplaces.

Design/methodology/approach

It uses a descriptive-interpretative-qualitative approach to analyze the responses. Information is gathered through discussions with 85 higher- and middle-level managers of large and medium-sized organizations.

Findings

The majority of Nepalese organizations accept safe and healthy working conditions, social relevance of work-life, social integration in the work organization, and work and total life space as the key aspects of QWL. They have become even more critical as a result of the COVID-19 pandemic. However, they face challenges in providing employees with opportunities for continued growth and security, immediate opportunity to use and develop human capacities, adequate and fair compensation and constitutionalism in the work organization. QWL-related provisions in Labour Act, 2017, play a vital role in promoting the QWL situation. The QWL programs offer many benefits to employees’ private and working lives. The lack of such programs would undoubtedly have negative consequences for Nepalese companies. Compliance with labor laws will promote a better QWL situation at Nepalese workplaces.

Research limitations/implications

Only managerial perspectives are considered for examining the current situation of QWL and the effectiveness of QWL-related provisions of the Labour Act, 2017. It excludes the views of union leaders.

Practical implications

This paper indicates that labor laws’ QWL-related provisions are effective. It also provides several policy measures for promoting a better QWL in Nepalese workplaces.

Originality/value

This study presents QWL-related legal provisions and the actual situation at the workplaces of Nepal. It also presents the key aspects of QWL in the context of Nepal.

目的本文旨在研究尼泊尔工作场所的工作生活质量(QWL)现状以及劳动法在促进工作生活质量方面的有效性。研究结果大多数尼泊尔组织认为,安全健康的工作条件、工作与生活的社会相关性、工作组织中的社会融合以及工作和总体生活空间是 QWL 的关键方面。由于 COVID-19 的流行,这些方面变得更加重要。然而,它们在为雇员提供持续发展和安全的机会、利用和发展人的能力的直接机会、充足和公平的补偿以及工作组织的合宪性方面面临挑战。2017 年《劳动法》中与 QWL 相关的条款在促进 QWL 状况方面发挥了重要作用。QWL 计划为员工的私人生活和工作生活带来了诸多益处。缺乏此类计划无疑会给尼泊尔公司带来负面影响。遵守劳动法将促进改善尼泊尔工作场所的 QWL 状况。研究局限性/影响在研究 QWL 现状和 2017 年《劳动法》中与 QWL 相关条款的有效性时,只考虑了管理者的观点。本文表明,劳动法中与 QWL 相关的条款是有效的。本研究介绍了与 QWL 相关的法律规定以及尼泊尔工作场所的实际情况。它还介绍了尼泊尔 QWL 的主要方面。
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引用次数: 0
Assessing the need for a deregulation of the insurance sector of Mauritius to combat money laundering: a comparative study with Singapore and UK 评估毛里求斯保险业放松管制以打击洗钱的必要性:与新加坡和英国的比较研究
IF 1.5 Q1 LAW Pub Date : 2024-01-29 DOI: 10.1108/ijlma-08-2023-0188
Bhavna Mahadew

Purpose

The purpose of this paper is to assess the current legal framework on money laundering control in the insurance sector. Essentially, this examination is premised on the interrogation of whether it is still appropriate for Mauritius to apply such stringent, opaque and unyielding Anti-Money Laundering/Combating Financing of Terrorism norms and rules on general insurance when developed nations such as the UK and Singapore have done away with them for a more effective combat against money laundering. It would also be assessed why the financial services commission (FSC) is not able to draw inspiration from its British and Singaporean counterparts in fighting money laundering more effectively.

Design/methodology/approach

This paper uses the doctrinal legal research methodology which is colloquially described as “black-letter law” approach. It is backed up by a contextual legal analysis that is based on an analysis of relevant legal provisions. It relies ground experience from the insurance industry through the experience of the authors. A comparative approach is used with Singapore and the UK as case studies given that there are significant commonalities to the Mauritian jurisdiction as well as useful differences.

Findings

It is observed that a move towards a de-regulation of the legal framework on money laundering in the insurance sector with a more relaxed approach is more effective for the Mauritian insurance sector. Evidence is drawn from the Singaporean and British models. A re-structuring of the FSC of Mauritius is also warranted for such an approach to be adopted.

Originality/value

This paper is among the first academic contribution that proposes a de-regulation and the adoption of a relaxed approach of and by the Mauritian Insurance Industry for a more effective combat against money laundering. It serves as a legal foundational basis for further research in this direction.

本文件的目的是评估保险业现行的反洗钱法律框架。从根本上说,这一审查的前提是,当英国和新加坡等发达国家为了更有效地打击洗钱活动而取消了反洗钱/打击资助恐怖主义行为的规范和规则时,毛里求斯对一般保险适用如此严格、不透明和不坚定的反洗钱/打击资助恐怖主义行为的规范和规则是否仍然合适。本文还将评估为什么金融服务委员会(FSC)不能从英国和新加坡的同行那里汲取灵感,以更有效地打击洗钱活动。它以基于相关法律条款分析的背景法律分析为支撑。它以作者在保险行业的经验为基础。鉴于新加坡和英国的司法管辖区与毛里求斯的司法管辖区既有显著的共同点,也有有益的不同点,因此采用了比较的方法对新加坡和英国进行案例研究。证据来自新加坡和英国的模式。本文是第一份建议毛里求斯保险业放松管制并采用宽松方法以更有效地打击洗钱活动的学术论文。它为这方面的进一步研究奠定了法律基础。
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引用次数: 0
Examining the advantages and disadvantages of international franchising and licensing from both legal and business perspectives within GCC region 从法律和商业角度研究海湾合作委员会地区国际特许经营和许可的优缺点
IF 1.5 Q1 LAW Pub Date : 2024-01-23 DOI: 10.1108/ijlma-10-2023-0228
Anas A. Al Bakri, Nazzal M. Kisswani

Purpose

This study aims to provides the insights on the advantages and disadvantages of international franchising and licensing from the perspectives of legal and business considerations in the Gulf Cooperation Council (GCC).

Design/methodology/approach

Using a quantitative research approach, the authors conducted a survey with 150 business owners and franchisees in the GCC and analyzed the data using descriptive statistics, structural equation modeling and frequency analysis.

Findings

The findings reveal that while international franchising and licensing offer significant benefits for business expansion and revenue growth, they also pose risks related to legal compliance, cultural differences and intellectual property protection. Indeed, the results of this study provide valuable insights into the advantages and disadvantages of international franchising and licensing in the GCC from both legal and business perspectives.

Originality/value

There is limited research on the legal and business perspectives of international franchising and licensing in the GCC. This study contributes to the literature by providing a comprehensive analysis of the legal and business perspectives of international franchising and licensing in the GCC.

目的本研究旨在从海湾合作委员会(GCC)的法律和商业考虑因素的角度,深入分析国际特许经营和许可经营的利弊。研究结果研究结果表明,虽然国际特许经营和许可经营为企业扩张和收入增长带来了巨大好处,但也带来了与法律合规、文化差异和知识产权保护相关的风险。事实上,本研究的结果从法律和商业角度对海湾合作委员会国际特许经营和许可的利弊提供了有价值的见解。 原创性/价值关于海湾合作委员会国际特许经营和许可的法律和商业角度的研究十分有限。本研究通过对海湾合作委员会国际特许经营和许可的法律和商业视角进行全面分析,为相关文献做出了贡献。
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引用次数: 0
期刊
International Journal of Law and Management
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