“Policing ‘Vancouver’s mental health crisis’: a critical discourse analysis” Article Summary

Summary

Boyd and Kerr (2016) investigated the mental health crisis in Vancouver using the police recorded evidence for five years. The study is based on the fact that the police department encounters mentally ill people more often when undertaking their duties. It is because the system for looking after people with mental health problems in Vancouver became ineffective, thus leaving people with mental health disorders to engage in law violating acts. The body of literature contributing to the completion of the study includes the police reports that can be accessed from the police department of Vancouver. Boyd and Kerr (2016) approached the topic by evaluating the discourses of mental health and dangerousness in the existing mental health system. The thesis statement that guides the reader throughout the study is that police have about mental health can apply in other areas. Therefore, analyzing the police department’s mental health information can assist psychiatrists and policy-makers in their work toward improving the lives of mental health patients.

Supporting Evidence

The first point that supports the thesis is the role of the police department in Vancouver as the only agency with the ability to make claims about the social problem related to mental health issues (Boyd & Kerr, 2016). The study states that one can only understand the real issues encountered in mental health by looking at how the police say about the mentally ill population. It is because when people with mental health disorders do not receive enough treatment, they end up in violent activities that lead them to jail. For example, a person with a personality disorder may become the perpetrator of domestic violence, which calls for police involvement, especially when someone is injured. The police department is also efficient in communicating the data collected in the field. Therefore, one can access records of the entire locality in one police station. Generally, Boyd and Kerr (2016) explain that the police department is the best place to access information related to mental health disorder victims’ social problems.

Another point that supports the thesis statement is the discourses of dangerousness associated with mental illnesses, as presented by the reports retrieved from the police department. All the reports held some negative representation of mental illness, showing how dangerous it can be in society. Some reports used the word danger to refer to the action of mentally ill people. It means that there is no good in mental health problems, especially during a crisis. Boyd and Kerr (2016) explored dangerousness discourse in police reports using two approaches. The first approach is the danger that the mentally ill people may expose themselves. For example, they might have extreme experiences of depression, which can make the victim develop suicidal ideation. The second approach is the danger that victims of mental problems pose to others when they become violent.

To support the above points, Boyd and Kerr (2016) used actual police reports as an example of how mental health disorders are a problem to society. For example, one report stated that most violent crime incidences are a result of mental health problems. This kind of problem is linked to the lack of collaboration between health providers and law enforcers, which means that problems cannot adequately get solved. Within the report, a proposed solution indicated that the institutions that deal with mental health should seek more resources and share information with the police department to avoid increased mental health problem incidences. Through these points, Boyd and Kerr (2016) explain how the police department can provide information to be used in other mental health agencies, as declared in the thesis statement.

Significance/Implications

Boyd and Kerr (2016) explain the article’s significance by acknowledging the importance of police roles when it comes to maintaining the well-being of people who live with mental problems. The reports they give about mental health problems helps to indicate the failure of mental health institutions that are supposed to care for mentally ill people. Also, the police department’s information eliminates any ambiguity that arises when people try to understand how mental health leads to social problems. Besides, the finding can apply to the development of a new policy. Policy-makers depend on what the public refers to as the problem. Therefore, by learning how poorly managed mental health care may lead to problems, policymakers can make informed decisions.

Also, Boyd and Kerr (2016) explain the significance of the findings by indicating its importance in knowing the kind of people who need help in society. Boyd and Kerr (2016) targeted the mentally ill people, but the explanation indicates that mental health patients who cannot access the care are the most vulnerable group in violent crimes. Therefore, the findings give insights on what to do to help the target population.

Conclusion

In conclusion, the thesis statement evolved allowed seeking information about social problems related to mental health patients, and the information can help health providers and policy-makers. The first main point discusses how police agencies provide a reliable source of information about mental health problems at the community level. The second point indicates how dangerous mental health problems can be in society. Therefore, as specified in the thesis statement, the reader can acquire information about mental health issues and the problems that policy-makers and health providers must solve. However, the study should have answered the following question. What instruments that the author used to verify the validity and reliability of the police report?

Reference

Boyd, J., & Kerr, T. (2016). Policing ‘Vancouver’s mental health crisis’: a critical discourse analysis. Critical Public Health, 26(4), 418-433.

Fred Hutchinson Cancer Center

Overview of the Fred Hutchinson Research Center

The Fred Hutchison Cancer Center is one of the most successful and largest bone marrow transplant centers in both the US and worldwide.  The center receives grants from the federal government and other independent US research institutes. The case was presented in the US district court in the Western District of Washington by the patients’ families filed a suit against Fred Hutchinson Research Center. The file occurred after Fred Hutchinson Research Center conducted a series of cancer trials between 1981 and 1993. At this time, the research center conducted clinical trials using T-cell depletion to graft-versus-host-disease (GVHD), which has been the cause of death during the bone marrow transplant process. Several patients who enrolled for the Fred Hutchison Cancer center trial died (Lin, & Liang, 2004). The causes of what transpired during the death of the patients who enrolled for trials gained wider attention after a series of articles published by The Seattle Times. Immediately after the Fred Hutchison research trials publication, the patient family filed a case against the center.  The patients’ families claimed the center did not disclose all information needed by the participants to make informed decisions.  According to the families, the center researchers failed to disclose important details to the patients that the GVHD treatment trial is likely to cause bone marrow treatment failure.  Also, the families claimed that the facility failed reveal the relevant information related to the research to the Institutional Review Board (IRB), and it intimidated its officials, which contravened the federal regulations. They also argued that the investigators had financial interest from the project because they eyed big proceeds if the treatment became successful. The patients’ families argued the investigators had ownership of the stock in the company.

Issues Presented by The Families

Their families argued that they had their constitutional due process rights as illustrated under the 14^th amendment since the center violated IRB procedures by not giving room for adequate research procedures resulting in patient harm. The plaintiff that the research procedures violate the Nuremberg code, declaration of Helsinki, and Belmont Report. Nuremberg Code outlines the special need for the research community to safeguard human experimentation. Also, Helsinki’s (DoH) declaration was first adopted in 1964, which provides guidance in clinical trials and ensures the researchers adhere to informed consent. Its main goal is to protect the research participants. Belmont report describes inadequacy in the medical practice standards and ensures that the researcher adheres to the informed consent guidelines. The families claimed the facility failed to disclose all information needed by the participants to make informed decisions, especially about conflict of interests (COI).

Defendants Presented by the Families

On the other hand, the Fred Hutchison research center held that it did not violate the research’s policies. The facility argued that the trials were objectively reviewed and testified that the research’s disclosure was lengthy, detailed, and documented. The facility presented evidence of the documented discussions with patients and their families. It included discussions on the potential benefits and risks of the clinical trials.  The facility highlighted that it gives the patients and their families a room to asks questions, alternatives, and concerns relating to the trails. The center also indicates that it gave written consent to the patients and their families, which helped them make informed decisions. Also, IRB affirmed that it assessed and approved trials independently without any external influence or intimidation. Also, the center confirmed it did not have intentions to sell the antibodies for the clinical trials. The investigators argued that they did not patent the antibodies for protection or use. The court ruled the case in favor of the Fred Hutchison Research center.  It dismissed the claims of the family claims and affirmed the center followed the due research process.

Conflict of Interests Indicated in The Case Study

According to Kuszler (2001), the conflict of interests comprises a situation where the professional actions of judgments regarding primary interests like the medical researcher’s responsibility are at risk due to unduly influence by secondary interests like career development and financial gain. In this case, individuals in the research use their power for their personal gain, which is not only unethical but illegal. Curzer & Santillanes (2012) highlight that the conflict may involve both institutions and individuals. The conflict of interest in the research is a problem due to the following reasons. First, it is a problem because it can engage in human subjects’ safety. The researchers and companies are driven by profitability pursuits less likely to prioritize the research process’s safety.

Consequently, they may end up not looking at the side effects of the drugs as expected. Also, they disregard all ethical research requirements like informed consent, disclosure of the full scope of the research, and others for self-gain, making the participants make poor personal decisions that end up harming them.  Secondly, it may jeopardize the public faith in the research findings. In such a case, the public may question the credibility and accuracy of the research findings. They end up asking whether the researcher was acting in the best interests of the patients or was the vehicle for advancing the research firms and pharmaceutical companies’ facial interests.  Also, conflict of interest in the clinical trials is more likely to reduce the publics’ willingness to participate in the studies. Indeed, the success of the clinical experimental processes relies significantly on the public willingness to take part. Therefore, the public may not agree to take part in the clinical experiments if they believe that the research community is driven by their own hedonistic motives. Consequently, it may inhibit future discoveries, especially when research support is not available.

In the above case between the patients vs. Fred Hutchinson Cancer Research Center, there are various incidences of conflict of interest highlighted, which has made the whole research process questionable. The organization’s whole research process remains contestable as the patient’s families found a conflict of interest among the trial investigators. To avoid such a scenario, the research centers must ensure the whole research process is credible, fair, and free from any conflict of interests. one of the issues presented in the above case is the financial conflict of interests. As outlined in the above case, some researchers were suspected of having financial interests from bone marrow transplant trials.  According to Kuszler (2001), the family of the patients felt that the information about financial interests by the medical research team was not disclosed to patients who were critical in their process of making informed decisions. They believed that the physicians were required to indicate any actual or potential conflicts of interest in the trials’ outcomes.   The Seattle Times disclosed that the trial was conducted by the physicians who had shares in the company. Therefore, this affirmed that the trial investigators expected to garn proceeds from the trial antibodies. Also, the family argued that the trial investigators interfered with IRB reviewing and approval exercise. They argued that the investigators intimidated IRB officials who were in a position to determine whether the duly process was followed in the clinical trials. The financial gain from the entire exercise was the major barrier to fair and independent exercise.

Make Recommendations for Managing, Eliminating, Or Reducing the Conflicts of Interest

Curzer & Santillanes (2012) highlight that the conflict of research remains the area of concern to the magnitude of effect on the research outcome, quality, and dissemination of the research. Also, it has negative implications on public perception and trust in universities and researchers. With the growing research number of academic medical institutions, the need to ensure the research outcome’s quality, accuracy, and credibility are indispensable. To avoid the risks associated with financial interests in research, the government needs to undertake the following measures.  One of the strategies of managing the conflict of interest in the research process is through the utilization of the prohibition model.  Curzer & Santillanes (2012) elaborate that the implementation of the prohibition model dissuades any activities, arrangement, or motives, especially those pertaining to financial, which in turn results in the conflict of interests unless for those providing the social benefits of equal magnitude. The institutions or jurisdictions that implement this strategy establishes the threshold within which some conflict of interests may be accepted. One of the considerations is that it must present a socially redeeming value. For instance, it must unveil the treatment of some deadly, chronic, and incurable illnesses like cancer and others.  The second threshold is that the redeeming social value must outweigh the risk of underreported, incomplete, and biased research conducted. In case the conflicting interest does not fulfill these two thresholds, then it should be prohibited. Romain, (2015) argues institutions or government needs to minimize the risks of the imbalance between the conflict of interests and punitive benefits through management and disclosure. Some of the social benefits that outweigh the risk of bias include job creation, an improvement of medical innovation to the bedside, advancing economic benefits, and supporting research programs in the universities and private entities. This strategy is mainly utilized to prohibit senior researchers that are perceived to have conflicting interest in clinical trials.

Another strategy that can be applied to manage conflict of interests is the utilization of the disclosure and peer review model.  According to Curzer & Santillanes (2012), the disclosure and peer review help the universities and private entities to capture any motivations or arrangements that may trigger a conflict of interests. Strong peer reviews evaluate secondary data analysis in the research process. Romain, (2015) alludes that public evaluation and journal review by other researchers would help to detect and counteract the unacceptable biases in human trials. It ensures the duly process of the research is followed by the researchers. Some researchers argue that prohibition is not the best approach to eliminating conflict of interests, and the disclosure model allows peer reviewers to detect possible biases and minimize their future occurrence.  According to Romain (2015), this strategy is critical and most effective in addressing the non-financial biases.

Similarly, relevant government agencies and research bodies must ensure that universities or private entities must adhere to public health regulations (PHS).  42 CFR Part 50, Subpart requires the investigators to disclose any significant financial interests that might be affected by the research. It requires the institutions to designate the organizational officials to review and solicit the financial disclosure statements highlighted by the investigators. According to the PHS, significant financial interests comprises of income not exceeding $ 10,000 and equity interest not exceeding the same amount.

Also, institutions should follow the Federal Drug Administration (FDA) COI policy.  They are required to follow policies highlighted in CFR Part 54 Form FDA 3455. Forms for clinical investigators ask for the disclosure of any significant equity held by the clinical investigator or sponsor, payments coupled to results, and propriety interests, and others. Lastly, personal level strategies can help in managing conflict of interest in the research process.  in this strategy, the investigators must attempt to avoid financial conflict at any means possible. They should strengthen their ethical skills to help them overcome any ethical challenges they encounter.

Conclusion

In the research, conflict of interests may present deleterious effects not only to the participants but also to the researching center. Conflict of interests causes the researchers to undertake flawed and partial trials with incomplete evidence, which eventually may cause harm to patients. Conversely, it may taint the image of the research firms as the public comes to uncover the whole truth. Moreover, it may attract legal penalties as the participants will sue the researchers. Kuszler (2001) highlights that the researching institutions can avoid negative consequences associated with COI through establishing strategies to reduce, manage, or eliminate them.

References

Lin, L., & Liang, B. A. (2004). Wright v. Fred Hutchinson Cancer Center: Maintaining Patient    and Public Trust in Clinical Research. AMA Journal of Ethics, 6(11), 501-504.a

Curzer, H. J., & Santillanes, G. (2012). Managing conflict of interest in research: Some   suggestions for investigators. Accountability in research, 19(3), 143-155.

Kuszler, P. C. (2001). Curing conflicts of interest in clinical research: impossible dreams and      harsh   realities. In Widener L. Symp. J. (Vol. 8, p., 115).

Romain, P. L. (2015). Conflicts of interest in research: Looking out for number one means keeping the primary interest front and center. Current reviews in musculoskeletal          medicine, 8(2), 122-127.

Companies that have gained market advantages due to Covid19

Global pandemics have been known to have adverse repercussions on businesses. For instance, the worldwide covid-19 epidemic has caused many small businesses to close their doors due to the high losses incurred. However, some companies continue to flourish during such difficult economic times. One of the critical elements that make businesses benefit more from catastrophic events is the gained economies of scale. An example of companies that have gained market advantages due to the corona pandemic is the Alibaba Group Holdings Ltd. and the UnitedHealth Group.

Recognized as an international e-commerce giant, the Chinese based franchise, Alibaba Group registered a more than double its profit in its first-quarter fiscal report. This number is expected to increase due to the covid-19 pandemic that has left cities and towns on lockdown state. With no access to physical shopping sites, people are left with no other alternative than to shop online. Over the past months, online traffic has upsurged, leading to a growing demand for online services such as the one extended by the Alibaba Group. The economies of scale facilitating Alibaba’s success is it’s the company’s networking advantage (Mourdoukoutas, n.p.). Alibaba offers a platform for buyers and sellers to interact.

Owing to the fact that the UnitedHealth Group is a renowned healthcare facility, this organization is one of the few that has recorded significant profits during the global covid-19 pandemic. This facility continues to offer the best medical services as people seek better healthcare during the epidemic. Due to the growing demand for medical attention, this organization has partnered with the local healthcare facilities to extend affordable services to members of the public (UnitedHealth Group, n.p.). The leading economies of scale that have made the UnitedHealth Group gain its market advantage it’s the additional investments the company has infused within its system to support those affected by the covid-19 pandemic.

Work Cited

Mourdoukoutas, Panos. “Alibaba’s Five Advantages”. Forbes, 2020, https://www.forbes.com/sites/panosmourdoukoutas/2014/04/15/alibabas-five-advantages/?sh=5ec8eb0b70a6.

UnitedHealth Group. “UnitedHealth Group Reports Third Quarter Results.” Unitedhealthgroup.Com, 2020, https://www.unitedhealthgroup.com/newsroom/2020/2020-10-14-third-quarter-results.html.

Delegation

Did Nurse Joserine delegate tasks appropriately? Why or why not? (please include the five steps of delegation)

Delegating Duties is a task that requires one to follow several steps to ensure activities run smoothly with minimal interruptions (Levin, 2018). Every organization has a specific way in which procedures are supposed to run. If a certain individual is absent, his/her duties are to be taken up by someone else competent enough to fill the spot. In the case of Nurse Joserine, I think that she was right to delegate her duties as she was needed a break. However, she did not do such a good job. Joserine followed only two steps of the five recommended for ideal delegation. First, she appointed appropriate individuals to handle each task. Secondly, she outlined the duties and expectations of the appointed people. However, she did not set a deadline or establish a way of determining the individual’s progress. Besides, Joserine barely made her representatives understand the level of authority associated with their assumed positions.

Who will be held accountable for the outcomes of the roles/tasks that Nurse Joserine has delegated?

Accountability is a key quality that ensures individuals maintain high levels of responsibility (Kendall, 2018). In the case of Joserine, the appointed representatives have to be under the authority of someone superior. The nursing coordinator who was left in charge of handling emergencies and other activities will be answerable to the CEO of the medical institution. The clinical specialist will also be answerable to the CEO as there is no other person second to this post. However, it is important to note that these two individuals lack adequate knowledge on how to handle the duties assigned to them. Therefore, in case of any damages, Nurse Joserine will be held accountable for her representatives’ outcomes.

References

Kendall, N. (2018). How new nursing roles affect accountability and delegation. Nursing Times, 114(4), 45-47.

Levin, R. P. (2018). The five steps of delegation.

Employment Laws: Reduction of Wages and Working Hours

Assignment

Compose a 10-page critical analysis research paper that addresses a specific topic of interest regarding employment law and the contractual relationships between employee and employers. Within the analysis, be sure to include at least five authors’ positions on the topic from scholarly peer-reviewed journals and be mindful to utilize sources that were published within the last three years. Students are to be sure to include a reflective portion regarding their analysis of the topic rather than just summarizing the journal articles chosen.

You may propose an alternative project of your own design that shows attainment of the corresponding course outcome. The mentor must approve the alternative project.

Sample Answer

Introduction

Background Information

In the US pay reduction is governed as well by the minimum wage law. The employer is guided by the terms of the contract incorporated in the employment law. The federal minimum is $7.25 per hour with some states having higher minimums. An employer is obliged therefore to the minimum set through the state statutes. The state minimum is never below the Federal minimum. Also, the standard number of working hours is 40-in a week. Employees in the management may work for more extended hours below the minimum. The wage cut process need also to be fair to the employees without any form of discrimination on age or ethnic origin. According to Chen, and Horton, (2016) employees are keen to evaluate the wage levels on assessment of what is available in the market. In addition to the employment laws, the employer is called upon to the understanding that fairness is more critical in employment contracts than in other contracts (Kochan, & Riordan, 2016). All the proposals for a different wage are considered as a process of renegotiation of the contract. This calls for the employer to have an understanding of whether the employee is a contract partner or otherwise.

In China, pay reduction is based on termination and renegotiation of the terms of contracts which can only be fulfilled under certain circumstances governed by the China Labor contract Law. In Oher words, the employment terms in China are stricter on the formal contract, and all changes are based on the need for reevaluation of the terms of the contract in which pay cut and wage hours are not an exception. The law in China is highly protective to the employees and before the pay cut legalized a lot of legal restraints are encountered. Many labor-related risks exist in the country where HR or the employer fails to comply in this accord. A lot of consultations between the employer and the employee are done and the employer is required to make such changes in formal writing. The employees, on the other hand, assert their signature as evidence of their consent without objection to all the changes made.  According to Cheng, Smyth, & Guo, (2015) the China Labor contract law that requires formal contracts to be mandatory has helped to improve the outcome of the workers significantly. The new terms that were implemented in 2008 are considered as the greatest reform on employment regulations in the country. Also, the law governs that if an employee proves incompetence in administering a given role the employer would have rights to transfer them to different functions under different contract terms.

In this research paper, the consideration is that employment protection legislation (EPL) for a pay cut and wage hour’s reduction is a global concern. In other words, both the US and other countries have clear laws that govern the conditions and the process of a pay cut. The contract terms also govern the decisions an employer would take, considering an employee as a contract partner. A reduction in wages is an indispensable element of the contract that would thus require the informed consent of the employee.  In US consideration are for the employer to notify the employee of such changes in advance appealing to the need for change and future implications. In China, on the other hand, the labor contract law governs for the renegotiation of the terms of the contract requiring the employer to express the changes in written form with the employee signature as a sign that they are not in objection of the new terms. Reduction of wages and working hours has significant legal implications to the employer and the employee since they are governed by the employment laws and the terms of the contract which are the primary aspects of employee protection legislation a critical aspect in the global market.

Employment laws on Wage Reduction in the US

The Fair Labor Standard Act requires the employer to maintain the federal minimum wage for all the covered employees. In other words, the law protects the employee from pay cut below the minimum wage rate. Also, this law requires that the employee is paid overtime for hours worked above 40-hours a week (Kochan, & Riordan, 2016). The employer cannot at any circumstance violate overtime payment as a substitute to a wage cut. FLSA is reinforced by other state and local laws to enhance protection of the employees from the violation. For instance in 28 states in the US the minimum wage is more than the Federal minimum. There is no requirement for the employers to have all the items of a contract documented such as the changes in the wage levels. This law also defines that employee’s compensation needs to be free from any form of discrimination by race, age. The employer needs to appeal to the employees that the pay cut will be made in a given percentage to the wages received by the employees. Both the management and the subordinate employees also need to be treated equally regarding the pay cut. All these requirements are enforced by the Department of Labor and the wage and hour division. The FSLA has no restrictions to the employers on the need to reduce the number of working hours provided all other statutory requirements like the minimum wage and payment of overtime are maintained.

The FSLA has a clear guideline on a reduction of salary for the exempt employees. In other words, the US employment law offers protection and guideline on the conditions that must exist to fulfill a reduction of predetermined salaries either temporary or permanent. One aspect is that a reduction in the salary of exempt employees often leads to the loss of the exemption. The implication is however that the employee will be paid based on minimum wage and overtime as defined by the FSLA for the nonexempt employees. However, there are conditions such as economic downtown that may protect a salaried employee from losing their exempt condition. Most of the exemption exists for employees in the executive or professional capacity. The salary of these employees may not as well be subjected to the reduction process based on a decrease in the quality and the quantity of the work performed. This law extends the provisions to the short-term deduction of the employees’ salaries based on reduced work performed especially when the employee is willing to work.

The US law requires the employer to notify the employee about salary reduction before they can work in the new salary rate. This means that before a new salary or wage term is implemented the employees need to express their consent agreeing to work under those new terms. This gives the employees a chance to negotiate through a collective bargain or legal assessment while an employer reviews their considerations. An employee has the right to decline the new terms which would mean ending the contract with the employees. The employee gives details on when the new terms will be implemented giving them an equal chance to decide on the specific actions.  The employment law is incorporated into the existence of the company in business (Chen, & Horton, 2016). The decision to reduce salaries is controlled by threats of bankruptcy that would see employees lose jobs (Blanchard, Jaumotte, & Loungani, 2014). As a capitalist nation and with efforts to reduce unemployment law employment organizations like the Division safeguard the rights of the employer. An individual employee can also accept lower pay in the event of a job change. This occurs when there is demotion based on incompetence’s outlined for the high rank.

In summary, the US law allows the employer to reduce wages, salaries and working hours provided the four major requirements are not violated. One is to notify the employee of the pay cut to allow them to give informed consent of the new terms. The employees are not expected to object the new terms but to make decisions regarding new terms before they are implemented. The second is the pay cut also need not be nondiscriminatory by race, wage, position, a profession in which the statutes of the local, state and federal governments on discrimination are not violated. The third consideration is if there is a contract that states that the employee salary cannot be reduced on those conditions then the reduction would not be effective. To implement the pay cut on such condition the management needs to negotiate for such change since the employee is a contract partner with equal negotiation rights.  The fourth factor is the reduction is to be guided by the minimum wage rate by state or federal government.

Employment Laws on wage Reduction in China

Pay cut in China is governed by China labor contract law. The law that governs those employments relations be in written contracts guide the framework through which the pay cut can be implemented. A contract has clear terms that govern the relationship between the employee and the employer. The wage rate is clearly defined as an indispensable element of the contract. Neither the employer nor the employees are given the full mandate to make amendments on the conditions outlined by them. The two parties have equal rights to negotiate for salary or wage rate.  The employer needs to make all relevant consultation with the employee who needs to agree to the modification by signing documents for the new terms. The contract is the primary guideline to the relationship. A pay cut is often implicated by the law to be a reevaluation of the terms of contract. According to Cheng et al., (2015) the labor contract law requires that the employer must maintain the maximum working hours for the employees. The employees bargaining power strengthened by other sections gives the employee an upper hand to the negotiation over the employer in business and corporate level.

The China labor contracts law allows the employer to make a pay cut through a change in the employee’s position. In other words, the employer has no right capacity to reduce the wage of employees based on incompetence unless where a contract is signed for a new position. This is clearly defined in article 40.2 that affirms change of a position where the job is incompetent. The HR is mandated with an obligation to change the duties performed by the employee and also decide on the salary thereafter. To fulfill this provision of the labor contracts law the individual employer need to do so by an evaluation based on the internal rules and policies governed by the law. It’s often like the employee needs to understand the internal policies of the individual organization that governs this relationship (Chen, & Horton, 2016). The implication is that if the employer has no such clear guidelines that are understood by the employee then before any action is taken there would be needed for prior agreement with the employee before demoting the employee and making the pay cut decision. In most of the cases, the employer is not quick to demotion and pay cut based on the legal obligations involved.

The employer is empowered to reduce employee salaries based on a violation of the policies. This is governed under the contract law article 39 that defines that if the misconduct by the employee is minimal to warrant for dismissal, an employer can demote the employee and cut pay. The prior condition for this action would be that the employee had been bound to the employer’s rights to enforce penalties through such terms. Also, the employer would need to have such rules and policies that provide for a pay cut and which have been discussed and made known to the employees through a comprehensive set of policies. The law also outlines and governs the ranges within which the pay cut is initiated. The arbitrators and the judges have the mandate to decide what ranges of the pay cut would be initiated. This legal mandate to reduce the employee pay is highly restricted such that the employer often engages legal consultancy before making any major decision. Failure to comply with the limitations of these four conditions would lead to huge penalties. The employer has it in mind that the contract laws are aimed at empowering the employees. The employers need therefore to consult the law practitioners before the decision and not after based on the dangers of the unilateral decision-making process.

This means that unlike in the US the employment laws on the reduction of wages and working hours are more employers centric. The law has been strengthened by the fact that formal written contracts are mandatory in China but not in the US. All the legal process and terms safeguard the right of the employee to work for the agreed salaries. Through a contractual relation, all the terms are clearly defined, and the employee and the employer must abide with them without which legal implications would be inevitable. The contract laws are basically meant for the protection of the employees and not for punishment for any form of misconduct by them. With this consideration, the employer needs to take all the precautionary measures before making any critical decision.

Implications to the Employer

In the global scale, both large scale and small scale employees are affected by the employment laws. The FSLA and CLCL require the employer to uphold all the regulations in regards to their efforts for a pay cut. As the employer reduces the salaries and wages, all the violations to the laws would attract considerable penalties in the federal and state courts. Also, the company would be exposed to public scrutiny on the general relationship between the employer and the employee. While in China the laws are stricter each of the employers has a responsibility to uphold them. Employment protection legislation (EPL) is expensive efforts for the employer operating locally and abroad (Louis, & Urcan, 2017). As employer spend more on penalties and as the power to control such actions like pay cut reduces policy implementation becomes difficult. In the event of heavy cash flow, the company experiences difficulties in restoring its operations. Employers are equally unable to handle the employee misconduct effectively. In the context of the need to reduce the working hours, the cost of production remains high although such efforts when guided by the availability of productive work can lead to increased production. The contractual relationship has the most significant implication to the employer. In the US formalization of some of the contract terms are not mandatory. Having clear contract terms increases employee bargaining power.

Implications to the Employees

Pay cut and reduction of the wage hours often lead to decreased income for the employees. Although in overall the employment protection legislation has positive implications for the employees, some circumstances inflict them to decide between the wages and employment security. There are also ethical implications for the case. Where the law provides pay cut and the wage hours as illegal the employee needs to decide between the company turning bankrupt and losing the competitive salaries (Balz, 2017). The laws also provide for the terms of punishment following all the forms of misconduct. China LCL provides that some certain conditions best interpreted by law the employer can legalize pay cut with minimal negotiation with the employees. This has made the employers victimized that all the consultation and notifications are based on formalizing the process. In the US the implication is that employees can feel they are not protected thus most of the cases are never reported.

On the other hand in China employees may feel superior over the employer. The employee may feel that they are not obligated to general business conduct and the policies as well. When this occurs, there is a general decline in the costs of production. Demotivate the employer on the commitment of the employee as a general responsibility which leads to significant implication.

Conclusion

This research paper identifies that the employees on the global scale are protected from pay cut and reduction of the working hours. The federal government requires that there is a minimum wage rate payable to an employee. The minimum wage rate helps to reduce the extent to which the wages and salaries can be completed. Results from the US employment laws on pay cut have reflected those standards in China.  Unlike in the US, all pay relationships are defined by through the contractual agreements. Employment protection legislation efforts have both positive and negative implications for both the employee and the employer. To the employer, it depends on the country with which the operations are manifested. Employees who are protected by the labor laws from pay cut are likely to maximize efforts to enhance pay cut. One factor to remember is that the EPL laws are meant to protect and safeguard the rights of the employees.

References

Balz, A. (2017). Cross-national variations in the security gap: Perceived job insecurity among temporary and permanent employees and employment protection legislation. European Sociological Review, 33(5), 675-692. https://academic.oup.com/esr/article/33/5/675/4102109

Blanchard, O. J., Jaumotte, F., & Loungani, P. (2014). Labor market policies and IMF advice in advanced economies during the Great Recession. IZA Journal of Labor Policy, 3(1), 2.

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