Catcher in the Rye Essay: Holden Caulfield - A Nice Kid in a Cruel World :: Catcher Rye Essays

Holden Caulfield - A Nice Kid in a Cruel World      Ã‚  Ã‚   Over the years, members of the literary community have critiqued just about every author they could get their pen on.   One of the most popular novels to be critiqued has been J. D. Salinger's The Catcher in the Rye.   In favorable critiques, Holden Caulfield is a good guy stuck in a bad world. He is trying to make the best of his life, though ultimately losing that battle. Whereas he aims at stability and truth, the adult world cannot survive without suspense and lies. It is a testament to his innocence and decent spirit that Holden would place the safety of children as a goal in his lifetime. This serves to only re-iterate the fact that Holden is a sympathetic character, a person of high moral values who is too weak to pick himself up from a difficult situation.    S.N. Behrman, in his review for The New Yorker, also took a sharp look at Holden's personality. Behrman found Caulfield to be very self-critical, as he often refers to himself as a terrible liar, a madman, and a moron. Holden is driven crazy by phoniness, an idea under which he lumps insincerity, snobbery, injustice, callousness, and a lot more. He is a prodigious worrier, and someone who is moved to pity quite often. Behrman wrote: "Grown men sometimes find the emblazoned obscenities of life too much for them, and leave this world indecorously, so the fact that a 16-year old boy is overwhelmed should not be surprising" (71). Holden is also labeled as curious and compassionate, a true moral idealist whose attitude comes from an intense hatred of hypocrisy. The novel opens in a doctor's office, where Holden is recuperating from physical illness and a mental breakdown. In Holden's fight with Stradlater, his roommate, he reveals his moral ideals: he fears his roommate's sexual motives, and he values children for their sincerity and innocence, seeking to protect them from the phony adult society. Jane Gallagher and Allie, the younger brother of Holden who died at age 11, represent his everlasting symbols of goodness (Davis 317).    A quote by Charles Kegel seems to adequately sum up the problems of Holden Caulfield: "Like Stephen Dedalus of James Joyce's A Portrait of the Artist as a Young Man,Caulfield is in search of the Word. His problem is one of communication: as a teenager, he simply cannot get through to the adult world which surrounds him; as a sensitive teenager, he cannot get through others of his own age" (54).

Understanding Marketing and Marketing Process

Understanding Marketing and Marketing Process Marketing Is the organizational function charged with defining customer targets and the best way to satisfy needs and wants competitively and profitably. Since consumers and business as buyers face an abundance of suppliers seeking to satisfy their every need, companies and nope FLT organizations cannot survive today by simply doing a good job. They must do an excellent Job if they are to remain in the increasingly competitive global marketplace.Many studies have demonstrated that the key to profitable performance is to know and satisfy target customers with imitatively superior offers. This process takes place today in an increasingly global, technical, and competitive environment. The Marketing Process The marketing process is the process of analyzing market opportunities, selecting target markets, developing the marketing mix, and managing the marketing effort. Target customers stand at the center of the marketing process. There are fo llowing steps in Marketing Process: l.Analyzing marketing opportunities II. Selecting target markets Ill. Developing the marketing Mix IV. Managing the marketing effort l. Analyzing marketing opportunities First step of the marketing process is analyzing market opportunities and availing these opportunities to satisfy the customer's requirements to have competitive advantage. The marketing function of analyzing market opportunities is important in the marketing planning process. Any marketing manager must analyses the long-run opportunities In the market to improve the business unit's performance.To evaluate its opportunities firms needs to operate a reliable marketing Information system. Marketing research is an indispensable marketing tool for this purpose. Researching the market allows the company to gather intimation about their customers, compete y environmental changes to determine the market opportunities. II. Selecting the target Market: To succeed in today's competitive mar ketplace, companies must be customer centered. They must titers and an win customers from competitors and keep them by delivering greater value. Ђ Sound marketing requires a careful, deliberate analysis of consumers. Since companies cannot satisfy all consumers in a given market, they must divide up the total market (market segmentation), choose the best segments (market targeting), and sign strategies for profitably serving chosen segments better than the competition (market positioning). Ill. Developing the Marketing Mix Once the company has decided on its overall competitive marketing strategy, it is ready to begin planning the details of the marketing mix.The marketing mix is the set of control lovable marketing variables that the firm blends to produce the response it wants in the target market. The marketing mix consists of everything that the firm can do to influence the demand for its product. These variables are often referred to as the â€Å"four AS. † 1). Produ ct stands for the â€Å"goods-and- Irvine† combination the company offers to the target market. 2). Price stands for the amount of money customers have to pay to obtain the product 3). Place stands for company activities that make the product available to target cons mummers. ). Promotion stands for activities that communicate the merits of the product and persuade target consumers to buy it. An effective marketing program blends all of the marketing mix elements into a coordinated program designed to achieve the company's marketing objectives by delivering value to consumers. Some critics feel that the four As omit or underestimate certain important activities. 1. â€Å"Where are services? † they ask. 2). â€Å"Where is packaging? † 3). The 4 As seems to take the seller's view rather than the buyer's view. 4).Perhaps a better classification would be the 4 CSS: a). Product = Customer Solution. B). Price = Customer Cost. C). Place = Convenience. D). Promotion = C ommunication ‘V. Managing the Marketing Effort The company wants to design and put into action the marketing mix that will best achieve its objectives in target markets. This involves four marketing management functions. The four functions are: analysis, planning, implementation, and control a. Marketing Analysis: Marketing analysis involves a complete analysis to the company's situation.The company performs analysis by Identifying environmental opportunities and threats. Analyzing company strengths and weaknesses to determine which opportunities the company can best pursue. Feeding information and other inputs to each of the other marketing management functions b. Marketing Planning: Within each business unit, functional plans must be prepared, including marketing Pl mans. Such plans include marketing plans which are aggregate plans consisting of plans for product lines, brands and markets.Marketing planning involves deciding on marketing strategies that will help the company to attain its overall strategic objectives. A detailed plan is needed for each business, product, or brand. A product or brand plan should contain the following sections :executive summary, current marketing situation ,threats and opportunity analysis, objectives and issues , marketing strategies, action programs, budgets, and controls. C. Marketing Implementation: Marketing Implementation is the process that turns marketing plans into marketing a actions in order to accomplish strategic marketing objectives.Whereas marketing planning addresses the and â€Å"why† of marketing activities, implementation addresses the â€Å"who†, â€Å"where†, â€Å"when†, and â€Å"how†. One firm can have essentially the same strategy as another, yet win in the market- place through faster or better execution. Successful implementation depends on an action program that pulls all of the people and activities together and forms sound formal organizational structure i ts decision and reward structure (HARM functions and procedures) and the firm's marketing strata shies fitting with its company culture (the shared system of values and beliefs). Marketing Control Marketing control is the process of measuring and evaluating the results of marketing strategies and plans, and taking corrective action to ensure the marketing objectives are attained. 4 Marketing Opportunities 1 . Market Penetration Market penetration meaner trying to increase sales of an organization's existing products or services in its existing markets. This can be accomplished by strengthening current customer relationships to increase their rate of product/ service utilization or trying to attract competitor customers or current non-users. . Market Development Market development meaner trying to increase sales of an organization's current products or services in new markets. Market development may also involve identifying new uses for an existing product or service. 3 Product Devel opment Product development meaner offering new or improved products or services in an organization's existing markets. 4. Diversification Diversification meaner moving into entirely different lines of business—-unfamiliar products, services or markets. All organizations must find new attractive marketing opportunities to grow.But the challenge lies in determining which marketing opportunity offers the most long-term success. Strategic Marketing Services is available to help your organization through this basic marketing opportunity assessment and any other relevant market research activities specific to one of the four marketing growth strategies. Contact us to talk with one of our experienced project managers about your organization's unique marketing opportunity. Develop a marketing strategy Effective marketing starts with a considered, well-informed marketing strategy.A DOD marketing strategy helps you define your vision, mission and business goals, and outlines the steps you need to take to achieve these goals. A marketing strategy sets the overall direction and goals for your marketing, and is therefore different from a marketing plan, which outlines the specific actions you will take to implement your marketing strategy. Your marketing strategy could be developed for the next few years, while your marketing plan usually describes tactics to be achieved in the current year.Write a successful marketing strategy 1. Identify your business goals To develop your marketing strategy, identify your overarching business goals, so that you can then define a set of marketing goals to support them. 2. State your marketing goals Define a set of specific marketing goals based on the business goals you listed above. These goals will motivate you and your team and help you benchmark your success. Make sure your overall strategies are also practical and measurable.A good marketing strategy will not be changed every year, but revised when your strategies have been a chieved or your marketing goals have been met. Also, you may need to amend your strategy if your external market changes due to a new competitor or new technology, or if your products substantially change. 3. Research your market Research is an essential part of your marketing strategy. You need to gather information about your market, such as its size, growth, social trends and demographics (population statistics such as age, gender and family type).It is important to keep an eye on your market so you are aware to any changes over time so your strategy remains relevant and targeted. 4. Profile your potential customers Use your market research to develop a profile of the customers you are targeting and identify their needs. The profile will reveal their buying patterns, including how they buy, where they buy and what they buy. Again, regularly review trends so you don't miss out on new opportunities or become irrelevant with your marketing message.While you try to find new customers , make sure your marketing strategy also allows you to maintain relationships with your existing customers. 5. Profile your competitors Similarly, as part of your marketing strategy you should develop a profile of your competitors by identifying their products, supply chains, pricing and marketing tactics. Use this to identify your competitive advantage – what sets your business apart from your competitors. You may also want to identify the strengths and nakedness of your own internal processes to help improve your performance compared with your competition. . Develop strategies to support your marketing goals List your target markets and devise a set of strategies to attract and retain them. An example goal could be to increase young people's awareness of your products. Your corresponding strategies could be to increase your online social media presence by posting regular updates about your product on Twitter and Faceable; advertising in local magazines targeted to young peo ple; and offering discounts for students. 7. Use the ‘5 As of marketing' Identify your tactical marketing mix using the 5 As of marketing.If you can choose the right combination of marketing across product, price, promotion, place and people, your marketing strategy is more likely to be a success. 8. Test your ideas In deciding your tactics, do some online research, test some ideas and approaches on your customers and your staff, and review what works. You will need to choose a number of tactics in order to meet your customers' needs, reach the customers within your target market and improve your sales results.

I Could See the Man Was Very Unhappy

I could see that the man was very unhappy. As I watched him sitting by himself at the bus stop, a big brown paper parcel beside him, I felt my curiousity perk and was also strangely troubled. I sensed that the old man felt confused and needed someone to talk to. Yet I held back. The party was in half an hour. So I could not make the time for him. Besides, who was I introduced into another person’s privacy? These were my thoughts as I boarded the bus. As the bus drew away from the stop , I looked back at the lone figure on the bridge.A few minutes later, I was back at the same place. He was still there, still alone. I sat down beside him. Other people were ignoring us. I started a conversation with him. At first, he was startled and was silent. As time passed by and he could see that I was sincere, he began to talk. His name was Arthur Tan. Barely, fifteen years ago, he had been a happily married man with two lovely children performing well at school. It seemed that nothing cou ld upset his beautiful life. Then, on one cruise, his family decided to go along with him for a family vacation.It was a hectic time for him, but he thoroughly enjoyed their company. Everything went well until one night, when taking over the wheel, he fell asleep. His ship collided with an oil tanker and both sank. He was the sole survivor of this tragedy. Since that fateful day, Arthur had lived miserable life. With his family gone, his life seemed to lose all meaning. He spent his days in despondency and guilt. His friends shunned him ; hardly anyone spoke a kind word to him, he rarely even saw a friendly human face.He showed me the brown parcel. He had collected all the mementos of his happier life before the tragedy – his uniforms, certificates and his family photographs. He had wrapped all these precious things and tied them up in the big brown paper parcel. As I looked at his collection of memories, I understood his sadness. The people in the photographs were laughing a nd smiling happily. The Arthur Tan in the photographs was so different from the man I could see now in front of me.He started to reminisce, and I let him. I did not care that I was already late for the party. This was more important. He talked for two hours, telling me about his family and the happy times he had with them. Finally, he looked at me with tears in his eyes and said â€Å"Thank you†. Then he got up and left. I found myself sitting alone, hardly noticing the trickle of tears on my cheeks, watching him walk away. I was glad I had been there for him as all he wanted was a person to talk to.

Analysis of Salt in India

Syllabus of Second Year (Semester III/IV), MBA (Master of Business Administration) Course Code : MBT601-1 Course : Integrated Marketing Communication L: 3 Hrs. , T : 1 Hr. , Per Week Total Credits: 7 Objectives: The objective of this course is to provide the students with knowhow about Marketing Communication, Integration concepts, Media planning and buying concepts. Learning this course would equip the students in building there career in advertising and media planning. Unit I: Introduction to Marketing Communication Concept; Functional areas of Marketing Communications; How does marketing communication work.Concept of brand-customer touch points. Unit II: Concept of Integrated Marketing Communication planning process-identifying target audience, analyzing SWOT, determining marketing communication objectives, developing strategies and tactics, setting the budget and evaluating effectiveness. Concept of internal marketing. Unit III: Creative Concept and Messages; the message strategy brief, the creative process, Unit IV: Message Execution; Message storytelling, tone and style, copy writing, message consistency, the consistency triangle. Unit V :Media planning, media classification, media strengths and weaknesses, Audience management and measurement, out of home media, product placement. Unit VI: Media targeting, media profiles, CDI-BDI Determination, calculating reach and frequency, GRP and TRP concept and calculation, IMC media mix, calculating media cost, media scheduling. Text Book: 1. Principles of Advertising and IMC: Duncan, Tom. – McGraw Hill. Reference Books: 1. Integrated Marketing Communications: Pickton, D. and Broderick, A. – Prentice Hall. 2. Using advertising and promotion to build brands: Blyth, J. –Pearson 3. Advertising management by Jethwaney: Pub by Oxford. . Building the Indian Brand: Kapoor, MacMillan Syllabus of Second Year (Semester III/IV), MBA (Master of Business Administration) Course Code : MBT601-2 Course : Brand Management L:3 Hrs. , T:1 Hrs. , P:0 Hrs. , Per week Total Credits : 7 Objectives: The objective of this course is to teach students the broad topic of brand equity and brand management. Learning this course would help them to understand the key issues in planning and evaluating brand strategies. The course covers theories, models and other tools which are used to make better branding decisions. Unit I:Brands and Brand Management: What is a Brand? Why do Brands Matter? Can anything be branded? What are the strongest Brands? Branding challenges and opportunities, Brand equity concept, Strategic Brand Management Process The Customer Based Brand equity: Brand Knowledge; Building a Strong Brand, Brand-Building Implications. Unit II: Brand Positioning: Identifying and Establishing Brand Positioning, Positioning Guidelines, Defining and Establishing Brand Values, Internal Branding. Choosing Brand Elements to Build Brand Equity: Criteria for Choosing the Brand Elements, Options and Tactic s for Brand Elements.Unit III: Designing Marketing Programs to Build Brand Equity: New Perspective on Marketing, Product Strategy, Pricing Strategy, Channel Strategy. Leveraging Secondary Brand Knowledge to Build Brand Equity: Conceptualizing the Leveraging Process, Company, Country of Origin and other Geographic Areas, Channels of Distribution, Co- branding, Licensing, Celebrity endorsement, Sporting, Cultural, or Others Events, Third Party Sources. Unit IV: Developing a Brand Equity Measurement and Management System: The Brand Value Chain, Designing Brand Tracking Studies, Establishing a Brand Equity Management System.Measuring Sources of Brand Equity: Qualitative Research Techniques, Quantitative Research Techniques; Measuring Outcomes of Brands Equity: Capturing Market Performance, Comparative Methods, Holistic Methods. Unit V: Designing and Implementing Branding Strategies: The Brand-Product Matrix, Brand Hierarchy, Designing a Branding Strategy. Introducing and Naming New Prod ucts and Brand Extensions: New Products and Brand Extensions, Advantages of Extensions, Disadvantages of Brand Extensions, Understanding How Consumers Evaluate Brand Extensions, Evaluating Brand Extension Opportunities.Unit VI: Managing Brands over Time: Reinforcing Brands, Revitalizing Brands, Adjustments to the Brand Portfolio. Managing Brands over Geographic Boundaries and Market Segments: Rationale for Going International, Advantages of Global Marketing Programs, Disadvantages of Global Marketing Programs, Standardization versus Customization, Global Brand Strategy, Building Global Customer – Based Brand Equity Text Book: 1. Strategic Brand Management: Building, Measuring, and Managing Brand Equity, Kevin L. Keller, Pearson Education.Reference Books: 1. Brand Positioning: Strategies for competitive Advantage: Sengupta, Tata McGraw-Hill. 2. Strategic Brand Management by Richard Elliot:   Larry Percy, Oxford University Press, India. 3. Managing Brand Equity by Aaker D: Fr ee Press. 4. The New Strategic Brand Management: Jean-Noel Kapferer, Kogan Page. Syllabus of Second Year (Semester III/IV), MBA (Master of Business Administration) Course Code : MBT601-3Course : Retail Management L: 3 Hrs. , T : 1 Hr. , Per WeekTotal Credits: 7 Objectives:The subject is designed to understand the Retailing of Products and Services, the role of Retail in Economy and the various issues related to Retail like Infrastructure, Merchandising, Store Operations, etc. Unit I: Introduction: Retail in India, Size of Retail in India, Key Sectors, FDI in Retail, Challenges to Retail Development, Evaluation of Retail formats, Theories of Retail Development, Concept of Life Cycle in Retail, Business Models in Retail, Services Retail, India Specific Retail Models, Concept of Internationalization, Determining Market Entry, Retail in Asia.Unit II: Strategy & Planning: The need for Studying consumer behavior, Factors influencing the retail shopper, Customer Decision Making process, ma rket Research, Retail Strategy, Concept of Business Model, Growth Strategy, Retail Value Chain, Ethics in Retailing, Types of Retail Locations, Stepin in choosing location, Methods of evaluating trade area, Retail Franchising, Types of franchising, Advantages 7 Disadvantages of Franchising, Franchising in India, Legal Issues. Unit III:Merchandise Management: Factors affecting Buying decisions, The merchandiser’s role and responsibility, Buyer role and responsibility, Function of buying for different types of organizations, Buying for a single / independent store, Concept of lifestyle merchandising, Implications of Merchandise planning, Process of Merchandise planning, Technology tools for merchandise planning, Methods of Procurement, Sourcing, Age of Global Sourcing, Retailing pricing & evaluating Merchandise performance.Unit IV: Managing Retail: Private Labels, Need and Evolution of Private Labels, Process of Creation, Category Management, Reasons for Emergence of Category M anagement, Components of Category Management, Category Management Business Process, Drawbacks of Category Management, Store Operations & Profitability, Key components in Retail Operations, Retail Economics, The 5Ss of Retail Operations.Unit V: Creating and Sustaining Value: Store Design & Visual Merchandising, Concept & Principles of Store Design, Elements of Store Design, Visual Merchandising, Servicing the Retail Customer Measuring gaps in service Gathering Customer Information & Enhancing Loyalty CRM, Personal Selling, Retail Selling process. Unit VI:Marketing & Technology: Retail marketing & Branding, Retail Marketing Mix, The STP approach, Retail Image, Retail Communication Mix, Concept of Branding, Retail Management Information Systems, Unique Needs of Technology in Retail, Need for Product identification, Importance of IT in retailing, Factors affecting use of technology, Applications of Technology, Internet Retailing, Supply Chain Management, Concept, Need & Evolution, SCM F ramework, Integration of SC, Innovations in Supply Chain, Collaborative Planning Forecasting & Replenishment (CPFR).Text Book: 1. Retail Management, 3rd Edition: Swapna Pradhan, McGraw Hills Publications, Reference Books: 1. Managing Retailing: Sinha Uniyal, Oxford Publications 2. Retail Management: A Global Perspective, – Singh, Dr. Harjit, S. Chand Publications Syllabus of Second Year (Semester III/IV), MBA (Master of Business Administration) Course Code : MBT601-4Course : Sales and Distribution Management L: 3 Hrs. , T : 1 Hr. , Per WeekTotal Credits: 7 Objectives:The objective of the course is to familiarize the student with the sales operations and sales management functions and distribution management. Endeavor is to provide both theoretical inputs and applications of practical aspects. Unit I: Introduction to sales management, building selling skills and selling strategies, understanding the sales process. Unit II: Purpose, Setting up a sales organization, Basic types of sales organization. Managing sales territory, Managing sales quota Unit III:Recruiting and selecting sales personnel, determining the kind of salespeople, determining size of the sales force; Training salespeople: Developing and conducting sales training programmes, Defining training objectives, deciding training content, selecting training method. Unit III: Designing and administrating compensation plans, Types of compensation plans and requirements of a good compensation plan; Motivating salespeople: Meaning, Need gratification and motivation, Interdependence and motivation, Motivation and leadership. Unit IV:Supervising and evaluating salespeople-Setting standards of performance, Quantitative and qualitative performance criteria, Controlling salespeople through supervision. Unit V: Introduction to channel management. Distribution channel strategies. Designing Customer Oriented Marketing Channels. Unit VI: Managing Channel member behavior: Channel relationships, control, positi oning and conflict. Managing International Channels of Distribution. Text Book: 1. Sales & Distribution Management: by Tapan Panda –publisher, Oxford Publication. Reference Books: 1.Sales Management: Chunawalls, S A, Himalaya Publishing House 2. Sales Management: Pradip Kumar Mallik, Oxford Publication 3. Physical Distribution Management: Kulkarni, M V, Everest Publishing House 4. Marketing Management: V S Ramaswami& S Namkumari, Macmillan India Ltd 5. Sales & Distribution Management: by Krishna K Harvadkar -publisher: McGraw Hill. Syllabus of Second Year (Semester III/IV), MBA (Master of Business Administration) Course Code : MBT601-5Course : Services Marketing L: 3 Hrs. , T : 1 Hr. , Per WeekTotal Credits: 7 Objectives:The objective of the course is to help students gain knowledge and skills in dealing with marketing of services. To accomplish this, the student will be exposed to a series of cases, which demand commitment from him/her. The course includes the services marke ting concepts, characteristics, challenges and strategies, consumer behavior to services, employees’ and customers’ roles in service delivery, managing demand and supply, and the design and development of effective service system. Unit I: Introduction to Services: What are services? Why services marketing?Characteristics of services, challenges in services marketing. Services marketing mix. Unit II: Consumer Behavior in Services: Search, Experience, and Credence properties Customer choice, Consumer experience, Postexperience evaluation, Customer Expectations in Services – Meaning and types of service expectations, Factors that influence customer expectations of services, Issues involving customer service expectations. Unit III: Customer Perceptions in Services: Customer perceptions, Customer satisfaction, Service quality, the gaps model of service quality.Service encounter, Service Recovery – The impact of service failure and recovery, how customer respon d to service failure, Customers’ recovery expectations, services recovery strategies. Unit IV: Service Development and Design: New service development, Service blueprinting, Customer Defined Service Standards – Factors necessary for appropriate service standards, Types of customer-defined standards. Physical Evidence and the Servicescape – Physical evidence, Types of Servicescape, Strategic roles of the Servicescape.Unit V: Employees’ Role in Service Delivery: Service culture, the critical importance of service employees. Customers Role in Service Delivery: The importance of Customers in service delivery, Customers’ role, Strategies for enhancing customer participation Unit VI: Managing Demand and Capacity: The underlying issue: Lack of Inventory capability, Demand pattern, Strategies for matching capacity and demand, waiting line strategies, Pricings of services – Approaches to pricing services, Pricing strategies. Text Book . Services Mark eting: Govind Apte, Oxford University Press Reference Books: 1. Services Marketing: Valarie A Zeithaml, Dwayne D Gremler et al, Tata McGraw-Hill 2. Services Marketing: Harsh Verma, Pearson 3. Services Marketing: Vinnie Jauhari, Oxford University Press 4. Services Marketing: Rajendra Nargundkar, Tata McGraw-Hill 5. Services Marketing: K. Rama Mohana Rao, Pearson Syllabus of Second Year (Semester III/IV), MBA (Master of Business Administration) Course Code : MBT601-6Course : Rural MarketingL: 3 Hrs. , T : 1 Hr. , Per WeekTotal Credits: 7 Objectives: A complete understanding of rural market environment and rural economy, rural marketing strategy, future prospects and understanding Government policy measures for developing Agricultural marketing Unit I: The Rural Economy: The economic scenario in rural India – the transition of rural economy – the Rural economic structure – the rural infrastructure – Rural marketing environment – the Role of Government in the development of Agricultural marketing Unit II:Rural Consumer Buying Behavior: Characteristics of rural consumer – Factors affecting consumer behavior –Consumer buying process – Opinion leadership process – Brand management in rural market Unit III: Rural Market Research: Need and importance: Primary Data collection and interpretation – Field procedures and rural realities P. R. A. Technique. Unit IV: Targeting, Segmentation and Positioning in Rural Market: Basis of segmentation – Selecting and targeting segment – Positioning decision – Rural marketing initiative by Corporate Sector Unit V:Rural Marketing Strategy: Product Strategy – Pricing strategy – Distribution strategy – Communication strategy, Marketing of Agri- inputs-Seeds, Fertilizers, Pesticides and Tractors. Unit VI: Innovation in Rural Marketing and Financial services: Innovation in Rural Marketing: E-Rural marketing – Organized re tailing – Cooperative marketing Financial services: An overview of financial services – Sources of Credit – Innovative credit delivery system like Kisan credit card – Micro finance – Chit funds – Cooperative credit – Crop insurance Text book 1.The Rural Marketing: by Pradip kashyap & Siddhatha Raut (Publisher: Biztantra) Reference Books: 1. Rural Marketing: By Balram Dogra & Karminder Chuman (Publisher: Tata McGraw Hill Edu Pvt Ltd) 2. Introduction to Rural Marketing: By R. Krishnamoorthy (Publisher: Himalaya Publishing House) 3. Rural Marketing Text and Cases: By U C Mathur (Publisher: Excel Books) 4. Rural Marketing: by R V Bedi & M V Bedi (Publisher: Himalaya Publishing House) Syllabus of Second Year (Semester III/IV), MBA (Master of Business Administration) Course Code : MBT601-7 Course : Consumer Behaviour & Marketing Research L:3 Hrs. T:1 Hrs. , P:0 Hrs. , Per week Total Credits : 7 Objectives: This course is designed as an over view of the Consumer Behaviour and its image in Marketing Management. The course will cover the evolution of Consumer Research, Individual determination of Consumer behaviour, Influence and Decision Making of the market king. The objective of this course is to give exposure in practice of the Consumerism in modern marketing and that will allow you to develop your own frame work for understanding the behavior of consumer.Unit I: Consumer Behaviour- An Overview: Introduction, Meaning, Definition, Scope, Relevance of Consumer Behaviour, Development of Consumer Behaviour study, Growth of Consumer Research, Consumer Behaviour and Marketing Management; Consumer Decision Making, Trends in Consumer Behaviour. Unit II: Consumer Modelling: Models of Consumer Behaviour, Haward Sheth Model of Buying Behaviour, The NICOSIA Model, The ENGEL-KOLLAT-BLACKWELL Model, WEBSTAR AND WIND MODEL of Organizational Buying Behaviour. Unit III:Individual Determination of Consumer Behaviour: Consumer Perceptio n, Internal & External Factors, The Perceptual Process, Consumer Imagery and Marketing Implication; Learning- Definition, Elements and Process of Learning, Types of Learning Processes, Classical Conditioning, Consumer Memory, Observational Learning or Modeling, Low Involvement Theory. Unit IV: Consumer Decision Making: Consumer Decision Making- Meaning, Views, Types of Decision Making in buying, Process of Decision Making, Consumer Information Processing, Models of Consumer Decision Making; Types ofHousehold, Household Life Cycle, A Model of Household Decision Making. Unit V: Consumer Research: Consumer Research Paradigms, Consumer Research Process- Developing Research Objectives, Collecting Secondary Data, Designing Primary Research, Data Analysis and Reporting Research Finding, Conducting the Research study. Unit VI: Advertising & Media Research: Importance of Advertising, Need for Advertising Research, Media Research, Copy testing Advertising Research Studies in India, Evaluation of Advertising Research, Ethics in Consumer Research.Text Book 1. Consumer Behaviour In Indian Perspective, Text and Cases: Suja R. Nair, Himalaya Publishing House Reference Books: 1. Consumer Behaviour In Indian Context: P. C. Jain & Monika Bhatt, Sultan Chand, New Delhi 2. Consumer Behaviour: Leon & Kannuk, Prentice- Hall of India LTd, New Delhi. 3. Marketing Research: Beri, McGraw-Hill Education Private Ltd, New Delhi. 4. Consumer Behaviour: Ramanuj Majumdar, PHI Learning Private Ltd, New Delhi 5. Consumer Behaviour: Hoyer Maclnnis Dasgupta, Biztantra- New Delhi.Syllabus of Second Year (Semester III/IV), MBA (Master of Business Administration) Course Code : MBT601-8 Course : Customer Relationship Management L:3 Hrs. , T:1 Hrs. , P:0 Hrs. , Per week Total Credits : 7 Objectives: The purpose of this course is to make the students understand the organizational need, benefits and process of creating Long-term value for individual customers. It aims to develop an understanding of wha t CRM means to businesses, plus why and the how of putting a CRM Program into action. Unit I :Customer Relationship Management- Basic Concepts: Key Customers, Considerations to Decide the Key Customers, Strategies for Key Customers, Segmentation, Campaign Management, Single Customer View, Cross-Selling and Up-Selling, Multi-channels, Operational and Analytical CRM, Case-Study. Unit II: Planning for CRM: Building Customer Centricity, Setting CRM Objectives, Defining Data Requirements, Planning Desired Outputs, Relevant Issues while planning outputs, Elements in CRM Plan, Relevant Issues in the CRM Plan, Case Study.Unit III: CRM Strategy: Strategic Orientation for CRM, Extending the Concepts of Relationships, Technology Orientation, Strategic Framework for CRM, Planning for Success, Change Management, Case Study. Unit IV: CRM Implementation: Preparing for CRM Implementation, Dimensions and Technology Issues in CRM Implementation, Steps in CRM Implementation, Expected Benefits, Choosin g Right CRM Implementation Approach, CRM Implementation-Best Practices, Case Study. Unit V:Role of IT and eCRM: CRM Strategy and Technology, Steps in Preparing the IT Systems for CRM, Using IT Systems for Better CRM, Issues for Consideration in CRM Tool Selection, Tools for CRM, Basic Concepts for eCRM, Benefits of eCRM, Steps in eCRM, Success Factors in eCRM, Establishing Customer Relationships on the Internet, Case Studies. Unit VI: CRM in Practices: CRM in Manufacturing, CRM in Insurance, CRM in Airlines, CRM in Hotels and CRM in Telecom. Text Book: 1. Customer Relationships Management: Kaushik Mukherjee, Prentice Hall of India. Reference Books: 1.The CRM Handbook: Jill Dyche, Vikas Publishing House. 2. Customer Relationships Management: William, G. Zikmund, Raymund McLeod Jr. and Faye W. Gilbert, Wiley. 3. CRM-Essential Customer Strategies for the 21st Century: Paul Greenberge, Pearson Education. 4. Customer Relationship Management: Mohammed, H. Peeru and a Sagadevan, Vikas Publ ishing House. Syllabus of Second Year (Semester III/IV), MBA (Master of Business Administration) Course Code : MBT602-1 Course : Corporate Taxation L:3 Hrs. , T:1 Hrs. , P:0 Hrs. , Per week Total Credits : 7 Objectives:This course aims to provide a strong conceptual foundation in corporate taxation & exhaustic analysis on calculations of Income from Business & Profession, VAT, Service Tax, Central Excise Laws, Custom Laws & Filing of Returns. Unit I: Definition of Income & Assessee: Previous year, Assessment year, Gross total income, Total taxable income, Residential status, Agricultural income. Unit II: Income from Business & Profession and Income from capital gains in relation to corporates Unit III: Income exempt from tax & Assessment: Deductions. Set off & Carry forward of losses, TDS, Self-assessment tax, Filing of return.Unit IV: Central Excise Laws &Customs Laws: Basis of chargeability of duties of central excise- goods, Manufacture, Classification and valuation of excisable goods- specific issues and case studies; Nature of customs duty, Types of customs duty, Classification for Customs and rate of duty, Valuation for customs duty, Provisions regarding baggage. Unit V: VAT: concept, Applicability, Procedures involved and implications of the VAT, Introduction to CST. Unit VI: Service Tax: Provisions of law and procedures; Various Services covered under Service Tax. Reference Books: 1.Direct Taxes: Ahuja, G. K. & Gupta, Ravi, Bharat Law House. 2. Indirect Taxes : Datey V. S. , Taxmann Publications, New Delhi 3. Direct Taxes Law & Practice: Bhagwati Prasad, WishwaPrakashan. 4. Income Tax, Bombay: Kanga, J. B. and Palkhivala, N. A. , N. M. Tripathi. 5. Direct Taxes Law and Practice: Singhania V. K. , SinghaniaKapil, Singhania Monica, Taxmann Publications, New Delhi. Syllabus of Second Year (Semester III/IV), MBA (Master of Business Administration) Course Code : MBT602-2 Course : Security Analysis & Portfolio Management L:3 Hrs. , T:1 Hrs. P:0 Hrs. , Per we ek Total Credits : 7 Objectives: This course aims to provide knowledge about security analysis & Portfolio Management. It covers various points such as, investments & its various avenues, analysis of capital market, various risk-return model, efficient market theory, & process of portfolio construction. It aims to provide the students of finance stream, the thumb rules of analyzing security market to reduce risk & enhance returns. To accomplish this, the student will be exposed to a series of cases, which demand commitment rom him/her. Unit I: Capital Markets: Overview of money markets, History of Indian capital markets, Capital market scams, Reforms in capital markets, Primary Markets – free pricing, book building, Private placements, Secondary Markets – Organization, membership, and management of stock exchanges, Listing, trading, clearing and settlement mechanism, Listing categories, BSE, NSE, measures to boost liquidity in the secondary market, reforms in secondary markets and its impact, Internet trading.Unit II: Investment scenario & Risk & Return analysis: Investor life cycle and investment goals, Investment options available and their comparison, investment constraints, Definition and Measures of return and risk – historical rates calculation, Expected rates, required rate of return, risk free rate of return, & measurement of risk in portfolio context Unit III:Efficient capital markets Hypothesis & capital Market Theory: Need, EMH – forms, tests and results, Implications of efficient capital markets; Random walk Hypothesis, Indian Markets and Efficiency, Capital Market theory – Background, risk free asset, Markowitz portfolio theory, the market portfolio; capital asset pricing Model, systematic and unsystematic risk, CML, SML; Arbitrage pricing theory – empirical test of APT, Stability of beta. Unit IV:Fundamental and Technical Analysis: Concept, & process of fundamental analysis , Economy analysis, sector anal ysis, company analysis;, Tools and techniques of fundamental analysis, business cycle and industry life cycle analysis. Analysis of growth companies, Concept of technical analysis, Assumptions, advantages and challenges; fundamental Vs. technical analysis, Tools and techniques for analysis; Dow theory, basic types of charts, Price patterns, Trendlines, moving averages and advanced technical tools. Unit V:Equity & Debt portfolio Management strategies, Optimum Portfolio Selection & Revision and Performance measurement: approaches to equity investment, passive & active styles, Equity style management, cross-border strategies, role of fixed income securities in a portfolio, & fixed income portfolio management strategies, Optimum Portfolio Selection & Revision –portfolio diversification, Optimal portfolio selection, portfolio revision& its techniques, transaction cost, portfolio monitoring & rebalancing, issues in portfolio rebalancing * selection & revision of equity portfolios, Performance measurement – Concept, Measures available–Treyner, Sharpe, Jensen, performance attribution analysis and Measuring market timing skills. Unit VI: Mutual funds and AMCs: concept, origin and growth of mutual funds, constitution & management of MFs – Sponsors, Trustees, AMCs, and custodians; Classification of mutual fund schemes, advantages and disadvantages in mutual fund schemes, NAV and pricing of mutual fund units; State of mutual funds in India. Text book 1. Investment Management-Security Analysis & Portfolio Management: by V. K. Bhalla, S. Chand.Reference Books: 1. Investment Analysis and Portfolio Management: by Prasanna Chandra, Tata McGraw Hill Publishers  1/E, 2002 2. Investment Science: David G. Luenberger, Oxford Univeristy Press. 3. Financial Management: R. P. Rustagi, Galgotia Publication House. 4. Investment: William Sharpe (PHI) 5. Security Analysis and Portfolio Management: V. A. Avadhani, Himalaya Publishing House Syllabus of Second Y ear (Semester III/IV), MBA (Master of Business Administration) Course Code : MBT602-3 Course : International Financial Management L:3 Hrs. , T:1 Hrs. , P:0 Hrs. , Per week Total Credits : 7 Objectives:This course aims to provide a strong conceptual foundation & exhaustic analysis on recent developments in the world monetary & financial system, & changing role of international financial managers in the volatile global forex markets. To accomplish this, the student will be exposed to a series of cases, which demand commitment form him/her. Unit I: Financial Management in global context: Role of Finance Manager in Global context, objectives of the firms and impact of risk, Constraints to maximization of value of firm, Exchange Rate Regimes, Emergence and Functions of IMF; Exchange Market; Exchange Dealers; RBI and Exchange Market; Exchange Rate System in India; Floating Vs. Fixed Exchange Rates. Unit II:Foreign Exchange Market Components And Activities: Defining Forex markets & the exc hange rates; Exchange Rate Mechanism, Quoting Foreign Exchange Rates- Spot Rate, Forward Rate, Cross rates and Problems from Exchange rate calculations, Forward contract, Hedging, Speculation, Arbitrage, Interest rate Arbitrage, Swaps-characteristics & uses, Indian Forward market. Unit III: Foreign Exchange Risk Exposure its & management: Meaning of exposure, Types, Causes of changes, Translation & Transaction Exposure, Economic & operational exposure- meaning & its impact on exporter & importer , Currency & interest rate risk, Country Risk management. Unit IV: Management of Long & Short term International financing: Concept of Foreign Investment – Direct & Portfolio, Commercial Borrowings, GDRs, ADRs, Euro Issues, ECBs, Syndicated Credit, Short term sources of finance for MNCs, International forfeiting, international leasing, Euro Currency market, Asian Currency Market; Petro – Dollar Market. Unit V:International Capital Budgeting & Capital structure of MNCs: Concept, Basic inputs for project evaluation, Problems associated with multinational capital budgeting, Evaluation of a project using various methods, International Cash management, Cost of Capital & International Financial Environment, theory of optimal capital structure, & the dilemma of finance manager. Unit VI: Multinational Tax Environment: Important types of taxes that MNCs face, tax treaties & tax heavens; Indian Tax environment: Incentives for earnings in Foreign exchange, double taxation relief, transfer pricing. Text Book: 1. International Financial Management: A. K. Seth, Galgotia Publishing Company. Reference Books: 1. International Financial Management: P. G. Apte, Tata Mcgraw–Hill 2. International Finance: Thomas J. O’Brien, Second edition, Oxford University Press. 3. International Financial Management: Sharan , Prentice–Hall 4.Multinational Financial Management: Shapiro ,Prentice–Hall Syllabus of Second Year (Semester III/IV), MBA (Master of Busine ss Administration) Course Code : MBT602-4 Course : Financial Risk Management L:3 Hrs. , T:1 Hrs. , P:0 Hrs. , Per week Total Credits : 7 Objectives: This course aims to provide a strong conceptual foundation about risk management, future & Option markets, Swaps, Insurance etc. It gives an exhaustic analysis on recent developments in the future & option market & how to calculate VAR. To accomplish this, the student will be exposed to a series of cases, which demand commitment form him/her. Unit I:Introduction to Risk Management: The meaning of risk, How risk is managed, Limitations of Risk Management, Corporate Risk Management, Approaches to Risk Management, The Process of Risk Management, Techniques of Risk Management. Unit II: Mechanics of the Futures Market: Meaning and Definition, Types of futures, Mechanism of the Futures Market, Motives behind using Futures, Stock and Index Futures, Currency Futures, Interest rate Futures, Commodity Futures. Unit III: Options: Concept of Option s, American and European Options, Option pricing models, Exotic Options Unit IV: Financial Swaps: The Concept of Swaps, Interest rate swaps, Currency swaps, Pricing of Swaps. Unit V: Value at Risk: The Concept of VaR, How VaR is calculated, Uses and limitations of VaR. Unit VI:Introduction to Insurance – Life and Non-Life: Meaning and Nature of Insurance, Classification of Insurance, Elements of an Insurance Contract, various types of Life and Non-Life Insurance. Text Book: Options, Futures & Other derivatives: by John C. Hull, Pearson. Reference Books: 1. Financial Management: Theory Concepts & Problems by Dr. R. P. Rustagi,Taxmann. 2. Financial Management: by Rajiv Shrivastava and Anil Mishra, Oxford Publications. 3. Insurance & Risk Management: Dr. P. K. Gupta, Himalaya Publishing House Syllabus of Second Year (Semester III/IV), MBA (Master of Business Administration) Course Code : MBT602-5 Course : Project Planning & Financing And Mergers & Acquisitions L:3 Hrs. , T:1 Hrs . , P:0 Hrs. , Per week Total Credits : 7 Objectives:This course is divided into two parts the first part aims to study all about project management, Idea generation, Evaluation of the project, Loan documentation etc. The second part analyze & gives an in-depth explanation of the concepts, processes, issues & pitfalls involved in M & As & corporate restructuring using a lucid style. To accomplish this, the student will be exposed to a series of cases, which demand commitment form him/her. Unit I: Introduction to Project Management: (a)Planning: Generation & Screening of project ideas, Market & Demand Analysis, Technical Analysis , Financial estimates & projections (b) Sources of Financing – Term Loan, Venture Capital, Private Equity, Debentures, Shares, etc.. Unit II:Evaluating the Project: Nature and significance, techniques of evaluation –Pay Back Method, Accounting rate of return, Net Present Value and profitability index. Risks attached to the project (A review of project risks identification, allocation, and management). Unit III: Project Report and Lender’s Analysis: Components, Details of the company, its promoters, project, finances required, profitability, etc.. ; Loan Documentation – Appraisal of term loans by Financial Institutions. Basic components of project finance; Financing of small scale industry – Meaning, importance, growth of SSIs, Special financing needs and sources, issues & implications. Unit IV:Mergers & Acquisitions:Forms of Corporate Restructuring, Different forms of M&A, M&A Process, Participants in the M&A Process, Post closing Integration, Due Diligence, Reasons for failure of M&A. Unit V: Methods of Valuation of Firms: Various approaches to Valuation, Role of Valuation, DCF Model, Equity Valuation Model, Firm Valuation Model. Unit VI: Takeover Defenses: Friendly vs. Hostile Takeovers, Takeover defenses, Preventive Anti-takeover measures, Corporate Charter amendments, Golden Parachute, Active Anti -takeover defenses, Regulation of Takeovers in India. Text Books: 1. Project Planning Analysis, Selection, Implementation and Review: Prasanna Chandra, TMH 2. Financial Management – Theory Concepts & Problems: Dr. R. P. Rustagi,Taxmann.Reference Books: 1. Project Management and Control: Narendra Singh, Himalaya Publishing House 2. Financial Management: Rajiv Shrivastava and Anil Mishra, Oxford Publications. Syllabus of Second Year (Semester III/IV), MBA (Master of Business Administration) Course Code : MBT602-6 Course : Indian Banking and Financial System L:3 Hrs. , T:1 Hrs. , P:0 Hrs. , Per week Total Credits : 7 Objectives: This course analysis & discusses the new challenges & new initiatives of banks & their unique role in the economy. To accomplish this, the student will be exposed to a series of cases, which demand commitment form him/her.The course includes the fundamentals of Banking, Commercial Banks & their role, NBFC’s, & Management of Asset Liability Managem ent. Unit I: Indian Financial System: Financial Intermediation, Introduction to Indian Banking System, Regulatory Framework, Sources of Funds, Application of Funds. Unit II: Commercial Banks I: Introduction to Bank’s Financial Statements, Analysis of Balance Sheet items, Deposits, Lending Function, Loan Policy, Loan Pricing, Credit Risk and Loan Losses. Unit III: Commercial Banks II: Investment Portfolio of Banks, Non Fund based Services, Plastic Money, SLR requirements, Capital Adequacy requirements, BASEL II Unit 4:Development Financial Institutions: Role of DFIs in the Financial System, Operations of major FIs in India – IFCI, ICICI, IDBI, SIDBI, Regulatory Framework for FIs Unit 5: NBFCs: Definition, Types and Services, Regulatory framework, Capital Adequacy Requirements. Unit 6: Asset Liability Management: ALM, Interest Rate Risk management Liquidity risk Management. Reference Books: 1. Principles of Bank Management: Vasant Desai, Himalaya Publishing house, Delhi 2. Basics of Banking & Finance: Dr. K. M. Bhattacharya, Himalaya Publishing House 3. Banking Theory, Law & Practice: Gorden&Natrajan, Himalaya Publishing House 4. Banking Theory & Practice: Dr. P. K.Shrivastava, Himalaya Publishing house, Delhi Syllabus of Second Year (Semester III/IV), MBA (Master of Business Administration) Course Code : MBT602-7 Course : Financial Services & Merchant Banking L:3 Hrs. , T:1 Hrs. , P:0 Hrs. , Per week Total Credits : 7 Objectives: This course covers the various financial services and their role in the economic development along with the concept of Merchant Banking in detail Unit I: Financial Services: Concept, objectives, characteristics, issues, kinds of financial services Unit II: Marketing of Financial Services: Conceptual Framework, Distribution Pricing, Promotion, Attracting & retaining customers. Unit III:Financial Services Market: Concept, Constituents, Growth of financial services in India, problems of finance services sector, Regulatory fr amework. Unit IV: Merchant Banking: Introduction, nature, Role of Merchant Bankers in Economy, Functions of merchant bankers, Code of conduct for merchant bankers. Unit V: Merchant Banking in India: Legal & Regulatory Framework and relevant Provisions, SEBI guidelines for Merchant Bankers, present state of Merchant banking in India. Unit VI: Issue Management: Concept, pre and post issue activities, role of merchant banker in Issue management and Mergers and Acquisitions Text Book: 1. Financial Services: M. Y. Khan, Tata McGraw Hill 2010Reference Books: 1. Financial Services: Gurusamy, Tata McGraw Hill 2010 2. Financial Services: Tripathy, Prentice Hall of India 2009 3. Financial Markets and Institutions: Madura, Thomson, 2009 Syllabus of Second Year (Semester III/IV), MBA (Master of Business Administration) Course Code : MBT602-8 Course : Management Control System L:3 Hrs. , T:1 Hrs. , P:0 Hrs. , Per week Total Credits : 7 Objectives: This course aims at students should gain knowled ge, insights and analytical skills related to how a firm’s managers go about designing , implementing and using the planning and control, system to implement the firms strategy. Unit I:Definition and Concept of Management Control, Subsystems of Management control-Strategic Control, operational control and task control, Functions of management accountant and controller, Impact of changing business environment on management accounting and control systems, Requisites for designing and implementing management control systems. Goal congruence – cybernetic paradigm of Grissinger – functions of the controller. Unit II: Responsibility Centers – Types of Responsibility centers – Expense Center, Profit Centers and Investment Centers – Budgetary Control as a tool for Management Control System – Engineered , Discretionary and Committed Costs. Approaches to Budgeting w. r. t. Engineered and Discritionary costs, Benchmarking and total cost manageme nt. Unit III:Transfer Pricing (Market Based and Cost Based): Related numerical problems – return on Investment, Economic Value Added, Capital Budgeting and Ratio Analysis as a tool to Management Performance Measurement. Unit IV: Management control system in service sector vis-a-vis in manufacturing sector. Financial and Non- Financial Performance measures w. r. t. balance score card (Rock Water’s Model) Unit V: MIS- Management Information System & ERP Unit VI: Introduction to Audit Functions as a control tool covering financial audit, internal audit and Cost Audit- management audit – principles and Objectives. Text Book: 1. Management Control System: 10th Edition – Anthony and Govindrajan, Tata McGraw HillReference Books: 1. Practical Auditing: B. N. Tondon 2. Management Control System: Kirby. Syllabus of Second Year (Semester III/IV), MBA (Master of Business Administration) Course Code : MBT603-1 Course : Performance Management & Compensation L:3 Hrs. , T:1 Hrs. , P:0 Hrs. , Per week Total Credits : 7 Objectives: This course seeks to expose students to fundamental theories and best practices in performance management. It will also try to illustrate the dynamic nature of performance management through the presentation of new ideas and controversial issues. It will enable students to link performance to rewards & compensation. Unit I:Performance Management: Overview, concept, purpose, significance, characteristics, process of Performance Management & Compensation (PMS). Emerging Trends in PMS Unit II: Planning employee performance and development: Basic concepts, Components of Performance & Development Plan (PDP), Benefits of PDP Unit III: Monitoring Performance & Mentoring: Introduction, performance review, conducting review meeting, frequency of review, self-assessment. Concept of Mentoring, benefits, process of mentoring, coaching for performance improvement. Unit IV: Stock taking Performance: Introduction, Purpose of Stocktaking, Different approaches of appraisal, Stock taking potential, Tools for Stocktaking potential Unit V:Appraising for Recognition & reward: Methods of Appraisal, Errors during Appraisal, Appraisal for rewards, Appraisal for successful recognition Unit VI: Reward and Compensation management: Concept and types of compensation, Competitive imperatives, Equity in compensation, Designing compensation, fringe benefits, retirement benefits Text Book: 1. Performance Management: Prem Chadha, Publication –Macmillan Reference Books : 1. Human Resource Management: Snell & Bohlander, Publication – Thomson 2. Compensation: Milkovich & Neman, Publication – McGraw –Hill 3. Human Resource Management: Gary Dessler Publication – Thomson 4. Managing Human Resources: Monappa, Publication – MacmillanSyllabus of Second Year (Semester III/IV), MBA (Master of Business Administration) Course Code : MBT603-2 Course : Management Of Change And Organizational Effectiveness L :3 Hrs. , T:1 Hrs. , P:0 Hrs. , Per week Total Credits : 7 Objectives: The student will be exposed to various types of organizational change. The course will also enable them to identify the strategies for managing change in different scenarios. The course will also help the students to evaluate the different change strategies implemented in the organization. Unit I: Introduction to Managing Change: Concept of change, types of change, steps to manage change, Role of HR strategies in implementing change, Implementation & impact of change. Unit II:Organizational Structure & Management of Change: Concept, Organizational change, Organizational structure, Structure & strategic change, Systematic approach to implement change, Resistance to change, Force field theory of change, Dominos effect, power politics and ethics, OD Interventions. Unit III: Organizational Culture & the Management of Change: Organizational culture, Martin’s perspective on the study of culture, Hofstede’ s & Schein’s perspective of organizational culture, Strategies for cultural change, Parameters of cultural change, Realigning culture in the organization. Unit IV: HRD & Management of Change: Concept of HRD, Strategic change & HRD, Strategic integration & orders of strategic integration, Development of managers, Process of Staff development, Recruitment & selection & management of change, Performance management & management of change. Unit V:Role of Change Management in Downsizing and Mergers & Acquisitions: Concept of Downsizing, Need & problems related to downsizing and mergers & acquisitions, Handling psychological states of employees in downsizing and mergers & acquisitions, Implications related to them, Strategies to be used in downsizing and mergers & acquisitions to have effective change, Principal determinants, Theories of Intervention to manage downsizing. Unit VI: Evaluating & Promoting Change: Approaches to evaluate & promote change, Evaluation research, The action research spiral, Clarity of purpose & strategies, Gathering data for analysis, Analysis & feedback. Textbook: 1. Managing Change: Adrian Thronhill, Phil Lewis, Mike Millmore, Mark Saunders; Pearson Education Limited Reference Books: 1.Change Management: CSV Murthy; Himalaya Publishing House 2. Essentials of Human Resource Management and Industrial Relation: Dr. P. Subba Rao; Himalaya Publishing House 3. Organisational Behaviour: K Aswathappa Himalaya Publishing House Syllabus of Second Year (Semester III/IV), MBA (Master of Business Administration) Course Code : MBT603-3 Course : Group Behaviour And Transactional Analysis L:3 Hrs. , T:1 Hrs. , P:0 Hrs. , Per week Total Credits : 7 Objectives: To help students understand how people act, think, and feel in organizational settings and how to form better relationships by achieving human objectives, organizational objectives, and social objectives.The study of Organizational Behavior and Transaction Analysis will facilitate the process of explaining, understanding, predicting, maintaining, and changing employee behavior in an organizational environment. Unit I: Personality and Perception – Determinants of personality, Types of personality, Theories of personality, Perception & O. B. , Managing the perception process, Components of attitudes, formation of attitudes, changing attitude. Unit II: Group Behavior – Groups, reason for people to work in groups, Group Development – Stages, Strategies, Group Behavior Model, Roles in Groups, Roles – Identity, Perception, Expectation, Differentiation. Unit III:Group Behavior Functioning – Theories of Group Behavior Functioning, Influence of group behavior on work assignment, Group Potential, Group Cohesiveness, Groupthink, Group Productivity & Group Performance. Unit IV: Group and Team Dynamics – Nature of teams, types of teams, benefits from teams, types of groups, group development, determinants of group behavior Teams vs. Groups. U nit V: Power & Conflict – Power dynamics, sources of power, power tactics, nature of conflict, types of conflict, Conflict process, levels of conflict, conflict resolution, cases on power & conflict. Unit VI: Transactional Analysis – Ego states and their identification, Types of Transactions, Cases on T A.Introduction & background, Positions of change, Child, parent & adult, Families & children Test Book 1. Organisational Behaviour: K. Aswatthappa, Himalaya Publishing House. Reference Books: 1. The Dynamics of Group Behaviour: Concepts, Principles and Practices, M. Gangadhara Rao and Surya P. Rao (2007), Kanishka Prakshan 2. Organisational Behaviour: Fred Luthans, McGraw- Hill Publishing co. ltd. 3. Organisational Behaviour: Robbins, Prentice hall of India Syllabus of Second Year (Semester III/IV), MBA (Master of Business Administration) Course Code : MBT603-4 Course : Training & Development Practices L:3 Hrs. , T:1 Hrs. , P:0 Hrs. , Per week Total Credits : 7 Objectiv es:This course will enable the students to understand the Function of Training & Development followed in the organizations. It will take a holistic view of this function & will discuss identification, design & evaluation of training programs in detail. The course will also discuss best practices of Training & Development in different organizations. Unit I: Training and Development: Introduction, Nature of training, Significance of training, Scope & Objectives of training, Benefits of training, Philosophy of training. Difference between Training & Development. Unit II: Training Need Analysis – Identification of training needs, Thayer & McGhee Model, Areas of training, Responsibilities for providing training. Unit III:Training Design & Methods of Training & Development – Perspectives for Designing Training, On the Job Training & Off the Job Training, Training Methodology – Case Study, Management Games, Brain Storming, Role Play, In- Basket exercises, Group Discuss ion; Concept & Importance of Management Development Programs (MDP’s), Steps in MDP’s, Methods and Techniques of MDP’s, Prospective pitfalls. Unit IV: Tools for Effective Training – Teaching aids and techniques, Audio-visual aids, Skills of an Effective Trainer: Communication skills, Knowledge, Training styles, Power of Body Language, Developing creativity. Unit V: Evaluation of Training – Feedback from participants, Measurement of training effectiveness, Models of Training evaluation, Evaluation of trainers and facilities for training. Audit of Training – Cost of training. Unit VI: Training in Indian & International Organisation – National Perspective regarding current training and development practices, International Perspective. Case Study. Text Book: 1.Effective Human Resource Training and Development Strategy: Dr. B. Rathan Reddy, Publication –Himalaya Publication House. Reference Books: 1. Personnel Management and Human Re sources: N. C. Jain & Saakshi, Publication – Allied Publisher. 2. Human Resource and Personnel Management: K. Aswathappa, Publication, McGraw- Hill Publishing. 3. Human Resource Management: Tenth Edition, Gary Dessler, Publication- Pearson Education. Syllabus of Second Year (Semester III/IV), MBA (Master of Business Administration) Course Code : MBT603-5 Course : Industrial Relations & Labour Legislations L:3 Hrs. , T:1 Hrs. , P:0 Hrs. , Per week Total Credits : 7 Objectives:This course will discuss and examine the important areas of Legislation Relating to Welfare, Social Security Measures, Wages and Bonus, Industrial Relations, Trade Unions and Employment Conditions. The Course will also deal with the Current Legislative Proposals as well as the Impact of Labour Laws on Human Resource Management. Unit I: Industrial Relation and Industrial Democracy – Definition and concept of industrial relation, basic facts, scope, aspects & ideologies of Industrial relations, Appro aches to Industrial relations. Collective Bargaining: Definition, importance, types ,prerequisites of effective collective Bargaining & Collective Bargaining in India; Workers Participation: Concept & meaning, Aims & objective, Forms & levels of participation, conditions essential of working of the scheme. Unit II:Grievances & Disputes – Nature, causes, settlement procedure of Grievances, Industrial Disputes, causes, remedial & prevention measures and settlement machinery. Consequences of Industrial disputes on Industry & Society. Significance of Peace & Harmony to Industrial Productivity & progress Unit III: Labour Welfare & Social Security Legislations – Meaning & scope, Labour welfare & welfare officer in Indian Industry, his role, perceptive, limitations, role perception and role performance, New challenges & expectations, Training of welfare officers; Aims of social security measures, methods of providing social security, benefits to workers-social assistance and social insurance, origin and growth of the idea of social security.Workmen’s compensation Act, Employees state Insurance Act 1948, Provident Fund Act 1952 and Payment of Gratuity Act 1972. Unit IV: Normative and Wage Legislations – Factories Act, 1948, Bombay shop & Establishment Act 1948, PULP Act 1971. Minimum wages Act, Payment Of wages Act 1936, Payment of Bonus Act 1965. Unit V: Industrial Relation Legislations – Trade Union Act 1926, Industrial Employment standing order Act 1946, Bombay Industrial Relations Act, Industrial Dispute Act 1947. Unit VI: ILO & Functions of Working of Offices Attached To Labour Ministry – ILO: Constitution, working & impact of ILO on Labour Legislations in India, ILO convention & recommendations.Functions & Working of Offices Attached To Labour Ministry: Directorate –General of Employment & Training; Labour Bureau; Welfare Commissioners; Various committee constitute by the Government of India (Ministry Of Labour). Text Book: 1. Dynamics of Industrial Relations: Mamoria & Mamoria, Publisher: Himalaya Publishing House. Reference Books: 1. Industrial Jurisprudence & Labour Legislation: A. M. Sarma, Publisher: Himalaya Publishing House. 2. Taxmann’s Labour laws: Taxmann Publications Pvt. Ltd. 3. Essentials of Human Resource Management & Industrial Relation: P. SubbhaRao, Publisher: Himalaya Publishing House. 4. Industrial Relations: C. S. VenkataRatnam, Publisher: Oxford University Press. 5.Labour and Industrial laws: P. K. Padhi, Publisher: Eastern Economy Education. Syllabus of Second Year (Semester III/IV), MBA (Master of Business Administration) Course Code : MBT603-6 Course : Human Resource Strategies And Systems L:3 Hrs. , T:1 Hrs. , P:0 Hrs. , Per week Total Credits : 7 Objectives: This course will enable student to understand the HRD as a field of study & its evolution. It will help the student to understand the role & strategies of HRD in different situations. It will also try to establish relationship between HRD & various skill improvement techniques. It will also enable to understand the role of HRD in Government & Private Enterprises. Unit I:Introduction – Field of Human Resource Development (HRD): A multi-dimensional and new concept, Goals and challenges, Objectives and determinants, Approaches to HRD. Evolution of HRD. Unit II: Comparative Study of Various HR Disciplines: Comparative study of Human Resource Development, Human Resource Management, Human Capital Management and Personnel Management, Unit III: HR System & H. R. D. Culture Design – HR System and Sub systems of HR system , HRD intervention, HRD culture and practices, Subculture, Propagation of culture through HRD. Quality of Work Life. Unit IV: Issues in HRD – Strategy for HRD: Diversity in work force, exit strategy, competitive advantage and relationship management; HRD in Planning for Diversification, Expansion, Mergers, Acquisitions and Takeovers. Unit V:HRD & Skill E nhancement Techniques – Total Quality Management (TQM), Knowledge Management, H. R. Restructuring, Reengineering, Quality Circles. Unit VI: HRD In Different Sectors: – HRD in different organisations, Government Agencies and their role in HRD, Rural development through HRD, HRD in Emerging Sectors: I. T. and I. T. E. S. National Human Resource Development Strategy (NHRDS), Objectives of the initiative, HRD’s role for ROI & its calculation. Text Book: 1. Human Resource Management, Biswajeet Pattanayak, Publisher: Prentice Hall Of India. Reference Books: 1. Human Resource and Personnel Management,K Aswathapha, Publisher: Mc-Graw Hill. . Personnel and Human Resource Management: Text and Cases, P. SubbaRao, Publisher: Himalaya Publishing House. 3. Human Resource Development, Jon M. Werner& Randy L. Desimone, Publisher: South-Western Publication 4. Strategic Human Resource Planning by, Monica Belcourt& Kenneth McBey, Publisher:Thomson Nelson Syllabus of Second Year (S emester III/IV), MBA (Master of Business Administration) Course Code : MBT603-7 Course : Human Resource Planning L:3 Hrs. , T:1 Hrs. , P:0 Hrs. , Per week Total Credits : 7 Objectives: The course will enable student to study forecasting, resourcing, downsizing & restructuring.The students will also understand the importance of succession management. HR planning during Mergers & Acquisitions will be also discussed in details. The current issues in HR Planning faced by organization will be discussed. Unit I: Strategic HR Planning: Need for strategic HRM, Characteristics of effective HRM strategy, Types of strategy, Models of business strategy, Strategic HR Planning model. Unit II: HR Forecasting Process: Meaning & benefits of HR forecasting, Key personnel required, Determining net HR requirements, Steps to conduct trend analysis, Various forecasting techniques, Ascertaining HR supply, Retention management. Unit III:Downsizing & Restructuring: Concept of downsizing & restructuring, Nee d of downsizing, The decision of downsizing, concept of â€Å"survivors† of downsizing, Impact & consequences of downsizing, Effective downsizing and restructuring strategies, Handling psychological and labour issues in downsizing. Unit IV: Succession Management: Concept & importance of succession management, Evolution & Process of succession management, Management developments methods, Role of employee in succession management. Unit V: Mergers & Acquisitions: Concept of merger & acquisition, 360 degree impact of merger & acquisition, Cultural issues in mergers, HR planning for mergers & acquisitions, Changes brought in various HR issues. Unit VI: Current Trends in HR Planning: Development of HR planning, Controlling attrition, Scope & overview. Textbook: 1.Strategic Human Resources Planning: Monica Belcourt, Kenneth J. McBey; Thomson Reference Books: 1. Effective Succession Planning: William J. Rothwell; Amacom 2. Human Resource Planning: John Bramham; Universities Press 3. Human Resource and Personnel Management: K Aswathappa; Tata McGraw-Hill Publishing Company Limited 4. A Textbook of Human Resource Management: C. B. Mamoria & S. V. Gankar; Himalaya Publishing House Syllabus of Second Year (Semester III/IV), MBA (Master of Business Administration) Course Code : MBT603-8 Course : International HRM Scenario & Practices L:3 Hrs. , T:1 Hrs. , P:0 Hrs. , Per week Total Credits : 7 Objectives:The objective of the course is to help students gain knowledge and skills in dealing with international human resources management. To accomplish this, the student will be exposed to a series of cases, which demand commitment from him/her. The course includes the introduction to IHRM, cultural literacy, business management of global companies, international staffing, comparative HRM in America, Japan, India and UK, Challenges and strategies in IHRM, and International compensation. Unit I: Introduction: to International Resource Management Scope of international HRM, Cultural Literacy and Cultural awareness: essentials, advantages, cultural skills for co-operative advantages. Factors affecting International HRM.Comparative Employment Policy – Concept, significance, the Cultural Approach – Power Distance (PDI), Uncertainty avoidance (UAI), Individuality (INV), Masculinity (MASC), Long-Term Orientation. Unit II: Business Management of Global Companies – Characteristics of domestic and global companies, HRM approaches and strategic planning in global organizations. Roles of International HR Manager, Developing Global Literate Leader. Unit III: International Staffing – Recruitment, selection, hiring, training and development, career planning, succession planning, retention. Expatriation, Inpatriation, Flexpatriation. Cultural and Reality shock, Reverse-Cultural Shock. Unit IV: Work Culture of various economies – The comparative approach to HRM in America, Japan, India and UK.National culture, HRM and other employee related values and practices in these economies. Unit VI: Challenges and strategies in IHRM: Challenges with respect to Demographics, Diversity, Occupational Shifts, Workforce Scarcity, Quality, Economy, Technology, Retention, Mergers, Acquisitions and Lay-offs. IHRM Strategies. Unit V: International Compensation – Principles of International Compensation, Methods and practices of International Compensation, International Compensation and employee satisfaction. Text Book: 1. International Human Resource Management: Monir Tayeb, Oxford University Press. Reference Books: 1. International Human Resource Management: P.Subba Rao, Himalaya Publishing House 2. International Human Resource Management: K. Aswathappa & S. Dash, Tata McGrawHill 3. International Human Resource Management: Tony Edwards & Chris Rees, Pearson Education Syllabus of Second Year (Semester III/IV), MBA (Master of Business Administration) Course Code : MBT604-1 Course : Operations Planning and Control L:3 Hrs. , T:1 Hrs. , P:0 Hrs. , Per week Total Credits : 7 Objectives: This course intends to introduce the student to operations planning and control which involves all activities in the organisation, which contributes to the effective production of goods and services. It will start with an nderstanding of the operations strategic objectives. It will also give the student insight of translating the corporate goals into their implications for the operation’s performance objectives, quality, speed, dependability, flexibility and cost. Unit I: Introduction – Introduction to Functions of production planning and control, Manufacturing systems, Production procedures, service Operations Unit II: Preplanning: Product development and design, Sales forecasting and estimation, plant layout, capacity planning Unit III: Planning: Production order, Mass production, Batch production, Job-shop production, Batch size determination, Scheduling, Batch production scheduling Unit III:Control: Ele ments of Control, Production control, Shop floor control, Computer assisted control, Inventory control Unit IV Control: Manpower control, Quality control, Cost control, Maintenance control Unit V: Distribution Management: Distribution requirement planning, management and control, Unit VI: Recent trends: Lean manufacturing, Green manufacturing, Flexible manufacturing system, Computer Integrated Manufacturing Systems (CIMS), Advanced Production Inventory Management Systems (APIMS), Text Book 1. Operations Management: Russell & Taylor, Wiley India Reference Books: 1. Elements of Production Planning and Control: Samuel Eilon, Universal Books Corporation 2. Manufacturing Planning and Control Systems: Thomas Vollmann, William Berry, D.Clay Whybrk, Galgotia Publication 3. Production and Operations Management: Everett E. Adam, Jr, Ronald J. Ebert, PHI India 4. Operations Management: by SLACK & LEWIS, Michael Lewis, Nigel Slack Syllabus of Second Year (Semester III/IV), MBA (Master of Busine ss Administration) Course Code: MBT604-2Course: Supply Chain Management L: 3 Hrs. , T: 1 Hr. , Per WeekTotal Credits: 7 Objectives: The objective of the course is to give students a holistic view of Supply Chain Management. To provide an insight into current industry practices in supply chain ma

Cases on labor law Essay

In May 1994, ABS-CBN† signed an Agreement with the Mel and Jay Management and Development Corporation. ABS-CBN was represented by its corporate officers while MJMDC was represented by SONZA, as President and General Manager, and Carmela Tiangco , as EVP and Treasurer. Referred to in the Agreement as â€Å"AGENT,† MJMDC agreed to provide SONZA’s services exclusively to ABS-CBN as talent for radio and television. ABS-CBN agreed to pay for SONZA’s services a monthly talent fee of P310,000 for the first year and P317,000 for the second and third year of the Agreement. ABS-CBN would pay the talent fees on the 10th and 25th days of the month. On 30 April 1996, SONZA filed a complaint against ABS-CBN before the Department of Labor and Employment, National Capital Region in Quezon City. SONZA complained that ABS-CBN did not pay his salaries, separation pay, service incentive leave pay, 13th month pay, signing bonus, travel allowance and amounts due under the Employees Stock Option Plan (â€Å"ESOP†). On 10 July 1996, ABS-CBN filed a Motion to Dismiss on the ground that no employer-employee relationship existed between the parties. ISSUE: Whether or not there is employer-employee relationship that existed between them, HELD: Although Philippine labor laws and jurisprudence define clearly the elements of an employer-employee relationship, this is the first time that the Court will resolve the nature of the relationship between a television and radio station and one of its â€Å"talents.† There is no case law stating that a radio and television program host is an employee of the broadcast station. Applying the control test to the present case, we find that SONZA is not an employee but an independent contractor. The control test is the most important test our courts apply in distinguishing an employee from an independent contractor.[29] This test is based on the extent of control the hirer exercises over a worker. The greater the supervision and control the hirer exercises, the more likely the worker is deemed an employee. The converse holds true as well – the less control the hirer exercises, the more likely the worker is considered an independent contractor. We find that ABS-CBN was not involved in the actual performance that produced the finished product of SONZA’s work. ABS-CBN did not instruct SONZA how to perform his job. ABS-CBN merely reserved the right to modify the program format and airtime schedule â€Å"for more effective programming.† ABS-CBN’s sole concern was the quality of the shows and their standing in the ratings. Clearly, ABS-CBN did not exercise control over the means and methods of performance of SONZA’s work. SONZA insists that the â€Å"exclusivity clause† in the Agreement is the most extreme form of control which ABS-CBN exercised over him. This argument is futile. Being an exclusive talent does not by itself mean that SONZA is an employee of ABS-CBN. Even an independent contractor can validly provide his services exclusively to the hiring party. In the broadcast industry, exclusivity is not necessarily the same as control. ADJUDICATION: The petition is denied. CONSULTA vs CA Case Digest [G.R. No. 145443. March 18, 2005] RAQUEL P. CONSULTA, petitioner, vs. COURT OF APPEALS, PAMANA PHILIPPINES, INC., RAZUL Z. REQUESTO, and ALETA TOLENTINO, respondents. FACTS: Consulta was Managing Associate of Pamana. On 1987 she was issued a certification authorizing her to negotiate for and in behalf of PAMANA with the Federation of Filipino Civilian Employees Association. Consulta was able to secure an account with FFCEA in behalf of PAMANA. However, Consulta claimed that PAMANA did not pay her commission for the PPCEA account and filed a complaint for unpaid wages or commission. ISSUE: Whether or not Consulta was an employee of PAMANA. HELD: The SC held that Pamana was an independent agent and not an employee. The power of control in the four fold test is missing. The manner in which Consulta was to pursue her tasked activities was not subject to the control of PAMANA. Consulta failed to show that she worked definite hours. The amount of time, the methods and means, the management and maintenance of her sales division were left to her sound judgment. Finally, Pamana paid Consulta not for labor she performed but only for the results of her labor. Without results, Consulta’s labor was her own burden and loss. Her right to compensation, or to commission, depended on the tangible results of her work – whether she brought in paying recruits. The fact that the appointment required Consulta to solicit business exclusively for Pamana did not mean Pamana exercised control over the means and methods of Consulta’s work as the term control is understood in labor jurisprudence. Neither did it make Consulta an employee of Pamana. Pamana did not prohibit Consulta from engaging in any other business, or from being connected with any other company, for as long as the business or company did not compete with Pamana’s business. The exclusivity clause was a reasonable restriction to prevent similar acts prejudicial to Pamana’s business interest. Article 1306 of the Civil Code provides that â€Å"[t]he contracting parties may establish such stipulation, clauses, terms and conditions as they may deem convenient, provided that they are not contrary to law, morals, good customs, public order, or public policy. There being no employer-employee relationship between Pamana and Consulta, the Labor Arbiter and the NLRC had no jurisdiction to entertain and rule on Consulta’s money claim. Consulta’s remedy is to file an ordinary civil action to litigate her claim Petition is dismissed. ANGELINA FRANCISCO, Petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION, KASEI CORPORATION, SEIICHIRO TAKAHASHI, TIMOTEO ACEDO, DELFIN LIZA, IRENE BALLESTEROS, TRINIDAD LIZA and RAMON ESCUETA, Respondents. G.R. No. 170087 August 31, 2006 FIRST DIVISION. YNARES-SANTIAGO, J. In 1995, petitioner was hired by Kasei Corporation during its incorporation stage. She was designated as Accountant and Corporate Secretary and was assigned to handle all the accounting needs of the company. She was also designated as Liaison Officer to the City of Makati to secure business permits, construction permits and other licenses for the initial operation of the company. Although she was designated as Corporate Secretary, she was not entrusted with the corporate documents; neither did she attend any board meeting nor required to do so. She never prepared any legal document and never represented the company as its Corporate Secretary. However, on some occasions, she was prevailed upon to sign documentation for the company. In 1996, petitioner was designated Acting Manager. As Acting Manager, petitioner was assigned to handle recruitment of all employees and perform management administration functions; represent the company in all dealings with government agencies; and to administer all other matters pertaining to the operation of Kasei Restaurant which is owned and operated by Kasei Corporation. For five years, petitioner performed the duties of Acting Manager and as of December 31, 2000 her salary was P27,500.00 plus P3,000.00. In January 2001, petitioner was replaced by Liza R. Fuentes as Manager. Petitioner alleged that she was required to sign a prepared resolution for her replacement but she was assured that she would still be connected with Kasei Corporation. Thereafter, Kasei Corporation reduced her salary by P2,500.00 a month beginning January up to September 2001 for a total reduction of P22,500.00 as of September 2001. Petitioner was not paid her mid-year bonus allegedly because the company was not earning well. On October 2001, petitioner did not receive her salary from the company. She made repeated follow-ups with the company cashier but she was advised that the company was not earning well. On October 15, 2001, petitioner asked for her salary but she was informed that she is no longer connected with the company. On the other hand, the Private respondents averred that petitioner is not an employee of Kasei Corporation. They alleged that petitioner was hired in 1995 as one of its technical consultants on accounting matters and act concurrently as Corporate Secretary. As technical consultant, petitioner performed her work at her own discretion without control and supervision of Kasei Corporation. Petitioner had no daily time record and she came to the office any time she wanted. She also did not go through the usual procedure of selection of employees. Also, the private respondents submitted a list of employees for the years 1999 and 2000 duly received by the BIR showing that petitioner was not among the employees reported to the BIR. Issues: (1) Whether there was an employer-employee relationship between petitioner and private respondent Kasei Corporation; and if in the affirmative, (2) whether petitioner was illegally dismissed. Ruling: Yes. The court adopts a two-tiered test involving: (1) the putative employer’s power to control the employee with respect to the means and methods by which the work is to be accomplished; and (2) the underlying economic realities of the activity or relationship. Thus, there is no doubt that petitioner is an employee of Kasei Corporation because she was under the direct control and supervision of Seiji Kamura, the corporation’s Technical Consultant. She reported for work regularly and served in various capacities as Accountant, Liaison Officer, Technical Consultant, Acting Manager and Corporate Secretary, with substantially the same job functions, that is, rendering accounting and tax services to the company and performing functions necessary and desirable for the proper operation of the corporation such as securing business permits and other licenses over an indefinite period of engagement. She was selected and engaged by the company for compensation, and is economically dependent upon respondent for her continued employment in that line of business. Respondent corporation hired and engaged petitioner for compensation, with the power to dismiss her for cause. More importantly, respondent corporation had the power to control petitioner with the means and methods by which the work is to be accomplished. The corporation constructively dismissed petitioner when it reduced her salary by P2,500 a month from January to September 2001. This amounts to an illegal termination of employment, where the petitioner is entitled to full backwages. Thus this petition is GRANTED and is REMANDED to the Labor Arbiter for the recomputation of petitioner Angelina Francisco’s full backwages from the time she was illegally terminated until the date of finality of this decision, and separation pay representing one-half month pay for every year of service, where a fraction of at least six months shall be considered as one whole year. ANGEL JARDIN, DEMETRIO CALAGOS, URBANO MARCOS, ROSENDO MARCOS, LUIS DE LOS ANGELES, JOEL ORDENIZA and AMADO CENTENO, petitioners, vs. NATIONAL LABOR RELATIONS COMMISSION (NLRC) and GOODMAN TAXI (PHILJAMA INTERNATIONAL, INC.) respondents. G.R. No. 119268. February 23, 2000 SECOND DIVISION. QUISUMBING, J. Facts: Petitioners were drivers of private respondent, Philjama International Inc., a domestic corporation engaged in the operation of â€Å"Goodman Taxi.† Petitioners used to drive private respondent’s taxicabs every other day on a 24-hour work schedule under the boundary system. Under this arrangement, the petitioners earned an average of P400.00 daily. Nevertheless, private respondent admittedly regularly deducts from petitioners, daily earnings the amount of P30.00 supposedly for the washing of the taxi units. Believing that the deduction is illegal, petitioners decided to form a labor union to protect their rights and interests. Upon learning about the plan of petitioners, private respondent refused to let petitioners drive their taxicabs when they reported for work on August 6, 1991, and on succeeding days. Petitioners suspected that they were singled out because they were the leaders and active members of the proposed union. Aggrieved, petitioners filed with the labor arbiter a complaint against private respondent for unfair labor practice, illegal dismissal and illegal deduction of washing fees. In a decision, dated August 31, 1992, the labor arbiter dismissed said complaint for lack of merit. On appeal, the NLRC (public respondent herein), in a decision dated April 28, 1994, reversed and set aside the judgment of the labor arbiter. The labor tribunal declared that petitioners are employees of private respondent, and, as such, their dismissal must be for just cause and after due process. Private respondent’s first motion for reconsideration was denied. Remaining hopeful, private respondent filed another motion for reconsideration. This time, public respondent, in its decision dated October 28, 1994, granted aforesaid second motion for reconsideration. It ruled that it lacks jurisdiction over the case as petitioners and private respondent have no employer-employee relationship. Issue: Was there a grave abuse of discretion amounting to lack or excess of jurisdiction? Was there an employer-employee relationship? Ruling: Yes. The phrase â€Å"grave abuse of discretion amounting to lack or excess of jurisdiction† means such capricious and whimsical exercise of judgment by the tribunal exercising judicial or quasi-judicial power as to amount to lack of power. In this case, private respondent exhausted administrative remedy available to it by seeking reconsideration of public respondent’s decision dated April 28, 1994, which public respondent denied. Thus, when private respondent filed a second motion for reconsideration, public respondent should have forthwith denied it in accordance with Rule 7, Section 14 of its New Rules of Procedure which allows only one motion for reconsideration from the same party. The rationale for allowing only one motion for reconsideration from the same party is to assist the parties in obtaining an expeditious and inexpensive settlement of labor cases. For obvious reasons, delays cannot be countenanced in the resolution of labor disputes. The dispute may involve no less than the livelihood of an employee and that of his loved ones who are dependent upon him for food, shelter, clothing, medicine, and education. It may as well involve the survival of a business or an industry. The second motion for reconsideration filed by private respondent is indubitably a prohibited pleading which should have not been entertained at all. Thus, the public respondent gravely abused its discretion in taking cognizance and granting private respondent’s second motion for reconsideration as it wrecks the orderly procedure in seeking reliefs in labor cases. Yes also for the second issue. Under the boundary system which is observed in the relationship of the petitioners and the private respondent, it is that of employer-employee and not of lessor-lessee. In the case of jeepney owners/operators and jeepney drivers, the former exercise supervision and control over the latter. The management of the business is in the owner’s hands. The owner as holder of the certificate of public convenience must see to it that the driver follows the route prescribed by the franchising authority and the rules promulgated as regards its operation. Now, the fact that the drivers do not receive fixed wages but get only that in excess of the so-called â€Å"boundary† they pay to the owner/operator is not sufficient to withdraw the relationship between them from that of employer and employee. Thus, the employees of private respondent, can be dismissed only for just and authorized cause, and after affording them notice and hearing prior to termination. In the instant case, private respondent had no valid cause to terminate the employment of petitioners. Neither were there two (2) written notices sent by private respondent informing each of the petitioners that they had been dismissed from work. Thereby, instant petition is GRANTED. Private respondent is directed to reinstate petitioners to their positions held at the time of the complained dismissal. Private respondent is likewise ordered to pay petitioners their full backwages, to be computed from the date of dismissal until their actual reinstatement. However, the order of public respondent that petitioners be reimbursed the amount paid as washing charges is deleted. [G.R. No. 121605. February 2, 2000] PAZ MARTIN JO and CESAR JO, petitioners, vs. NATIONAL LABOR RELATIONS COMMISSION and PETER MEJILA, respondents. QUISUMBING, J.: FACTS: Private respondent Peter Mejila worked as barber on a piece rate basis at Dina’s Barber Shop. The owners and the barbers shared in the earnings of the barber shop. In 1977, petitioners designated private respondent as caretaker of the shop. In November 1992, private respondent had an altercation with his co-barber, Jorge Tinoy. The bickerings, characterized by constant exchange of personal insults during working hours, became serious so that private respondent reported the matter to Atty. Allan Macaraya of the labor department. Meanwhile, private respondent continued reporting for work at the barbershop. But, on January 2, 1993, he turned over the duplicate keys of the shop to the cashier and took away all his belongings therefrom. On January 8, 1993, he began working as a regular barber at the newly opened Goldilocks Barbershop also in Iligan City. On January 12, 1993, private respondent filed a complaint for illegal dismissal with prayer for payment of separation pay, other monetary benefits, attorney’s fees and damages. Significantly, the complaint did not seek reinstatement as a positive relief. ISSUES: Is there an employer-employee relationship between petitioners and private respondent? Was the private respondent dismissed from his employment? HELD: YES. In determining the existence of an employer-employee relationship, the following elements are considered: (1) the selection and engagement of the workers; (2) power of dismissal; (3) the payment of wages by whatever means; and (4) the power to control the worker’s conduct, with the latter assuming primacy in the overall consideration. Absent a clear showing that petitioners and private respondent had intended to pursue a relationship of industrial partnership, we entertain no doubt that private respondent was employed by petitioners as caretaker-barber. No. The labor arbiter was convinced that private respondent was not dismissed but left his work on his own volition because he could no longer bear the incessant squabbles with his co-worker. Nevertheless, public respondent did not give credence to petitioners’ claim that private respondent abandoned his job. On this score, public respondent gravely erred as hereunder discussed. JPL MARKETING PROMOTIONS v. COURT OF APPEALS G.R. No. 151966 July 8, 2005 FACTS: JPL Marketing and Promotions is a domestic corporation engaged in the business of recruitment and placement of workers. On the other hand, private respondents Noel Gonzales, Ramon Abesa III and Faustino Aninipot were employed by JPL as merchandisers on separate dates and assigned at different establishments in Naga City and Daet, Camarines Norte as attendants to the display of California Marketing Corporation , one of petitioner’s clients. On 13 August 1996, JPL notified private respondents that CMC would stop its direct merchandising activity in the Bicol Region, Isabela, and Cagayan Valley effective 15 August 1996. they were advised to wait for further notice as they would be transferred to other clients. However, on 17 October 1996, private respondents Abesa and Gonzales filed before the National Labor Relations Commission Regional Arbitration Branch (NLRC) Sub V complaints for illegal dismissal, praying for separation pay, 13th month pay, service incentive leave pay and payment for moral damages. Aninipot filed a similar case thereafter. Executive Labor Arbiter Gelacio L. Rivera, Jr. dismissed the complaints for lack of merit. The Labor Arbiter found that Gonzales and Abesa applied with and were employed by the store where they were originally assigned by JPL even before the lapse of the six (6)-month period given by law to JPL to provide private respondents a new assignment. Thus, they may be considered to have unilaterally severed their relation with JPL, and cannot charge JPL with illegal dismissal. The Labor Arbiter held that it was incumbent upon private respondents to wait until they were reassigned by JPL, and if after six months they were not reassigned, they can file an action for separation pay but not for illegal dismissal. The claims for 13th month pay and service incentive leave pay was also denied since private respondents were paid way above the applicable minimum wage during their employment. NLRC. agreed with the Labor Arbiter’s finding that when private respondents filed their complaints, the six-month period had not yet expired, and that CMC’s decision to stop its operations in the areas was beyond the control of JPL, thus, they were not illegally dismissed. However, it found that despite JPL’s effort to look for clients to which private respondents may be reassigned it was unable to do so, and hence they are entitled to separation pay. The Court of Appeals dismissed the petition and affirmed in toto the NLRC resolution. While conceding that there was no illegal dismissal, it justified the award of separation pay on the grounds of equity and social justice. ISSUE: Whether or not the respondents are entitled to separation pay? HELD: Under Arts. 283 and 284 of the Labor Code, separation pay is authorized only in cases of dismissals due to any of these reasons: (a) installation of labor saving devices; (b) redundancy; (c) retrenchment; (d) cessation of the employer’s business; and (e) when the employee is suffering from a disease and his continued employment is prohibited by law or is prejudicial to his health and to the health of his co-employees. However, separation pay shall be allowed as a measure of social justice in those cases where the employee is validly dismissed for causes other than serious misconduct or those reflecting on his moral character, but only when he was illegally dismissed. In addition, Sec. 4(b), Rule I, Book VI of the Implementing Rules to Implement the Labor Code provides for the payment of separation pay to an employee entitled to reinstatement but the establishment where he is to be reinstated has closed or has ceased operations or his present position no longer exists at the time of reinstatement for reasons not attributable to the employer. The common denominator of the instances where payment of separation pay is warranted is that the employee was dismissed by the employer. In the instant case, there was no dismissal to speak of. Private respondents were simply not dismissed at all, whether legally or illegally. What they received from JPL was not a notice of termination of employment, but a memo informing them of the termination of CMC’s contract with JPL. More importantly, they were advised that they were to be reassigned. At that time, there was no severance of employment to speak of. Furthermore, Art. 286 of the Labor Code allows the bona fide suspension of the operation of a business or undertaking for a period not exceeding six (6) months, wherein an employee/employees are placed on the so-called â€Å"floating status.† When that â€Å"floating status† of an employee lasts for more than six months, he may be considered to have been illegally dismissed from the service. Thus, he is entitled to the corresponding benefits for his separation, and this would apply to suspension either of the entire business or of a specific component thereof. As clearly borne out by the records of this case, private respondents sought employment from other establishments even before the expiration of the six (6)-month period provided by law. As they admitted in their comment, all three of them applied for and were employed by another establishment after they received the notice from JPL. JPL did not terminate their employment; they themselves severed their relations with JPL. Thus, they are not entitled to separation pay. Nonetheless, JPL cannot escape the payment of 13th month pay and service incentive leave pay to private respondents. Said benefits are mandated by law and should be given to employees as a matter of right. HYDRO RESOURCES CONTRACTORS CORPORATION, petitioner, vs. LABOR ARBITER ADRIAN N. PAGALILAUAN and the NATIONAL LABOR RELATIONS COMMISSION, public respondents, and ROGELIO A. ABAN, private respondent G.R. No. L-62909 April 18, 1989 Petitioner corporation hired the private respondent Aban as its â€Å"Legal Assistant† and received basic monthly salary of P 1,500.00 plus an initial living allowance of P 50.00 which gradually increased to P 320.00. On September 4, 1980, Aban received a letter from the corporation informing him that he would be considered terminated effective October 4, 1980 because of his alleged failure to perform his duties well. Aban filed a complaint against the petitioner for illegal dismissal. The labor arbiter ruled that Aban was illegally dismissed. This ruling was affirmed by the NLRC on appeal. Hence, this present petition. ISSUE: Whether or not there was an employer-employee relationship between the petitioner Corporation and Aban. HELD: The Supreme Court dismissed the petition for lack of merit, and reinstate Aban to his former or a similar position without loss of seniority rights and to pay three (3) years back wages without qualification or deduction and P5,000.00 in attorney’s fees. Should reinstatement not be feasible, the petitioner shall pay the private respondent termination benefits in addition to the above stated three years back pay and P5,000.00 attorney’s fees. A lawyer, like any other professional, may very well be an employee of a private corporation or even of the government. This Court has consistently ruled that the determination of whether or not there is an employer-employee relation depends upon four standards: (1) the manner of selection and engagement of the putative employee; (2) the mode of payment of wages; (3) the presence or absence of a power of dismissal; and (4) the presence or absence of a power to control the putative employee’s conduct. Of the four, the right-of-control test has been held to be the decisive factor. In this case, Aban received basic salary plus living allowance, worked solely for the petitioner, dealt only with legal matters involving the said corporation and its employees and also assisted the Personnel Officer in processing appointment papers of employees which is not act of a lawyer in the exercise of his profession. These facts showed that petitioner has the power to hire and fire the respondent employee and more important, exercised control over Aban by defining the duties and functions of his work which met the four standards in determining whether or not there is an employee-employer relationship. Duncan Association of Detailman-PTGWO v. Glaxo WellcomePhilippines G.R. No. 162994 September 17, 20004 Tinga, J. FACTS: Glaxo Wellcome Philippines Inc. hired Pedro A. Tecson as medical representative on October 24, 1995. In Tecson’s contract of employment, it was stipulated, among others, that he agrees to study and abide by existing company rules; to disclose to management any existing or future relationship by consanguinity or affinity with co-employees or employees of competing drug companies and should management find that such relationship poses a possible conflict of interest, to resign from the company. Glaxo’s Employee Code of Conduct also contains provisions to the same effect. Said contract was signed by Tecson and hence commenced his employ with the company. He was assigned to cover the Camarines Sur-Camarines Nortesales area. Tecson met Bettsy, a branch coordinator of Astra Pharma, a competitor of Glaxo. As fate would have it, they eventually fell in love and got married in September 1998. Tecson’s superiors were worried since the marriage gave rise to a conflict of interest and hence, gave him the option to choose whether to stay with the company and let his wife resign from her job or Tecson himself will resign so that his wife may continue working with her company. Tecson never made a decision hence Glaxo moved to transfer Tecson to the Butuan-Surigao-Agusan del Sur sales area considering that he was from said area. But then, Tecson brought the matter to Glaxo’s Grievance Committee. During the pendency of the grievance proceedings, Tecson was paid his salary. However, he was not issued samples of products which were competing with similar products manufactured by Astra. They failed to resolve the conflict hence they submitted the matter for voluntary arbitration. The company offered Tecson a separation pay of one-half month pay for every year of service, but he declined the offer. The National Conciliation and Mediation Board decided in favor of Glaxo. The Board declared Glaxo’s policy on relationships between its employees and person employed with competitor companies as valid, and affirmed Glaxo’s right to transfer Tecson to another sales territory. Upon appeal, the Cour of Appeal affirmed the NCMB decision. It reasoned that the company’s policy is a valid exercise of its management prerogatives. Tecson filed for reconsideration but was denied hence the case was brought to the Supreme Court. ISSUES: 1. Whether the policy of a pharmaceutical company prohibiting its employees from marrying employees of any competitor company valid? 2. Whether said policy violates the equal protection clause of the Constitution? 3. Whether Tecson was constructively dismissed? RULING: 1. Yes. Glaxo has a right to guard its secrets, manufacturing formula, marketing strategies and other confidential programs and information from competitors, especially so that it and Astra are rival companies in the highly competitive pharmaceutical industry. The said prohibition only aims to protect its interests against the possibility that a competitor company will gain access to its secrets and procedures. No. the policy does not violate the equal protection clause of the Constitution. Glaxo does not impose an absolute prohibition against relationships between its employees and those of competitor companies. It is not a policy against marriage. An employee can still marry anyone of his/her own choosing. However, the company still has the right from exercising management prerogatives to ensure maximum profit and business success. It was also stressed that Tecson was aware of the restriction when he signed his employment contract and when he married Betssy. Hence, he is stopped from questioning said policy. 3. No. the Supreme Court ruled that Tecson’s reassignment to another area was not equivalent to his employment termination. Tecson was not demoted nor unduly discriminated upon by reason of such transfer. It must be noted that Glaxo even considered the welfare of Tecson’s family. The reassignment was merely on keeping with the policy of the company in avoidance of conflict of interest, and thus valid. ANDRES VILLAVILLA and ESTER GADIENTE VILLAVILLA v. COURT OF APPEALS, SOCIAL SECURITY COMMISSION, REYNALDO MERCADO, and MARCELO COSUCO, respondents, SOCIAL SECURITY SYSTEM G.R. No. 79664 August 11, 1992 BELLOSILLO, J.: FACTS: Reynaldo Mercado owned the fishing boat â€Å"F/B Saint Theresa. On September 11, 1877, said boat sank off Isla Binatikan, Taytay, Palawan. One of the casualties in said incident was Arturo Villavilla, son of petitioners. He was employed as â€Å"tripulante† (crew member). The parents of Arturo filed a petition with the Social Security Commission against Reynaldo Mercado for death compensation benefits of Arturo whom Reynaldo failed to register as their employee. The Social Security System (SSS) filed a petition in intervention alleging that petitioners must prove that Arturo was an employee of Reynaldo. If said employment was proven, then Reynaldo should be held liable in damages equivalent to the benefits due the petitioners for failure to report Arturo for coverage pursuant to Sec. 24 (a) of the Social Security Act, as amended. 6On November 28, 1984, respondent Social Security Commission issued an Order dismissing the petition for lack of cause of action. 9 The parents of Arturo then brought their case to the Court of Appeals. On appeal, the CA affirmed the questioned Order of the Social Security Commission there being no reversible error. Hence, they elevated their case to the Supreme Court. ISSUES: 1. Whether there was an employer – employee relationship between Arturo Villavilla and Reynaldo Mercado? 2. Whether Reynaldo Mercado is liable for death compensation benefits of Arturo Villavilla? 3. Whether there was a violation of the Social Security Act, as amended ,by Reynaldo Mercado for not registering Arturo Villavilla with the System as his employee as mandated by law. RULING: 1) None. The arrangement between the boat owner and the crewmembers partook of the nature of a joint venture. The fundamental bases for the existence of an employer – employee relationship were not present. a) Reynaldo Mercado had no connection with the selection and engagement of Arturo. The boat owner did not hire them but they simply joined the fishing expedition upon invitation of the ship master, even without the knowledge of the boat owner. b) Reynaldo likewise exercised no power of dismissal over Arturo c) There was no such uniform salary involved. The crew members did not receive fixed compensation as they only shared in their catch. d) Reynaldo had no power of control or had reserved the right to control as to the result of the work to be done as well as the means and methods by which the same is to be accomplished. They ventured to the sea irrespective of the instructions of the boat owner. Upon their own best judgment as to when, how long, and where to go fishing. 2) No. Since there was no employer – employee relationship, then Mercado is not obliged to remit any employer’s contributions to the SSS accounts of said fishermen. Hence they cannot compel him to pay for any death compensation benefits. 3) None. Since it is impossible to determine the monthly wage or earning of the fishermen for the purpose of fixing the amount of their and the supposed employer’s contributions, there is every reason to exempt the parties to this kind of undertaking from compulsory registration with the Social Security System . *** the Supreme Court stated: For, we are not unaware that in this jurisdiction all doubts in the implementation and interpretation of provisions of social legislations should be resolved in favor of the working class. But, alas, justice is not fully served by sustaining the contention of the poor simply because he is poor. Justice is done by properly applying the law regardless of the station in life of the contending parties. NATIONAL SERVICE CORPORATION (NASECO) AND ARTURO L. PEREZ, petitioners, vs. THE HONORABLE THIRD DIVISION, NATIONAL LABOR RELATIONS COMMISSION, MINISTRY OF LABOR AND EMPLOYMENT, MANILA AND EUGENIA C. CREDO, respondents. G.R. No. L-69870 November 29, 1988 EUGENIA C. CREDO, petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION, NATIONAL SERVICES CORPORATION AND ARTURO L. PEREZ, respondents. G.R. No. 70295 November 29,1988 PONENTE: Padilla, J. FACTS: Eugenia Credo was an employee of the National Service Corporation. She was terminated from office for the commission of offenses against company policies, public moral, and authority. A particular situation asserted by NASECO was Credo’s non-compliance with another NASECO officer’s memorandum regarding the entry procedures in the company’s Statement of Billings Adjustment. This was in lieu with the findings of NASECO’s Committee on Personnel Affairs. Both parties appealed to respondent National Labor Relations Commission (NLRC) which, on 28 November 1984, rendered a decision: 1) directing NASECO to reinstate Credo to her former position, or substantially equivalent position, with six (6) months’ backwages and without loss of seniority rights and other privileges appertaining thereto, and 2) dismissing Credo’s claim for attorney’s fees, moral and exemplary damages. As a consequence, both parties filed their respective motions for reconsideration, which the NLRC denied in a resolution of 16 January 1985. In the case at bar, the court found that NASECO did not comply with these guidelines in effecting Credo’s dismissal. Although she was apprised and â€Å"given the chance to explain her side† of the charges filed against her, this chance was given so perfunctorily, thus rendering illusory Credo’s right to security of tenure. That Credo was not given ample opportunity to be heard and to defend herself is evident from the fact that the compliance with the injunction to apprise her of the charges filed against her and to afford her a chance to prepare for her defense was dispensed in only a day. This is not effective compliance with the legal requirements. Furth, Credo’s mere non-compliance with Lorens memorandum regarding the entry procedures in the company’s Statement of Billings Adjustment did not warrant the severe penalty of dismissal NLRC ruled ordering her reinstatement. NASECO argues that NLRC has no jurisdiction to order her reinstatement. NASECO as a government corporation by virtue of its being a subsidiary of the NIDC, which is wholly owned by the Phil. National Bank which is in turn a GOCC, the terms and conditions of employment of its employees are governed by the Civil Service Law citing National Housing v Juco. ISSUE: Whether or not employees of NASECO, a GOCC without original charter, are governed by the Civil Service Law. HELD: NO. The holding in NHC v Juco should not be given retroactive effect, that is to cases that arose before its promulgation of January 17, 1985. To do otherwise would be oppressive to Credo and other employees similarly situated because under the 1973 Constitution prior to the ruling in NHC v Juco, this court recognized the applicability of the Labor jurisdiction over disputes involving terms and conditions of employment in GOCC’s, among them NASECO. In the matter of coverage by the civil service of GOCC, the 1987 Constitution starkly differs from the 1973 Constitution where NHC v Juco was based. It provides that the â€Å"civil service embraces all branches, subdivisions, instrumentalities, and agencies of the Government including government owned or controlled corporation with original charter.† Therefore by clear implication, the civil service does not include GOCC which are organized as subsidiaries of GOCC under the general corporation law. ADJUDICATION: WHEREFORE, in view of the foregoing, the challenged decision of the NLRC is AFFIRMED with modifications. Petitioners in G.R. No. 69870, who are the private respondents in G.R. No. 70295, are ordered to: 1) reinstate Eugenia C. Credo to her former position at the time of her termination, or if such reinstatement is not possible, to place her in a substantially equivalent position, with three (3) years backwages, from 1 December 1983, without qualification or deduction, and without loss of seniority rights and other privileges appertaining thereto, and 2) pay Eugenia C. Credo P5,000.00 for moral damages and P5,000.00 for attorney’s fees. G.R. No. 78090 July 26, 1991 PACIFIC MILLS, INC., petitioner, vs. ZENAIDA ALONZO, respondent. Facts: From July 30, 1973, Zenaida Alonzo was employed as a ring frame operator in the Pacific Mills, Inc. until September 30, 1982 when she was discharged by Management. The record shows that in the early afternoon of September 22, 1982, Zenaida challenged Company Inspector Ernesto Tamondong to a fight, saying: â€Å"Putang Ina mo, lumabas ka, tarantado, kalalaki mong tao, duwag ka . . Ipagugulpi kita sa labas at kaya kitang ipakaladkad dito sa loob ng compound palabas ng gate sa mga kamag-anak ko.† And suiting action to the word, she thereupon boxed Tamondong in the stomach. The motive for the assault was Zenaida’s resentment at having been reprimanded, together with other employees, two days earlier by Tamondong for wasting time by engaging in Idle chatter. 1 Tamondong forthwith reported the incident to the firm’s Administrative Manager 2 as well as the Chairman of Barangay Balombato, Quezon City. 3 On September 30, 1982, Zenaida Alonzo was given a Memorandum by the company’s Executive Vice President & General Manager terminating her employment as of October 1, 1982 on various grounds: poor work, habitual absences and tardiness, wasting time, insubordination and gross disrespect. The service of that memorandum of dismissal on her was not preceded by any complaint, hearing or other formality. These were apparently considered unnecessary by Management 4 in view of the provision in the Company Rules and Regulations (embodied in the Collective Bargaining Agreement between the company and the union representing the employees) that: Fighting or attempting to inflict harm to another employee, will render (sic) the aggressor to outright dismissal. It was only at the hearing of the complaint for illegal dismissal (and non-payment of proportionate 13th month pay) instituted by Zenaida on October 4, 1982 in the NCR Arbitration Branch, that evidence was presented by the company not only of the assault by Zenaida on her superior but also of many other violations by her of company rules and regulations, in an attempt to substantiate the validity of her dismissal from work. The Labor Arbiter found that Alonzo had indeed verbally abused and struck her superior, Tamondong, and rejected her contention that the assault was not punishable since it was â€Å"not work-connected and was provoked/instigated by Ernesto Tamondong.† 5 The Arbiter also declared as â€Å"fully established the previous infractions of complainant,† these being â€Å"a matter of record and not denied by complainant (Zenaida).† The Arbiter was of the view, however, that Alonzo was entitled to relief, because (a) the penalty imposed was â€Å"harsh and severe and not commensurate with the offense, . . . suspension of three (3) months . . (being) the proper, just and reasonable penalty . . .;† and because (b) the company had failed â€Å"to investigate complainant before she was dismissed.† Acting on the employer’s appeal, the National Labor Relations Commission rendered judgment on March 23, 1987, sustaining the Labor Arbiter’s findings Pacific Mills Inc. has instituted in this Court the special civil action of certiorari at bar praying for nullification of the judgment of the NLRC for having been rendered with grave abuse of discretion. In the comment thereon, 7 required of him by the Court, the Solicitor General opined that: . . . both the Labor Arbiter and the NLRC apparently failed to take into consideration the fact that Zenaida Alonzo was dismissed not because of this isolated act (of assault against her superior) but rather because of numerous and repeated violations of company rules and regulations. It was only this last incident which compelled Pacific Mills, Inc. to finally terminate her services. It is the totality of the infractions committed by the employee which should have been considered in determining whether or not there is just cause for her dismissal. Issue: whether or not there is just cause for her dismissal Held: Decisive of this controversy is the judgment of the Court en banc in Wenphil Corporation v. NLRC, promulgated on February 8, 1989, 10 in which the following policy pronouncements were made: Thus in the present case, where the private respondent, who appears to be of violent temper, caused trouble during office hours and even defied his superiors as they tried to pacify him, should not be rewarded with reemployment and back wages. It may encourage him to do even worse and will render a mockery of the rules of discipline that employees are required to observe. Under the circumstances, the dismissal of the private respondent for just cause should be maintained. He has no right to return to his former employer.However, the petitioner (employer) must nevertheless be held to account for failure to extend to private respondent his right to an investigation before causing his dismissal. The rule is explicit as above discussed. The dismissal of an employee must be for just or authorized cause and after due process (Section 1, Rule XIV, Implementing Regulations of the Labor Code). While it is true that Pacific Mills, Inc. had not complied with the requirements of due process prior to removing Zenaida Alonzo from employment, it is also true that subsequently, in the proceedings before the Labor Arbiter in which Zenaida Alonzo had of course taken active part, it had succeeded in satisfactorily proving the commission by Zenaida of many violations of company rules and regulations justifying termination of her employment. Under the circumstances, it is clear that, as the Solicitor General has pointed out, the continuance in the service of the latter is patently inimical to her employer’s interests and that, citing San Miguel Corporation v. NLRC, 11 the law, in protecting the rights of the laborer authorizes neither oppression nor self-destruction of the employer. And it was oppressive and unjust in the premises to require reinstatement of the employee. WHEREFORE, the petition is granted and the challenged decision of the respondent Commission dated March 23, 1987 and that of the Labor Arbiter thereby affirmed, are NULLIFIED AND SET ASIDE. However, the petitioner is ordered to pay private respondent a proportionate part of the 13th month pay due her, amounting to P351.00 as well as to indemnify her in the sum of P1,000.00. No costs. ABANTE v. LAMADRID BEARING & PARTS CORP EMPERMACO B. ABANTE, JR., petitioner, vs. LAMADRID BEARING & PARTS CORP. and JOSE LAMADRID, President, respondents. [G.R. No. 159890 May 28, 2004] FACTS: Petitioner was a salesman of respondent company earning a commission of 3% of the total paid up sales covering the whole area of Mindanao. Aside from selling, he was also tasked with collection. Respondent corporation through its president, often required Abante to report to a particular area and occasionally required him to go to Manila to attend conferences. Later on, bad blood ensued between the parties due to some bad accounts that Lamadrid forced petitioner to cover. Later petitioner found out that respondent had informed his customers not to deal with petitioner since it no longer recognized him as a commission salesman. Petitioner filed a complaint for illegal dismissal with money claims against respondent company and its president, Jose Lamadrid. By way of defense, respondents countered that petitioner was not its employee but a freelance salesman on commission basis. ISSUE: Whether or not petitioner, as a commission salesman, is an employee of respondent corporation. HELD: To determine the existence of an employee-employer relationship, the SC applied the four fold test: 1) the manner of selection and engagement; (2) the payment of wages; (3) the presence or absence of the power of dismissal; and (4) the presence or absence of the power of control. Applying the aforementioned test, an employer-employee relationship is notably absent in this case. It is true that he was paid in commission yet no quota was imposed therefore a dismal performance would not warrant a ground for dismissal. There was no specific office hours he was required to observe. He was not designated to conduct services at a particular area or time. He pursued his selling without interference or supervision from the company. The company did not prescribe the manner of selling merchandise. While he was sometimes required to report to Manila, these were only intended to guide him. Moreover, petitioner was free to offer his services to other companies. Art. 280 is not a crucial factor because it only determines two kinds of employees. It doen;t apply where there is no employer-employee relationship. While the term commission under Article 96 of the LC was construed as being included in the term â€Å"wage†, there is no categorical pronouncement that the payment of commission is conclusive proof of the existence of an employee-employer relationship. R TRANSPORT CORPORATION v ROGELIO EJANDRA G.R. No. 148508 May 20, 2004 CORONA, J.: Facts: Rogelio Ejandra worked as a bus driver of R Transport Corporation and was paid on a 10% commission basis. He informed R Transport’s general manager that his license was confiscated after he was apprehended for a traffic violation. The manager gave him money to redeem his license. Ejandra went to the LTO office everyday but it was only after a week that he was able to get back his license. When he reported back to work, the manager told him to wait until his services were needed again. When asked how long he had to rest, the manager did not give a definite time. Considering himself dismissed, Ejandra filed a complaint for illegal dismissal against R Transport. R Transport denied Ejandra’s allegations and claimed that he abandoned his job; that he lied about his license being confiscated; and that he was not an employee because theirs was a contract of lease and not of employment, being paid on commission basis. The labor arbiter rendered his decision in favor of Ejandra, finding his dismissal to be without just cause and ORDERING R-Transport to REINSTATE him to his former position without loss of seniority and other benefits and to pay him backwages from the time of his dismissal until actual reinstatement. The NLRC affirmed this decision. R Transport filed in the Court of Appeals a petition for certiorari on the ground that the NLRC committed grave abuse of discretion in affirming the decision of the labor arbiter. The CA denied the petition. Issues: 1. Did Ejandra abandon his job? 2. Is there an employer-employee relationship between R Transport and Ejandra? 3. Was private respondent dismissed for just cause? Ruling: 1. No. R Transport failed to prove the requisites constituting abandonment. Ejandra’s absence was justified because the LTO did not release his license until after a week. He never intended to sever his employment as he reported for work as soon as he got his license back. If he abandoned his work, R Transport should have reported such fact to the nearest Regional Office of the Department of Labor and Employment in accordance with Section 7, Rule XXIII, Book V of Department Order No. 9, series of 1997. 2. Yes. R Transport invoked the Supreme Court’s rulings on the right of an employer to dismiss an employee. By adopting said rulings, R Transport impliedly admitted that it was the employer of Ejandra. The fact that Ejandra was paid on commission basis did not rule out the presence of an employee-employer relationship (Article 97(f), Labor Code). 3. No. It also violated Ejandra’s right to procedural due process by not giving him the required notice and hearing provided for in Section 2, Rule XXIII, Book V of Department Order No. 9., series of 1997 (Rules Implementing Book V of the Labor Code). Ramos vs Court of Appeals () 380 SCRA 467 Labor Standards Case Digests Facts: Petitioner Erlinda Ramos was advised to undergo an operation for the removal of her stone in the gallbladder. She was referred to Dr. Hosaka, a surgeon, who agreed to do the operation. The operation wasscheduled on June 17, 1985 in the De los Santos Medical Center. Erlinda was admitted to the medicalcenter the day before the operation. On the following day, she was ready for operation as early as 7:30am.Around 9:30, Dr. Hosaka has not yet arrived. By 10 am, Rogelio wanted to pull out his wife from theoperating room. Dr. Hosaka finally arrived at 12:10 pm more than 3 hours of the scheduled operation.Dr. Guiterres tried to intubate Erlinda. The nail beds of Erlinda were bluish discoloration in her left hand.At 3 pm,Erlinda was being wheeled to the Intensive care Unit and stayed there for a month.Since theill-fated operation,Erlinda remained in comatose condition until she died.The family of Ramos sued them for damages. Issue: WON there was an employee-employer relationship that existed between the Medical Center and Drs.Hosaka and Guiterrez. Held: No employer-employee between the doctors and hospital.Private Hospitals hire, fire and exercise real control over their attending and visiting consultant staff.While consultants are not technically employees, the control exercised, the hiring and the right toterminate consultants fulfill the hallmarks of an employer-employee relationship with the exception of payment of wages. The control test is determining.In applying the four fold test, DLSMC cannot be considered an employer of the respondent doctors.Ithas been consistently held that in determining whether an employer- employee relationship existsbetween the parties, the following elements must be present: (1) selection and engagement of services;(2) payment of wages; (3) the power to hire and fire; and (4) the power to control not only the end to beachieved, but the means to be used in reaching such an end.The hospital does not hire consultants but it accredits and grants him the privilege of maintaining a clinicand/or admitting patients.It is the patient who pays the consultants. The hospital cannot dismiss theconsultant but he may lose his privileges granted by the hospital. The hospitalî€ s obligation is limited toproviding the patient with the preferred room accommodation and other things that will ensure that thedoctors orders are carried out.The court finds that there is no employer-employee relationship between the doctors and the hospital FILAMER CHRISTIAN INSTITUTE v IAC August 17, 1992 FACTS: Funtecha was a working student, being a part-time janitor and scholar of Filamer Christian Institute. One day, Funtecha, who already had a student’s driver’s license, requested Masa, the school driver and son of the school president, to allow him to drive the school vehicle. Assenting to the request, Masastopped the vehicle he was driving and allowed Funtecha to take over behind the wheel. However, after negotiating a sharp dangerous curb, Funtecha came upon a fast moving truck so that hehad to swerve to the right to avoid a collision. Upon swerving, they bumped a pedestrian walking in hislane. The pedestrian died due to the accident. ISSUE: Won Filamer Christian Institute should be held liable HELD: YES First it should be noted that driving the vehicle to and from the house of the school president were bothAllan and Funtecha reside is an act in furtherance of the interest of the petitioner-school. The school jeep had to be brought home so that the school driver can use it to fetch students in the morning of thenext school day. Thus, in learning how to drive while taking the vehicle home in the direction of Allan’s home, Funtechadefinitely was not having a joy ride or for enjoyment, but ultimately, for the service for which the jeepwas intended by the petitioner school.(School president had knowledge of Funtecha’s desire to learn how to drive.) Court is thus constrained to conclude that the act of Funtecha in taking over the steering wheel was onedone for and in behalf of his employer for which act the school cannot deny any responsibility byarguing that it was done beyond the scope of his janitorial duties. The fact that Funtecha was not the school driver does not relieve the school from the burden of rebutting the presumption of negligence on its part. It is sufficient that the act of driving at the time of theincident was for the benefit of the school. Petitioner school has failed to show that it exercised diligence of a good father of a family.Petitioner has not shown that it has set forth rules and guidelines as would prohibit any one of itsemployees from taking control over its vehicles if one is not the official driver or prohibiting theauthorized driver from letting anyone than him to drive the vehicle. Furthermore, school had failed toshow that it impose sanctions or warned its employees against the use of its vehicles by persons other than the driver. Thus, Filamer has an obligation to pay damages for injury arising from the unskilled manner by whichFuntecha drove the vehicle since the law imposes upon the employers vicarious liability for acts or omissions of its employees. The liability of the employer, under Article 2180, is primary and solidary. However, the employer shallhave recourse against the negligent employee for whatever damages are paid to the heirs of theplaintiff. On Labor Code’s Rule X The clause â€Å"within the scope of their assigned tasks† (found in CC) for purposes of raising thepresumption of liability of an employer, includes any act done by an employee, in furtherance of theinterests of the employer or for the account of the employe at the time of the infliction of the injury or damage Even if somehow, the employee driving the vehicle derived some benefit from the act, the existence of a presumptive liability of the employer is determined by answering the question of whether or not theservant was at the time of the accident performing any act in furtherance of his master’s business. Rule X, which provides for the exclusion of working scholars in the employment coverage and on whichthe petitioner is anchoring its defense, is merely a guide to the enforcement of the substantive law onlabor. It is not the decisive law in a civil suit for damage instituted by an injured person during avehicular accident against a working student of a school and against the school itself. Present casedoes not involve a labor dispute.An implementing rule on labor cannot be used by an employer s a shield to avoid liability under thesubstantive provisions of the CC. Motion granted G.R. No. 75112 August 17, 1992 FILAMER CHRISTIAN INSTITUTE, petitioner, vs. HON. INTERMEDIATE APPELLATE COURT, HON. ENRIQUE P. SUPLICO, in his capacity as Judge of the Regional Trial Court, Branch XIV, Roxas City and POTENCIANO KAPUNAN, SR., respondents. GUTIERREZ, JR., J.: FACTS: Funtecha was a working student, being a part-time janitor and a scholar of petitioner Filamer. He was, in relation to the school, an employee even if he was assigned to clean the school premises for only two (2) hours in the morning of each school day. Having a student driver’s license, Funtecha requested the driver, Allan Masa, and was allowed, to take over the vehicle while the latter was on his way home one late afternoon. It is significant to note that the place where Allan lives is also the house of his father, the school president. Allan Masa turned over the vehicle to Funtecha only after driving down a road, a fast moving truck with glaring lights nearly hit them so that they had to swerve to the right to avoid a collision. Upon swerving, they heard a sound as if something had bumped against the vehicle, but they did not stop to check. Actually, the Pinoy jeep swerved towards the pedestrian, Potenciano Kapunan who was walking in his lane in the direction against vehicular traffic, and hit him. ISSUE: WON there exists an employer-employee relationship between the petitioner and its co-defendant Funtecha. HELD:Yes. Funtecha is an employee of petitioner Filamer. He need not have an official appointment for a driver’s position in order that the petitioner may be held responsible for his grossly negligent act, it being sufficient that the act of driving at the time of the incident was for the benefit of the petitioner. Hence, the fact that Funtecha was not the school driver or was not acting within the scope of his janitorial duties does not relieve the petitioner of the burden of rebutting the presumption juris tantum that there was negligence on its part either in the selection of a servant or employee, or in the supervision over him. The petitioner has failed to show proof of its having exercised the required diligence of a good father of a family over its employees Funtecha and Allan.