Adobe Scan 06-Apr-2023

You might also like

Download as pdf or txt
Download as pdf or txt
You are on page 1of 20

( 4.6 1 WOi kau.en'• Compe11111llon Ad.

1923 I
Q.1• &pa.. • ..._., Ad. lt'1
••J■ctl, .._ ..._ .........,, 1 eh J s1frlca1,
..,.___,A,t.
4nL : W• en·• Compa doa Act
• It It IJltt act which paoridn ~ payment by muln
ct.,, et of emplo)u lo thrir worlJ:wa. n
c1N11pnmtian for infury by Kddmt.
Obfectin of worblan conep• c sa!llffl ad I lo
co111pe1:.ute cua,ployccs ~pil'II acddfflta ocrwucd in
11w industry.
Tss •• ..,aa,
Arddnl: Any mitNpptnlng dYt o••w1 Injury to a
ptrKln

Depa1dent : It mNns any of the ffLltiwcs of 1n


•ffrckd wor~ e.g wlk. wklo-wcd 11.olher, minor
IOI\. unm.1rrifd ~ughlff ttc.

Mlaor : Any pt,w.. , "' •• nol n•~ tlYn 11 ynn.


Putlal dl1ablnleftt: Ois1bk::c111 which fflluces the
Hffling cap·x tty of workman and it Is leaupomy
natun-. Lea hr/shr wffl able ta -work •ln aftrr
ICCD\'tiy ••I- Hand factuft..
r'. ·, r)·f ~;:1 r- JL....
I _J'
r 1J -,_) r' I r_J1-,_) IJ j·~~ ;:1,
• ;:1_1) :.....J ___.L_J _J.,,

A protected disclosure is a qualifying


disclosure under the Employment Rights Act
1996 that is made by a worker that they
reasonably believe serious wrongdoing within
the workplace. This will typically relate to
some form of dangerous or illegal activity that
the person has witnessed at work.
'i< Protected Disclosures shall be made in
writing and include as much detail as possible
including dates, individuals/witnesses
involved, and any supporting
material/evidence that may be pertinent to
the allegation.
Comparison Chart: Personal Ethics Professional Ethics
Includes your personal values and moral Rules imposed on an employee in a
company, or as member of
qualities. a profession, e.g. doctor or lawyer.
Incorporated by family, friends and Learnt when you are a part of a professional
setting or when
surroundings since your childhood. you are being trained or educated for working
there.
Examples: honesty, care, and sincerity. Examples: no gossiping, time management,
punctuality,
confidentiality, transparency.
Not conforming to these may harm or Not adhering to these may harm your
professional reputation.
hurt others.
Your personal needs are satisfied by Your professional needs are satisfied by
following these.
folJowing these.
Code of ethics:
Ethical codes are adopted by organizations to assist members in understanding the difference between
'right' and 'wrong' and in applying that understanding to their decisions. An ethical code generally implies
documents at three levels: codes of business ethics, codes of conduct for employees, and codes of
professional practice.

FUNCTIONS OF CODE OF ETHICS:

1) It can express a shared commitment on the part of a professional society's members to strive to satisfy
certain ethical standards and principles.

2) It can help foster an environment in which ethical behavior is the norm

3) It can serve as a guide or reminder in specific situations

4) A code can be a valuable academic and educational legacy for an organization.


13
protected disclosure
A protected disclosure is a qualifying disclosure under the Employment Rights Act 1996 that is made
by a worker that they reasonably believe shows serious wrongdoing within the workplace. This will
typically relate to some form of dangerous or illegal activity that the person bas witnessed at work.

21


.... ....
~~~~ !~~c~!.~~~k?.~V)~~1!!'h~~':1
~!~.1:E!~ ,_.,_.....,_
Affllla- te ,NTU Hy........41. Acue,11-
N:R
-~T.t~r..;:.
11,y N -, A__,M ..y Aleff, - O.,hl
BAMCll:T CODE : VOJIT

Who is covered by a protected disclosure?

To be covered by a protected disc losure the whistlcblowcr must be a worker. However. ··worker"
has a specia l and wide meaning. providi ng protection not onl y to employees. but also to agency
worke rs. apprentices and trainees.

What is the Protected Disclosures Act 20 14?


The Protected Disclosures Act 20 14 aims to protect people who raise concerns about possible
wrongdoing In the workplace . ... It provides for redress for employees who are dismissed or otherwise
penalised for having reponed possible wrongdoing in the workplace.
Roles of Stakeholders

• Direct the Management: The stakeholders can be a part of the board of directors and therefore help in
taking actions. They can take over certain departments like service, human resources or research and
development and manage them for ensuring success.
• They Bring in Money: Stakeholders are the large investors of the company and they can anytime bring
in or take out money from the company. Their decision shall depend upon the company's fmancial
performance. Therefore they can pressurize the management for financial reports and change tactics if
necessary. Some stakeholders can even increase or decrease the investment to change the share price in
the market and thus make the conditions favorable for them.
• Help in Decision Making: Major stakeholders are part of the board of directors. Therefore they also take
decisions along with other board members. They have the power to disrupt the decisions as well. They
and bring n more ideas a threaten the management to obey them. The stakeholders also have all the powers
to appoint senior-level management. Therefore, they are there in all the major decision-making areas.
They also take decisions regarding liquidations and also acquisitions.
• Corporate Conscience: Large stakeholders are the major stakeholders of the company and have
monitored over all the major activities of the company. They can make the company abide by human
rights and environmental laws. They also monitor the outsourcing activities and may vote against any
business decision if it harms the long term goals of the company.
• Other Responsibilities: Apart from the above four major roles they also have some other roles to play in
the company. They can identify new areas for market penetration and increased sales. They can bring in
more marketing ideas. They also attract other investors like honeybees in the company. They can be a part
of a selection board or a representative for the company. Moreover, they can take alJ the major social and
environmental decisions.
Indian Contract Act

The Indian Contract Act, 1872 is an Act of the Parliament of India which
regulates the formation of contracts in India and is the governing law for all the
contracts entered into in India. It applies to all the states of India except for the
state of Jammu and Kashmir.

The Act defines a contract as "an agreement enforceable by law" and lays
down the conditions under which promises made by the parties to a contract
shall be legally binding. It lays down the duties and rights of the parties to a
contract and provides for remedies for breach of contract.

Some of the important provisions of the Act include the rules relating to
formation of a contract, void and voidable contracts, performance of contracts,
discharge of contracts, and remedies for breach of contract. The Act also
provides for specific contracts, such as indemnity, guarantee, bailment, pledge,
and agency.
4.1 : E"Pl~meat of Labour ■ad
Lalwu- and DIiier Collstrudto••nlaled
Laws

Q.1 DIK•• •1111 int of la._. _. ....__. ...


• • ce•tnKtlN 11lae.l a.....
Ana. : EnpFmml of a.bour and a.bour • odwr
midtluction•ftll.11fti Laws
• -auDding tlnd Othff Canltnattian Worms
(R.gulatton of Employmfflt -.I CondiHons ol
Sffvic:.) Act wa ftllCtfd lo ft1KUl.1W tlw
ftllployfflftll aid conditiotls of wrvb and lo
pnwldr for llkty, hNJth And Wlllf•rtt IIWIUl'n lot
a\WI of building and Olhft constn.ction worbn In
di&' cuuntry.
• 11w Ad ls •pplk•bltt lo ""'Y ~ which
ffllplayl 10 or more worbn in any building or
athtt rm11tnactian work.
• Thrff Is pnwlslan of cm.ttitution ol Cffltral and dw
St.t. Advbory Coaunlllft' lo advlJtt dw •pproprww
Cowrnmnts on ruttffS •risinat out of
administration of It.- a.w bftidn constitution of
W•lf~ 8ouds by dw Suw GowrnrMnll and
Rgisb•don of bftwfimrift und« I.ht- Ad and
provislan for dwlr idmlity ards ~.
• 11w Building .net odwr Construction Worlns
W•lf•~ Qu Ad wn ftllCtfd lilnula.ntoualy lo
pnwtdtt Irv)' of cna an mnstruc:tion cmt ta ~ fMld
by nnployc-r.
• Lisi of a.bout l,w1 ft\ldmffllS ar. u undff:
I. 1lw Employl!n• ComPffiYlian Act. 1923
l. 11w Trad. Unionl Act. 1926
3.. Thr P•ymmt of Wagn Act. 1936
4. 11w lndustri.tl Employmrnt (Sunding Ordfts)
Ad.19'6

Cf•
~
Tender/Proposal-
A tender is an offer in writing for executing certain
specified work or supplying SP.ecified materials subject to
certain tenns and conartions like red time limit
specifications etc.
Requisite of a valid tender
1.unconditionally
2. at a. proper place
3. at proper time
4. ine a proper manner
5. proper person
6. figuring the terms of obligation
7. visible and willing to perform his obligations
8. offering a reasonable opportunity for inspection
9. for full amount.
BID-
A formal proposal to deliver goods aur services at a
specified price as well as describing that the tender
contract requirement will be met.

BID EVALUATION-
Bid evaluation is the process that takes place of the
tenders submission deadline. it involves the opening
and examining of the bids to identify the preferred
supplier for ttie project negotiations may then be
entered into with one or more suppliers and the
successful suppliers and successful supplier
awarded the contract
4. TENDERJNG PROCESS

Tendering process can be: divided in 10 six sages. These stages arc shown in below
picture.

Stage 2:
Stage 1: ~ Stage 3:
APPROVAL
PREPARATION DOCUMENTATION
TO TENDER

Stage 6:
Stage 5: : . - stage4:
l_
AWARD
PROCESSING INVITATION
CONTRACT

Stage I: Preparation
• Final completion of drawings. speci lica1ion. masurcmcn1 / mke-ofT process.
• Choose conditions of con1rac1.
• Panics involved: archi1cc1. engineers. QS, client. project manager

Stage 2: Approval to tender


• Discussion and decision on lypc or tender to be: used.
• Selection of lender:
• Open
• Selective
• Ncgotial.c
• Panics involved: client, consultant. project manager.

PAC[ u

STAGE J,: TENDER DOCUMENTATION


• Lcuer or invitation to tender
• Letter or acc1.-ptarn:c
• Bills or quantities
• Relevant drawings
• Schedule of rates
Stage 4: Invitation
• Based on selection of tendering methods
• Open / competitive / bid tender - produce tender no1ice
• Selective - shot listed contractors will be invited lo tender if they wish
• Nego1ia1ed - only one contractor is approached- direct entry 10 project

Stage S: Processing
• Received I.ender submitted by contractor
• Tender assessment / evaluation
• Complc1ed tenders an: received
• Arithmetical check
• Reasonable tender sum
• Reasonable completion time
• Capabilities of t.endercrs under considerations
• Tender recommendation / rcpon - tender board

Stage 6: Award contract


• Pre-award mec1ing with contrac1ors - validation of lowest complying bid
• Validate lowest bid - Pre-contra.ct mee1ing with contractor for conlracl signing
• Approval by tender board / treasury (tender exceeds RM IO mill.) - an
acceptance of tender fonn is issued to tenderer , signed by 1he au1horized officer
PAGEu
What is a Bid
Proposal?
Summer Banks
Last Modified Date: March 12, 2023

A bid proposal is an explanation of the


services or products offered at an estimated
cost to a company. When the bid proposal is
unsolicited, there is no contractual agreement
between the bid recipient and its author. If the
proposal is submitted in response to a
request for proposal (RFP), it can be
accepted as a bid later in the contracting
process.

The bid proposal is often submitted with the


use of a bid form. This can be handwritten or
printed from software used for professional
bidding. Generally, the form is completed in
duplicate, with the one copy being kept on file
by the bidder and the other sent to the
business requesting the bid. Such a business
proposal can include key points related to the
completion of the job, including the time frame
for completion, total cost, and materials
needed to complete the job.
Service agencies (role governed
by contracts and regulatory Acts
and Standards)

Manufacturers

A contract manufacturer ("CM") is a


manufacturer that enters into a contract
with a firm to produce components or
products for that firm. It is a form of
outsourcing. In a contract manufacturing
business model, the hiring firm
proaches the contract manufacturer
·th a design or formula. The contract
anufacturer will quote the parts based
on processes, labor, tooling, and material
costs. Typically a hiring firm will request
quotes from multiple CMs. After the
bidding process is complete, the hiring
firm will select a source, and then, for the
agreed-upon price, the CM acts as the
hiring firm's factory, producing and
shipping units of the design on b If of
the hiring firm.
4. 4 Industrial Disputes Act,
1947

According to section 2 (k) "industrial


dispute" means any dispute or difference
between employers and employers, or
between employers and workmen, or
between workmen and workmen, which
is connected with the employment or
non-employment or the terms of
employment or with the conditions of
labour, of any person.

Authorities under this act

(Section 3) Works Committee:

(1) In the case of any industrial


establishment in which one hundred or
more workmen are employed or have
been employed on any day in the
preceding twelve months, the
appropriate Government may by general
or special order require the em
constitute in the prescribed
Perspective of Contractors

The staying power and boom within


side the production enterprise around the
world of the exercise of outsourcing
labour via subcontractors may be defined
via way of means of the widespread
blessings it gives to contractors. First and
important is flexibility within side the
recruitment of labour. Outsourcing
permits contractors and subcontractors
to get the labour they want after they
ant it and to pay for it best whilst
.. eeded (Vaid, 1999). Hence labour will
ecome a variable in place of a set fee.
his type of flexibility is particularly
critical in production because of
fluctuating labour requirements, which
stem in element from versions within
side the contractor's workload, however
additionally from modifications within
side the product mix. Neither production
merchandise nor capabilities are
homogeneous. Building pr
particularly ca lls for n huge v
1
a p;Jh iJiti es with frequent, frequ e
4.3 Labour sub-contract

Subcontracting is the exercise of


assigning, or outsourcing, a part of the
duties and responsibilities below a
settle1nent to some other celebration
referred to as a subcontractor.
Subcontracting is in particular universal
in regions in which complicated
initiatives are the norm, inclusive of
production and facts technology.
Subcontractors are employed with the aid
f using the task's standard contractor,
ho maintains to have general obligation
r task finishing touch and execution
inside its stipulated parameters and
deadlines. This can create a
subcontractor chance for compliance.

Using the development enterprise as


an example, while a central attthority
frame or a business enterprise desires to
construct or make upke co
infrastructure, it might general ·d
the settlement for the task to a co
A service provider is engaged to
provide an e-Procurement system
covering the following:

i) All steps involved, starting from


hosting of tenders to determination of
techno-commercially acceptable lowest
bidder, are covered;

Ii) The system archives the


information and generates reports
required for the management
· formation system/decision support
stem;

Iii) A helpdesk is available for on1ine


and offline support to different
stakeholders;

Iv) The system arranges and updates


the Digital Signature Certificate (DSC) for
Departmental users; and

v) Different documents, for d


so on, for the e-Procurement sy, e
available.
L-- -==----------------1
4.5 Collective bargaining
~

Collective bargaining is the process in


which working people, through their
unions, negotiate contracts with their
employers to determine their terms of
employment, including pay, benefits,
hours, leave, job health and safety
policies, ways to balance work and
family, and more. Collective bargaining is
a way to solve workplace problems. It is
also the best means for raising wages in
erica. Indeed, through collective
argaining, working people in unions
ave higher wages, better benefits and
safer workplaces.

You might also like