Recent orders
UAE and DIFC Labor Laws
UAE and DIFC Labor Laws
The United Arab Emirates federal law no. 8 of 1980 has for a long period of time been the only statue regulating employment affairs in the entire UAE. The law is generally called the Labour law. However the introduction of the Dubai International Financial Centre (DIFC) in 2004 which up to date is perceived to have viable potential of initiating its own legislation applicable within the DICF prevailed over the UAE law. It in fact enacted its own Employment Law No. 4 in 2005 commonly referred to as the DIFC Law with the aim of ensuring that workers within the DIFC were subjected to minimum international standards and employment terms. A casual view at the two laws; the labour law and the DIFC law, depicts no difference although a detailed overview of the two brings out vital discrepancies amid the two. This research paper seeks to highlight the key differences amid the two sections of legislation (Davis, 1999).
The first discrepancy between the two laws is depicted in the probation periods for employees. The labour law exclusively permits the provision of probationary time frame of six months to be imposed on novel employees. During this period or upon its completion, the employer is at liberty to terminate the employee without notice. On the other hand, the DIFC law does not give a specific probation period. Instead, it recommends minimum notice requirements depending on the period of time the worker has been employed. The probation period is meant to avail the employer with adequate opportunities to evaluate the competence of an employee in the field in which he or she has been recruited. It also mandates the employer to terminate an employee without notice if he or she deems the services provided by the employee are not satisfactory. Essentially, the labour law has set a specific period of time for such assessment while the DIFC consent to the employer determining the time frame for this activity(Human rights watch, 2007).
The other difference amid the two laws is on provisions of gratuity. Both the Labour law and the DIFC law include the gratuity provisions in that every worker is guaranteed a lump sum imbursement benefit ensued by termination of their respective employment. The amount of money is calculated according to the period of employment such that both laws pay twenty one days’ basic salary for the initial five years and thirty days’ basic salary for a period of service beyond five years. The difference between the two laws however is in the reductions in the benefits imbursement when a worker resigns or terminates his or her services. As far as the Labour law is concerned, such a scenario warrants gratuity reduction by two thirds for employees who have worked for one to three years and by one third for employees who have been of service for three to five years. The law requires that no gratuity reduction be made for employees who have worked for more than five years and have decided to quit. The DIFC Law on the other hand provides no such reduction enabling employees who have resigned or have been terminated to enjoy their full gratuity. The DIFC Law therefore is employee friendly as far as gratuity reductions are concerned (Davis, 1999).
Concerning female employees, the Labour Law allows forty five days’ maternity leave with full salary for employees who have served for one year or more continually. Female employees who have worked for less than one year are entitled to forty five days’ maternity leave at half pay. DIFC Law on the other hand stipulates that a female employee who has worked for at least twelve months is entitled to ninety days maternity leave. The first forty five days are at full pay and the remaining forty five days are granted at half the pay. Nevertheless, female employees who have been employed for less than one year are not entitled for pay during their ninety days maternity leave.
Article 120 of the Labour Law outlines a comprehensive list of situations that may warrant an employer to terminate the services of an employee without prior notice or benefit of gratuity. The DIFC Law however provides no such instances and therefore encourages the employer to dismiss an employee without prior written notice or gratuity benefit. The employer in this circumstance is at liberty to terminate the services of an employee when he or she believes that the conduct of the employee warrants it (Davis, 1999). The DIFC Law therefore avails the employer the mandate to determine the kind of conduct he or she perceives as inappropriate to guarantee summary dismissal without gratuity benefit or notice (Human rights watch, 2007).
Finally, the Law clearly stipulates that when an employer dismisses an employee on grounds not related to his or her competence, then the employee is entitled to full pay for a maximum of three months. DIFC Law on the other hand provides no provisions for compensation to employees in instances of arbitrary dismissal or redundancy. Nevertheless, the director of employment standards in the DIFC is mandated by the law to award compensation to terminated employees if he or she believes that the worker was dismissed unfairly (Davis, 1999).
To conclude, it is evident that even though several concepts of the law are applicable in the two laws; Labour Law and DIFC Law, a number of these perceptions differ. It is also apparent that some concepts of the DIFC Law are quite beneficial to the employer while others are favourable the employee. For instance the section that entails the probation period to employees greatly favour the employer at the expense of the employee. The section of DIFC Law that regulates the provision of gratuity to a large extent favours the employee more than the employer. Similarly some of the Labour Law applications favour the employee at the expense of the employer and vice versa. In the contemporary United Arab Emirates, broad discussions and views are being put together by the legislators to modernize its labour law. This is intended to ensure that the working conditions in the region are favourable to both the employer and the employee (Davis, 1999).
Works Cited
DAVIS, J. E. (1999). The labour laws. London, Butterworths.
http://www.gale.com/ModernLaw/.
Human Rights Watch (Organization). 2007. The UAE’s draft labor law Human Rights Watch’s
comments and recommendations. [New York]: Human Rights Watch.
U.S. Military History (M2d1 to M4d2)
U.S. Military History (M2d1 – M4d2)
M2D1: War of 1812 (Primary Reason America Went to War)
Madison decision to go to war with Britain was compelled by a number of factors. One of the official reasons given by the government for making this decision was due to British Impress. During this time Britain was already fighting with Napoleon Bonaparte a France leader. Though they had the largest size of navy worldwide at the time, they treated their sailors harshly and paid them low. As a result, many of their sailors abandoned their ships to go and work in American ships with better pay and better living conditions. The higher influx in number of sailors departing led to shortage in human resource for the Britain ships. The Britain government devised a legislation to authorize British Royal Navy to search other countries ships and look for sailors who had deserted and reinstate them to their posts even by force. This impress affected Americans most as most of the sailors had departed to Americas merchant ships (Harney, 1989). These ships became the common targets of British navy in high tide, where their ships were stopped and people working on them with energy were taken by force being assumed to be deserters. This irritated many congressmen in Madison government and they used it as a reason to go to war with Britain. The frequent impressments of American by British were viewed as an insult to the country sovereignty.
America was also causing worry to Britain with its expansion in shipping. This growth threatened British supremacy in commerce, as well as its safety and naval power. The British therefore, thought that by reducing this shipping they would incapacitate their enemy France. This interference with America’s trade also contributed to the war. These blockades attempted to control the number of ships going to France by insisting that they must do so by passing through her ports. America saw this as a violation of her independence considering the colonial period. American outburst on violation of her sovereign rights became evident following Chesapeake ship attack in 1807.
M2D2: Westward Expansion
The primary reason why Jackson addressed the issue of Native in Congress was in full realization that the country in its rapid expansion to the west would cause harm to the Natives. He knew that humanitarian measures needed to be taken to ensure that Natives cultural rights were not infringed upon as they interacted with civilized community. He knew that the White settlers would harm the Natives if the government failed to take precautionary measures. This draws from his argument that they had come to realize that these native community cannot prosper while living alongside civilized community (“Archives of the West” n.d).
As a leader who embraced development for all people, his speech reflects commitment to better the life of the common man. He envisaged a place where the natives could be left to chat their own development and at their own pace. He wanted to empower them economically to be able to thrive in the absence of competition with the rich. He wanted them to have an opportunity to participate in national development. This is in particular paying attention to the fact that he proposed creation of schools for them in the new land and there was also an opportunity to pick interpreters from the Indian where one was needed to contact them.
M3D1: The Mexican War’s Impact on the United States
The Mexican American War had several impacts in United States. They include territorial gains, and emerging conflict on expansion of slavery trade in the new territory. Through the signing of the treaty between Mexico and the government of United States more states like California, and New Mexico that comprises of Arizona, Nevada and Utah were added to the territory. This new acquisition brought about arguments on the state of slavery in the newly acquired land. It aggravated the Northern and Southern divide. David Wilmot proviso attempted to bar slavery in the new territories. In essence this typified the desire by the Northerners to outlaw slavery in order to maintain their political power. This led to more conflict and split in congress eventually culminating in the civil war. This shows that the war impact was two folds. On one side the state benefitted by adding huge chunks of land, but on the other there was disruption with break of congress and growing hatred between the South and North.
The American Mexican war was also very popular among the people. As a result, many of them rushed to recruitment stations in order to join the army. This indicates that the war impact on the country militarization was somehow positive. Besides, the naval had also contributed immensely in the war. Besides, the war was an important training platform for American soldiers, who later went to serve in the Civil War.
M3D2: The Mexican War and Manifest Destiny
One of the factors that led to western expansion was the need for more land for cultivation. At the time land was considered an important asset. Existence of unused lands in the west acted as an economic incentive for westward expansion. Technology is also another economic incentive that led to westward expansion. This is particularly in communication. Railroads allowed westward expansion. People could afford with these technologies to migrate to the west where cheap land and labor were available (University of Southern California, 2008). There was also the sense of civilization and the need to spread American way of life to the rest of the world. Many Americans had come to belief in the concept of Manifest of Destiny. It was believed that it was the fate of American to dominate the entire North America. American style of democracy was idolized by many and they wanted to spread it across the continent. To achieve this there was the need to subdue the natives and convert their way of life.
Some of the forces against the spread of Americans to the West include Mexico and the Great Britain. In acquiring Oregon for instance, Britain was in opposition. The Britain claim on Oregon was later dropped and their government handed it over to United States. The greatest struggle was in winning Mexican territory. The revolt to annex part of Mexico started at Texas with American Settlers rejecting the Mexican rules. The Mexican war between 1846 and 1848 led to control of more territory.
M4D1: Battle of Gettysburg
The battle of Gettysburg was an attempt by Rober E.Lee to invade the North and reduce mounting pressure from Virginia, to have time for growing crops. This was an important area that used to feed the confederate. Besides, he was also aware that getting more victory would pressure Abraham Lincoln to deliberate on how to bring the war to an end and provide South an opportunity to build their military. However, his lack of preparedness especially in organizing troop leader caused the South one of its greatest losses. For instance, despite having a very good plan he never understood the condition of his troop leaders.
In the battle of Gettysburg and the civil war new weapons emerged making the battle one of the most fierce. They include various types of cannons such as 12-pounder bronze gun that was commonly referred to as Napoleon (“Battle of Gettysburg”, n.d). Its long range fire and accuracy made it one of the most lethal weapons at the time. It was common among the Northern and used effectively to hold the southern confederate in the Gettysburg. Apart from the weapons strategy in formation during the battle were also unique.
M4D2: The Civil War
In my opinion the greatest cause of the civil war taking into consideration other factors was election of President Abraham Lincoln. As an ardent support of slavery abolition he provoked fury in many Southerners supporting spread of slavery to other territories. The Southerners believed that with his election he would favor the North. This is supported by secession of seven states from the union before his election and another four after. They include South Carolina, Florida, Mississippi, Alabama, Louisiana, Georgia, and Texas (“Southern States Secede:” n.d).
One of the challenges that the new president faced was restoring confidence that as a republican he would unite the highly polarized Union. Many doubted this especially because the North had for a long time had the higher hand in federal government. This meant that the Southern democrats were skeptical about his leadership. The challenge became worse with the formation of the Southern Confederate. All the states that had seceded from the union held a delegate meeting at Montgomery, Alabama, which sought to deliberate the formation of Southern government.
References
“Battle of Gettysburg”. (n.d). Battle of Gettysburg Union and Confederate Armies Infantry, Cavalry, Artillery, Weapons, and Tactics. Retrieved on May 16, 2013, from http://thomaslegion.net/battle_of_gettysburg_infantry_cavalry_artillery_weapons_tactics_strategy.html
Archives of the West. (n.d). Indian Removal Extract from Andrew Jackson’s Seventh Annual message to Congress. Retrieved on May 16, 2013, from: http://www.pbs.org/weta/thewest/resources/archives/two/removal.htm
Harney, M. W. W. (1989). The Causes of the War of 1812. Retrieved on May 16, 2013, from http://www.globalsecurity.org/military/library/report/1989/HWW.htm
“Southern States Secede: South and Secession”. Why did the Southern States Secede? Retrieved May 16, 2013, from http://thomaslegion.net/south_secede_southern_secession_states_rights_constitution.html
University of Southern California. (2008). What Caused Westward Expansion in the United States? ScienceDAily. Retrieved may 16, 2013, from http://www.sciencedaily.com /releases/2008/02/080228150402.htm
Myth, The Native American people of North America
Name
Instructor
Course
Date
Myth
Question 1
With due regard to customary conviction, a Creator (gender is uncertain), which is past mortal comprehension but is expressed through natural phenomena, created the universe within four days. Facets of the Creator may be manifested in the natural universe like wind and thunder, and the corporeal depiction is perceived to be the sun. Moreover, there exist two Culture protagonists, the Twin War Gods, Born for Water and Destroyer of Enemies, not counting heroine, White Painted Woman. Power covers the universe and can be used to commit decent or ill deeds (Chebahta et al, 53).
The Native American people of North America do not share one, amalgamated form of mythology. Different tribes of the Native American people established their own distinct stories about the formation of the universe, and the lives and actions of immortals and heroes. Nevertheless, regardless of the colossal range of Native American mythologies, certain mythic subjects, characters, and stories exist in several of the Native American cultures. The fundamental basis of all the myths is the notion that spiritual forces can be sensed throughout the natural universe including the animals, winds, and clouds, that they form and maintain. A majority of the stories clarify how the deeds of gods, protagonists, and ancestors gave the world/earth its present-day form.
An exemplary illustration of the several myths is the belief of the Western Apache myth of creation. This tribal group believes that there are several paranormal powers linked with natural occurrences. The aforementioned powers are neutral with regard to decent and sinful acts, but they can be employed for numerous individual devotions. An individual can manage these powers by either pursuing or improving those inherently endowed upon him/her (Clements, 155). Belief is buttressed by a mythology that clarifies the creation of the universe and embraces more than a few immortals. Principal are the Life Givers that are occasionally acknowledged with the sun; Shifting Woman, root of perpetual youth and life; and her twins, Killer of Monsters and Child of Water. Possessing equal significance are anthropomorphic mountain spirits termed as ‘gaan.’ Additional vital figures in Apache myths are Old Man Big Owl and the Coyote. Agents of powers are coined as shaman. Those who possess their own knowledge covertly and employ it for their own benefits are witches.
Some time ago, vast number of curing rituals existed, each linked to an explicit power. These rituals were executed as individual treatment appeared reasonable. The sole major ritual that is still implemented to date is girl’s puberty rituals, which are both a rite of passage and a communal ceremony. It possesses the power of Transforming Woman to certify individual health, long life and communal wellbeing. In the past two decades, this ritual has been expounded, with posh gift exchanges persistent between kinsfolks of the girl and that of her godparents for quite a few years after the first ritual.
In the recent years, both Western medicine and customary rituals were employed in numerous arrangements. Currently, contemporary Western medicine is the principal form of medicine treatment, although Transforming Woman’s power is pursued at puberty rites, and certain individual Apaches know songs and prayers to powers, which they employ fundamentally within their direct families. Every individual is given a prearranged life span, which unless ferocity interposes, will end as a result of old age. Perceptions of life after death are ambiguous. Distinct activities are taken to ensure the dead do not resurrect and attempt to entice the living to accompany them.
Question 2
The use of animals in myths implies that non-human entities have a spirit or soul equivalent to According to Native American mythologies, the land turtle (Jebuti) acquired its stippled shell in a drop to earth as it tried to get to the heavens with the aid of a bird so that he can play a flute at a festival. Contrariwise, in Asia, the customary Chinese personality signifying the turtle, It is depicted by a head similar to that of a snake at the topmost, to the mid-left side of the paws, up to the mid-right side of the shell, and the extremity at the tail. According to the scriptures in the book titled, ‘Book of Ceremonies’, a tortoise, phoenix, and dragons are the main fundamental entities that possess spirit/soul. During the era of the ancient Chinese, the shells of tortoise were utilized for prophecy (Ferraro, 241). Some Chinese actually suggest that ancient Chinese scripts were taken from the marks on the back of a tortoise.
The Chinese people have the perception that the tortoise is sanctified and denotes obstinacy, authority, and long life. Chinese myths claim that the tortoise assisted P’an Ku to make the world: the maker goddess Nugua chops off the legs of a sea turtle and utilizes them to buttress the sky subsequent to the deed of Gong Gong thereby putting an end to the mountain that propped up the sky. The level plastron and hemispherical shell of a turtle corresponds the ancient Chinese notion of an even world and an arched sky. According to them, the tortoise signifies the entire universe. Furthermore, the Chinese Army had flags with appearances of tortoises and dragons as signs of unmatched supremacy and solitariness (Chebahtah, and Nancy 78). These were utilized because the animals clashed each other but both managed to stay alive. The tortoise cannot reach the dragon while the latter cannot break the tortoises’ shell.
The Chinese people also referred to the tortoise as the black warrior, depicting supremacy, obstinacy, and long life, other than that of winter and north. The tortoise was regularly placed at the foundation of monuments. According to Chinese legends, the wooden pillars of the Temple of Heaven in Beijing were erected on the shells of living tortoises since people had the perception that tortoises were capable of existing for over 2000 years without either water or food and are embellished with mystic power that averts wood from decomposing. Meanwhile in Africa, many mythologies depict the tortoise as a clever/wise animal. In a museum in Brooklyn, there exists a human replica sitting on its heels on a turtle, in Africa, and the figure dates back to the 19th century (Blake, 8).
Question 3
On a beautiful summer day in 1965, our God, named Charlie, managed to view the light of the world for the very first time in Big Apple/New York. Although his father was also God who was well renowned as Martin, Charlie strived with all his might and will to beat his father in all domains of supernatural powers. Charlie was often depicted as very lazy and sometimes very bored because of the fact that he was born with the silver spoon in his mouth. Therefore, on that special summer day in 1965, Charlie picked a couple of hairs from his head and started counting them. There were precisely five strands of hair, which Charlie had managed to yank from his head. However, the interesting thing in this act of plucking the strands of hair from his head is that Charlie did not throw these strands of hair away. He packed the five strands of hair in one envelope and put it in the box in his big room. A number of years after this act, Charlie made an effort to determine if his five strands of hair still existed and he affirmed their existences. From the moment of affirmation, Charlie decided that he would carry with him the envelope everywhere he went. Since Charlie was a womanizer since he met numerous women during his lifetime.
Due to the aforementioned statement, Charlie requested two different women to move in with him in his penthouse in New York. Both women who moved in with Charlie were brunettes with long healthy hair. One day, Charlie forgot to carry his envelope containing the five strands of hair. On the same fateful day, the women managed to get hold of the envelope and its content. They saw the hairs and argued whose hairs were in the envelope. The two women assumed that the five strands of hair belonged to either of them. They argued so much about the strands of hair; hence, causing commotion in the house. This forced the neighbors to call Charlie to come home and see what was happening there. Charlie managed to come back home in time and settled the dispute. After that, he repossessed his envelope containing his five strands of hair. He cleared the air by asserting that the contents of the envelope were his. He gave the women two strands hair, one for each of them. One hair was given to the peaceful woman while the other high-tempered woman was given the other strand. After short time, Charlie had a fight with the two women and ended up living alone in his penthouse while retaining possession of three strands of hair.
Charlie possessed the virtue of patience, since he waited for a long time before meeting another woman called Brooke, who gave birth to his child. Brooke loved gardening and enjoyed the various fruits mother earth gave her. Once Brooke gave birth to their first child, Charlie instructed her to bury the hair from a hole in the garden. Unfortunately, the hole in which the hair was buried caught fire, burning Brooke’s garden. She was so angry with Charlie that she made the decisions to move out and dump Charlie. Charlie managed to move on and nursed the heartbreak. He managed to find another wife called Denise who also managed to bear Charlie a child. Denise’s hobby was sailing and enjoying the beautiful serene environment that Mother Nature had to offer. Charlie gave her the fourth strand of his hair with the belief that she was the one. Regrettably, the couple had a misunderstanding; hence, Denise and Charlie parted ways. In a pact of ensuring that she had severed all ties that she had with Charlie, Denise dumped the strand of hair in the sea while having one of her numerous voyages in a cruise ship.
Charlie stayed with his final strand of hair. He decided to keep it forever. Previously, Charlie thought that all the strands of hair were meant to be given only to the woman who won his heart and soul. After the four heartbreaks, Charlie vowed never to love another woman again retained the last strand of his hair which brought him eternal luck and joy.
Works Cited
Blake, Andrea. Let’s Learn with Myths. Carlton (Vic.: Curriculum Corporation, 2005.
Chebahtah, William, and Nancy M. G. Minor. Chevato: The Story of the Apache Warrior Who Captured Herman Lehmann. Lincoln: University of Nebraska Press, 2007.
Clements, William M. Imagining Geronimo: An Apache Icon in Popular Culture. Albuquerque: University of New Mexico Press, 2013.
Ferraro, Gary P. Cultural Anthropology: An Applied Perspective. Belmont, CA: Thomson/Wadsworth, 2008.
Preece, Rod. Animals and Nature: Cultural Myths, Cultural Realities. Vancouver [B.C.: UBC Press, 1999.