There is no use denying the fact that the sphere of relations between an employer and employee is a very complicated issue. There are many various peculiarities that introduce some limits or describe terms of the relations between these two agents. Under these conditions, the working contract between an employer and employee becomes a very important document that helps to regulate this sort of relations and control the activity of the employer and employee, for them to act in terms of the existing contract (Wempe, 2008). This document could also be taken as the guaranty of the protection of interests of one of the sides of the process. In case if someone acts not in accordance with the main aspects of the contract, there are tribunals and courts that could help to find the needed solution.
tailored to your instructions
for only $13.00 $11.05/page
The case with Peter and Xara could be taken as the bright example of the importance of a contract. The fact is that Peter makes a great mistake when starts to work without a good contract that fixes the main principles of his cooperation with Xara. The absence of the good contract helps Harry, a procurement manager, to dictate his own conditions and change the main principles of their cooperation. Harry wisely uses several tactics that help him to obtain the needed result.
First of all, Harry knows that the Peter has already started to work on the project and created several concepts. It means that he is really interested in the given proposal and, moreover, it will be difficult for him to refuse, because some part of the work has already been done and refusal will mean that there will be no payment for it. Being an experienced worker, Harry obviously knows that there is no contract and, that is why, Peter counts on some decency and business conventions. However, business is a complicated issue and everything should be organized in accordance with the law. That is why, Harry has a great advantage here.
Secondly, Harry also uses the psychological pressure to make Peter work under the proposed conditions. The manager appoints the last-minute meeting and presents the situation in the way which is unexpected to Peter. The facts outlined by Harry confuse Peter who thought that the contract would be unchanged and his conditions would be accepted. Moreover, Peter feels stress because of the tempos and recognition of the fact that there is no time to hesitate and reconsider some approaches. That is why, Harry achieves the desired result.
Finally, Harry points out the fact that bosses do not agree with the given conditions, however, in case of 25% discount they will accept the proposal and will sing the contract. It is obvious that Peter wants this contract and counts on it. The fact that it will be signed immediately influences him on the subconscious level greatly and he becomes ready to accept any conditions. Moreover, he has already started to work on the given project and that is why, it is quite difficult for him to refuse as some his efforts will not be paid.
The given facts show that Harry used three various practices that helped him to achieve the needed result and persuade Peter.
At the first gaze, it might seem that Harry acts unethically and uses his positions to make Peter accept the conditions that are not beneficial for him. However, one should remember the fact that the sphere of business is organized in accordance with the certain laws and has its own unique ethics (Plimpton, 2014). In terms of its main peculiarities, Harry acts in a wise way that helps his company to obtain a good worker and sign up a beneficial contract.
as little as 3 hours
That is why, his actions are quite acceptable (Karrass, 2013). Speaking about the rights of all sides of this situation and their leverages, it is vital to mention the absence of the clear contract that regulates the relations of Peter as an employee and Xara as an employer. The fact is that the main conditions of Peter and Xaras working relations are not fixed by the contract. Moreover, Peter is not guaranteed this very job and certain conditions. That is why, all these facts are used by Harry and bosses. who change the terms of the contract. They obviously have more leverages of influence in the given situation. If Peter has not accepted the given proposal, he will not obtain the given place and will not continue cooperation with Xara. His progress in this project will become useless and the time will also be spent in vain.
Moreover, Peter really needs this contract as it could help him to become more important and influential designer and count on the improvement of his image and new and even more beneficial contracts. That is why, it is possible to make a conclusion that Harry plays a winning game as Peter has no possibility to refuse or insist on the improvement of the terms of the contract.
Resting on the above-mentioned facts, it is possible to suggest several actions that Peter might perform in order to avoid the above-mentioned situation. First of all, it is obvious that the terms of the contract should be discussed at the very beginning of the working process (Cruise, 2014). It is vital for any specialist to take into account the fact that the contract is the most important document that will protect his interests and help to feel protected.
That is why, if Peter has some certain demands towards Xara and has a clear vision of his contract, he should sign it at the very beginning of the cooperation. Additionally, the work on the project should start only after the creation of the clear order. However, Peter has made a certain progress and only after that he is suggested a contract with the conditions which are not good for him. That is why. his unwise actions resulted in the deterioration of the terms of the contract.
The second practice, which could help him to obtain the favorable position lies in the fact that he should not give the company his free proposal. Xara accepted it and it shows that the given proposal is good and efficient. That is why, the given proposal should be suggested the company only after the completion of the contract. It could help Peter to obtain the more favorable position as the company will be dependent on him and will have to sign up a contract in order to obtain the needed project and start the campaign. Nevertheless, it is possible to conclude that Peter should have acted in the more wise and efficient way in order to obtain some benefits.
There is no use denying the fact that any company which is going to continue its development and turn into a great international corporation has to work on the international level in order to obtain new market and partners that could help it to continue its evolution. That is why, officials of the company should have the basic knowledge of the main peculiarities of the culture of the hypothetical partners. It is possible to suggest the analysis of some basic traits of two various cultures in order to compare them and determine what impact these aspects might have of business and negotiations.
Taking into account the peculiarities of the modern trends in the economy, it is possible to suggest to perform the analysis of the main traits of American culture, as the representative of the Western mentality, and the Japanese culture, as the representative of the Eastern world.
Thus, speaking about the aspects of Japanese culture that might have the great impact on business and negotiations, it is vital to mention the following three issues. First of all, people who belong to this culture are very hardworking. Japanese people get used to the hard work and believe that success could be achieved only with the help of great efforts devoted to a certain issue. This fact helps them to develop their business project and achieve even very complicated goals (King, 2009).
The second aspect is their adherence to the rules and laws that regulate a certain sphere. If there is a code that limits the functioning of a company, this code will be followed inviolately. In the sphere of business this characteristic helps to organize every project and create the legal base for its beneficial development. Moreover, a company which functions according to this pattern, could easily protect itself as there are no violations in its functioning.
Finally, another important aspect is honesty. The fact is that due to the peculiarities of the development of Japan, people have their unique attitude towards this issue and they try to use them while organizing and managing their own business. Representatives of Japanese culture follow their own ethics code and consider it to be very important for the given sphere. That is why, it is almost impossible to expect from them some unfair actions that contradict the given code.
However, speaking about the American culture, it is possible to outline the following issues.
First of all, representatives of this culture are very pragmatic. That is why, their functioning is determined by the aim to obtain some benefit and guarantee the further prosperous living and development. Being based on this very principle, the business will also be aimed at some extra benefits and incomes (Sheer & Chen, 2003). Thus, representatives of this very culture will use the way that will guarantee the fastest and the best result.
Besides, another peculiarity of the given culture is self-confidence. American businessmen are sure in their forces and have no hesitations about the result of their actions. That is why, in the sphere of business they are very assertive and even aggressive. Trying to promote their own business, they use all remedies that are at their disposal and do not take into account conditions and obstacles that might prevent them.
Finally, it is the possibility to handle with the representatives of various cultures. The fact is that the U.S. society is multinational and is comprised of a great number of people who have various cultures. That is why, citizens of this state are able to communicate with them as tolerance is the main aspect of the existence of this very society. This peculiarity helps American businessmen to work at the international level taking into account the peculiarities of the partners culture.
Analyzing the given aspects, it is possible to say that in business negotiations representatives of these cultures will adhere to certain practices. Being aimed at the progress of the whole project, the Japanese will adhere to the integrative approach being sure that the development of the project will guarantee the increase of their incomes (Graham & Andrews, 1987). Thus, the Americans would stick to the distributive approach, preferring to increase the number of their own shares and obtain the higher level of incomes.
you can get a custom-written
according to your instructions
With this in mind, it is possible to conclude that the knowledge of the main peculiarities of some cultures could help to achieve great success and guarantee beneficial cooperation with the partners.
It is possible to say that the conflict is an integral part of any process which implies the existence of various or opposite points of view. Moreover, the conflict could also be taken one of the main points of the development as this process is impossible without the appearance of disagreements that result in the creation of the revolutionary new approach that will help to change the image of the issue a certain approach. With this in mind, it is possible to say that the statement that any conflict regardless of its nature is bad for negotiation is mistaken. Having appeared in the process of discussion, it could help to find some new approaches and make the accepted strategy more efficient (Hofstrand, 2009). There are many various examples that prove this statement.
Nevertheless, it is possible to say that the first reason that proves the necessity of conflicts is the ability to realize the new perspective of a certain issue. The fact is that very often organizations or companies do not notice some revolutionary new approaches towards the issue they are discussing. Under these conditions, while discussing the conflict connected with the difference in approaches and trying to find the needed solution, companies could create the new method that will satisfy them and result in the reconsideration of some traditional practices. Resting on some personal experience, it is possible to say that situations of this sort are not rare and very often opponents are satisfied with the negotiations because of the new ideas.
Another reason that could prove the necessity of conflicts in various relations is the experience gained while arguing with different opponents. It is obvious that if a company does not face any challenges in its functioning it will not be able to resist some opponents or protect itself. However, conflicts lead to the appearance of the experience which is needed to prove a certain point of view or suggest evidence to a certain statement.
That is why, a company that has a great experience in the given sphere, also has several strategies that might help it to make its functioning safer and protect it from rivals. It should be said that any international company like Apple or Microsoft has a great number of contacts with other corporations that might accuse it of stealing their technologies or some issues connected with the patent. Thus, the great experience gained by these companies due to the great number of such accidents. these companies could cope with them better.
Nevertheless, it is possible to suggest another evidence that could prove the great use of conflicts of various kinds. Besides, The New York times presents the article that revolves around the conflict between Apple and Samsung. The article tells readers about the patent losses of these two companies (Benner, 2015). The fact is that being great manufacturers of various digital devices, these companies use a lot of similar technologies while creating various devices. That is why, there are many trials connected with the activity of Samsung and Apple. However, all these conflicts do not lead to the collapse of any of these companies.
Moreover, having obtained a very useful experience, they now are able to protect their products with the help of various patents and legal regulations. Finally, these conflicts do not make the cooperation between these two companies impossible and there are some generic projects.
Nevertheless, conflicts that might occur in the process of negotiations could also help various companies to see the nature and character of the potential partners better. In other words, the conflict could help to discover some hidden motifs and determine the main aim of the proposed deal. The character of the dispute could show the aspects that are appreciated by the opponent and act in accordance with these new facts, suggesting new conditions which could be interesting for the partner.
With this in mind, it is possible to make a certain conclusion. It should be said that conflicts are an integral part of any negotiation process, however, they have not only the negative impact on the relations between the opponents. On the contrary, the experience obtained due to this very conflict and knowledge gained in debates might help a person or a company to continue its development and become even more powerful and beneficial. That is why, one should not be afraid of conflicts, however, there is the necessity to find the needed and efficient solution.