HUMAN RESOURCE MANAGEMENT COURSE SUMMARY 3

HUMAN RESOURCE MANAGEMENT (HRM)

DAY 3

Topic of the day

Remuneration

Amount and types of remuneration

Performance appraisal

Objectives of performance appraisal

Process of performance appraisal

Purpose of performance appraisal

Advantages of performance appraisal

Importance of performance appraisal

WHAT IS REMUNERATION

Remuneration is the payment or compensation received for service or employment. Remuneration includes base salary and any bonus or other economic benefits that an organization or executive receive during employment.

Remuneration is also any type of compensation or payment that an individual or employees receive as a payment for their services or work done for that organization or company. This includes bonuses, holiday allowances; expenses account funds, and base salary etc.

AMOUNTS AND VARIOUS TYPES OF REMUNERATION

The amount of remuneration an individual receive and what form it takes depe3nds on several factors. These are;

It is important to note that remuneration values and types will differ depending on an employee’s value to the company.

Taking into consideration things like;

The individual employment status. Whether you are a full time staff or part time staff and also the level of position will also be considered.

TYPES OF REMUNERATION

Minimum wage

Deferral compensation or retirement funds

Bonuses and incentives

MINIMUM WAGE

This is the lowest amount that can legally be offered for a specific position or to do a certain job. This is usually maintained by the federal government and it varies from state to state or region to region. However, no matter the state or region, the lowest amount offered cannot be lower than the minimum wage set by the federal government.

DEFERRAL COMPENSATION OR RETIREMENT FUNDS

This is where part of the earnings of an employee is withheld in order to receive them at a future time.

BONUSES AND INCENTIVES

Employees might be paid bonuses at various times and for various reasons. Some of these bonuses are paid based on performance related while others are given to all employees in the company or to a workgroup at the end of a big project or particularly at the end of a good year. An example of these bonuses and incentives includes holiday bonuses or vacation etc.

Incentives are motivational in a way that it is used as a reward for a job well done, that is, a thank you. It is mostly used for appreciation of the employees.

PERFORMANCE APPRAISAL

performance appraisal is a process of evaluating how well an employee is carrying out his or her job and also to understand the abilities of a person for further growth and development.

OBJECTIVES OF PERFORMANCE APPRAISAL

1. To promote the employees on the basis of performance and competence.

2. To help employees in understanding where they stand in terms of performance.

3. To take decision regarding the hike in employees pays and incentives .

4. To facilitate communication between superior and subordinate.

5. To identify the requirement for training and development of employees.

6. To provide confirmation to those employees who are hired as a probationary employees upon completion of the terms.

PROCESS OF PERFORMANCE APPRAISAL

This process first begins with determining the objectives of performance appraisal by

- establishing job expectation

- designing appraisal programs

- identify appraisal performance

- conducting performance interview

- analyzing appraisal data

- using of appraisal data for it's purposes

Note: this process is conducted periodically, usually twice a year in order to determine the performance of an employee and identify their growth and lapses.

In an organization, we have some factors affecting employee performance because as an HRM expert it is important to know why the performance of an employee is very poor. These factors include;

1. Poor cross team communication

2. No goals defined and no tracking against the goal set

3. Workload imbalance

4. Lack of transparency

5. Uninspiring leadership

6. Culture fit

7. Lack of motivation

POOR CROSS TEAM COMMUNICATION

Communication is key for everything we do in life, we have to communicate and the same goes to an organization or company.

NO GOAL DEFINED AND NO TRACKING AGAINST THE GOAL SET

Every organization must define their goals and how to achieve the set goals and this must be communicated openly to the employees so as to serve as a guide in their day to day activities in the organization.

WORKLOAD IMBALANCE

When an employee is overworked it can affect their performance drastically by the employees losing interest in the job.

LACK OF TRANSPARENCY

When the employees feels the company is not being open to them, like something they should know has not been communicated to them it can affect the performance of such employees as they feel they are being denied some benefits or opportunities.

UNINSPIRING LEADERSHIP

A good leader matters. As a leader, you must look after your followers by making them your priority and objectives.

CULTURAL FIT

Different organization have different cultures ranging from their beliefs, the way and manner that they behave , the way they approach situations, their mode of dressings etc. the moment an employee does not seem fit and comfortable with the organizations culture, it will affect the employees performance in one way or another.

LACK OF MOTIVATION

Motivation is very important. As an HRM expert, once in a while you just have to appreciate and motivate your employees to keep them working at their best performances and happy with doing their job.

PURPOSE OR GOALS OF PERFORMANCE APPRAISAL

1. Ensure employees feel valued - in order to be productive and really at the top of their performance. It is important to regularly check in with them to give feedback that both express your appreciation for their work and helps them understand the impact of their work on the business which in turn makes them more likely to stay engaged and continue performing well. While performance appraisals do give you the opportunity to offer constructive criticism and address any shortcomings it also gives you a great opportunity to recognize the hard work of the employees.

2. Resolve problems - whether an employee has a problem with their workload, teammate or a project, a formal review gives you the opportunity to work on solving these issues and retaining your team members . It also like a key opportunity to share any grievances you have with their performance or progress.

3. Maintain positive managerial relationship - the best teams are those with the best relationships with their coworkers and managers. It therefore help to maintain productivity and progress in the organization.

4. Access opportunities for promotions advancement and raises.

5. Performance appraisal system helps to evaluate how well an employee performs his or her job duties or tasks, her supervisory and leadership capabilities and other soft skills and how well she manages workplace relationships and conflict resolution.

ADVANTAGES AND IMPORTANCE OF PERFORMANCE APPRAISALS

1. Promotion - performance appraisal helps the supervisors to chalk out promotion programs for efficient employees in this regard inefficient workers can be dismissed or demoted in case.

2. Compensation - performance appraisal helps draft out compensation packages for employees, compensation packages includes bonus, high salary, extra benefits, allowance. Note this criteria should not be merit rather than seniority.

3. Communication - it helps in effective communication between employees and employers.

4. Motivation - performance appraisal serves as a motivational tools.

5. Employment development - this systematic procedure of performance appraisal helps the supervisors to frame training and polices programs. It helps to analyze the strength and weaknesses of employees so that new jobs can be designed for efficient employees.

HUMAN RESOURCE MANAGEMENT COURSE SUMMARY 2

HUMAN RESOURCE MANAGEMENT (HRM)

DAY 2

Topic of the day

Effect of a good HR policy in an organization

Expansion of organization

Keys for expansion or growth

Advantages and disadvantages of expansion or growth

Self regulatory manpower control

Ways to improve self regulation

Problem caused by expansion

EFFECTS OF A GOOD HR POLICY

As an HRM expert, employees will test limit and act creatively in workplace situations, so you need a strategy for developing, communicating and enforcing a set of policies and practices that reflects your standard of acceptable behavior which consequences will be attached when not followed.

A successful policy and practicing strategy do more in an organization as this enables you as the HRM to recognize and address people’s needs by identifying the weakness of the employees.

As an HRM, you need to implement as your duty, policies and practices that would serve as a guide for all employees for the growth of the organization.

There are 4(four) key elements that are related to the development of the policies. These are;

Roles

Rules

Consequences

Tools 

As an HRM, your employees should be able to understand their roles, as a successful team has a well defined position for each members of the organization.

As an HRM, the managers and the employees need to share what is and what is not acceptable within the company. This is what we call the rules of the organization.

As an HRM, there must be consequences if an employee violates the law or rules. This is very important as consequences for violation of behaviors must be clearly stated.

As an HRM, you can use the tools to address the question of how you support the people in the company. This enables you to identify what is not done and what needs to be done in the organization in order to help the employees become better version of them. This can be done by analyzing the capacity, strength, and weakness of the employees.

Therefore, good HR practices satisfy employees and encourage them to contribute to a company’s success. Training, knowledge, and skills can increase a business competitive advantage. Effective organizations focus on this positive effect of HR by helping employees train, learn and improve. The establishment of these policies can help an organization demonstrate both internally and externally, the basic requirements to managing conflictual issues of diversity, ethics and training as well as commitment in relation to the regulation and corporate governance of its employees. 

WHAT IS EXPANSION

Expansion or growth in the business organization simply means an increase in size and capacity. It also involves product diversification, machinery, a better package for workers, good network, waste reduction, disciplined workforce, less accident report, profit maximization, cost saving etc.

Without expansion or growth, organizations stand the risk of collapsing whenever competitions set in, the organization will be able to survive in the business.

KEYS FOR EXPANSION OR GROWTH

Good policy or decision making

Good planning

Research

Accountability

GOOD POLICY

Good policy or decision making can also help in the growth and development of an organization.

An organization with a good policy or decision making usually stands the test of time due to the type of policy or decision embark upon by its owners in the day to day running of the business. Therefore, if an organization embraces a wrong policy or decision in their business activities, it collapses the business. It is the responsibility a she HRM to establish good policies and work with the management of the organization to make right decisions for the development and growth of the organization. 

GOOD PLANNING

Good planning is also key for expansion and growth. Any organization that does not plan well must collapse. It is very important that you plan well even in our day to day lives, planning has always been a key factor. This involves actions to take, when to take the actions and strategies to adopt in order to reach the set goals and objective of the organization. An organization with a bad planning method can never grow because it lacks the technical knowledge on how to achieve the required goals.

RESEARCH

Without research, no organization will stand. Technology, new invention of things has become the order of the day, therefore you have to be exposed as an HRM expert by making broad research on order to see what the world looks like and changes that are involved both in the world of possibilities and impossibilities as this can affects organizational progress and growth.

ACCOUNTABILITY

Any organization that does not embrace proper accountability in their daily activities is ruined. As an HRM expert, you must ensure the accountability statement of the organization is intact as proper accountability reveals the financial status of the organization.

THINGS TO WATCH FOR INA BUSINESS ORGANIZATION EXPANSION OR GROWTH

Motivation – every organization must motivate their entire workforce if it plans to embark on expansion, every true expansion or growth must start from the motivation of the entire workforce as it helps in bringing the best in them and making them work more efficiently.

Annual account – this shows a company profits, losses, access etc. it helps as a yardstick to ascertain the financial strength of an organization.

Affiliation – an organization that has strong expansion program usually affiliates with another company with such a policy in order to share ideas to attain greater heights.

Networking – without networking a company expansion policy is never complete. It tells about the location, involvement and your activities to the global world.

Product diversification – an organization with lots of goods and services in high demand credited with its name is without doubt expanding, therefore, it is very important as profits will keep coming in from different areas.

SELF REGULATORY MAN POWER CONTROL

As an HRM manager or expert, you need to practice what is called self control.

Self regulation simply means control of oneself by one own self.

Self regulatory learning is the process of taking control and evaluating one’s own learning and behaviors.

As an HRM expert, your employees must always push you to the wall by doing those things that will upset you and your ability to control and manage that situation or handle it is called self regulation.

Self recitation is what will keep you from yelling at your boss when they get on your nerves, slapping s a co-worker etc.

As an HRM expert, you must be able to approach situations in a matured way.

TIPS FOR SELF REGULATORY AND EMOTIONAL MANAGEMENT

What can you do when you are faced with such situations?

Take or do a breathing exercise, for example, mindful breathing.

Eat healthily, drink lot of water and limit alcoholic consumptions

Exercise regularly – this is very important in relaxing your nerves

Sleeping for at least 7 to 8 hours in the night as lack of sleep might affect proper functionality during the day

Laugh more often. Avoid your facial look to be moody

Spend time alone. Personal time, relax etc.

Make time for fun so it would not be just work, work, and work.

Manage your work and life balance

Walk away

WAYS TO IMPROVE SELF REGULATION

What can you do to improve self regulation?

Lead and live with integrity – this can be done by being a good role model, practicing what you preach, create a trusting environment and living with your values.

Be open to change – by being able to challenge one to deal with changes in a straight forward and positive manner because change is constant.

Indentify your triggers – by cultivating a sense of awareness, this will help you to know what your strength and weaknesses are and what triggers you in your difficult state of mind.

Practice self discipline – by committing yourself into taking initiatives, staying persistent in working towards goals and objectives even when they feel like the last thing to be done.

Keeping calm under pressure – this is very important mentally and physically.

Reframing negative thoughts – when you are able to take a step back from your own thoughts, and reframe all negative thoughts to positive thoughts and feelings in order to come out with something beneficial to you and the organization rather than staying negative all the time.

Believe in yourself – this will help boost self confidence and it helps disregards all negative thoughts or comments. 

Consider consequences – always think ahead that what will happen when you shout at your boss or slap an employee because you will only be lucky not to lose your job.

PROBLEMS CAUSED BY EXPANSION IN BUSINESS

Lack of cash

Poor feedback from customers

Employee been overworked

Pressure from increased demand

Outgrow of office space

HUMAN RESOURCE MANAGEMENT COURSE SUMMARY 1

HUMAN RESOURCE MANAGEMENT (HRM)

DAY 1

Topic of the day

Various definitions of HRM

What is the main aim of HRM

Objectives of HRM

5Ps HRM model and its purpose

Human resource function 

Definition of managerial and operational function

Human resource activities

Human resource specialists and its duties

DEFINITION OF HRM

Human resource management is the strategy and coherent approach to the efficiency and efficient management of people in a company or organization such that they help the business gain a competitive advantage.

AIM OF HRM

To work with the employees and management in order to ensure that the organization is established , the organization are doing the right thing, the organization are making profits.

Human resource management is the practice of recruiting, hiring, deploying, and managing an organization and is employees.

The ability to recruit, to hire, to get the right candidate suitable for the job vacancy or that job position is what is referred to as human resource management.

Human resource management in also the process of employing people, training them, compensating them, developing policies related to them and developing strategies to retain them.

In an organization, when someone is employed , these new employee need to undergo what we call training which would make the employee know what to do and what not to do, the steps expected of them to develop and meet up with the goal of the organization.

Human resource management is also a contemporary umbrella used to describe the management and development of an employee in an organization. It is also called personal or talent management.

A human resource manager must know how to manage employees of different kinds, ranging from the difficult ones to the easy ones.

The main aim or major purpose of HRM is to ensure that the right people with the right skills for the right job position in the organization are employed. The moment the wrong people with the wrong skills are employed, the very moment the position becomes vacant.

An HRM does not employ base on relations, that is, family and friends.

Note that an HRM who does not do his or her job well will put the organization in disorder.

OBJECTIVES OF HRM

Organization mission – contributing to the overall strategic goals and value of the company.

Personal adversement – to be able to help every employee progress and remain successful in their career. Be their mentor and guide as the employees tend to look up to you.

Organization support – to be able to ensure the efficiency in employee’s recruitment, management and retention.

Procedure administration – an HRM must be able to authorize the best practices and official policies which include a benefit structure. To be able to build up benefit structure, placing values on the right things to be done so the employees can see them and whoever does the right thing will get rewarded accordingly.

Cultural growth – This mean putting policies in place that makes employees feel valued, motivated and engaged. As an HRM expert, it is not advisable to disregard employees of any kind and in any way. When employees are valued, motivated and engaged, they feel they can always do better at what they do.

5PS HRM MODEL AND ITS PURPOSES

The 5P HRM model is a comprehensive for m of strategic human resource management developed in 1992 by Randall S. Schuler, a world renowned scholar specializing in global human resource management, strategic human resource management, the role of human resources in organizations and the relationships between corporate strategy and human resource management.

PURPOSE OF 5P HR MODEL

The purpose of the model is to ensure that all aspects of the organization are working towards the same goals. This is done by defining and communicating the company values, vision and mission. The principles of the model are to ensure that all employees have equal access to resources, communication channels and opportunities.

THE 5P OF HR MODEL includes;

Purpose – the organization visions, mission and primary goals should aim to provide the overall purpose and direction the organization is pursuing, as well as to guide and influence decisions affecting the organizations and their stakeholders.

Principles – these are defined as operational protocols or guidelines that serve as a basis for achieving a desired outcome or income. They are generally established to prove guidance, set standard and d promote consistency within an organization by providing a set of rules and expectations, rules help ensure that decisions are made in a consistent, informed and meaningful manner.

Process – it basically includes architecture, policies and regulations, systems and process, therefore the ways of working are always connected to the purposes and principles set out in the 5P human resource management model.

People – these are the most important asset of any organization and their skills, knowledge and hard work play a key role in achieving the organization goals.

Performance – ultimately, performance is an outcome that can be tracked and monitored with appropriate standards. It is the culmination of hard work, dedication and the right strategic; performance is the key to success in any business and must be closely monitored to ensure the success.

HUMAN RESOURCE FUNCTIONS

Generally, HRM is concerned with hiring, motivating and maintaining workforce within the organization or businesses. It is the duty and the responsibility of the HRM expert to ensure that the right candidate is employed for a job position so that the organization can function properly.

The function of HRM includes;

Managerial functions

Operative functions

MANAGERIAL FUNCTIONS

This deals with the management of the organization. It can be classified into 4 (four) groups.

Planning

Organizing

Directing

Controlling

PLANNING

This means the management process concerned with defining goals for a future direction and determining on the mission and resources to achieve those goals. This includes business plan or marketing plans.

ORGANIZING

This means the process of identifying and grouping the work to be performed, designing and delegating responsibilities and authorities, and establishing relationship for the purpose of enabling people to work most efficiently together in accomplishing these objectives and goals.

DIRECTING

This includes activating employees at different levels and making them contribute maximum towards the organizational goals. To do this consistently, an HRM experts needs to keep the employees motivated.

CONTROLLING

Post planning, organizing and directing ensures that the performance of an employee is checked. As an HRM expert, always check and verify and compare with the goals of the organization.

OPERATIVE FUNCTIONS

This deals with the tasks or duties of the organization.

Recruiting or hiring is a process which rings a pool of prospective candidate who can help the organization achieve their goals and allow management to select the right candidate from the given pool.

Performance appraisal – a HRM must check and analyze employee performance.

Employee welfare – the HRM should take care of numerous service benefits and facilities provided to the employees for their well being.

Personal records – this function involves recording, maintaining and retrieving employee related information including employment history, work hours and earning history.

Salary administration – the HRM departments also determines the pays for different types of jobs and includes compensation, bonuses, and incentives to the employees.

Training and development – all employees must acquire new skills and knowledge to perform their work effectively.

Job analysis and job design – job analysis is the act of describing the nature of job like qualifications, skills and work experience required for the specific job position while job design includes outlining tasks, duties and responsibilities into a single work unit to achieve a certain goal.

HUMAN RESOURCE ACTIVITIES

These includes recruitments, training and developments, payroll, employees and labor management relation, human resource planning, wages and salary administration, performance appraisal, job analysis , compensation, motivation, industrial relation and health, safety and security.

Recruitments – this is one of the major functions of HRM to attract and maintain skilled, experienced, dedicated and well motivated employees. A high level of resources and commitment is essential when recruiting candidates. An HRM should make sure that the candidate is committed, has high level of resources and can add values to the job. However, this involves various tasks and this includes;

Developing job specifications

Advertising

Sorting applications

Job interviews

Posting 

Training and development – these can be on the job and refresher trainings for new and existing employees. These can also be classified into two types which includes; (i) on the job – mostly for existing employees (ii) off the job – mostly for new employees

Payroll – keeping accurate and on time payroll compensation to everyone e at the organization is one the chief duties of the HRM. The HRM experts must pay off their employees on time as delaying can have various negative effects on employees.

Employees and Labor management relationship – managing a good relationship between the employees and the management is another key role of the HRM. An HRM expert must protect the rights of the employees at all times whether it is being represented or not. An HRM must also be able to establish a bond with the staffs of the organization.

Human resource planning – this deals with anticipating futures and avoiding predicted problems. As an HRM expert, you must be able to plan ahead of time and also prepare for damages to be covered.

Job analysis – this provides knowledge of man power planning.

Wages and salary administration – a better range and salary system in an organization enables and attract and also keeps employees for a long time which also motivate them to perform at their best.

Compensation – this is also very important for the HRM department to attract, motivate and retain employees.

Motivation – intellectual, biological, emotional and social aspects determines the motivation among individuals. An HRM should be able to motivate all the staffs as lack of motivation often leads to performance defects in an organization and decreases productivity.

Health, safety and security – this is a very important aspect as long as an organization is concerned. An HRM must ensure that the well being of the staffs are protected and not feel their lives are in danger or their health is in jeopardy if they continue working in the organization. An example is the NHI A services etc.

HUMAN RESOURCE SPECIALIST

Human resource specialists are trained in all aspects of human resources, so they are equipped with the knowledge and skills to handle personal issues within an organization, recruit and hire new talent, and facilitate training and on –boarding into the company. A human resources specialist therefore recruit, screen, interview and place workers, they often handle tasks related to employees retentions, compensations, benefits and training.

DUTIES OF HUMAN RESOURCE SPECIALISTS

Keep employees record and process paper work.

Consult with employers to identify employment need.

Inform applicant about job details such as duties, benefits, and working conditions.

Hire or refer qualified candidates for employees.

Interviews applicant about their experience, education and skills.

Contact references and perform background checks on job applicants

BUSINESS AND COMMERCIAL LAW

Business law is the type of law that establish the rules that all businesses sould follow by dictating how to form and run a business such as buying ,managing , closing, selling and when to seek the advice of a licensed attorney.

Business law includes states laws, federal laws and also administrative regulations.

Commercial law focuses on the sale and distribution of goods.

Business law focuses on the aspect of business which includes forming a company, mergers and acquisitions, shareholders rights and property issues.

LAW OF CONTRACT AND COMMERCIAL LAW

Definition Of Law Of Contract

We can say the law of contract is an agreement between two or more people or entities like companies, corporations, and organizations that creates legal duty or responsibility and must be enforceable in a court of law.

The formation of contract requires the following;

a. Offer

b. Acceptance 

c. Consideration

d. Mutual intention to be bound

The parties to a contract must not be:

a. Minors

b. Intoxicated person's

c. Those under mental afflictions

Characteristics of a valid contract includes the following;

a. Competency - parties to a contract must be competent , that is, have the capacity to enter into a valid contract. In the case of a minor, the contract will only be enforceable when they reach the age of majority in their particular state.

b. Offer and acceptance - an offer will be valid where party X makes an offer to Y and explain all the essential terms of such offer and must be understood by Y, then an acceptance will be valid when Y in return after understanding these terms agrees to the offer of X. However, an offer can be made to a person, class of people or to the whole world.

c. Intention to create legal relations - when we talk about creating legal relations, it does not exist because there is an agreement between A and B, for example, when A offers to give B a ride to work in his car, this does not create any legal relation. What creates legal relation is where A agrees to give B a ride on the terms that B will pay $20 for fuel each Friday. This is a legal contract.

d. Consideration - This is a price paid by A for the promise made to him by B. Consideration need not be money. It can be a right, benefits, or interest to one party or some forebearance, detriment, loss, or responsibility suffered by another party. Consideration must not be illegal and impossible to perform.

The exception to consideration is document under seal (deeds) because it does not require consideration to create a legally binding contracts.

Other characteristics of a valid contracts include;

i. Legal capacity

ii. Parties must be sane

iii. Consent of the parties

Mistakes that vitiates a contract

Only mistakes that goes to the root of an agreement can vitiate it. These includes;

a. Where A and B agrees on a car sale and in reality the car has been damaged by fire, there would be no valid contract. But if it is that the car was yellow and they thought it was green, the contract will still be valid.

b. Where A signs a document mistakenly believing that it is for the sale of a car, but the document in reality is for the sale of a house. A will not be bound by it 

c. Where A cannot read, and B tells A what is in the document and A signs. A will not be bound by the document if what B tells A is not what is in the document.

Note - if A signs a document and A believes it is a contract and does not read the terms and conditions of the contract , A will be bound by such contract and cannot plead mistake.

Types of Mistake in contract

a. Common mistake - this is where A and B, who are parties to a contract, are both mistaken on the fact of the contract and therefore renders the contract void and can not be performed. See Bell v Lever Brothers Ltd, Svanosi v McNamara.

b. Mutual mistake - this is where A and B, who are parties to a contract, are both mistaken on the terms of the contract, that is, A believes the contract for lease is for 3 years, while B believes the same contract for lease is for 4 years, see Raffles v Wichelhaus.

c. Unilateral Mistake: this is where A and B, who are parties to a contract, A is the only party who is mistaken as to the terms or subject matter of the contract. The contract will become voidable unless B, the other party knows that A has mistaken on the terms and subject matter and still want to take advantage of A, the contract will become void. Se Lewis v Avery

Illegal and void contracts

Where a contract is illegal , it will affect its enforceability. 

If the contract is illegal by statutes then it will be regulated by such statute and the one prohibited by statute will be void even when the parties are aware of the illegality or not.

However, if A and B enters into a contract and A performs his duty in an illegal way, voiding the contract , or leaving it to be regulated by statute , B, that has no knowledge of the act by A, can still enforce the contract or recover damages for the breach of such contract and this includes money or other property transferred under the contract.

Contract that are illegal at common law includes;

a. Contracts to commit a crime , tort or fraud

b. Contracts that are sexually immoral

c. Contracts that prejudice public safety

d. Contracts that promotes corruption

e. Contracts to defraud the revenue

Note that these illegal contracts are not going to be void in it's entirety, that is, if the offending part of it can be removed , the rest of the contract continues to make sense. But contracts that is illegal at common law cannot be severed , that is , the illegal parts cannot be separated and it will become void. Any money paid or transferred under this void contract will be recoverable because a void contract means that there is no contract.

Termination of contract

Only parties to a contract can terminate the contract or agreement due to the following;

a. Impossibility of performance - where a party to a contract cannot perform his duties in a contract, the other party has the right to terminate the contract .

b. Breach of contract - this is where a party did not perform his duties or performed it in half intentionally then the other party can terminate the contract because of the breach .

However, we have two types of breach

i. Material breach - this is where the other party is allowed to seek monetary damages from the party that breached. An example is where A agrees to supply B some materials to be sold for Bs customers on Friday and A did not supply the materials until after a month causing B to lose the customers.

ii. Immaterial breach - this is where the other party is not allowed to seek monetary damages from the party that breached. An example is where A agreed to supply B some materials to be sold for Bs customers on Friday and A supplied the said materials to B on Saturday.

c. Prior agreement - this is where the parties to the contract already agreed that at the occurrence of a particular event , the contract will be terminated.

d. Recision - this is where there is misrepresentation, illegality, mistake, or lack of capacity from a party to the contract.

e. Completion - this is where the obliagtions or duties of the parties to the contract have been performed completely.

f. Frustration - this is where one party to the contract is unable to perform his obligations or duties due to an unforseen circumstances . It is difficult to prove but when proved, it discharges the parties to the contract of their contractual obligations.

Payment of damages for breach of contract

a. Compensatory damages

b. Liquidated damages

c. Nominal damages

d. Punitive or exemplary damages

CRIMINAL LAW AND PROCEDURE

Watch from AgbonsLegal YouTube channel

https://youtu.be/sSGpF4w49vg (watch the video)

CRIMINAL LAW AND PROCEDURE

Criminal law as we all know is the part or body of law that relates to crime and mostly established by statute and also includes punishment for people who violates these laws. Therefore any conduct seen as threatening, harmful, endangering property, health, safety and moral welfare of people, can be called an act of crime.

Criminal law varies according to jurisdictions and it has a penalty that involves the forfeiture of ones rights and imprisonment.

The main theories for criminal law includes the following;

1. To deter crime

2. To reform the perpetrator

3. To provide retribution for the act

4. To prevent further crimes

However, there are only five man theories that have been widely accepted for the enforcement of criminal law by punishments. These are;

1. Retribution: done in a way of punishment 

2. Deterrence: done in a way of discouraging the offender from criminal behaviors

3. Incapacitation: done in a way of keeping the criminals away from the society through prison sentences

4. Rehabilitation: done in a way of transforming the offender into a valuable member of the society

5. Restoration: done in a way of repairing an harm done to the victim through state authority

There are two types of criminal laws. These are;

1. Misdemeanor: this is an offense considered as a lower offense. For example, minor assaults, traffic offences or petty thefts and the penalty is mostly one year or less.

2. Felony: this is an offense considered as a more serious offense. For example, murder, manslaughter, dealing drugs, rape, robbery and arson and the penalty is mostly one year or more.

Elements of Criminal Law

What comes to mind here are;

1. The Actus reus or guilty act

2. The Mens rea or guilty mind

However, judges have concluded that in crimes where both elements are required, then they both must be present at the same moment because it is not enough that they occured sequentially at different times.

Actus Reus

Actus Reus is the latin word for guilty act and it is the physical element of commiting a crime.

Actus Reus can be accomplished by the following;

1. An action

2. Threat of action

3. An omission to act

However, a failure to act can also be an Actus Reus but in this case, there must be a duty of care. This duty of care can arise through the following;

1. Contract

2. Voluntary undertaking

3. Blood relation

4. Official position

An Actus Reus can be nullified by an absence of causation, that is, it is said that a crime involves when an harm has been done to a person, and the harm must have been caused by another person's action. So if the harm was not caused by anyone, there maybe no crime, because there is an absence of causation.

Mens Rea

Mens Rea is also a latin phrase that means guilty mind and it is the mental element of crime.

Mens Rea is defined as the intention to do a wrongful act it is satisfied to have been completed when a person recognized that what he or she wants to do is dangerous and still decides to do it.

When the intent is wrong, it may vary how serious the offense is and can reduce the punishment. An example is where a person kills or knows that death or serious body harm would be the result could be seen as murder while killing that happened under recklessness and not knowing that death or serious body harm would be the result could be called manslaughter.

Strict Liability

Strict liability is described as a criminal or civil liability that lacks mens Rea or intent by the defendant but deals with negligent acts by the defendant.

In strict liability, it is not necessarily needed to show that the act was intentional because most of it are not truly crimes at all but administrative regulations and civil penalties that were created by statute. An example of strict liability crime is the crime against the traffic or highway code.

Fatal Offenses

The following are seen or regarded as fatal Offenses;

1. Murder: this is an unlawful killing and it is divided into various gradiations of severity below;

a. Murder in the first degree: this is based on intent and it requires malice as an element 

b. Manslaughter culpable homicide is seen as lesser variety of killing done in the absence of malice and can be caused by reasonable provocation or diminished capacity.

c. Involuntary manslaughter when recognized is also a type of killing that lacks all but guilty intent or recklessness.

Personal Offenses

Talking about personal offenses, we would be seeing battery which is traditionally seen as unlawful touching. When a person is scared of an imminent battery to be committed upon him, this is an assault and can give rise to criminal liability. Another example is non-consensual intercourse or rape.

Property Offenses

Under the property Offenses are the following;

1. Trespass: which is an unlawful entry onto the real property of another

2. Conversion

3. Embezzlement

4. Theft 

5. Robbery: which is a theft by force

6. Fraud

Participatory Offenses

Participatory Offenses talks about getting associated with crims in one way or the other even if the crime does not actually come to fruition.

The following are examples of participatory Offenses;

1. Aiding

2. Abetting

3. Conspiracy

4. Attempt

Mala Inse v. Mala Prohibita

All kind of offenses are divided into the latin legal terms Mala Inse and Mala Prohibita.

Mala Inse are crimes that are evil or morally wrong and are widely called regardless of jurisdiction.

Examples of Mala Inse offenses are;

1. Felonies

2. Property crimes

3. Immoral and corrupt acts by public officials

Mala Prohibita are offenses that does not associate with wrongfulness.

Examples of Mala Prohibita offenses are;

1. Parking in a restricted area

2. Driving the wrong way down a one-way street

3. Jay walking or unlicensed fishing

Mala Prohibita are acts prohibited by statutes but not considered wrong because they are imposed strictly and there would be no need for mens Rea but the act itself to have been done.

General defences to criminal liability

The defences of criminal liability includes the following;

1. The defence of De Mininis Non Curat Lex: the maxim “De Mininis Non Curat Lex” means the law does not concern itself with trifles. This defence is used where the injury is so slight that no person of ordinary sense and temper would complain of the injury.

2.The defence of accident: this is provided for under section 24 of the criminal code. This defence makes someone not liable when the injury occurs independently of their will or by accident. See the case of Iromantu v. State

However, if the injury is reasonably foreseeable to occur then the defence of accident would not work. See the case State v. Appiah and Uket v. State

3. The defence of mistake: this defence can only be used when it is of fact only as provided for under section 25 of the criminal code.

However, the following must be fulfilled before the defence of mistake could be successful;

a. It must be mistake of fact and not law

b. The mistake must be honest and reasonable 

c. There would be no greater liability of the mistaken facts were found to be true

4. Mistake of Fact and not of Law: according to section 22 of the criminal code, ignorance of the law is not an excuse (ignorantia juris non excusat) unless where the law that creates the offense states clearly that there has to be knowledge of the law as an element of the offense. See the case of Sherras v. De. Rutzen

Where the defence of mistake wild apply then the mistake must be one that is honest and reasonable. See the case of R v. Gaddam

5. The defence of bonafide claim of right: this defence is provided for under section 23 of the criminal code. This defence can be applied successfully where the act or omission done in relation to property happened with an honest claim of right and without intention to defraud.

Property in this context is defined under section 1 of the criminal code to cover all kind of property, including land. See the case of R v. Vega

6. The defence of necessity and extraordinary emergency: this defence is provided for under section 26 of the criminal code. This defence is only valid where the act or omission were done in sudden circumstances or extraordinary emergency that a normal person would not have acted otherwise.

The exceptions to these defences includes;

a. Compulsion

b. Provocation

c. Self defence

See the cases of R v. Dudley and Buckcoke v. Greater London council

Judicial Officers and the Execution of the Law

Section 1 of the criminal code includes the Justices of the Supreme court, court of appeal, federal high court, state high court and any administrative officer that engages in judicial acts, proceedings or inquiry as Judicial officers.

Section 31 of the criminal code makes no judicial officer criminally responsible for act done or omitted to be done when he or she exercises the said functions. See the case of Anderson v Gorrie (1894)

Section 32(1) of the criminal code does not make someone liable in the performance of the provisions of the law.

Section 32(4) of the criminal code will make the person laible if the acts or omissions results in death or grievous bodily harm.

Criminal law starts with a procedure which begins with the criminal charge and then conviction or acquittal of the defendant.

Criminal procedure can be in two forms;

a. Inquisitorial criminal procedure

b. Adversarial criminal procedure

Basic Rights

It is the duty of the prosecutor to prove that the defendant is guilty beyond reasonable doubt as oppose the defendant having to prove innocence. If there is any doubt the case would be resolved in favor of the defendant.

The defendant has a right to a legal counsel and any defendant who can not afford one will be provided with one by the courts, this is called court - appointed lawyer.

The fundamental or basic Rights of the defendant are as follows;

a. Right to be informed about the crime arrested for

b. Right to be presented before a Judicial officer within three days of custody

c. In Zimbabwe, right to be granted bail upon application.

Difference in criminal and civil procedures

Criminal Procedures

- higher standard of proof

- prove beyond reasonable doubt (Plomp v R)

- started by the federal or state government

- criminal action is brought by the prosecution

Civil Procedures

- lower standard of proof

- prove on the balance of probabilities

- started by individuals

- civil action is brought by the plaintiff

Constitutional Law

The term constitution comes from a latin word 'constitutio' and it is defined as the set of rules and principles that define the nature and extent of government.

The constitution is the most basic law of a territory from which all the other laws and rules are hierarchically derived.

The constitution can be codified, that is, written down to make a single document whole some are not codified. An example is the constitution of the United Kingdom as they are written in numerous basic acts of legislature , court cases or treaties.

The constitution can be of different modes;

a. Constitution for sovereign states

b. Constitution for companies

c. Constitution for unincorporated associations

A codified constitution can serve as a limiter for state power by drawing lines for rules with the help of fundamental rights.

The longest constitution is of India - 444 articles, 22 parts  12 schedules, 18 amendments and 146, 385 words in English language. While the shortest constitution is of Monaco - 10 chapters, 97 articles and 3, 814 words.

General Features

Activities done within the power of the constitution is called in Latin Intra Views and beyond the power of the constitution is called in Latin Ultra Vires

The constitution has power of supremacy over ordinary statutory law and if such statutory law does not follow the provisions of the constitution, it will be  regarded as null and void ab initio.

Types of constitution

Written Constitution - this constitution is written in form of a book or series of documents combined in the form of a book. It is always duly passed and enacted. Examples are the constitution of India, USA, Germany, Japan, Canada, France, Switzerland etc.

Unwritten Constitution - this constitution is neither drafted, enacted nor written in the form of a book. It can only be found in charters and laws and conventions as a product of slow and gradual evolution of the people. An example is the constitution of the United Kingdom.

Differences between written and unwritten Constitution

Written Constitution

- form of a book

- made and enacted by the people

- less flexible

- it is definite

Unwritten Constitution

- not in form of a book

- result of gradual evolution of the people 

- depends on unwritten rules 

- need to be proved by quoting sources and practices

Flexible constitution

Flexible constitution is the one which can be easily amended. An example is the British constitution.

Merits of a flexible constitution 

a. It changes easily according to the environment 

b. Can meet emergencies with the ability to be amended easily

c. The people do not feel the need for revolutionary changes as it changes alongside the peoples way of life

d. It is always up to date 

Demerits of a flexible constitution

a. It lacks stability as it can be changed easily

b. It is not suitable for a federation as it can lead to undesired changes by the federal government.

Rigid Constitution

Rigid constitution is the one which can not be easily amended and can only be amended by the legislature having to pass a bill of amendment and supported by a big majority of its members. An example is the constitution of the United States of America.

Merits of Rigid Constitution

a. It has stability

b. It ensures administration continuity

c. It prevents autocratic exercise of government power

d. It is ideal for a federation

e. It is the basic will of the sovereign people

Demerits of Rigid Constitution

a. It does not change easily with the pace of the environment

b. It slows down social development 

c. It is not suitable for emergencies

d. The people might need a revolution for a change

e. It becomes conservative and gets old

Enacted Constitution

Enacted Constitution is the one which is man made.

It is passed after there is a thorough discussion over it's objectives, principles and provisions.

Qualities of a Good Constitution

a. It must be systematically written

b. It must contain the states law in order to be supreme

c. It must have the ability to change flexibly or rigidly

d. It must not be too rigid or too flexible

e. It must ensure fundamental rights of the people 

f. It must define the powers of the government and it's organs 

g. It must provide a representable , responsible , limited and accountable government 

h. It must provide support for free and fair elections

i. It must show that the people are sovereign

j. It must not be ambiguous in it's language

Importance of Constitution

a. It shows the people are sovereign 

b. It shows the goals and objectives of the people 

c. It shows the guarantee of fundamental rights of the people 

d. It shows the account of government powers and functions of its organs

e. It shows the separation of powers between the federal and state government 

f. It shows how the constitution should be amended

g. It shows election system and people's right in election

h. It shows the independence of the judiciary

i. It governs all and it's rules can not be violated.

COMPLETE SAMPLE ON SIWES REPORT

REPORT ON STUDENT INDUSTRIAL WORK EXPERIENCE SCHEME (SIWES) TRAINING PROGRAMME

AT

FOTECH COMPUTERS

BY

NAME:

MATRIC NO:

FROM:

SEPTEMBER – DECEMBER 2019

SCHOOL:

FEDERAL COLLEGE OF EDUCATION, AKOKA

SUPERVISOR:

DEDICATION

I dedicate this report first and foremost to Almighty God who has been there right from the beginning to this very point. Special dedication also to my uncle for his relentless support and compassion toward me during my SIWES training.

To God is the glory.

ACKNOWLEDGEMENT

My appreciation goes to the industrial training fund for these opportunity given to me.

I am grateful to Fotech computers for providing me wiyh the necessary skills to be exposed in my field.

I also want to say a big thank you to my industry based supervisor Mr Somala Olajide and my colleague for making my stay at fotech computers an existing and blissful one.

To my uncle and friends thank you all for your moral and financial support.

I am deeply grateful to God almighty, the giver of all wisdom, knowledge and understanding without whom I would have achieved nothing at all.

Finally, to my institution based supervisor Mr Akinpelu S.O for his support.

My sincere appreciation also goes to everyone that has been by me all this while.  

A big thanks!!!

ABSTRACT

This industrial report provides the experience gained during my fourth(4) months of training at Fotech computers.

My training was on deskstop-publishing and web design.

This report discusses the technical skills gained during the training period.

TABLE OF CONTENTS

Title                                                                                                     Page

Cover page                                                                                               

Dedication                                                                                                i

Acknowledgement                                                                                    ii

Abstract                                                                                                    iii

Table of Contents                                                                                     iv

CHAPTER ONE

Introduction

The aims and objectives of SIWES

When SIWES was established

Success recorded by the scheme

CHAPTER TWO

Brief historical background of organization

The organization profile

The organization chart

CHAPTER THREE

Activities

Problems/ challenges

Prospect

CHAPTER FOUR

Conclusion

Recommendation

Reference

CHAPTER ONE

INTRODUCTION

The student industrial work experience scheme (SIWES) popularly called industrial training (IT) by Nigerian students is a yearly program design by the institution in collaboration with the industries to give students the opportunity to gain practical working experience in their various field of study or area of specialization. It is an effort to bridge the existing gap between classroom theories and practical’s in engineering, management and other professional program in the Nigerian tertiary institutions.

Training is a key factor in changing experience of a workforce. The world is passing through one of the worst economic crisis in recent time. Both the development and the developing economics are experiencing serious economic downturn.

Globalization has turned the world into one big village and whatever happens in one economy will have effects in other economics, and the growing concern among our industrial is that graduate of our institution of higher learning lack adequate practical background studies. So as to help in the industries led to the fixation of student industrial work experience scheme (SIWES) by ITF 1993/1994.

It is through the industrial training that the educational systems aims at helping students acquire appropriate skills.

AIMS AND OBJECTIVES OF SIWES

o   To provide an opportunity for student in Nigerian institutions to acquire industrial skills and experience in their respective fields.

o   It strengthens employer involvement in the entire educational process of preparing institution graduates for employment in the industry.

o   To make students understand the technical implication of their profession.

o   To expose students to method and techniques of handling equipments and machines.

o   To provide adequate practical skills to student.

o   To ensure the transition from school to world of work and enables students contacts for job placement

WHEN WAS SIWES ESTABLISHED

The student industrial work scheme (SIWES) was established in 1973 under the leadership of the head of state Yakubu Gowon, retired after the establishment of industrial training fund (ITF) by degree number, 97 on the 8^th October 1970 when industrial and commercial activities work in existing due to the gap between the real and educational sector.

SIWES was essentially established in 1973 to solve the problem of lack of adequate practical skill preparation for employment in industries by Nigerian graduates of tertiary institution.

WHY SIWES WAS ESTABLISHED

The scheme was established in order to:

·         Promote and encourage the acquisition of skills in handling machine.

·         Help students to be self-reliance after graduation from school

·         Focus on the central goal of developing human potential in every aspect

·         Generate a proof of indigenous trained personal difficulty to meet the need of the economy.

SUCCESS RECORDED BY THE SCHEME

The scheme has recorded tremendous achievement since its creation among which are:

v  It has helped students by exposing them to practical knowledge of things they were taught in the class.

v  It has been able to restore students making them assumed of their competence.

v  It has also help student get acquitted to the method of their various career.

CHAPTER TWO

BRIEF HISTORICAL BACKGROUND OF ORGANIZATION

The establishment is called Fotech

computers which is located at no 4, Paul odulaja street, ifako-gbagada

It was created on the 22^nd of September 2010 and was headed by mr somala olajide.

THE ORGANIZATION PROFILE

Fotech computers has at present a staff of strength of fifteen (15) and have in its structure four (4) department.

1.      Desktop publishing

2.      Web designing

3.      Computer training

4.      Cyber cafe’. 

CHAPTER THREE

ACTIVITIES CARRIED OUT

I started my SIWES with Fotech computers in September 2019 to December 2019. The period of four months of my SIWES experience in the aspect of practical and knowledge gained. in the period of my industrial attachment I was made to understand how to use some icon and tools in Microsoft-word, Microsoft-excel, power point and corel-draw.

I was taught how to work on some machines like the photocopier, laminating machine, printer, scanner and camera.

I was also taught how to send document from one mail to another and also from flash drive and how to print out document in black&white and colored printing on A4 paper.

I was also taught how to snap, print and cut passport using camon camera.

PROBLEMS AND CHALLENGES

At the workshop, the major problems were due to the fact that the software we use was outdated and there was a problem getting genuine software and applications for users. As such we resulted in purchasing substandard software or downloading them from the internet which takes a lot of time.

There was also a time when the number of IT students at the work shop was small and this resulted to some students being overworked.

CHALLENGES

During the course of my industrial attachment, I encountered some challenges which slow down my learning process such as shortage in transport fee, slow in typing.

PROSPECT

The SIWES training exercise is indeed a bridge of gap in the process of building sound reliable human resources:

Ø  It brings efficiency in labor as graduate come to market with industrial understanding.

Ø  It fosters a good relationship between academicians and the labor market.

Ø  SIWES is going to be a way of creating job opportunities to many students who performed this training very well like me in particular                                                                                      

CHAPTER FOUR

SUMMARY

In the summary of chapter one of this report is the introduction of the scheme, it let us to understand why and when SIWES was established and success recorded by the scheme and achievements.

Chapter two is about the history of the organization.

Chapter three relates to the experience gained and knowledge acquired during the training exercise, activities carried out, challenges and problems encountered during the industrial attachment.

Chapter four is the last chapter of the report, it includes the summary, conclusion and recommendation so as to provide solution to the problems encountered and avoid future occurrence.

CONCLUSION

The industrial work experience scheme which involved my attachment in planning has been immensely successful and beneficial as I had gained experience in both studio and planning field thereby given me the opportunity to understand what is involved to be a professional planner. The SIWES program in all sincerity achieves a lot in assisting the student to understand and know more about his/her profession.

I want to appreciate the effort of my school authority federal college of education akoka, Lagos for making SIWES compulsory for their NCEII students to acquire relevant experience in their field of studies practically.

RECOMMENDATIONS

Based on my experience, I recommend that the department of desktop publishing should emphasize more on Microsoft packages such as Microsoft word, Microsoft excel and power point by incorporating them into the school curriculum.

Student should ensure that proper attention is paid to technical relevance of the scheme rather than the financial motive in terms of securing placement.

REFERENCE

www.carniri.com/ITFning/SIWES.php

www.feda.gov.ng