Social Engineering Is A Powerful Tool Used By Cyber Criminals

Social Engineering It is the manipulation of people through deception, lies, fabricated story and tricks. They influence and persuade people to obtain information with or without the use of technology. Social engineering is a powerful tool used by cyber criminals’ especially on seniors because of their level of trust. They aim at collecting your confidential information and later use it against you. Password, Account number – credit card, debit cards, employee ID, and full name, date of birth, email address, social insurance number, driver license number and telephone numbers are normally collected Knowing the person you are dealing with, and the tactics they use is important to overcome them, that is why user awareness and education is†¦show more content†¦Protection against Social Engineering †¢ Never give confidential information through emails, phones or to unknown person †¢ Don’t click on a website unknown to you or download or open email attachment from unknown senders. †¢ Before clicking on links in emails and on websites watch for misspellings, @ signs and suspicious domain names. †¢ Make it a habit to periodically check your bank statement to see if they are anomalies or fraudulent transactions. †¢ Use a strong password and personal verification questions. †¢ Reject requests for online tech support from strangers no matter how legitimate they may appear †¢ Avoid being greedy on the web for offers you have not made or responding to any offers made over the phone or via text messages. †¢ Pay attention to website URL. Sometimes online fraudsters make slight changes to URLs in order to direct messages to their own spoofed sites †¢ Secure your computer with anti-virus software and regularly update software and operating systems †¢ Verify that a lock icon is on your browser address bar when submitting payment or confidential information. †¢ Always shred and/or destroy prior to disposal sensitive and confidential information you do not need. †¢ Be suspicious of unsolicited emails †¢ Be cautious in situations where a party refuses to provide basic contact information †¢ Verify incoming checks and ensure clearance prior to transferring any money by wire †¢ Establish call-back procedures to clients and vendorsShow MoreRelatedSocial Engineering Is A Powerful Tool Used By Cyber Criminals1767 Words   |  8 Pagesinfluence and persuade people to obtain information with or without the use of technology. Social engineering is a powerful tool used by cyber criminals’ especially on seniors because of their level of trust. They aim at collecting your confidential information and later use it against you. Password, Account number – credit card, debit cards, employee ID, and full name, date of birth, email address, social insurance number, driver license number and telephone numbers are normally collected KnowingRead MoreComputer Security And Social Engineering3915 Words   |  16 PagesComputer Security and Social Engineering In terms of computer security, Social Engineering refers to the psychological manipulation of people in order to access confidential information. It is believed that it can be easier to trick people than to hack into their computing system by force. Social engineers gather personal information or gain access to computers by exploiting people’s natural tendency to want to trust others and be helpful. Some methods that are used by social engineers to gain informationRead MoreA Thesis On Computer Science Engineering9162 Words   |  37 PagesBOTNET FRAMEWORK A Thesis Submitted In Partial Fulfillment of the Requirements For the Degree Of MASTER OF TECHNOLOGY In Computer Science Engineering By CHANCHAL AHLAWAT (Enrollment no: 21341314013) Under the Supervision of Mr. ANCHIT BIJALWAN Uttaranchal University, Dehradun, Uttarakhand) To the Faculty of Computer Science Engineering UTTARANCHAL UNIVERSITY DEHRADUN May, 2015 CERTIFICATE Certified that Chanachal Ahlawat (21341314001), has carried out the research work presentedRead MoreThe Growing Problem of White Collar Crimes in India19963 Words   |  80 Pages people will lose faith in us†- Dr Radhakrishnan Methodology The research methodology used for the present research article is traditional Doctrinal research method. As most of the information can be sought form the available literature. So the researcher has chosen doctrinal method as method of research for the present article and has used books, journals, research articles for preparation of the same. Objectives of the study The main objectives of the researchRead MoreSocial Media6807 Words   |  28 PagesSocial Networks and their impact on Availability, Confidentiality and Integrity Musa Ramadhani Davenport University IAAS 667 - Legal and Ethical Security Topics Deanne Cranford-Wesley Table of Contents Abstract3 Introduction4 Problem Statement7 Literature Review8 Findings11 Military Families12 Identifying your social media users16 Common myths about Social Media17 Data leakage and non-disclosure17 Social Media Squatting18 A new generation of hackers18 The high cost of inaction19 Read MoreSocial Media And Its Effects On The Internet2870 Words   |  12 PagesAbstract Social networking websites are the most prominent websites on the Internet. Millions of people use them every day to interact and connect with family, friends, and loves who maybe far away or within big businesses organizations, and schools. Social networking websites like Twitter, Facebook, LinkedIn and Google Plus and Google Handouts seem to be the most popular websites on the Internet. Social networking privacy issues have ruled the headlines in the first half of 2011. With most social networksRead MoreCore Banking Solutions12901 Words   |  52 PagesOf Core Banking Solutions (CBS) Objectives of the Project Work: The major objectives of this project work are to: †¢ To evaluate the advantages and disadvantages of CBS over traditional banking system †¢ To explore the technology used in CBS with special reference to Shreyas Grameen Bank. †¢ To identify and discuss various issues related with the automization of Banks. †¢ To define various Core Banking Services provided by Indian Banks. †¢ To identify andRead MoreFactors Influencing Enhanced Data Security Essay9883 Words   |  40 Pagesgovernment body which regulates all operations of commercial banks, controls the monetary policies as well as revoking banking licenses. Cyber-crime- this refers to all attempts by hackers to access information, manipulate and transfer unauthorized data or information. Data breach- This is any access of information by unauthorized people ICT Department- this shall be used to describe the department within the corporate which deals with handling of data and managing MIS. Hacker- this is a person who knowinglyRead MoreA Study of How to Promote the Use of Mobile Payment4519 Words   |  19 Pages209KM Research Methods Project Proposal A study of how to promote the use of mobile payment This example is for discussion, not used as a model of good report Table of Contents 1 Title 1 2 Aim 1 3 Objectives 1 4 Background 2 5 Critical review of relevant literature 3 5.1. Basic Mobile Payment Types 3 5.1.1. Mobile Fees Account Payment 3 5.1.2. Bank Card Mobile Payment 3 5.1.3. Token based Mobile Payment 4 5.2. Mobile payment choice 5 5.3. Factors that influenceRead MoreThe Pros and Cons of Cloud Computing3785 Words   |  16 Pages(IS) to the client by slipping into the role of a CIO on the receiving side and a sales person on the giving side respectively. â€Å"Cloud† is more a term than a definition, much like â€Å"web 2.0†, which describes a conglomerate of modern, dynamic and social web services. CC refers to a concept where the user gets computing and storage capacity without owning it, everything happens beyond his senses, in the â€Å"cloud†. The concept dates back to the 60s where the ideas of global computing networks shed the

How Nursing was before and How Nursing is Today free essay sample

? Nursing Theory: How Nursing was before and How Nursing is Today Abstract Nursing has been and will continue to evolve with new theories related to patients, nurses, education, and science. The past and present research and ideas of nursing theorists impact the science of nursing and the standards of the nursing profession. Core components of nursing have resulted from the development of different nursing theories developed over the years which have contributed to guiding the clinical aspect of nursing into what it is today. Virginia Henderson and Dorothea Orem are both nursing theorists who developed theories that have essentially shaped the foundation of nursing as one had a hand in the development of nursing while the latter contributed to the ultimate shaping of nursing in general. This paper will compare Virginia Henderson’s Nursing Needs-Based Theory against Dorothea Orem’s Self-Care Deficit Theory. The Theory of Need was developed by Virginia Henderson and was derived from her education and nursing practice. â€Å"Henderson’s goal was not to develop a theory of nursing, but rather to define the unique focus of nursing practice† (nursingtheory.org, 2013). Virginia Henderson’s theory played a very important role in the development of modern nursing. â€Å"Her contributions, especially to evidence based practiced nursing are considered so important that Sigma Theta Tau International Library has been named in her honor† (Jacqueline Longe, 2006). Henderson believed â€Å"that the nurse should help the individual achieve independence as much as possible, and that the nurse should take a patient-centered approach to nursing to be based in evidence and research. She also believed that a nurse should be considered an independent member of the total healthcare team and that the nurse should only perform nursing functions, neither performing the diagnosis, prescription, and prognosis functions of a physician or any tasks such as serving food and cleaning that were not directly related to helping the patient with the 14 basic nursing functions† (Jacqueline Longe, 2006). Henderson’s believed that her created functions list was an essential part of basic nursing care. The nurse should help the patientperform some essential functions such as eating and drinking, breathing, communicating, participating in recreation, worshiping, avoiding danger or hurting others, and keeping clean. Once these basic needs were met and the patient was â€Å"able to perform all the functions by themselves, then the patient would be considered independent and no longer require the aid of a nurse† (nursing-theory. org 2013). Virginia Henderson also b elieved that it was important that nursing be based on evidence and research as it was a critical component of improving nursing research. Henderson had a strong belief that all nursing staff should have access to literature on nursing and current nursing research to help better their practices† (www. nursing-theory. org, 2013). There were three major assumptions that Henderson listed in her model of nursing assumptions: â€Å"Nurses care for the patient until the patient can care for themselves, nurses are willing to serve, and that the nurse, devote themselves day and night to the patient, and the nurses should be educated at the college level in both sciences and art† (nursing-theory.org, 2013). Another great theorist, Dorthea Orem, created the Self-Care Deficit Nursing Theory with the assumed philosophy that patients have a desire to be more independent and would want to take care of their own needs thus helping them recover more that patients want to care for themselves and can recover more rapidly and holistically by being as independent as possible. The self- care components identified by Orem can be categorized into one of three categories: Maturational: progresses the patient to a higher level of maturation Situational: prevents against harmful effects in development Deviation requisites: needs that come up based on patients condition If the patient is unsuccessful in sustaining his or her self-care needs as indicated, then a self-care deficit is identified for the patient and the nurse can intervene â€Å"with a varying level of support that can range from complete care, partial care, or simply educating the individual† (currentnursing. com, 2013). Compare and Analyze the Common Core Concept The commonality between the theories of Virginia Henderson and Dorthea Orem is their attempt to define the role of nursing. Henderson definition of nursing is â€Å"the unique function of the nurse is to assist the individual, sick or well, in the performance of those activities contributing to health or its recovery (or to peaceful death) that he would perform unaided if he had the necessary strength, will or knowledge (nursing-theory. org, 2013). The Self Care Theory developed as a result of Dorthea Orem working toward her goal of improving the quality of nursing in general hospitals in her state. The theory is relatively simple, but generalizable, to apply to a wide variety of patients â€Å"(nursing-theory. org, 2013). Concept Statement Henderson believed that the function of the nurse is to help the patient, whether healthy or ill, in all basic functioning activities that contribute to the patients health status thus leading to either a rapid recovery or peaceful death. She further believed that this assistance by the nurse would prompt the patient to â€Å"perform unaided given the necessary strength, will or knowledge, and to do this in such a way as to help the individual gain independence as rapidly as possible† (Henderson, 1966). Metaparadigms The major concepts of Virginia Henderson’s Need Theory relate to the metaparadigm nursing, health, patient and environment. Person Individual patient or client is a whole, complete, and independent (nursing-theorist, 2011) Mind and body are inseparable (nursing-theorist, 2011). Patient will require assistance to achieve health and independence or peace at death (nursing-theorist, 2011) Health Basic form of functioning (nursing-theorist, 2011). Promotion of health is more important than care of sick (nursing-theorist, 2011). The quality of health rather than life itself, that margin of mental physical allows a person to work most effectively (nursing-theorist, 2011). Environment Illness or disease has the potential to interfere with a nurse’s ability to exert control over the environment. When possible, the nurse is to alter the environment in such a way as to support the patient 7 essentials in the environment: light, temperature, air movement, atmospheric pressure, appropriate disposal of waste, minimal quantities of injurious chemicals, and cleanliness of surfaces and furnishings in contact with the individual (nursing-theorist, 2011) Nursing To describe the care that any person requires no matter what the physician diagnosis and prescribed therapy (nursing-theorist, 2011). The nurse’s basic care is the same wheter the patient is considered physically or mentally ill (nursing-theorist, 2011). Care must empower the patient to become self- sufficient as soon as possible (nursing-theorist, 2011). Philosophy The philosophy of Henderson outlines an â€Å"integrated approach to scientific study that would capitalize on nursings richness and complexity, and not to separate the art from the science, the doing of nursing from the knowing, the psychological from the physical and the theory from clinical care† (vhenderson2011blogspot. com). Conceptual Model Henderson’s conceptual model of nursing supported a humanistic approach by giving emphasis to the taking care of the sickly, the dying, and the individuals incapable of caring for themselves. It put more stress on the actions of the nurses and the type of patients that should be cared for by nurses and therefore should belong to the â€Å"reciprocal interaction world view category. The functions of nurses were to give intimate care to people who cannot function effectively on their own . It also emphasized that nurses be thought the skills and knowledge that would enable them to help their patients. The model also stressed that as soon as the patients are able nurses should be able to assist them in their recovery and if not to care for them in regaining their dignity and basic functioning† (vhenderson2011blogspot.com). Conclusion Through literature, it is evident that the exact role and nature of nursing is not easily defined and the theories developed by Virginia Henderson and Dorothea Orem solidified this concept. Virginia Henderson’s Needs Theory detailed that there were steps to be assumed in the promoting and sustaining of a patient’s health whi le Orem’s Self-Care theory indicated the role of a patient in caring for his or her health as well as the component that nursing contributes to encouraging the facilitation of patient self-care. And although nursing is very multi-faceted and complex, theorists and nurses alike agree that it is an exhilarating profession that is rich in practice and theory. As nurses, it is important that we continue to develop, expand, and contribute to the concepts and ideas that reinforce the core concepts of nursing. References Dorthea Orems Theory. (2013). Retrieved from Currentnursing. com: www. currentnursing. com/nursing_theory/self_care_deficit_theory. html Henderson vs.The Nature of Nursing: A definition and its Implications, Practice, Research, and Education. (1966). New Yrok: McMillion Company. Nursing Theorist: Virginia Henderson. (2011). Retrieved from www. vhenderson2011. blogspot. com/p/major-concepts Virginia Hendersons Need Theory. (2013). Retrieved from Currentnursing. com: www. currentnursing. com/nursing_theory/Henderson. html Henderson Theory of Nursing: The Gale Encyclopedia of Nursing Allied Health: Ed Jacqueline, L. Longe. Vol. 2. 2nd ed. Detroit: Gale, 2006 (1280-12 81)

Contractual Relationships in the Domain of Education

Critiquing the diary of Jules Renard essays

Critiquing the diary of Jules Renard essays Jules Renard seems to have had a pretty full life. He grew up with a distant father, "His father stopped talking to his wife after Jules was born...remained largly indifferent to his son..." His mother appears to bit quite an eccentric, "a bigot...a compulsive talker and fibber." But it seems later in life, he was happy. This section seems to be written near his wedding day; "If I were a bird, I would sleep only in the clouds." It seems to me, Jules is expressing a feeling of great happiness. But then it almost seems that he slips out of that excitment. Jules had a great anger against "hypocrocy and sham". "We no longer know what love is. The thing itself is lost, drowned in a verbal deluge." It would appear to me that he is trying to say how sometimes people pervert situations. He felt that love had become just another unimportant expression, easy come, easy go. It is taken for granted. " A boy from an orphan asylum....receives 120 francs for fifteen months. I am thoughtless enough to say it is not much...he says with pride: '...you get your washing done, and a pair of shoes.' " This young man didn't take anything for granted. What others saw as not enough, he saw as more than enough. I think Jules was trying to convey his gratitude for what he had. Hw was elected Mayor of his home town in 1904 and had become a successful author. Through all of this, he never seemed to lose his appreciation of it all, of even being alive. "...all my forced parodixes, my hatred of the conventional, my contempt for the commonplace, do not prevent me from turning soft on the first day of spring..." This is my favorite, "I cannot look at the leaf of a tree without being crushed by the universe." That line seems to say that regardless of whether it's a leaf, or the entire universe, they are both of greatness. They are both significant. It is obvious that Jules was an extremely greatful man for all he had been blessed with, and tried to appeal to others...

Power Relations and the Reporting of International News Essay

Power Relations and the Reporting of International News - Essay Example This research will begin with the statement that globalization has brought huge changes in this world. Virtually, there are no life segments in which globalization failed to make an impact. In politics, economics, education, business as well as in social and cultural activities, globalization has brought huge changes. Journalism or reporting of international news is another area in which globalization was able to bring significant changes. It should be noted that the power relations have been changed drastically after the collapse of former the Soviet Union. Earlier, America and the Soviet Union were the undisputed superpowers in this world and the majority of the other countries were keen on establishing the political relationship with these countries. It should be noted that majority of the communist countries took aside of the Soviet Union whereas a majority of the capitalist countries joined hands with America during the cold war period. As a result of that, the media in differen t countries started to make and report news wither in favor of America or in favor of Soviet Union, based on the political relationship of their mother country with the superpowers. In other words, neutrality in the reporting of international news has been severely damaged during the cold war period. At the same time, the destruction of Soviet Union, as well as the introduction of globalization, has changed the reporting of international news drastically. America became the undisputed leader in global politics after the destruction of Soviet Union, even though China is rapidly becoming the second superpower in the world. Moreover, â€Å"the forces of  resurgent market liberalism, the decline of public service broadcasting, the global collapse of dictatorships and the outbreak of the so-called ‘catching up’ or ‘velvet’ revolutions of 1989-1991† have contributed heavily to the changes in the global reporting styles. In short, the rapid changes in the global political and economic spectra have contributed heavily to the changes in the reporting of international events.

Operation management Essay Example | Topics and Well Written Essays - 1000 words

Operation management - Essay Example But one thing we wouldn’t like to do is to pay much for such services. To be able to deliver quality services and goods to the customers, there are management skills that are needed. Operations management therefore focuses on such management skills that lead to higher productivity and increase responsiveness, providing more choice to customers and delivering quality standards. In short, operations management involves analyzing business processes and how to improve them (Investopedia, 2013). Progressing further, operations, management can be defined as the administration of business practices in order to create the highest level of efficiency in an organization. It is thus concerned with converting materials and labor into goods and services in an efficient way in order to maximize the profit of an organization. Therefore, the operational management team is concerned with designing the inputs (materials, labor, and overhead) conversion methods, into outputs (goods, services and value added products), that brings benefits to the organization. Arguably, one would say that high level efficiency in an organization may be attained without employing certain administrative practices; hence operational management has no importance in making the business attain efficiency or maximize profit. This paper is meant to find out the solution between either using operation management or no operation management to achieve organizational efficiency. Nonetheless, one would wonder if firms that do not employ proper operations management techniques would also be able to maximize on their profits as they improve on the efficiency of the firms. This is as opposed to those firms that are keen about the kind of operations management techniques that are employed in their daily operations. Obviously, it becomes very necessary for all types of organizations to consider operations management since they all produce a mixture of some goods and services. In smaller organizations, many o perations management activities are done by the other employees who are involved in many other operations of the firm such as marketing staff and accountants. Operations management is considered important in any organization as it aids in making the decisions that would impact the costs of producing the products and services that the firm is involved in. It also aids in making a decision that would impact how well the products and services are delivered, which then is critical to the revenue that the organization receives. This would then mean that, when good operations management programs are put in place, the cost of production would be less while the products and services delivered would be of high quality, hence the resulting revenue that would be received by the organization will be high. When poor operations management programs are put in place, less revenue will be earned, hence good operations techniques are essential for profit maximization in any organization. Following th at, to illustrate this fact, a certain restaurant has employed two different operations management techniques in order to compare the cost of operations involved in running the restaurant. For the first three months, the restaurant hired excess workers and used to purchase materials in excess so that extra material could be given to the workers to avoid going bad. After the here months, a new management was put in place and there was a difference in the

Impact of Globalisation and FDI on Chinese Labour Law

Impact of Globalisation and FDI on Chinese Labour Law The Impact of Globalisation and Foreign Direct Investment on Chinese Labour Law and Policy Appetiser There I was, situated in Shanghai as part of a new student program with the University of Sydney. I drew back the curtains of my hotel suite on the thirtieth floor and beheld the Shanghai skyline. I had been told that not a single building was more than ten years old and I believed it. Before me stood a futuristic New York with sturdy glass skyscrapers towering above the masses as they went about their day on rudimentary cycles. I felt Caucasian and large in a world of physically short men and women whose world was running away from all that they had been and understood. I almost felt as though I were more at home in this strange, capital leviathan of structures, fitting precariously at the doorstep of wealth and clutching like a lost child to the parent sleeve of communism. Over the next four weeks I would study the impact of globalisation on China’s economical, political and social traditions. I was to tear away at the old fabric of a people’s country and in my own way seemingly justify intellectual property, uneven distributions of wealth and a drive for profits in this world that was steadily before my eyes, turning from red to green. Those students who had come before me had ignored the sheer impact of such factors on this socialist world. They focused merely on the steps that would need to be taken to eradicate bad habits that were hostile to Foreign Direct Investment. Yet the irony was that each and every one of us would venture into the markets and pick up accurate knock-offs of Prada and Hugo Boss for a fraction of their genuine retail value. I did however choose to focus on the people that remained behind the curtain of global market triumph. These were men and women whose lives were left uncertain in a country now becoming more a nd more devoid of lifetime guaranteed jobs. I wondered at their predicament, I focused on thinking of the changes to their lives and hoped that they would understand that it was all for the best. Nicola L Tysoe Introduction The clear combination of Foreign Direct Investment (FDI) welcoming policies and a relatively low cost economy spells a formula which, with the addition of cheap labour will become an area that foreign investors are only too happy to target by means of outsourcing the bulk of their services to the People’s Republic of China (PRC). China is rapidly growing in strength into a super power of the future and it becomes necessary to take a good look at the anatomy of this prosperous period of growth. This paper will begin in Chapter one by focusing on the substantive legal reforms that have been brought on by China’s bid for a more FDI welcoming environment. This will begin by giving an historical account of the social factors that encouraged reform Chapter two will then provide substantive analysis of the Chinese Labour Law of 1994, the Trade Union Law of 2001, Occupational Health and Safety and social security. In theory, and in a perfect world, the rapid race to FDI impacts on the economy of the target State in much the same manner as the Marshall plan that brightened the horizon for West Germany after the Second World War. Analysts would be forgiven for assuming that it is only a matter of time before the standard of living and sophistication of infrastructure of China begins to reach levels that are on a par with Western markets. This does after all go hand in hand with development in many infrastructures such as pensions and insurance, banking, intellectual property enforcement, taxation and corporate governance. It is also assumed that the process of acceleration will become exponential due to China’s recent accession to the WTO. In March of 2003, three major institutions came together to convene the International Conference on the Labour Reform: Employment, Workers’ Rights and Labour Law in China. These were; the International Institute’s Advanced Study Centre (ASC), the Institute of Labour and Industrial Relations and the Centre for Chinese Studies. In addition delegates from the World Bank, Amnesty International and University of Michigan faculty members and event co-sponsors[1]. The central point of discussion for this two-day conference was to discuss changes to the labour market of China as a result of over twenty years of rapid economic reform. Interestingly, this conference went beyond the mere analysis of new laws and looked more closely into the socially impacting factors of implementation in order to illustrate the true reality for workers in post economic reform China. This conference illustrated the clear need for a social analysis of labour in addition to the more procedural concepts of law reform and economic policy changes. Chapter three will therefore provide the contrasting reality for workers and give an account of China’s weak implementation policies as well as the emergence of inequality of worker treatment due to geography, gender and, surprisingly, the corporate entity of the employer. Finally, no social, financial and economic analysis of labour in post economic reform China would be complete without also analysing the issue of China as a global influence that may be set to create an international benchmark for attracting FDI. Chapter three will explore this point with reference to the existing impact of China on the global investment scene. The question asked will be whether the international community has cause for concern given China’s poor implementation strategy against promising legal harmonisation such as recent accession to the WTO. This will raise the worrying issue of risking a trend within workers rights that will witness a ‘race to the bottom’. Chapter One: Analysis – Social-Economic reform in China AHistorical Changes to Labour The political reason for economic reform in China was derived from unrest between 1966 and 1976[2] in which there had been a loss of confidence in the communist regime. By instigating reforms towards the creation of an open market, the Government hoped to establish popularity in an ever more dissatisfied population[3]. In addition to politics, China instigated reforms as a result of practical necessity and clearly prioritised economic welfare over purely communist ideals. This revolutionary compromise saved the regime and is exclusively responsible for China’s preservation of communism to this day[4]. China initially instigated its experiment with private ownership in 1978 but prior to this time annual growth rates in industrial production were measured at an average of 9.59 percent between 1952 and 1978[5]. In addition, industrial capital assets increased by an average of 11.08 percent and this contrasted with employment growth of a mere 5.98 percent per annum[6] and a wage rate increase of a mere 0.1 percent! The increased labour was resourced from rural regions as prospects in these areas diminished and young people undertook economic migration in search of better wage rates in China’s urban centres. This displacement of the population placed pressure on the maintenance of food supplies into the cities and called upon increased spending on housing and public services. The resulting reduction in rural labour resources also resulted in a decrease in agricultural output thereby increasing food costs across the country. The response from the Chinese government was to prioritise on the development of industries that yielded the highest revenue and these were centred in the urban districts[7]. Unfortunately this resulted in a destabilization of equilibrium of employment availability between the urban and rural regions thereby resulting in increased unemployment in the latter by the late 1970s. The result was an increased migration of rural populations seeking work and numbered a staggering, albeit modest estimate of 5 to 6 million Chinese between the years of 1978 and 1980[8]. The Government was effectively faced with a crisis as the traditional communist solution to simply create jobs within state owned sectors proved to be wholly unrealistic given the scale of the problem. Clearly relaxation of FDI restrictions, coupled with the attractive incentive of low cost labour would open the door to investment from the West. It was also conceded by the Chinese Government that this economic reform would create widespread modernisation of existing infrastructures and provide a breeding ground for technological advancement, as well as facilitate greater responses to consumer demands[9]. The Chinese Government regarded the allowance for economic growth within a private sector to tackle the problem of unemployment and treated the venture as an experiment. However these areas of private growth had originally formed part of the old communist infrastructure and this alleviated the brunt of political connotation for creation of a thriving private sector within a socialist regime. As is typical for developing States, China utilised the system of allocating Special Economic Zones (SEZs) for the purpose of concentrating FDI into specific geographic locations. Allocation of the location of these zones began in the early 1980s and there are now five SEZs in the provinces of Guangdong, Fujian, Hainan Hunchun and Pudong (Shanghai). To this day these zones provide huge tax incentives in the early days of development and can typically entail tax exemption during the first years of business until profits are declared[10]. Thereafter a ‘Tax Clock’ is counted whereby corporations tax would fall payable after the second year of profitable business[11]. Tax is then chargeable at a discount until the end of year five[12]. This method does however create vast inequalities of economic wealth between SEZ and non SEZ regions. This will be discussed further in chapter insert. B.Direct Implications for Labour 1986 saw China make the bold step of awarding further preferential treatment to businesses within the SEZs that had been established with overseas capital. Under new regulations these firms were permitted to independently determine the size of their own workforce and were given carte blanche discretion on setting wages. In addition, the Government acknowledged the need for entrepreneurs and hence, increased freedoms for domestic companies. Earlier in 1978 China had therefore given leave for small, privately run businesses to be given permission to exist and grow. In 1981 the State Council set up regulations governing the business ventures of entrepreneurs. By 1988 large domestic companies had been awarded the same workforce level control and profit distribution freedoms as FDI funded companies[13]. Chapter Two: Understanding Labour Law in Post Reform China AUnderstanding Chinese Labour Market Structure In order to fully appreciate the effects labour reforms that were brought on by FDI and globalisation it is essential to fully understand the current labour market structure. There are now four types of in addition to privately owned companies and urban collectives. Firstly there are State owned enterprises which, while resembling a capitalist entity by being profit-driven, remains under the control of the People’s Republic of China (PRC)[14]. These enterprises form the historic legacy of the pre-reform days of centralised State planning. This type of entity is used for the implementation of public policy ventures. However, since these reforms have taken hold, there has been a need for wages to be competitively set in accordance with market trends thereby facilitating external, capitalist behaviour when dealing with human resources. Secondly township and village enterprises (TVEs) consist of groups of firms that are inextricably and contractually linked to the local governments of a township or village[15]. These types of business entity are restricted to the employment of local people and must adhere to stricter budget constraints than their state owned enterprise counterparts. Township and Village Enterprises are clearly also connected to local markets such as fishing and agriculture and are not subject to state planning policies for the implementation of public sector ventures. Thirdly Joint Ventures (JVs) are largely located in the five SEZs of the PRC where one party to the venture is a foreign investor. Where however domestic enterprises engage in a similar agreement, no such geographic restriction applies and as a result JVs tend to be scattered around the whole of the PRC. JVs enjoy the contractual freedom of being able ensure that they may hire and fire whomsoever they please within their constituent workforces and are therefore awarded far more flexibility than their state owned enterprise counterparts. Lastly, foreign owned firms are similar in this respect but they of course obtain far more advantageous tax advantages than any of the other three types of entity. This therefore means that of all the types of corporate forms, the foreign owned firm is by far the least restrained[16]. This description of the status of the various separate entities throughout the PRC is, as stated above, essential for a full understanding of the labour law reforms. Part B will now explain reform in relation to the Labour Law of 1994. Part C will do the same for the Trade Union law of 2001 and Parts C and D will explain current Chinese policies on Occupational Health and Safety and social security respectively. BThe Labour Law of 1994[17] The Labour law of China was passed by the Standing Committee of the National People’s Congress in 1994 and became effective on 1 January 1995 and was in fact the first substantive legal source for labour relations in the history of the PRC. The statute consists of a series of principles that are derived from China’s administrative regulations and, as will be seen, represents a clear desire of the PRC Government to create a system of labour and industrial relations that is far more in keeping with the international community’s standards. Interestingly, there exists a clear attempt to combine the two concepts of traditional command economy with the Western market economy ethos. This balancing act may seem to be a conceptually awkward marriage. Scope of the Law Article 4 of the Labour Law firmly states: â€Å"The employing units shall establish and perfect rules and regulations in accordance with the law so as to ensure that labourers enjoy the right to work and fulfil labour obligations.† The Labour Law of 1994 is applicable to all business entities, whether nationally or internationally owned and governs employment across the skills spectrum. The clear aim to remove distinctions in labour rights between the various skills types and corporate entities is a positive effort to create one high standard of rights for workers in China. A further aspect of the Labour Law is contract employment is given a great deal of attention within Chapter 3 of the Law whereby it has become necessary for all employment to be protected in accordance with a contract. Article 16 states: â€Å"A labour contract is the agreement reached between a labourer and an employing unit for the establishment of the labour relationship and the definition of the rights, interests and obligations of each party. A labour contract shall be concluded where a labour relationship is to be established.† Prior to the economic reforms that were brought on by unrest and global pressure, the PRC Government was solely responsible for the allocation of labour. Instead, the Labour law follows 1986 regulations[18] whereby the standard contract of employment is described. By 1995, the Ministry of Labour had stated that this contract employment system was already in operation among some 85% of the state workforce[19]. A further internationally respected issue of the Labour law is direct address to anti-discrimination. Article 12 states: â€Å"Labourers shall not be discriminated against in employment, regardless of their ethnic community, race, sex, or religious belief.† This is followed by Article 13 which provides that: â€Å"Females shall enjoy equal rights as males in employment. It shall not be allowed, in the recruitment of staff and workers, to use sex as a pretext for excluding females form employment or to raise recruitment standards for the females, except for the types of work or posts that are not suitable for females as stipulated by the State.† The issue of gender equality does in reality reflect the PRC’s existing policies of equality that are not unusual for a communist state. In addition to the Labour Law, the PRC also produced the Law on the Protection of Women’s Rights and Interests in 1992[20] and is in keeping with the international campaign of the United Nations Development Fund for Women[21] . The law also consists of mandatory periods of rest, restrictions to overtime and overtime pay. In relation to factories that are set up within the Special Economic Zones (SEZs) it is surprising to note that these mostly foreign owned companies are the worst culprits for worker exploitation. The reason for this is that the bulk of those employed are from the rural areas and tend to be on a temporary basis, which is associated with the fluctuating demands for labour in privately owned firms. This is by contrast to the state owned businesses that promote longevity of working contract as a legacy of the communist era. The Labour Law stipulates in Article 36 that workers are to be engaged for no more than 8 hours per day and that the working week is no to exceed 44 hours. In addition, Article 38 calls for the right to have at least one day off per week. It is also interesting to learn that only three months after the coming into effect of the Labour Law, one State Council reduced the mini mum standards of working hours within the Labour Law to a maximum of 8 hours per day for five days per week. The Labour Law also provides for criteria for the calculation of a minimum wage within Article 48, which specifies that: â€Å"The determination and readjustment of the standards on minimum wages shall be made with reference to the following factors in a comprehensive manner: the lowest living expenses of labourers themselves and the average family members they support; (2) the average wage level of the society as a whole; (3) labour productivity; the situation of employment; and the different levels of economic development between regions.† As stipulated above, Article 48 also provides for the reporting of wages to the State Council which means that the Central Government has the power to supervise wages across the nation. This is only a slightly more invasive policy than that of Western Civilisations that specify a minimum wage but is arguably superior given that the wording of Article 48 provides for relative considerations such as geographic cost of living and worker commitments in order to determine wage levels. This therefore means that deemed income that is sufficient for comfortable living is more realistically achievable for Chinese workers than many low income earners in the West. This also provides for the availability of a large amount of data concerning minimum wage levels across the PRC and there is a sizeable difference between the South Coast SEZ provinces by comparison to the Northern regions. This will be discussed further in Chapter 2. A new kind of relationship between the worker and the state The Labour Law has cleverly converted administrative sanctions into liability for breach of contract, thereby maintaining a sense of obligation for workers without the stigmatising concept of the over-lord State. An example of this can be seen in Article 25 which stipulates situations that would permit the revocation of the contract of employment: â€Å"The employing unit may revoke the labour contract with a labourer in any of the following circumstances: to be proved not up to the requirements for recruitment during the probation period; to seriously violate labour disciplines or the rules and regulations of the employing units; to cause great losses to the employing unit due to serious dereliction of duty or engagement in malpractice for selfish ends; and to be investigated for criminal responsibilities in accordance with the law.† Another example is the right to sue workers for damages in the event that they walk away from the job[22]. As regards the obligations and duties of the employer to the employees, the Labour Law deals with Legal Responsibility[23] of the employer exclusively in such areas as excessive overtime and breaches of occupational safety but these will be dealt with further in part D. This incentive of shifting the premise for disciplinary violation as a contractual breach is also in keeping with the PRC’s efforts to award legal personality to businesses, regardless of whether they are state or privately owned. Indeed, as far as state enterprises are concerned, there will be a marked change in its relationship towards its workers and the contractual format of establishing such a relationship will be the basis for this change. In addition it is clear that the Chinese Labour Law was written to combat the inevitable onslaught of problems of abuse of uneven bargain positions that are common in the West. Indeed, with the introduction of a market dependent labour force it is clear that Western style abuses would arise and that therefore, workers would require to be entitled to the internationally recognised right to privately instigate litigation. This does however contrast with continued State control over the process of employment termination and this reflects the ongoing strength of pre-reform ethics concerning security of employment. This therefore means that lay-offs are statutorily regulated, as is illustrated in Article 27 which stipulates a requirement to consult trade unions: â€Å"During the period of statutory consolidation when the employing unit comes to the brink of bankruptcy or runs deep into difficulties in production and management, and if reduction of its personnel becomes really necessary, the unit may make such reduction after it has explained the situation to the trade union or all of its staff and workers 30 days in advance, solicited opinions from them and reported to the labour administrative department.† The result of this law is that termination for employment as a means of increasing productivity is prohibited. The main reason for this is that communist manufacturing infrastructures create more than a mere job for labourers but also provide workers with an array of fringe benefits that overshadow those of Western counterparts. These benefits traditionally include housing and free medical care with the result that a loss of work often means a loss of home and health! Layoffs therefore carry serious implications for political upheaval and are to be avoided at all costs and an employment culture of relocation, retraining and early retirement is unlikely to arise in the foreseeable future[24]. This does contrast with pressures from both the World Bank and the World Trade Organisation of which China has now been a member since 11 December 2002[25] but in general it would be prudent for these global organisations to be sensitive to the impact of economic restructuring on a workforce that is dependent on the full-life-package derived through their employers. It does seem that the influence of FDI into China has led to reforms that result in the workforce becoming a mere producer of manufactured goods as opposed to a fully rounded human being with social needs. C.The revised Trade Union Laws of 2001[26] Following the economic reforms that have caused China to become globally open to FDI, the resulting reforms of labour laws and trends in labour activity have resulted in a new role for trade unions as safeguards of worker’s interests during the difficult period of reform that would give rise to dissatisfaction from the workforce. This is stipulated in the November 2001 report of the International Confederation of Trade Unions[27]. Interestingly this report regards the revised Trade Union laws of 2001 as representing only a minimal departure from the 1992 version. This earlier version had been heavily criticised by the International Labour Organisation’s Committee on Freedom of Association which condemned the 1992 law as a: â€Å"serious constraint on the rights of unions to establish their own constitutions, organize their activities and formulate programs.[28]† However, the following substantive analysis will reveal that Trade Unions have been awarded substantial powers in their role as organisations that are established to represent the welfare of the labour force but also maintain a central system of regulating these Trade Unions. As stated above, the original 1992 Trade Union Law was revised in 2001 in order to create a more comprehensive response to the continuing market foundation of the Chinese economy[29]. The role of the Trade Union is defined in the basic functions under Articles 2 and 6 of the Trade Union Law of 2002. Article 2 states that: â€Å"Trade unions are mass organizations of the working class formed by the workers and staff members on a voluntary basis. The All-China Federation of Trade Unions and all the trade union organizations under it represent the interests of the workers and staff members and safeguard the legitimate rights and interests of the workers and staff members according to law.† In addition, Article 6 states that the basic function of the Trade Union is the safeguarding of the rights and interests of workers. Further to this, Trade Unions are to coordinate labour relations and arrange for members to partake of democratic decision making and remain in close relation with workers as their representatives to employers. Before China’s economic reforms, Trade Unions were chiefly involved in the fringe benefits of workers such as education and welfare. This was based on the premise that worker unrest and industrial action were unique to capitalist regimes although the truth of this matter is debatable. It is however true that the profound change to relationships between the worker and the employer are significantly different to justify an alteration of the role of the Trade Union. One of the main differences is the realisation that workers can no longer be automatically enrolled into Trade Union Membership. According to Union Chairman and Politburo member Wie Jianxing[30] only 5% of workers in the private sector were actually Union members. This was by comparison to a mere 3.4% in township enterprises. Incentives to increase Union membership are therefore present in the 2001 Union Laws. Article 10 encourages increases in Union branches and recruitment drives by the more superior branches also form part of the Union policy of increased membership under Article 11. In addition, Article 43 and Chapter VI have been introduced to protect the interests of maintaining Union property and income. Clearly this issue could not have arisen under the pre-economic reform era of Chinese communism. This initial analysis of laws that are geared towards the protection of the Union does motivate us to question whether this has become a priority that exceeds the interests of workers. Clearly the path of the Chinese Government is to ensure that Trade Unions should work hard to remain at the forefront in order to continue to provide support to workers. This is especially important during a time in which Chinese workers are arguably more vulnerable in a commercial environment where traditional guarantees of life-time work and fringe benefits are becoming ever more unstable. In addition to the above changes, Article 20 stipulates increased power for Trade Unions in collective bargaining and in Article 21 a right has been created whereby the Union may interfere in disciplinary proceedings and unfair dismissals. In the case of workers taking their employer to court, the Trade Union is obliged to assist. Equally significant is the power for Unions to assist in strikes and work to rule action. Clearly the role here is for the Trade Union to act as the voice of the labour force and a theme of the collective, communist labour force versus the potentially corrupt, capitalist employer screams out through the provisions of the 2001 Law. Occupational Health and Safety are dealt with in relation to Trade Unions in Articles 23 to 26. Here Trade Unions have heightened powers in relation this matter which will be dealt with in greater detail under part C below. As regards the relationship between Occupational Health and Safety and Trade Unions, the latter are obliged to conduct investigations into accidents where there have been infringements of health and safety. Trade Unions also have the power under Articles 33 and 34 of the 2001 law to assist in the process of creating new labour laws, further health and safety regulations and policies relating to social security. Consultation rights are also enjoyed by Trade Unions under Articles 37 to 39 of the new 2001 law in relation to these self same issues of pay, health and safety, social security and the democratic election of ‘worker directors.’ By comparison to the old law relating to the power of Trade Unions it is clear that their increase in power is in response to exposure of China to the international community. It is therefore more of a protective mechanism in the face of a more mobile, market influenced labour force as opposed to any international Trade Union movement. In addition, the reforms ought not to be mistaken for a step in the direction of democracy. This is blatantly illustrated in Article 4 which announces a clear adherence to the Communist state: â€Å"Trade unions shall observe and safeguard the Constitution, take it as the fundamental criterion for their activities, take economic development as the central task, uphold the socialist