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SOCIAL AND PROFESSIONAL ISSUES
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2. SOCIAL AND PROFESSIONAL ISSUES
Rolfe Matthew Alipio
â—Ź What is the law?
o “The law is a collection of rules that governs society. A system that
protects and maintains social order and the shape of society.” (USLegal
Inc., n.d.).
â—Ź Criminal law and civil law
o “Criminal laws deal with crimes committed against the society and social
order which they disapprove of and seek to control whilst Civil laws deal
with private disputes between individuals.” Rivera, J. (2022, August 25).
â—Ź Where does the law come from?
o “Laws start as Bills that are introduced by the congress and are passed
into laws when approved by both chambers and the President. ” Clever, S.,
& Imol, Z. (2022, June 12).
â—Ź The legislative process in the Philippines
o “The legislative process in the Philippines is a long and arduous process
that includes the preparation of the bill, first reading, committee
consideration and action, second reading, third reading, transmittal of the
approved bill to the Senate, Senate action on the approved House bill, and
conference committee.” Inc., P. M. (2016, October 2).
â—Ź The legislative process in other countries
o “Every country has a different system for passing laws. In some countries,
the legislative has considerable authority, which enables it to pass laws
independently of the executive branch whilst, in other countries, the
executive branch has the power to veto legislation that it disagrees with.
3. There are also nations where the two branches work together to pass
laws.” Clever, S., & Imol, Z. (2022, June 12).
â—Ź The law across borders
o “The law across borders is a broad area of law that is complicated and
constantly evolving. It covers both transnational law and international law,
which regulate cross-border interactions between people and entities as
well as connections between countries and their populations. The
domestic laws of several countries also influence international law.”
Shaw, M. (2023, May 5).
4. THE COMPUTING PROFESSION
â—Ź The concept of a profession
o “Professions are occupations that demand unique and positive
characteristics, specialized education, and training that includes distinctive
knowledge and expertise relating to a particular field.” Saks, M. (2012).
â—Ź Royal charters
o “Are formal grants issued by royals under royal pursuant to their letters
patent. They served as a means of promoting laws. An example is the English
Magna Carta (greater charter) of 1215.” Wikipedia contributors. (2023)
â—Ź Professional Conduct
o “Professional conduct refers to the professional behavior of an employee
towards clients, employers, other colleagues, etc expected from individuals in
a professional setting. It includes how an individual conducts himself toward
problems responsibly, respectfully, diligently, courteously, and with
competence, skill, good judgment, ethics, and maturity.” MindTools | Home.
(n.d.).
â—Ź Education
o “The exchange of knowledge between people (which can also be done
through instruction or schooling and an institution) and the process of
learning something new (Scanlon et al., 2023).”
â—Ź The advancement of knowledge
o The process of improving or developing knowledge involves engaging in
intellectual activities such as research. By conducting research and
5. experimenting with new ideas, people can expand their understanding of a
subject or field, leading to personal and societal development. Improving or
developing knowledge involves engaging in intellectual activities like research
(Tannenbaum, 2021).
â—Ź Continuing professional development
o “Continuing to be proficient and competent in your profession can help you
advance in your career. This includes maintaining your professional
proficiency and competence, and by controlling your own learning and
development, you can also benefit in your personal life (Lparsons, 2022).”
â—Ź Representing the profession
o "By consistently presenting professional behavior in the work you do and the
way you do it, even outside your profession, you show that you take your
responsibilities seriously and are committed to maintaining high standards in
everything you do," reads a statement from the American Society of Business
Ethics (Saks, 2012).”
â—Ź Membership grades
o “Membership grades reflect your level of capability, knowledge, and influence
at work and are used to designate your current position in your career and
can help you understand where you stand in relation to others in your field.”
CIPD | Membership grades. (n.d.).
Reservation of title and function
o “A contract with a "reservation of title and function" reserves ownership of its
deliverables to the seller until all payments have been made (Tettenborn,
1992).”
6. WHAT IS AN ORGANIZATION
â—Ź The role of organizations
o "The role of an organization is defined by its function, which involves putting
knowledge to work and serving as an important component of social and
physical environments." (Garnett & Balmford, 2022)
â—Ź Commercial organizations
o “Commercial organizations are businesses that sell products or services with
the aim of providing value to their customers and generating profit.”
Commercial Organization | UpCounsel 2023. (n.d.).
â—Ź Limited companies
o A limited company is a type of business structure in which the company is
regarded as a separate legal entity which means that the liability of the
company is restricted to the company itself and not its owners (Hayes, 2022).
â—Ź Setting up a company
o “It is to formally establish a new business, group of people, operating model,
etc.“ Haan, K. (2023, May 3).
â—Ź The constitution of a limited company
o “A limited company's constitution is a legal document that lays out the
guidelines for management, including the relationship between its directors
and shareholders.” (Peng, 2018).
â—Ź Directors
7. o “A director is a member of a board of shareholder-elected organization within
a company. It exists to safeguard the interests of shareholders and to act as
advisers to the company's executive and keep them in check.” Chen, J.
(2023).
â—Ź Takeovers, mergers, and outsourcing
o “A takeover refers to the transfer of control of a corporation from one party to
another. A merger, on the other hand, is the voluntary combination of two
companies into a single legal entity. Outsourcing involves contracting certain
business functions to an external service provider.” Methods of expansion -
external (inorganic) growth - Expanding a business - AQA - GCSE Business
Revision - AQA - BBC Bitesize. (n.d.).
â—Ź Non-commercial bodies
o “A legal entity, primarily engaged in a profession organized solely for
purposes other than profit and does not operate for profit. Its income is used
by the body to achieve its purposes.”
8. STRUCTURE AND MANAGEMENT OF
ORGANIZATIONS
â—Ź Organizational models
o “An organizational structure is a framework that outlines how activities
such as task allocation, coordination, and supervision are directed toward
the achievement of organizational goals. It can include a company’s
hierarchy, its lines of authority and communication, and the rights and
duties of its employees.” What Is an Organizational Model? (2018, August
29).
â—Ź Structuring principles
o “Organizational structure is a system for accomplishing and connecting
the activities that occur within a work organization. People rely on
structures to know what work they should do, how their work supports or
relies on other employees, and how these work activities fulfill the purpose
of the organization itself” 10.1 Organizational Structures and Design -
Principles of Management | OpenStax. (n.d.).
â—Ź Depth of structure
o “It defines the depth of the system used by an organization to outline how
its activities and operations are divided, organized, and coordinated.
Includes the relationship between employer, employee, departments, roles,
and responsibilities.” Kenton, W. (2023).
â—Ź Centralization
9. o “The process of consolidating planning and decision-making tasks to one
leader or location within an organization is known as centralization
(Corporate Finance Institute, 2023).”
â—Ź Setting up a structure in practice
o “In setting up a structure, we must first know and be able to differentiate
among the types of organizational structure; Functional, Divisional or
Multidivisional, Team-Based, Flat, Matrix, Circular, Network, etc. and
understand why a structure is needed.” Kenton, W. (2023).
â—Ź Job design
o “Job design is the process of grouping the responsibilities and tasks that
better describe a job position as well as the qualifications required to
adequately perform it. It is a process that companies use to create a new
job or add duties to an existing job. This allows a company to more easily
reach its goals by having more employees perform more tasks within the
organization. Job design may involve developing a new position or simply
adjusting the set of tasks that a current position encompasses “ What is
Job Design? - Definition | Meaning | Example. (2023, March 27).
10. FINANCING A START-UP COMPANY
â—Ź Why capital is needed
o “Startup capital is used to fund a business venture for a variety of reasons,
including the launch of a company, the purchase of the real estate, the hiring
of a team, the acquisition of necessary tools, the launch of a product, or the
expansion of the business (Carlson, 2020). “
â—Ź The business plan
o “In essence, a business plan should direct a founder's actions through each
stage of growth. A business plan is a detailed written document that
describes your business's activities, goals, and strategy. It includes
information on everything from the products a company sells to the executive
summary to the overall management (Gross, 2022) “
â—Ź Sources of finance
o “A company's success depends on having a reliable source of financing
because it guarantees that there will be enough money to pay for all
necessary costs for facilities, equipment, advertising, paying employees,
paying suppliers, etc. to keep the business operating (Carlson, 2022). “
â—Ź Gearing
o “Gearing is a financial ratio that compares a company's debt or borrowed
funds to some form of owner's equity (or capital). It is a measure of an
entity's financial leverage that shows how much of a firm's activities are
funded by shareholders' funds versus creditors' funds. Carlson, R. (2020).”
11. HUMAN RESOURCES ISSUES
â—Ź What are human resources?
o “Human resources (HR) professionals ensure that employees have everything
they need to perform their daily tasks and are also responsible for fostering a
positive work environment that attracts and retains qualified individuals. HR
is the department in charge of all employees and employee-related
operations in an organization (Marinaki, 2022).”
â—Ź The legal context
o “The laws and regulations that govern employment are referred to as the legal
context of human resources, and they have a significant impact on how
human resources are managed in organizations (Murphy, 2018).”
â—Ź Recruitment and selection
o “The recruitment process typically involve several steps, including
understanding the employer's needs, developing a recruitment plan, writing a
job description, advertising the open position, analyzing applications,
conducting interviews, and concluding the recruitment process. Recruiters
within the HR department take on this responsibility when the organization
looks to make a hire by creating job listings, screening candidates, and
setting up interviews (Indeed Editorial Team, 2022).”
â—Ź Staff training and development
o “Employee training can refer to anything from safety training for an entire
staff to introducing a new hire to the ins and outs of a specific job to
instructing an existing employee how to use new technology. Employee
training is any instruction or activity that teaches employees new skills or
12. enhances their current skills and performance. Employee training, for
instance, is getting a new tablet for the office and teaching your staff the
fundamentals of how to use it. Employee development, on the other hand, is
sending an employee to take an online course or obtain certification to
advance their current skills (Coursera, 2023).”
â—Ź Remuneration policies and job evaluation
o “The guidelines and principles that an organization uses to decide how much
to pay its employees are known as remuneration policies. These policies take
into account elements like the employee's job responsibilities, experience,
and performance as well as market rates for comparable positions (“What Is
a Remuneration Policy?” 2023).”
o “A hierarchy of jobs based on their importance to the organization is
established through job evaluation, which is a systematic process used to
assess the relative value of jobs within an organization. This hierarchy is then
used to determine pay scales and other compensation-related decisions (Van
Vulpen, 2023b).“
â—Ź Appraisal schemes
o “An appraisal scheme is a system used by employers to evaluate their
employees’ work performance. An appraisal system is made up of
predetermined standards that are used to gauge an employee's behavior at
work. The results are then given to the employee as feedback. Employers can
make decisions about employee promotion, compensation, and, in some
unfortunate cases, termination with the aid of an appraisal system (Reinbolt,
2023).”
â—Ź Redundancy, dismissal, and grievance procedures
13. o “Redundancy is a form of termination, and if you're being made redundant,
you might be entitled to certain benefits, such as redundancy pay, a notice
period, a consultation with your employer, the option to move into a different
position, and time off to look for a new job.”
o “Dismissal is when your employer terminates your employment for a valid
reason, such as misconduct or redundancy. A fair procedure must be
followed.”
o “A grievance procedure is a formal process for resolving workplace issues.
Your employer should have one, and if you’re unhappy with the outcome, you
may take your case to an employment tribunal.”
o Dismissals and Redundancy | Peninsula UK. (n.d.).
â—Ź Contracts of employment
o “A written employment contract outlines the conditions of the working
relationship between an employer and employee, including rights and
obligations (Indeed Editorial Team, 2023).”
â—Ź Human resource planning
o “Human resource planning involves analyzing current and future workforce
requirements, identifying gaps, and putting solutions into place to ensure the
organization has the right people in the right roles at the right time. It is the
process of projecting an organization's future staffing needs and developing
strategies to meet those needs (Hayes, 2023).“
14. ANTI-DISCRIMINATION
LEGISLATION
â—Ź The development of anti-discrimination legislation
o “The development of anti-discrimination legislation promotes equality and
averts unfair treatment in a variety of spheres of life. It is developed by
drafting and enacting laws that forbid discrimination based on traits like race,
gender, age, religion, or disability. Amnesty International. (2023, April 14).”
â—Ź What is discrimination?
o “Discrimination is defined as treating someone less favorably than others
because of certain characteristics such as; race, gender, age, or disability. It
has two forms, that being direct and indirect. Discrimination comes in two
forms: direct and indirect, and while they differ, both can have a big impact on
one's social and professional life (Amnesty International, 2023).”
â—Ź Discrimination on the grounds of sex
o “The term "discrimination on the grounds of sex" involves someone being
treated unfairly or unjustly due to their sex, which includes the person’s sexual
orientation, gender identity, or pregnancy that can affect various areas of life.
(DISCRIMINATION - Amnesty Philippines, 2023)”
â—Ź Discrimination on racial grounds
o “Discrimination on the ground of race is the unfair treatment toward a person
or a group of people based on their race and/or ethnicity, which can have a
15. negative impact on their well-being, opportunities, and dignity
(DISCRIMINATION - Amnesty Philippines, 2023).”
â—Ź Discrimination on the grounds of disability
o “Discrimination on the grounds of disability is the unfair treatment of people
who have a physical or mental impairment that limits their abilities. It can
take many different forms, such as denying access to social services,
employment, health care, or transportation. It can also include harassment,
bullying, or violence against people with disabilities (DISCRIMINATION -
Amnesty Philippines, 2023).”
â—Ź Discrimination on the grounds of age
o “Discrimination on the grounds of age (also called ageism) is the unfair
treatment of people based on their age group. It frequently occurs in the
workplace and can negatively affect a victim's career prospects, income,
health, and well-being (Age Discrimination, n.d.).“
â—Ź Avoiding discrimination
o “This includes prohibiting derogatory language and emphasizing that
promotions, raises, and other opportunities will be decided on experience and
skills, not on race, gender, sexual orientation, age, or religion. It is important to
heed the anti-discrimination policies that we have and make sure people
understand what types of behavior are and are not acceptable
(“Discrimination: What It Is and How to Cope,” 2022).”
16. INTELLECTUAL PROPERTY RIGHTS
â—Ź Intellectual property
o “The legal protections for intellectual property, including inventions,
literary and artistic works, as well as logos, names, and images used in
commerce (Kenton, 2022).”
â—Ź Copyright
o “Authors and creators have their works protected by copyrights, which
stipulate that the original creators can authorize anyone through a
licensing agreement to use the work. Copyrights give authors and creators
of original material the exclusive right to use, copy, or duplicate their
material (Kenton, 2022).”
â—Ź Examples of copyright cases involving software
o “In Lotus Development Corporation v. Borland International, Inc., a seminal
case on software copyright heard by the Supreme Court in 19962, Borland
International, Inc. was accused of stealing the names and hierarchical
structure of the menu commands in Lotus' spreadsheet program, 1-2-3,
and offering them in Borland's rival Quattro Pro software (Wikipedia
contributors, 2021).”
o “In Oracle America, Inc. v. Google LLC, Oracle accused Google of violating
its copyright by using the Java programming language to create the
Android operating system (Google LLC V. Oracle America Inc. - Bing, n.d.)“
â—Ź Confidential information
o “Confidential information is often protected by trade secrets. Trade
secrets, which are typically the result of a company's research and
17. development and which must be actively protected by the company
(which is why some employers require the signing of non-disclosure
agreements or NDAs), are a company's process or practice that is not
public information and which provides an economic benefit or advantage
to the company or the holder of the trade secret (Kenton, 2022).”
â—Ź Patents
o “Are legal protections granted to inventors that provide them with
exclusive rights to their inventions for a limited time. Patents may
encompass a vast array of inventions, such as machines, processes,
substances, and other products and technologies. (Kenton, 2022)”
â—Ź Trademarks
o “Are symbols, names, phrases, or designs used to identify and
differentiate the products or services of one business from those of
another. Included among trademark examples are logos, slogans, and
brand names. (Kenton, 2022)”
â—Ź Domain names
o “A domain name typically consists of a top-level domain (such
as.com,.org, or.edu) and a second-level domain. Domain names are
distinctive, human-readable identifiers used to locate and identify
websites on the Internet (Welham, 2023).”
18. SOFTWARE CONTRACTS AND
LICENSES
â—Ź What is a contract?
o “A contract is simply an agreement between two or more people (the
parties to the contract) that can be enforced in a court of law. The parties
may be legal persons or natural persons (Bott, n.d.).”
â—Ź License agreements
o “A software license agreement is a legal contract that protects a
developer's and a user's legal rights against unauthorized software
distribution. Businesses impose these limits to protect the developer's
intellectual property (IP) rights and to reduce any liability for damage
caused by their software. (Software License Agreement: What Is It? Types
and Terms, n.d.).”
â—Ź Outsourcing
o “Outsourcing involves hiring out services or functions to a third party. It
can be done onshore, nearshore, or offshore, and can reduce costs, boost
productivity, and provide access to expertise, but it also comes with risks
and challenges (Overby, 2023).”
â—Ź Contracts for bespoke software
o “It specifies the project scope and cost, intellectual property rights,
confidentiality, success metrics, timeframes, and warranties. This contract
is crucial because it outlines the development services you anticipate
from your partner. A software development contract is a service
19. agreement between you and your software development partner (Software
Development Contracts: All You Need to Know + Templates, n.d.)“
â—Ź Contracts for consultancy and contract hire
o “The scope of services to be provided, the rate of payment for services,
invoicing and payment terms, confidentiality, and intellectual property
rights are all typically covered in a consulting agreement, a document that
outlines the services that an independent contractor can provide to client
business and safeguards both the consultant and the business from
potential disputes (“Understanding Consultant Vs Contractor,” 2020).”
o “Contrarily, contract hire is a kind of long-term vehicle rental agreement
that enables businesses to lease vehicles for a set period of time at a set
monthly cost, typically with maintenance and servicing included (What
Car? Leasing, n.d.).”
â—Ź Liability for defective software
o “Software liability refers to the legal responsibility of software developers,
providers, and users for the damages brought about by software errors,
omissions, negligence, or breaches. Software liability insurance is a type
of coverage that aids in shielding software companies from lawsuits and
costs associated with software failures. (What You Need to Know About
Software Liability | Insureon, n.d.)”
â—Ź Health and safety
o “Software contracts and licensing agreements can outline the duties of
the software provider, user, and developer in ensuring that the software is
safe to use and does not pose any health risks. For instance, a software
license agreement may include terms that require the software developer
20. to adhere to pertinent health and safety regulations and
standards.(Software License Agreement: What Is It? Types and Terms, n.d.-
b)”
21. DATA PROTECTION, PRIVACY AND
FREEDOM OF INFORMATION
â—Ź Background
○ “Personal information refers to any information that can be used to identify
an individual. This can include information such as a person’s name, address,
date of birth, or social security number. In the context of data protection,
privacy, and freedom of information, personal information is subject to
various laws and regulations that aim to ensure that it is collected, stored,
and processed in a secure and lawful manner (Data Privacy Philippines | What
Is Personal Information?, n.d.).”
â—Ź Data protection
○ “Data protection is the process of defending sensitive data against loss,
tampering, and damage (Gravier, 2023). “
â—Ź Privacy
○ “In its broadest sense, privacy refers to the right of people, groups, or
organizations to decide who can see, use, or access something that belongs
to them, like their bodies, property, ideas, data, or information (Gravier, 2022).”
â—Ź Freedom of information
○ “Freedom of Information (FOI) is a principle that upholds the right of
individuals and the public to access information that is relevant to their
interests .” Safeopedia, W. I. F. O. I.-. D. F. (2017).
22. INTERNET ISSUES AND COMPUTER
MISUSE
â—Ź The effects of the Internet
o “The rise of networked sociability and social movements, as well as
the transformation of communication, all resulted from the Internet. It
also helped to foster the culture of autonomy, in which people
construct their autonomy by defining their particular projects in
interaction with society (Castells, n.d.). “
o In the study conducted by Avila R. (2023), Student Learning Space
create a relaxed environment that facilitates communication and
discussions related to education. They also offer flexibility for
movement, which can enhance student motivation.
â—Ź Internet Service providers
o “An internet service provider (ISP) is a business that offers access to
the internet to both personal and business customers. ISPs enable
their customers to browse the internet, shop online, conduct business,
and connect with family and friends—all for a fee. ISPs may also offer
other services, such as email services, domain registration, web
hosting, and browser packages (Twin, 2022).”
o “There are several internet service providers in the Philippines,
including Converge ICT Solutions, One SKY, PLDT, Smart Bro Home
Wifi, Smart, Sun, and Globe.”
â—Ź The law across national boundaries
23. o “The law of internet and computer use varies across different
countries. Cybercrime provides rules for internet and computer use,
including rules of conduct, evidence, and criminal procedure. They
also aim to reduce the risk and harm associated with technology use
(Katharina.kiener-Manu, n.d.).”
24. â—Ź Defamation
o “Defamation or online misinformation can occur through the spread of
false or misleading information, either unintentionally
(misinformation) or intentionally (disinformation). Digital
misinformation/disinformation and children. (n.d.).”
â—Ź Spam
o “While the term "spam" is most often associated with email, it can also
be used to describe unwanted, unsolicited mass communications
such as robocalls, spam comments on blogs and social media,
physical junk mail, and more (Edwards, 2021).”
â—Ź E-commerce regulations
o “E-commerce regulations are the laws and rules that control online
transactions and shield consumers from fraud and other types of
abuse that may differ between countries. E-commerce regulations can
help stop fraudulent activities like phishing, identity theft, and credit
card fraud (Varghese, 2022).”
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