辞职信可任意撤回吗

我所在的企业转制后改为股份制公司,公司规定在销售部门实行内部承包责任制。去年,我们分别与公司签订为期3年的承包责任合同。未料履行不到一年,本人与公司就承包责任合同履行问题发生争议。双方经多次协商,未能达成解决的方法。请问,因履行内部承包责任合同的争议,能否向劳动争议仲裁委员会申请仲裁?——文劳动部《关于履行企业内部承包责     

从英汉商务合同的对比看英文国际商务合同的文体特征

随着我国经济的发展,国际商务合同在经贸活动中起着越来越重要的作用。与汉语的商务合同相比,英语的国际商务合同在用词及行文方面具有明显的文体特征。只有熟悉这些文体特征才能很好地完成合同的签订,准确地表达交易双方的意思。     

电子商务的电子合同及其法律思考

随着数字化技术的高速发展,在全球范围内出现了新的交易形式--电子商务.随之而来许多新问题需要解决和完善,特别是涉及到具体运用和实施过程的电子合同及其法律问题.法律问题是电子商务交易的核心问题,对电子商务中电子合同的签订、电子商务交易中电子合同存在的问题以及电子合同法律问题的解决等进行了论述和探讨.     

企业合同管理中的法律风险及控制

合同的签订与履行是企业取得经济效益的主要途径。来自于合同管理过程中的法律风险既包括合同本身产生的法律风险,也包括外部因素引起的法律风险。防范合同管理过程中可能出现的法律风险,对企业发展具有十分重要的意义。     

合同转让与仲裁条款的转移

我国<仲裁法>对合同转让时仲裁条款的转移未作规定,而在实践中签订有仲裁条款的合同转让给第三人的现象很常见.本文根据中国相关法律规定及仲裁实践,认为订有仲裁条款的合同转让时,仲裁条款应随合同转让而转移.     

'93我国技术引进主要情况通报

<正> 一九九三年经审批的技术引进合同493项,合同总金额61.1亿美元。其中经外经贸部审批的技术引进合同有320项,合同金额为56.43亿美元;地方经贸厅(委)审批的技术引进合同有173项,合同金额为4.67亿美元。与九二年相比较,合同数量减少2.1％(九二年为504项),合同金额减少7.28％(九二年为65.9亿美元)。技术引进合同比上年减少的主要原因一是没有签订类似九二年签订的干线飞机合作生产合同、四川二滩电站成套设备合同等特大型项目合同;二是国内外汇市场的汇率变化也使企业的技术引进受到了一定     

论破产程序中仲裁纠纷管辖权

合同当事人常约定经济、方便的仲裁代替繁杂的诉讼来解决未来可能发生的纠纷.但在一方当事人被法院裁定受理破产后,破产债务人在正常经营状态时与他人签订的仲裁协议在破产程序中是否还有排斥法院管辖的效力,我国新破产法并未对此作出规定,笔者实践中亦遇到此类问题,本文仅就破产程序中破产债务人涉仲裁时的法律适用展开讨论.     

论工程项目管理中的合同与法律

随着社会经济的发展,工程项目管理在企业整体的战略规划管理中的地位越来越重要,而合同管理在工程项目管理中的地位与作用也广泛地被管理人员所重视,因此,工程项目管理在某种程度上可以说是合同的管理,而合同的签订、履行与法律是密不可分的,本文就对工程项目管理中的合同与法律进行论述。     

论两岸商事行为中的诚信体系现状及仲裁法律制度保障

据商务部数据显示,近年,台湾与大陆经贸依存度日增,两岸经贸互助关系对台湾、大陆未来经济动向有均有着重要影响,台资企业到大陆建厂,大陆企业向台湾投资是挡不住的趋势。大陆和台湾、港澳之间经济交往的发展,已显现出经济融合、一体化的趋势。然而,近年来在商事领域中,商业欺诈、制假售假、虚报冒领等现象屡见不鲜,双方合作商事诚信缺失问题已成为推进两岸商事持续稳定发展的重点之一。这一问题必然导致海峡两岸当事人之间商事纠纷的不断发生,因而寻求正确途径、采取正确手段以解决这些纠纷,已成为海峡两岸法学学术界和商界共同关注与重视的问题。本文旨在通过对两岸仲裁制度的探讨与比较,为两岸今后商事活动中诚信体系的构建找到相应途径。     

浅谈企业合同签订过程中的风险管理

企业在从事生产、经营、管理时,离不开合同的存在,而进行各种贸易活动或其他活动时形成的法律关系,多通过合同案采表现出来。本文通过多年实践经验和查阅相关文献资料的方式,针对企业在合同签订过程申如何建立健全风险管理体系,如何进行风险管理措施等提出一些个人建议和观点,希望能够与广大专业学者进行学习交流,为我国外贸企业的风险管理献计献策。     

Is Arbitration Habit Forming? The Narcotic Effect of Arbitration Use

This paper explores the existence of structural state dependence in arbitration use where it is legally mandated to resolve labor–management bargaining disputes. Previous studies have found both positive state dependence (the narcotic effect) and negative state dependence. This paper reports a negative state dependence for the Minnesota public sector during the period 1973 to 1980. A weak positive trend in arbitration probabilities and a positive relationship between current arbitration probabilities and the proportion of bargainers engaging in arbitration during the same calendar year are also found. An analysis of the dynamic implications of these findings does not support fears that compulsory arbitration schemes are unstable or lead to arbitration as the dominant settlement mode.     

Business and Management Impact Assessment in Research Excellence Framework 2014: Analysis and Reflection

The evaluation of research impact is likely to remain an important element of research quality audits in the UK for the foreseeable future. With this paper, we contribute to debates on impact and relevance of business and management studies research through an analysis of Research Excellence Framework 2014 impact scores within the business and management unit of assessment. We offer insights into the organizational contexts of UK business schools within which impact is produced, drawing attention to the issues of linkages with research intensity, grant income generation, research team size, career stage and gender of academics, and whether impact activity is focused on private or public sector organizations and national or international reach. We put forward recommendations for managers responsible for business schools and higher education policymakers regarding management and organizational policies and processes, as well as possible changes to the rules guiding future research excellence audits.     

The Social Responsibility of Managers: Reassessing and Integrating Diverse Perspectives

The social responsibility of business has been a prominent issue in the academic and practitioner literatures, as well as in the curricula of business schools, for many years. While Friedman's iconic defense of profit maximization as the responsibility of management has been widely and extensively assailed, emerging positions on the role of business in society offer little clear and practical guidance to current managers, as well as Masters of Business Administration students. I argue in this article that the focus of the debate should shift to considering how the rules of the game surrounding business' behavior should be formulated and what the role of socially responsible managers should be in helping to establish those rules. My contention is that the goal of society should be to strengthen the linkage between the achievement of social objectives and profit maximization by business through “bright line” regulations and laws. Socially responsible managers will participate in setting the rules of the game by advising policymakers on how specific regulations and laws can be structured so that they most effectively condition the linkage between social objectives and profit maximization. If there is a unique social responsibility of managers beyond profit maximization, it is to participate in the policymaking process “honestly,” that is, without attempting to game the system through guile and opportunism.     

International business taxation and the business cash flow tax

Investments and business profits are internationally mobile. Countries respond by tackling international profit shifting. As a result, the international allocation of taxable profits becomes an increasingly complex and costly issue. Reform proposals either address the Organisation of Economic Co-operation and Development approach to international profit allocation or target tax bases that are less mobile than profits. This paper investigates cash flow as a tax base. A business cash flow tax abolishes current accrual accounting and has the potential to block international profit shifting. Financing vanishes to become a tax-planning tool because the investments’ market return is tax free under a cash flow tax. Profit shifting via intra-group transactions is eliminated if the business cash flow tax is based on the country of destination principle. However, a destination-based business cash flow tax might distort the investment decisions of international groups.     

Codes of Ethics: What Are They Really and What Should They Be?

Codes of ethics are prevalent in major corporations around the world. They are seen as the first tangible commitment to being ethical. This paper examines codes of ethics and tries to establish what they are, how they are developed and their net utility. We then proffer the idea of codes as the first part of a five-stage process that leads to an overall corporate commitment to being ethical in one's business dealings.     

Business incubators as international knowledge intermediaries: Exploring their role in the internationalization of start-ups from an emerging market

This paper investigates how business incubators facilitate the international growth of start-up clients originating from emerging markets. Drawing key insights from a network perspective, we explore the processes by which business incubators create international linkages between the networks of knowledge creation and knowledge application. Our analysis of interviews and archival data on five Chinese high-tech business incubators reveals that clients-interface, market-interface, and knowledge recombination practices of the business incubators create international knowledge linkages, which in turn facilitate the international growth of their start-up clients. This role of incubators as knowledge intermediaries is achieved through several networking and learning mechanisms, including clustering and coaching of international clients, upstream and downstream networking in international markets, and client-market matchmaking internally. This study demonstrates business incubators as an efficient modality of internationalization for locally bound international knowledge and network scarce start-up clients.     

Heuristics in international business: A systematic literature review and directions for future research

This paper aims at depicting the status of research on heuristics in the international business domain to understand the main topic areas in which heuristics are addressed and delve into the types of heuristics used by managers and entrepreneurs when dealing with international business activities. These are characterized by a high degree of uncertainty, drawing attention on the adoption of heuristics for decision-making. To this aim, the paper systematically reviews studies published in top-ranked international business journals between 1997 and 2018. The systematic literature review shows that the main research areas in which heuristics are developed concern foreign market entry, post-entry international expansion, foreign market selection, and international entrepreneurship. The paper also discusses the type of heuristics that are utilized by decision-makers when dealing with the uncertainty related to the internationalization process. The results of this study show that the international business literature develops the concept of heuristics in very various ways, tending to develop a plurality of approaches, without recurring or dominant forms. It is, however, possible to identify the types of heuristics and heuristically-based decisions, and a significant subset of the analyzed studies show a positive view on their effectiveness in the uncertainty of internationalization processes.     

International business thought: A 50-year footprint

As international business marks 50 years of its establishment as a distinct domain of academic research, discussions on both the major contributions of the field and its future research directions have drawn great interest in the current literature. The arrival at a clear consensus on these issues, however, has been set back by the lack of resolution in the search for a unifying, integrative framework of international business. Drawing on theories of knowledge organisation and on extant reviews of international business research, this paper proposes an emergent international business research framework anchored around four unifying themes expressed as broad international business research questions. A content analysis of 1689 studies in the Journal of International Business Studies (JIBS) from its maiden issue in 1970 to 2008 and studies classified as international business in nature done prior to 1960 confirms the trajectories of international business research along the four themes. It is suggested that these major research themes serve as the main research pillars that define the international business domain, framing research done so far, and driving future research in the field. Areas of research intensity and opportunity are identified along with implications for international business research and theory-building.     

Building global dynamic capabilities through innovation: A case study of Taiwan's cultural organizations

This case study analyzes global dynamic capabilities, firm specific advantages (FSAs), and the international expansion of cultural enterprises in Taiwan from the viewpoint of sustainable development. From our exploratory study, we identify six global dynamic capabilities as the driving forces behind the creation of new cultural products that revitalize a company through continuous innovation. Each global dynamic capability actually leverages the company's resources. The case study results show that technology-based FSAs help cultural organizations globalize their business and create value. There are two global expansion paths that cultural organizations can take to increase value which are discussed in our paper.     

International adjustment of Brazilian expatriates in the United States of America

The adjustment of expatriates to host countries has been identified as a determinant of their success in international assignments. The literature on expatriates is largely based on cases of expatriates from developed economies; however, given the current global market scenario, companies from developing countries are also assigning expatriates to international assignments. The purpose of this study was to understand the international adjustment of Brazilian expatriates working for Brazilian multinational subsidiaries in the United States of America (USA). The study used an exploratory approach of in-depth interviews with open-ended questions conducted with 11 Brazilian expatriates working for 11 different Brazilian multinationals in the USA. The contributions of this study are twofold: (1) exploration of the adjustment perspectives of expatriates of Brazilian multinational companies, and (2) exploration of the effects of variables from the USA context, as host country, on the international adjustment of expatriates. Findings show that Brazilian expatriates perceived that rules and laws of the USA had a great effect on their international adjustment, while cross-cultural differences influenced leadership styles and interpersonal relationship.