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美国college essay:营利机构与非营利机构区别分析(5)

时间:2015-02-04 09:39来源:www.ukassignment.org 编辑:lynn406 点击:
2.4.2就业要求 Employment claim Employees are often the valued human capital to nonprofit organization. This is because beside helpful and contribute to the organization, employees in nonprofit org
 
2.4.2就业要求—— Employment claim
 
Employees are often the valued human capital to nonprofit organization. This is because beside helpful and contribute to the organization, employees in nonprofit organization often have more passion in their work and share common value for achieving organization’s objective. Moreover, the employees work in nonprofit will usually realize on their duties that carry great responsibility to the society. However, nonprofit organization will also need to be especially careful when dealing with the employees because employees will also be one of the risks that will put the organization in danger position. Similar to the profit organization, the most common employment claims that faced by nonprofit organization are wrong termination, discrimination, wage and hour dispute and sexual harassment.
 
Most of the employees especially nonprofit organizations’ employees are usually being hired at will, in which the employees can choose to leave or being dismissed by the employers at any time for any legal reason (Pakroo, 2011). Besides, the employment contract is often been made under the best interest for both parties. However, the recruitment will eventually lead nonprofit organizations into nightmare when wrongful termination lawsuit comes around. As profit organization, a nonprofit organization is not allow to terminate its employees without propel and legal reasons or else the employees can file a lawsuit against the organization (Pakroo, 2011). Termination due to the reasons of employee’s gender, race, religious and other protected characteristic are strictly prohibited. Other than that, in some termination, the employees will take advantages on the organization to earn up “extra benefit” before leaving the organization. Therefore, it is important for nonprofit organizations to watch out carefully and be detail in arranging the employment contract to prevent this kind of trouble in the future.
 
In Malaysia, federal law has giving the protection to employees in order to protect them for not to being discriminated in their employment based on races, gender, religion, age, citizenship and physical health condition (Pakroo, 2011). Therefore, nonprofit organizations should be very careful in handling its workers in this multi ethic country. This is because a slight misstep may raise sensitive issue among different ethic and cause the organization to be claim for discrimination against the employees. Thus, the matters like hiring, firing, salary payment, job or shift assignment should be provided fairly among the employees based on their ability and the chances of promotions and training opportunity should be given to employees equally with no self-sided feeling.
 
Moreover, wages and hours claim is another fundamental matter to deal with especially for nonprofit organizations where the wages paid to employees are already lower than other sectors. Therefore, the employees will tend to taken care of their well benefits more. In legal aspect, nonprofit organizations are also required to compile to the rule for rewarding their workers. Hence, nonprofit organizations are reminded to be extra cautious in classifying part time and full time workers, paying overtime wages and pay leave of their employees.
 
Last but not least, sexual harassment is another type of employee-related claim that will put the nonprofit organization at risk. According to Pakroo (2011), sexual harassment is undesirable sexual conduct on the job that creates an unapproachable, unfriendly or offensive work environment for one or more employees. “Quid pro quo” which means deals, is one type of sexual harassment where a worker is asked to comply with some sex-based request or face negative consequences like termination, punishment or others. When the worker is scare of the negative consequence to happen, she will force to agree with the deal to safeguard herself from the negative consequences. In some situation, even though there is absence of such demands in the organization, sexual harassment litigation will still be created if the working environment creates an uncomfortable atmosphere to the other gender in which sexual jokes, pictures, allusions, or comments are allowed to continue in the organization. Therefore, as an entity that is responsible to protecting the social welfare, this kind of litigation is especially harmful to a nonprofit organization. This is because the nonprofit organization will fail to convince others about its roles in helping the nation and promoting social well-being if itself does not show the good and appropriate practices internally.
 
2.4.3人身伤害诉讼—— Personal Injury Lawsuit
 
Litigation about personal injury is no common but still potentially occurs in nonprofit organizations. As long as people are employed for work in nonprofit organization or people are around the nonprofit organization, then the organization will incur a risk of personal injury for these people. The injury claim not only cover up the physically injury but also including the financial loss incur, emotional distress or damage to other’s reputation. As far as any of these injuries occur, no matter it is happen intentionally or unintentionally, the nonprofit organization is still liable for the harm caused to other. The organization will need to compensate the people involved in the injury or their family financially. For instance, one of the workers in a nonprofit organization leaves a toolbox at the side on a table and a visitor comes and is hit by the tools which are dropped due to the sudden fallen of toolbox, then the visitors may filed a personal injury lawsuit against the nonprofit organization to recover his medical bills and compensate for his pain and suffering. Other than that, the untrue information reveal by a nonprofit organization unintentionally against someone may also cause the related person to file a lawsuit on the organization for ruining his or her reputation. Therefore, nonprofit organization should be extreme careful in every single things that it deals with in order to prevent the future unproductive obligation that will lead to the consumption of nonprofit organization’s resources.
 
2.4法律限制—— Restriction of Laws
 
In most countries, nonprofit organizations would normally being encouraged and supported by their government. This is because nonprofit organizations have given big contribution in developing the nations. Their roles in promoting social welfare, enhance social stability and lessen social difficulty have built up better living to the people. However, even government has giving support to nonprofit organizations that promote social welfare, some laws and regulations may still be the obstacle for nonprofit in fully achieving their aims.
 
2.4.1 州法——States Law
 
All states are governing by state government through state laws and these state laws are different for each state. Hence, nonprofit organizations have to obey the laws enacted in the state that they incorporated. In some states, the state laws have specifically required nonprofit organizations to show their accountability and transparency through fulfilling the requirements specified in the laws. For instance, nonprofit organizations need to register their organizations by following the conditions and have to conduct annual reporting according to standards. Besides, nonprofit organizations may have to disclose several documents to the public or make the documents available or accessible by the public online as mentioned in state laws to ensure their financial transparency.
 
These requirements specified in state laws make the formation of a nonprofit organization harder. Moreover, nonprofit organizations may suffer for complicated accounting and reporting procedures as they need to inquire more steps and additional efforts in preparing their financial statements. The sophisticated process not only causes higher cost for disclosing their financial result and is time consuming for nonprofit to prepare their accounts. However, nonprofit organizations have to look into other perspective. Even though these strict requirements have caused burden to nonprofit organization, but through these legal requirements the accountability of nonprofit to donors can be improved and more disclosure of information to public can be achieved (Zainon et al., 2011). The transparency of a nonprofit organization may increase public trust and confidence toward the organization and thus improve the receipt of donation in the future. Although most of the state laws have required nonprofit organizations to present themselves in most of the aspects, the state laws do not specifically require the nonprofit organizations to have code of ethic for their organizations which will be the most vital element for a nonprofit organization to ensure their integrity.
 
2.4.2 塞班斯法案2002——Sarbanes Oxley Act 2002
 
Currently, one of the most influential laws that affecting nonprofit organizations is Sarbanes Oxley Act 2002, which strictly require the accountability of public listed organizations. The two influential provisions to nonprofit organizations are a) prohibition against destruction of documents that are tied to a criminal investigation and b) a prohibition of retaliation against whistleblowers. The following are some requirements of this act and are relevant to nonprofit organizations.
 
独立与能干的审计委员会——Independent and Competent Audit Committee 


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