In order to understand the complexes, elements and situations that derive from the relationship between the worker and the employer, I present a brief historical review of the main ways in which human labor has gone through.
Historical Development of Labor Relations.
a) The appropriation work
At first, human beings were grouped into clans or tribes, and their mobility was constant in search of food, climate and many other factors. In this situation, families procured everything they needed, based on appropriating the elements as they found it. In nature.
b ) Agriculture and Grazing.
With the advance of civilization, the appearance of more rudimentary organizations in political society, it is common that peoples become sedentary, that is, that they settle in one place, this way of life links it to agriculture and livestock, to property from land and communal work.
c) Slavery
This tremendous plague of humanity, and which has unfortunately still been preserved in some respects in fact, is born with wars and with the taking of prisoners. Christianity destroys slavery, by establishing the substantial equality of all men.
d ) Servitude
It is a softened form of slavery, although men free, they feel the need to group around a lord who protects them (the feudal lord), and the servant is born, who is linked to the owner of the land and its fruits are parts for him. and part for the feudal lord, if the lands change ownership the dependence of the Feudatario also varies.
e) Crafts
The main characteristic of the craftsman lies in the importance of the skill of the worker that becomes more important than the instruments and machines used for production.
Here there is a familiarity between the worker and the owners of the instruments.
Here a division between capital and labor is born.
f) Mechanism
In the industrial revolution, the modern world of work is born due to the importance that the machine acquires in production, here the difference between capital and labor, between worker and employer, is born.
g) Series Production
It is the second Industrial Revolution, work is done by specialization, and the machine is the technical element, the worker is routine and the worker is dehumanized and a closer dependence on the employer is born, his knowledge is smaller, although he earns more.
h) Computing, Informatics and Electronics
The Invention of the Computer and its programs and the advancement of electronics, drive the media, and everything that needed months, to be done in days or hours, improves the quality and control of production in way not dreamed.
- Philosophy of Work.
Many of the forms of work described cannot be said to have completely disappeared, for example, unfortunately, some servitude subsists, at least in fact, in large areas of work.
It is not enough to perfect a work system that is good, in almost all you can find advantages and disadvantages, the important thing is, in fact, whatever the system or work regime - as long as it is not essentially flawed with elements that make it inhuman or antisocial as slavery - a work philosophy based on its character of essentially human activity presides; that it respects the dignity of man, that he cannot separate himself from this activity to consider the latter as a mere game of productive forces.
- THE COMPANY
- Concept
Company, economic organization, is a productive unit of goods and services, through the combination of work, capital and other resources, performs most of the activities. They are hierarchical organizations, with legal relationships, and whose size depends on endogenous (capital) and exogenous (economies of scale) factors.
The companies are, at least the majority, companies, legal entities, which carry out economic activities thanks to the capital contributions of people outside the company's activity, the shareholders. The company continues to exist even if the shares change owners or they die. A company or company owns a series of assets; When a company is created, a series of public documents must be drafted in which the objective of the company will be defined, what is its company name, its fiscal address, who are the founding partners, what is the volume of initial capital stock, in how many shares or participations the capital stock is divided and what are the statutes of the company, among others.
The activity and legal structure of companies is regulated by commercial law, which establishes accounting requirements, the obligations of managers or administrators and the rights of shareholders.
- Business Forms
2.2.1. Private company
- State company
2.2.3. Social Property Company.
- Cooperative Company The Mercantile Company and the New General Companies Law
Rules Applicable to all Companies.
- Those who form the company agree to provide goods or services for the common exercise of economic activities. Every company must adopt one of the forms provided in the Law. The Corporation is constituted in a single act by the founding partners or successively by offer to third parties. The other types of companies can only be formed simultaneously in a single act. The company is set up with at least two partners, who may be natural or legal persons. The company is set up by deed
- The Corporation
The Public Limited Company can adopt any denomination, but the indication “Public Limited Company” or the initials “SA” must necessarily appear in the case of companies whose activities can only be carried out in accordance with the law by public limited companies, the use of the initials is optional..
The capital in corporations is represented by registered shares and is made up of the contribution of the shareholders, who are not personally liable for corporate debts. The contribution of the services in the corporation is not admitted.
In order for the company to be established, it is necessary for it to have its capital fully subscribed and each subscribed share paid by at least a quarter, the same rule is followed for the agreed capital increase.
Company Bodies: The General Shareholders' Meeting is the supreme body of the company. The shareholders constituted at the General Meeting duly called and with the corresponding quorum, decide by the majority established by this law the matters proper to their powers. All shareholders, including those who are dissidents and those who have not participated in the meeting, are subject to the agreements adopted by the General Meeting.
Administration of the company: The administration of the Company is the responsibility of the Board of Directors and one or more managers, unless the statute provides for the non-existence of a Board of Directors, in this case the administration corresponds to the General Shareholders' Meeting. The statute establishes the number of Directors, when the number is variable the General Meeting establishes the number, in no case the number can be less than three.
Management: The company has one or more managers designated by the Board of Directors, unless the statute reserves that power to the General Meeting.
Public Company Special Forms:
The Closed Company: This company must have no more than 20 shareholders and has no shares registered in the Public Registry of the Stock Market. The name must include the name "Closed Corporation" or the acronym SAC
The Public Limited Company: The Public Limited Company is considered to be open when it meets one or more of the following requirements:
- It has made a primary public offering of shares or obligations convertible into shares. It has more than 750 shareholders. More than 35% of its capital belongs to 175 or more shareholders, without considering in this number those shareholders whose individual shareholding does not reach 2 per 1000 of the capital or exceeds 5% of the capital. It is constituted as such: o, All shareholders with the right to vote unanimously approve the adaptation to said regime. The name must include the indication “Sociedad Anónima Abierta” or the initials “SAA”
- The Collective Society.
In the Collective Society, the partners are jointly and unlimitedly liable for social obligations. Any agreement to the contrary has no effect against third parties.
The collective society carries out its activities under a company name that is integrated with the name of all the partners or some or some of them, adding the expression "Collective Society" or the initials "SC"
The person who, without being a partner, allows his name to appear in the company name, responds as if it were.
- The Limited Partnership
It can be a Simple Limited Partnership and a Limited Partnership for Shares
In simple limited partnerships, the provisions relating to the Collective Society apply, provided they are compatible with the following:
- The articles of incorporation must indicate the amount of capital and how it is divided. Capital shares may not be represented by shares or by any other negotiable instrument. The contributions of limited partners can only consist of assets in kind or money. Unless otherwise agreed, limited partners do not participate in the administration. the participation of the collective partner requires unanimous agreement of the collective partners and absolute majority of limited partners computed by capital. For the limited partnership, the agreement of the absolute majority computed per person of the collective partners and the absolute majority of limited partners computed by capital is necessary.
Limited Partnership: the provisions regarding the corporation apply, provided they are compatible with the following:
- The entirety of its capital is divided into shares, these belong to the general partners or limited partners. The general partners exercise the social administration and are subject to the obligations and responsibilities of the directors of public limited companies. The limited partners who assume the administration they acquire the quality of collective partner from the acceptance of the appointment. The responsibility of the collective partners is unlimited.
- The Limited Liability Business Company.
In the Commercial Limited Liability Company, the capital is divided into equal, accumulative and indivisible shares, which cannot be incorporated into securities or be called shares.
Members cannot exceed 20 and do not respond personally for social obligations.
The Commercial Company with Limited Liability has a name, and may also use an abbreviated name, to which in any case it must add to the indication "Commercial Company with Limited Liability" or its abbreviation SRL
The share capital is made up of the contributions of the partners. When the company is incorporated, the capital must be paid in not less than 25% of each participation, and deposited in a bank or financial entity of the national financial system in the name of the company.
- Civil Societies.
Civil Society is constituted for a common purpose of an economic nature that is carried out through the personal exercise of a profession, trade, expertise, practice or other type of personal activities by any, some or all of the partners.
Civil Society can be ordinary or limited liability. In the first, the partners respond personally and in a subsidiary way, with the benefit of an excuse, for the social obligations and they do so, unless otherwise agreed, in proportion to their contributions. In the second, whose partners cannot exceed 30, they do not personally answer for social debts.
Ordinary civil society and Limited Liability civil society carry out their activities under a company name that is integrated with the name of one or more of the partners and with the indication “Civil Society” or its abbreviated expression “Civil”, or, “ Sociedad Civil de Responsabilidad Limitada ”or its abbreviated expression“ S. Civil of RL "
The capital of Civil Society must be fully paid at the time of the signing of the articles of incorporation.
The General Meeting of Partners is the supreme body of the company, the administration is entrusted to one or several partners.
- Irregular Societies.
The company that has not been created and registered in accordance with the New General Companies Law or the factual situation that results from two or more people acting manifestly in society without having constituted and registered it, is irregular. In any case, a company acquires the status of irregular:
- 60 days after the founding partners have signed the articles of incorporation without having requested the granting of the public deed of constitution. 30 days have passed since the assembly appointed the signatory or signatories to grant to grant the public deed without their requesting its Granting. More than 30 days have passed since the public deed of incorporation was granted, without requesting its inscription in the registry. 30 days after the denial of the inscription formulated in the Registry, when it has been transformed without observing the provisions of the New General Companies Law. When it continues to operate despite having incurred the grounds for dissolution provided for in the Law, the articles of incorporation or the statute.
- Associative Contracts.
An Associative Contract is one that creates and regulates participation and integration relationships in specific businesses or companies, in the common interest of the parties. The Associative Contract does not generate a legal entity, must be in writing and is not subject to registration in the Registry.
2.4. The Limited Liability Individual Company. (EIRL)
The EIRL is a Company that is constituted with the sole will of a person, which contributes money and / or assets to form the share capital and then via minute and social deed become a Legal Person.
From this moment, it acts in a common and current way as a legal person for which it must manage its RUC, and other documents that distinguish it as a different person from the owner or owner.
The Manager may be the owner, in this case he adopts the name of "MANAGER HOLDER", or he may be a person designated by the owner, in this case he is called "General Manager".
You must create a Legal Reserve when you obtain liquid benefits in the financial year, greater than 7% of the capital amount, so you must deduct at least 10% of those benefits, until you reach the 5th part of the capital, this fund is only it will be used to cover the debit balance of the income statement in the same balance in which that debit balance appears and must be replaced when it falls below the indicated level.
Companies can be transformed into EIRL and also EIRL can be transformed into an SRLtda.
2.5. Promotion and Formalization of Micro and Small Enterprises (MYPE)
On 07/03/03 the Law for the Promotion and Formalization of Micro and Small Enterprises (MYPE) Law No. 28015 was promulgated, because the Government understands that the promotion of Small and Micro Enterprises is vital in an economy like the Peruvian one, because they are the saviors of the family economy, and of the development of creativity and self-training, while they are the first generators of employment and self-employment.
Who are considered Micro and Small Businesses
The Micro and Small Company (MYPE) is the economic unit constituted by a natural or legal person, under any form of organization or Business management contemplated in the current legislation, which aims to develop activities of extraction, transformation, production, commercialization of goods or provision of services, to be considered as MYPE, the following requirements must be met:
| MICRO COMPANY | SMALL COMPANY | |
| N ° OF WORKERS | ONE (1) HASTADIEZ (10) WORKERS | FROM (01) TO FIFTY (50) WORKERS |
| ANNUAL SALES LEVELS | UP TO THE MAXIMUM AMOUNT OF 150 ITU | FROM 150 ITU TO THE MAXIMUM AMOUNT OF 850 ITU |
STATE PURCHASES AND MYPES
Article 20 of Law 28015, provides that MYPES can associate (Form Consortia) to have greater access to the private and state market, having for this promotions, and must have preference from the state for the procurement of goods and services. The State must separate 40% of its purchases to be attended by MYPES.
COSTS IN ADMINISTRATIVE PROCEDURES
The Law seeks to formalize the MYPES and in its Article 63 it encourages the formalization, through the simplification of the various administrative procedures for registration, supervision and subsequent verification.
The Law reinforces that indicated in Article 1, Subsection 4 of Law 26965 (06/17/98) in the sense that the MYPES that are constituted as Legal entities do so by means of a Public deed, without requiring the presentation of the Minute (Article 36 °).
Similarly, it is exempt from 70% of the payment rights provided for in the TUPA (Single Text of Administrative Procedures) of the Ministry of Labor and Employment Promotion; in other words, it only pays 30% for the administrative procedures and procedures that they carry out before the administrative labor authority.
OPERATING LICENSE
The Municipalities within a period of no more than 7 business days, grant in a single act the provisional operating license, subject to the corresponding bonus and compatibility of use.
By application of the positive Administrative silence, expired within 7 business days, without the Municipality ruling on the application for the MYPE license, it will be understood as granted the provisional operating license, which will be valid for 12 months, counted from the filing date of the application.
Only the MYPES that are dedicated to gambling, bars and clubs started their activities once the Definitive operating license was obtained.
Definitive Operating License
After 12 months, the Municipality that has not detected any irregularity or that, having detected it, has been corrected, issues the definitive Municipal Operation license, for which it will not be able to charge fees for the renewal, inspection or control and updating of data.
Changes of use will pay their taxes in accordance with the Municipal Tax Law (D.Leg. 776 of 12/31/93).
Special Labor Regime
Only to Micro companies, they have a special labor regime, of a temporary nature of 5 years from the validity of Law 28015, as long as they remain as Micro companies.
a) Surcharge in Night Workshops
They are not obliged to apply the 35% surcharge imposed by the General Labor Regime.
b) Holiday reduction
If the worker meets his record of attendance according to D.Leg. 713 (11/8/91) they will be entitled to at least 15 calendar days of rest for each full year of services.
c) Compensation for Arbitrary Dismissal
The Law reduces the compensation for unjustified dismissal to 15 daily wages for each full year of services with a maximum of 180 daily wages, with the fractions being paid by twelfths.
To activate this cause, the term is 30 days after the dismissal occurs.
The Unipersonal Companies.
Sole proprietorships are those that are created by express mandate of its owner who is a natural person and who does so without associating himself with another person, placing his assets or money for his company or business, but complying with registering with SUNAT, the Municipality Provincial and Labor authority.
According to its Capital, its income and its number of workers, it can voluntarily register as MYPE, and likewise for these reasons, SUNAT, after evaluation, grants it a category for tax purposes.
- Practical Case for the Constitution of a Company.
3.1. The Minute and The Statute.
3.2. Public Deed.
- Registration in the Public Registers.
3.4. Registration at SUNAT - Other Procedures.
3.5. Cta Cte in Financial entity.
3.6. Complementary Procedures.
- Current Challenge of Business Management.
This conference aims to give you useful and practical ideas to improve BUSINESS MANAGEMENT, or to constitute it with full knowledge of the basic tools that allow you to have the best of success. For this reason I am referring to something fundamental to allow you to venture into an updated and different management that gives you the necessary advantage over the competition.
Faced with the challenge that is presented to us every day, we should not think that we should only overcome the day, if not, that we should make efforts to guide our business mentality towards the future.
It is necessary to think of our company as the one that should provide food and security to our children, to their grandchildren, when we will probably have to step aside
The company must be managed so that it generates wealth in the future, believe it, this is the real challenge of MODERN BUSINESS MANAGEMENT, and all the advances, technology and personnel training come together in trying to solve the problems that arise to meet this objective.
The joy of an entrepreneur, of a merchant, of a manager is born when he sells a product or service, a client wins and he makes a profit, this joy increases when the client returns, and he tells him about the benefits of his product or service and make commercial deals again.
IDEAS TO IMPROVE BUSINESS MANAGEMENT
- Achieve a Successful Company:
To achieve a successful company. The main being of the company, that is, the worker, must be a winner, the company must be an incubator of champions, of winners. I ask? Some of you want to succeed, if you don't want to, you have come to the wrong talk.
The most important thing is to know where we are going, what you want to achieve in life, the one who has no wishes is dead or is a victim of circumstances, with the woman I marry, with the body I have,… we should always have an always An objective.
Be ambitious to achieve your goals. Don't wait for some miracle to happen for your business to succeed.
In the company we must put everyone in the subconscious mind to be successful, to do all things well, to stop being mediocre, because the incubator for criminals is mediocrity, because with his effort he cannot achieve something he steals it, and destroys ……: we must attack mediocrity, ceasing to be mediocre.
The nuclear part of a company is us human beings. Don't forget that you are the only one responsible for everything you do in life
- Achieve a fast Company to change.
Every year the world economic forum is held in Switzerland, here the best thinkers in the world meet.
Here it has been said that the world is going to divide into two companies that are quick to change and slow to change; we must immerse ourselves in the world of excellence, we must always be thinking about change, the companies that will take advantage of the market offers are the prepared companies, the ones that are quick for change, for change, which company will succeed in this competitive world? It will be the one that learns the fastest, the one that changes the fastest.
- Discover the most important being in life.
The human being is the excellence of excellence, the most important being in life is us, we are the most sublime wonder of human creation.
We can't figure out the price for ourselves.
We do not understand that we are endowed with successful hardware, we are so perfect that current science has not even been able to manufacture a part of us, no tool can do what a hand does. If we want a transplant it will cost us an “eye of the face”
If you lose assets, money, in the end you have lost, nothing, because you can hear, you can see, you can walk, you have only lost money.
So appreciate yourself more every day, live life passionately, carry out your activities with passion, do not let the routine catch you, each day must be different, seek happiness, to be happy, it requires only one thing, even more you I am going to give the secret to be happy, to be happy, BE HAPPY !. Forget about all the problems, turn the problems into challenges and solve them; Live like a child, and turn your daily activity into the pleasure of living.
Take away the routine of life, because there are old and young that even make sexual life routine.
Do not leave happiness for another day, do not condition your happiness, do not say I will be happy when I buy a car, when I have a house, when I get married.
I challenge you to live passionately, now go home and passionately embrace your children, your parents, your grandfather, Do not forget that you are the most important being in life, flee from failure and always seek success.
- Become a winner
The formula to become a winner is to use:
(a) 5% TALENT
In life you must dedicate yourself exactly to developing your talent, dedicate yourself to doing what you know how to do best, what you like. In the same way, discover the talent of your son from his brothers, from his workers.
Don't forget that the secret to never working is to develop your talent
(b) 5% good luck
1 ° Go out to look for good luck. If something goes well it is because I looked for it.
2 ° You have to be prepared, the opportunities are seized by the prepared minds to learn
(c) 90% Strategy, these factors must be taken into account:
- Turn obstacles into challenges, the challenge of being a mother. You have to be interested, you have to always seek success. Thanks to the friends I am growing, if you value your reputation choose your friends well The Company, your company must be a winner, you have a future project, or you must become a winning company. Looking for a boss, it is necessary to use the experience of those who have succeeded, the most capable as a trainer, capable people must be developing new talents, the great importance of putting the best in the world of training, I ask you who you want Whether it is your or your children's teacher, of course the most capable, training is essential. Use time well; 50% to solve problems and the other 50% to invent problems. Audacity, if you have a 1% chance of winning, play, you must not be negative, you must be bold, you must see through the fog, optimistic people are required I prefer to repent for what I did and not for what I did not do. The Self- Motivation Couple , not becoming a circumstantial victim. Being Expressive Turn your dreams into reality
The secret of always being young is not to stop dreaming, through dreams great achievements can be forged, the result of triumphs is the realization of dreams
- Practice Ethics:
Ethics is the essential way, do things well, the truth seeks good and ethics seeks the good of being, we have to find an ethical nation, the moral part of a nation IS ETHICS.
- REINVEST YOUR COMPANY
It is important to keep in mind that profit must be reinvested, if you want to grow, to expand the company's production capacity or improve the company, making it more competitive. Think that tomorrow you will sell twice as much and you will have a greater profit, and if you technify your company you will have a greater profit margin per product sold.
This must happen in all companies and only part of the profit must be spent and most of it must be reinvested; all of us forming a chain will have a prosperous company with greater purchasing power and the market will evolve and we must be sure that the circle will be closed and prosperity will reach us all.
- LEARN TO FORGIVE
They want to see the unconditional expression of forgiveness and that it is a poetry of expression, it is the love of a mother for her child, learn to walk liberated, you will see how your talent increases, your productive capacity, it is the way to learn to love, the greatness of the heart, leave your grudges your revenge of wanting to see on your knees who offended you, forgiven you will find peace, repeat yourself, today I am ready to forgive.
- NEVER SUCCESSFUL SICK
You become proud, it feels handmade, people who have already lost their greatness, this is when you lose your followers, and only out of fear they will obey you, one way to exercise humility, one way to grow from the leader is to have gratitude for life, gratitude to everyone, to your workers, today thank all those around you, because you learn something from them, today I will catch you doing things well, you ask them too, thank you for something, gratitude they do not know how important it is:
Gratitude
Learn to thank, always give thanks
Thanks to the creation for creating me
Thank you, Master, by showing me the way to achieve my full realization.
Thank you, friend, for giving me the opportunity to listen to me.
Thanks to you woman for what month you have accompanied me in the problems of my life
Thank you my son for giving me the opportunity to express to you the most beautiful part of my being, generosity and to express forgiveness.
Thank you God for being my father for which month you have taught love and to forgive and forget who has offended me and to offer my life to be able to collaborate with your creation
Thank you mother for being your son
Thanks son for loving you
Thank you for being a better world.
Thank you for listening to me
Thank you for coming this afternoon, for being here.
Thanks to the directors of this institution for having invited me
- INVEST IN SOCIAL GOOD
Do not deny the opportunity to your peers, keep in mind that they look for a support in your feelings, that will take them out of the abandonment and that from the deepest part of their hearts they only ask you to give them an opportunity, to develop the talent they have stored and that because of ourselves they live a postponed life, do not forget that they are also children of God, do not kill them for them if they are children they have not asked to come in these conditions to this world.
If you do not have money, invest your time, your advice, if you are a medical priest, if you are a teacher, if you are a bricklayer, build, if you are an artist, make your life happy.
BUSINESS MANAGEMENT
Contributed by: CPC JUAN MANUEL GOMEZ CASTILLO - [email protected]
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