Managerial Issue

The real estate sector brings a fortune to the global economy. But, presently, this
sector is regressive and uses traditional methods and approaches. Therefore, it needs
a technological transformation and innovation in line with the Industry 4.0 requirements
to transform into smart real estate. However, it faces the barriers of disruptive
digital technology (DDT) adoption and innovation that need effective management to
enable such transformation. These barriers present managerial challenges that affect
DDT adoption and innovation in smart real estate. The current study assesses these
DDTs adoption and innovation barriers facing the Australian real estate sector from a
managerial perspective. Based on a comprehensive review of 72 systematically retrieved
and shortlisted articles, we identify 21 key barriers to digitalisation and innovation. The
barriers are grouped into the technology-organisation-external environment (TOE) categories
using a Fault tree. Data is collected from 102 real estate and property managers
to rate and rank the identified barriers. The results show that most of the respondents
are aware of the DDTs and reported AI (22.5% of respondents), big data (12.75%) and VR
(12.75%) as the most critical technologies not adopted so far due to costs, organisation
policies, awareness, reluctance, user demand, tech integration, government support
and funding. Overall, the highest barrier (risk) scores are observed for high costs of
software and hardware (T1), high complexity of the selected technology dissemination system
(T2) and lack of government incentives, R&D support, policies, regulations and standards
(E1). Among the TOE categories, as evident from the fault tree analysis, the highest
percentage of failure to adopt the DDT is attributed to E1 in the environmental group.
For the technological group, the highest failure reason is attributed to T2. And for the
organisational group, the barrier with the highest failure chances for DDT adoption is
the lack of organisational willingness to invest in digital marketing (O4). These barriers
must be addressed to pave the way for DDT adoption and innovation in the Australian
real estate sector and move towards smart real estate.

The expansive research on innovation in organizations has primarily followed a technological imperative, postulating that organizations organize their innovation efforts through research and development (R&D) activities. Theories of innovation are thus shaped mosdy from the studies of technology-based innovations in the manufacturing sector, yet are applied in all contexts. This article advocates research on managerial innovations - new approaches to devise strategy and structure of tasks and units, modify the organization's management processes and administrative systems, motivate and reward organizational members, and enable organizational adaptation and change. We examine the conceptual development, generation and adoption processes, antecedents, and influences of managerial innovation on organizational conduct. By increasing an understanding of managerial innovation, this article aims to complement existing theories of innovation derived from the studies of technological inn...

This study examines the impact of emotional intelligence in leaders (managers) of the Bayelsa state civil service and its ability to encourage workforce motivation and effectiveness. A probability sampling technique was used to issue out questionnaires to 60 managers randomly chosen from the Ministries of Justice, Information and Orientation, Works and Infrastructure, Health, Education, Science and Technology, Agriculture, and Environment. 33% of the respondents where female while the other 67% male. Four top management executives were also interviewed. The data from the questionnaires were analysed using the Likert scale of intervals. The results indicated that only 14% of the selected sample population knew about the concept of emotional intelligence. This relatively low awareness of the concept is responsible for the low levels of staff motivation and productivity in the state civil service. The findings also showed that the application of emotional intelligence positively translates to improved product / service delivery while managers who have a high emotional intelligence enjoy a more committed and effective workforce. In conclusion a recommendation was made to the Bayelsa State Government to pass into law a policy to train and retrain managers of the service. Personal efforts should be made by managers to build these emotional competences.

SMEs (Small to Medium Enterprise) are gradually experiencing different level of economic development and most institutions requires strategic leaders to makeup the top management teams. The top management team of any institution consist of important administrators and or executives with specific responsibilities for the development and implementation of organizational plans.
In Ghana and the world at large, the structure and anatomy of top management team is very critical in the decision making process and management of an organization. For instance, in all the industries in Ghana, especially for banking, agriculture, manufacturing, commerce, construction, energy, computer and the education industry among other industries have to present the anatomy or structures of the organization’s top management team to the Ghana Registrar General Department as part of its process of granting renewable permit for any organization to secure a certificate of incorporation and to commerce business operations. This shows how important the composition of top management team is to an organization.

Information technology is the most innovative and fastest-growing industry in the world. In this context, this paper aims to discover the mediating role of innovation capability on the dimensions of strategic orientations and its outcomes in the performance of information technology firms in India. Moreover, it also explains the relevance of adopting innovative endeavours by high-tech information technology firms. The data is collected through the questionnaire. The study finds that innovation capability plays a predominant role in enhancing entrepreneurial and technological orientation behaviours to lead efficacious performance firms. In contrast, marketing orientation does not augment its long-term growth even in the presence of intervening variables of innovation capability in information technology. The outcome of this study helps in fostering a culture for innovation while considering the dynamics of the interactions in the dimensions of a firm’s strategic orientation behaviours for realizing superiority in its performance for success.

1.0 Abstract The concept 'Entrepreneur' is not a new concept, but 'Entrepreneur Leadership' in itself is a concept that is not clearly identified by organisations or leaders in Nigeria. This leadership style is a phenomenon that if applied correctly and within the sphere of the right organisational environment can improve organisational performance. This research will look at the application of entrepreneurial leadership within the Nigerian banks and if adopted how it will affect employee productivity. All existing 24 Nigerian banks will be studied within the federal capital territory (FCT). A branch of each bank will be selected randomly, in which an interview was carried out and questionnaires were distributed to each branch manager. From the research made the study proposes that most of the branch managers' apply entrepreneurial leadership style, even though a large percentage of the branch managers do not understand or have little comprehension of the concept. It was also determined that the application of entrepreneurial leadership style has also helped towards improving the employee productivity of these various branches. Finally the Nigerian banks need to lay more emphasis on extensive leadership training and make efforts to inculcate entrepreneurial leadership style into the organisational culture.

Learn the role of a mentor, coach and manager in team engagement and employee loyalty.

Successful career management by employees means accountability and getting formal and informal feedback, Talented human capital will be the prime ingredient of business success in the future. Organizational culture that values mentorship and coaching and includes constructive and timely feedback.

The present work's major objective consists in examining the impact of managerial shareholding on corporate diversification decision. For this sake a theoretical framework based on the corporate governance contractual approach, has been advanced highlighting the idea that the executive detaining a certain capital share proportion enjoys a diversification oriented strategic decision. The reached results, conducted on a sample of 111 Tunisian commercial companies and service-providing firms, appear to reveal the persistence of an insignificant impact of the executives' shareholding on diversification decision.

Sinemanın eğitim temasını ele alması, eğitim kurumlarının da sinemayı kullanması sıradan bir durum değil amaçlı bir bütünlüktür. Güçlü devletler, sinemanın ortaya çıkışından bu yana bu bütünlüğü sağlamaya çalışmış dahası sinemanın değerini ve etki alanını genişleterek önemli bir endüstri haline dönüştürmüşlerdir. Eğitim sistemlerinin örgütsel ve yönetsel sorunlarının sinemaya konu olması ise bu endüstri içerisinde öğretmenlerden yöneticilere, okuldan toplumun birçok katmanına muhtelif meselelerin gündeme alınmasına ve çözüm olgularına yönelik motivasyonun güçlendirilmesine katkı sağlamıştır. Bu çalışma ile eğitim sistemlerinin örgütsel ve yönetsel sorunlarını işleyen eğitim temalı 40 film incelenerek, işlevsellikleri değerlendirilmiştir.
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To address an issue of cinema’s educational theme and using of cinema for educational institutions is a purposeful whole, is not ordinary case. Powerful states tried to maintain the whole in addition worked up into an important industry expanding cinema’s the value and sphere of influence since the dawn of cinema. As well as subject to cinema of organizational and managerial problems of education systems within this industry contributed to take on the agenda of various issues from teachers to manager, from school to society layers and to encourage of motivation for solution cases. With this work, based on education 40 films which has been issued organizational and managerial problems of education systems has evaluated examined the functionality.

The problem for developing creativity in the science, education and business, especially on the working place is result from the modern social and cultural situation (Kamenova& Dencheva, 2016). The situation nowadays is characterized by the fast change of the traditional means of acquiring knowledge and by the transformation of the society. The new paradigm is characterized with human related approach. The main focus of this new approach is to develop creativity in people and manage effectively creative people (Dencheva&Kamenova, 2016). Nowadays in the business, more than ever is important to look for the social creativity of the personality at all levels. In the last decade, the need of creative people is wanted more than ever. In this regard, the goal of the paper is to present essence and characteristics of creativity, its importance for managers. In the first part of the paper is presented what is creativity and how it can help managers in the effective management of their staff and companies. Creativity will be viewed as one of the most important skills needed by managers.
The focus of the paper is not only to present and discuss the theoretical concept of creativity but most of all how it can be applied by managers

Today, Employee participation and involvement in management is the most crucial element for organisations. Employee participation in management is of immense value in an organization. It creates a sense of belongingness among the employees and makes them more responsible in their outlook and behavior in the organisation. It reduces industrial unrest and promotes industrial peace. It helps in maintaining harmonious relations between the workers and the management. Employee involvement affects various factors related to employee and organisation. This paper deliberates on the managerial approach towards employee participation in management. This is a descriptive study computed using the data collected from the managers using the structured questionnaire. The outcome of the paper emphasizes that employee participation and involvement in management affects the productivity job-satisfaction and helps in attaining self-realisation for employees and reducing attrition peace for organisations.

Keywords: Employee Participation, Managerial Approach, Business Management, Strategic Management, Human Resource Management

Citation:
Zaware, N., Pawar, A., Kale, S., Fauzi, T., Loupias, H (2020). Deliberating the Managerial Approach towards Employee Participation in Management. International Journal of Control and Automation, 13(1): 437-457.

PENTINGNYA PERAN MANAJER TERHADAP PRESTASI KERJA KARYAWAN GUNIANO RIZKY WELLZA Jurusan D4 Administrasi Bisnis Politeknik Negeri Bandung 165254008 ABSTRAK Manajer merupakan bagian perusahaan yang tugasnya mengatur orang lain dan memiliki tugas dan tanggung jawab atas kegiatan atas pekerjaan tersebut. Manajer memiliki beberapa tugas yaitu memimpin suatu organisasi, mengatur dan mengendalikan sebuah organisasi, mengembangkan organisasi, mengatasi berbagai masalah yang dihadapi oragnisasi, mengawasi dan mengendalikan organisasi, menunbuhkan kepercayaan, memupuk rasa tanggung jawab, dan mengeavualuasi kegiatan. Sedangkan karyawan merupakan bawahan yang di pimpin oleh manajer yang akan mengikuti peraturan yang dibuat oleh manajer untuk tercapainya tujuan perusahaan tepat waktu dan dengan hasil yang memuaskan. Untuk itu manajer sangat berpengaruh terhadap motivasi karyawan – karyawannya, manajer harus bisa meningkatkan prestasi kerja karyawannya. Dengan menggunakan sebuah kekuasaan yang dia miliki ada beberapa jenis kekuasaan yang dapat digunakan oleh manajer untuk meningkatkan prestasi para karyawannya dan menaikan derajat perusahaan terhadap perusahaan lain. ABSTRACT Managers are part of the company whose job it is to organize others and have the duty and responsibility for the activities of the work. Managers have several tasks to lead an organization, to organize and control an organization, to develop an organization, to overcome problems faced by organizations, to monitor and control the organization, to cultivate trust, to foster a sense of responsibility, and to evaluate activities. While employees are subordinates who led by managers who will follow the rules made by managers to achieve the goals of the company on time and with satisfactory results. For that manager is very influential on the motivation of employees, managers must be able to improve employee performance. By using a power that he possesses there is some kind of power that can be used by managers to improve the performance of his employees and raise the degree of company to other companies. .

Executives’ morality and ethics became major research topics after recent business scandals, but research missed a major explanation of executives’ amorality: career advancement by ‘jumping’ between firms, causing ignorance of job-pertinent tacit know-how and phronesis (Greek for practical wisdom) and tempting ‘jumpers’ to use covert concealment of managerial ignorance (hereafter: CCoMI) by detachment and/or autocratic seduction-coercion. CCoMI causes a distrust and ignorance cycle, which engenders mismanagement that bars performance-based career advancement and encourages amoral careerism (AC), advancing by bluffs, power abuse, scapegoating, and other self-serving subterfuges. Though AC is a known malady of large organizations, its explanation missed ‘jumpers’ choice of CCoMI, probably because the latter remained on organizations’ dark side through secrecy and conspiracies of silence. A 5-year semi-native anthropological study of five ‘jumper’-managed automatic processing plants and their parent inter-kibbutz co-operatives found common CCoMI-induced AC among executives, some 68% practiced AC and some 78% were ineffective CCoMI users, versus only some 25% of mid-level ‘jumpers’ practicing CCoMI and AC. This gradation of morality accorded power, authority, and  status ranking that made practicing CCoMI-AC easier the higher one’s position; it is consistent with findings that show lower morality the higher one’s status (Piff et al. 2012) and supports the hypothesis that ‘jumping’ careers tend to nurture amoral executives. Ideas for remedies for this corporate malady are suggested, and further study of ‘jumpers’ coping with ignorance is called for.

The purpose of research is examination and determination of the attainment of geothermal resources in thermal hotels, their areas of utilization, advantages and disadvantages, the environmental principles applied and the recommendations related to the problems confronted in this area as a whole. Research population consists top and middle level managers of seven thermal hotel establishments which are operating in Denizli, and it is based on full counting. Face to face interviewing techniques were used to collect data. In this context, 24 semi-structured interview questions consisting of demographics, facility features and research base are directed to managers. Content analysis method was used for obtained data. As a result, it is determined that thermal hotels obtain geothermal spring water mostly from municipalities, the others from their own wells; central distribution network is not available; each facility must establish its own transport system to supply thermal water from the municipal wells. Due to lack of re-injection infrastructure and health problems, there is no work on the recycling. Besides, use of geothermal spring waters as an energy source lowers energy costs; environmental pollution is prevented as a result of reduced use of LNG, natural gas or fossil fuels, and revenues increase indirectly.

Bu araştırmanın amacı, termal otel işletmelerinde jeotermal kaynakların temini, kullanım alanları, avantaj ve dezavantajları, jeotermal kaynakların kullanımına ilişkin uygulanan çevresel ilkeler ile bu alanda karşılaşılan sorunların tespit edilmesi ve önerilerle bir bütün olarak ele alınmasıdır. Araştırmanın evrenini, Denizli’de faaliyet gösteren turizm işletme belgesine sahip yedi termal otel işletmesinin üst ve orta düzey yöneticileri oluşturmaktadır. Araştırmada herhangi bir örneklem alınmayarak tam sayım yapılmıştır. Verilerin toplanmasında nitel araştırma yöntemlerinden görüşme tekniğinden yararlanılmıştır. Bu kapsamda yöneticilere; demografik karakteristikler ve tesis özellikleri ile araştırmaya ilişkin üç bölümden oluşan 24 adet yarı yapılandırılmış görüşme sorusu yöneltilmiştir. Elde edilen verilerin çözümlenmesinde içerik analizi yönteminden faydalanılmıştır. Araştırma sonucunda, termal otel işletmelerinin jeotermal kaynak suları; çoğunlukla belediyelerden, bir kısmı ise kendine ait termal kuyulardan sağladığı; termal suların otellere ulaştırılabilmesi için merkezi dağıtım şebekesinin bulunmadığı, her tesisin belediye kuyularından termal su tedarik edebilmek için kendi taşıma sistemini kurması gerektiği saptanmıştır. Denizli bölgesinde, re-enjeksiyon alt yapısının olmaması ve sağlık sorunları gerekçesiyle hiçbir otelin termal suların geri dönüşümü ile ilgili bir çalışmasının olmadığı sonucuna ulaşılmıştır. Araştırma kapsamında, jeotermal kaynak suların enerji kaynağı olarak kullanımı sayesinde, enerji maliyetlerinin düştüğü; LNG, doğalgaz ya da fosil yakıtların kullanımının azalması ile çevre kirliliğinin önlendiği ve termal otellerin gelirlerinin dolaylı yönden arttığı belirlenmiştir.

The purpose of this study is to determine the effects of managerial style, teacher burnout and demographics on teacher commitment. In accordance with this aim, a quantitative casual research design was implemented. Data of the research were gathered from 280 primary school teacher, by a questionnaire including managerial style, teacher burnout, teacher commitment and teacher demographics forms. For each research questions, Hierarchical Linear Regression analysis was carried out. According to the findings, task oriented behaviors of principal, emotional exhaustion level of the teacher, self-inadequacy feelings of teacher, marital status and work time spending at the same school predicts teacher commitment significantly. On the other hand, human orientation, isolation level from work environment, physical burnout level, vocational burnout level, gender, professional experience, educational level and working status variables does not predicts teacher commitment.

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The present work’s major objective consists in examining the impact of managerial shareholding on corporate diversification decision. For this sake a theoretical framework based on the corporate governance contractual approach, has been advanced highlighting the idea that the executive detaining a certain capital share proportion enjoys a diversification oriented strategic decision. The reached results, conducted on a sample of 111 Tunisian commercial companies and service-providing firms, appear to reveal the persistence of an insignificant impact of the executives’ shareholding on diversification decision.

We studied the various attributes of the staff of twenty filling stations in Nigeria and related the attributes to sharp practices in the sector. To achieve this purpose, the filling stations’ managers, attendants and drivers were interrogated using survey questionnaire. A total of forty staff was sampled. The data collected were analyzed and hypotheses tested using stata 9 soft ware. We find that, experience is critical in reducing sharp practices (ie it is a factor across all the three groups of respondents) in the sector more than any other factor. The age of staff is also important in the reduction of sharp practices, since, it cuts across two of the units of analysis.
We also find that the independent marketers are more into sharp practices than the major marketers (Iδ < Mδ).Based on these findings, we conclude that the sector is best run by experienced and aged personnel and our recommendation is that the workers must be adequately remunerated to motivate and distract workers from indulging in sharp practices.

e objective of this study is to examine the relationship between managerial ability and earnings classification shifting of firms listed in the Tehran Stock Exchange (TSE). e paper consists of a sample of 1,875 firm-year observations after applying systematic elimination sampling method during a period of fifteen years, from 2005 to 2019. is study used the multivariate panel data regression for testing the links between variables. e results of this study provide that there is a positive relationship between managerial ability and earnings classification shifting. e obtained results indicate that there is a negative relationship between managerial ability and real earnings management and no relationship between managerial ability and AEM. In addition, managerial ability mitigates the negative effect of earnings management on future firm performance. Furthermore, managerial ability affects its agency cost positively due to the reduction in earnings management. is paper contributes to developing management literature and financial reporting literature. e study focuses on links managerial ability and earnings classification shifting and agency cost in a developing country like Iran, and the results of the paper can fill distance theory and practice by empirical test. Furthermore, the results of this study indicate in an emerging market, namely, Iran, that has a political business environment among the other countries of the Middle East, managerial ability can release Iranian firms on economic sanctions and financial pressures. is paper is the first study of its type in Iran.

The purpose of the current study was to review and evaluate the relationship between knowledge management and staff’s job engagement increment and deviant behaviors abatement in MAPNA MD2 Co. All Mapna MD2 Co. headquarter office employees (300 people) in Tehran had formed the intended statistical society. According to Krejcie and Morgan table, the sample of research was considered as 169 people which have been selected accidentally and were divided to 35 women and 134 men due to the number of staff in the office. This current research method was descriptive and correlational that have been performed as field research. A four pages’ s questionnaire with 54 questions that including three localized questionnaires according to the Newman-Konrad (2000) standard knowledge management questionnaire, Salanova-Schaufeli (2001) job engagement questionnaire and Bennett-Robinson (1964) deviant behaviors questionnaire, was utilized as data collection tool in this research. The results of statistical analysis show that there is a significant relationship between knowledge management and its dimensions with staff’s job engagement increment and deviant behaviors abatement in MAPNA MD2 Co. Furthermore, the result of research model fit show that the 65% of job engagement increment and 37% of deviant behavior decrement have been explained by knowledge management. Base on that, the Mapna MD2 Co. management is suggested to implement the knowledge management in company in order to increase the job engagement and degrease the deviant behaviors of employees.

The aim of this article is to analyze managerial employability in Brazil, focusing on the cultural and social capital in addition
to some traditionally searched aspects (human capital). This article tests the association and verifies the transformations of
the effect of the cultural capital (formal education of the parents, occupation of the father) and social capital (associativism)
of Brazilians on their managerial employability, controlled by human capital, sex and race. Logistic models were tasted based
on PNAD/IBGE of 1973, 1982, 1988 and 1996 - the only ones with the information of interest to this study. It was observed
that the effect of cultural capital on employability had been identified, and is of indirect order, by means of education. A
positive association was observed between social capital and dependent variable. This conclusion confirms the importance of
this type of capital to managerial employability. Owing to the restrictions of the data used, this study tests the relation
between social capital and managerial employability only for 1988. Nevertheless, the results found are important, because
they increase the understanding of aspects that influence managerial employability in Brazil, adding to the debate over the
formulation of public and organizational policy on the subject.

This paper identifies three categories of model: the Technology Impact Model; the Social Impact Model and the Integrationist Model, which imply different views of the “impact” of Information Technology on work organisation. These models are used to structure data from case studies conducted by the authors to explore the implications of the use of computer-based information systems for managers’ work*. The paper argues that the “impact” of information systems is not a single stable and predictable outcome but a non-linear ongoing process that changes and evolves over time. It also argues that the actions of individuals and groups within an organisation are not wholly determined by outside forces: people can and do react to, and shape, systems in different ways. In this sense, the “impact” of computer-based information systems on managers’ work reflects decisions made by managers themselves about how the technology is used.

Managers who advance by “jumps” among firms suffer large gaps of local know-how and phronesis (Greek for practical wisdom). Closing these gaps requires a “jumper” to jeopardize his/her authority by ignorance exposure until learning, but many reasons deter exposure, while power positions tempt her/him to defend authority by covertly concealing managerial ignorance (hereafter: CCMI). Then, one may camouflage/conceal incompetence-caused mistakes and failures and, unable to advance by performing, s/he practice immoral careerism (Im-C) by various subterfuges. Anthropologists untangled managers’ immorality, but without becoming executives they missed its furthering of vicious distrust and ignorance cycles. A longitudinal study of five automatic processing plants by a management-educated and experienced semi-native anthropologist untangled that only 22% of “jumper” executives, 7 of 32 studied, chose ignorance-exposing vulnerable involvement and became job-competent. As the import of “jumper” executives is now common, this troubling tendency calls for solutions that are, suggested besides recommendations for further study.

ESSAY I
An Analysis of Managerial Decisions in Fostering Bandwagon and Snob Effects in Marketing Products

Takes the point of view that management may have a choice about the type of demand curve to foster for the product of a firm. Indicates that the higher the firm's marginal costs of production the more likely is the firm's profit to be maximized by fostering snob effects rather than bandwagon effects in marketing. On the other hand, the lower marginal costs the more likely that a bandwagon approach to marketing is favoured. Furthermore, decreasing marginal costs of production may favour a bandwagon approach whereas increasing marginal costs favour a snob approach. Depending upon differences in the marginal costs of supplying different markets, a company may find it worthwhile to foster a bandwagon effect in one market and a snob effect in another.

ESSAY II
Rational Excess in the Optimal Value of a Controlled Variable Under Risk Neutrality and Otherwise

Argues that it can be rational from the point of view of maximising the expected value of an objective function to adopt a value for a controlled variable in excess of the value that would maximize the objective function should the most favourable state of nature prevail. Such a strategy may well be rational even under conditions of risk neutrality.

Executive acquisition of job competence suffers from power tempting its use to conceal ignorance and incompetence as dark secrets and survive in jobs by abuses and subterfuges. Such competence requires sensitivity to the unique contours of circumstances, knowing how to arrive at a well-based judgment in one’s job which inter alia requires local know-how and phronesis (Greek for practical wisdom) held by practitioners of jobs which even an insider is ignorant as s/he advanced in other units/functional domains and took charge of them due to promotion. Ignorance-exposing vulnerable involvement in deliberations is necessary to create mutual trust with employees, to learn and to achieve competent functioning but this requires jeopardizing one’s authority until learning and becoming job effective. A multi-case study of five automatic processing plants by a management-educated and experienced semi-native anthropologist untangles that only a few of their outsider executives, 4 of 27 studied, chose such involvement and became job-competent. As import of outsiders is common at present, this problem calls for solutions which the article suggests besides recommendations for further study.

The Czech recodification brought a new concept of statutory body. The Civil Code and the Business Corporations Act contain an explicit enumeration of the necessary essentials of the due care. The Author is of the opinion that the new definition is not revolutionary. Besides the refined definition of the duty to act with due care, the business judgement rule is a novelty. It  is unjust to hold the statutory body liable for the result of its decisions, if it duly abides to all of its obligations when making it. The legislator did not define objective criterions enabling to fully determine all operative aspects of the duty to act with due care. Overall, the changes in the concept of the duty to act with due care are not that significant to impugn the interpretative authority of the earlier case law.

Rekodifikace v ČR přinesla nové pojetí povinností statutárního orgánu. Občanský zákoník a Zákon o obchodních korporacích provádí výčet náležitostí jednání s péčí řádného hospodáře. Nové české korporátní právo však podle autora tohoto posudku nepředstavuje přelom. Jde jen o upřesnění a výslovnou kodifikaci existujících principů. Nově však byl zaveden institut podnikatelského úsudku. Po statutárním orgánu však nelze spravedlivě požadovat, aby byl odpovědný za výsledek každého jednotlivého rozhodnutí, pokud statutární orgán dodržel veškeré své povinnosti.  Zákonodárce ovšem neurčil objektivní kritéria, jejichž pomocí by bylo možné institut péče řádného hospodáře obsahově vymezit.  Nedošlo však k takovým koncepčním změnám, které by zpochybnily dřívější závěry judikatury.

Face à un malaise croissant qui se traduit par une hausse de l'absentéisme, voire des suicides, la majorité des cadres n a pas d autre choix que... de souffrir en silence.
Le thème de la souffrance au travail a été popularisé ces dernières années. Or très peu d'enquêtes ont été réalisées sur la population des cadres parce que leur malaise est peu visible. Il n en est pas moins profond.
Les médias se font parfois l'écho de cadres qui se révoltent... mais ce sont les exceptions qui confirment la règle ! L'immense majorité des cadres « souffre en silence ».