Which law should take priority - Free Essay Example

Sample details Pages: 7 Words: 2130 Downloads: 4 Date added: 2017/06/26 Category Law Essay Type Research paper Did you like this example? Research Essay APPENDIX A: RESEARCH ESSAY In situations of conflict between EU law and National law, which law is to prevail? The European Union treaty is mostly silent on which legal authority should be followed in situations of conflict between EU Law and National or Domestic Law. But it was held by the European Court of Justice (ECJ) that it is understood from Article 4(3) Treaty of European Union (TEU) which states that the requirement to ensure achievement of the intention of the treaty and also in Article 288 Treaty on the functioning of the European Union (TFEU) which states that regulations will be binding and have direct effect. However, this still does not settle the issue of which law should take priority, whether it is national law or EU law. Don’t waste time! Our writers will create an original "Which law should take priority?" essay for you Create order But it all depends on the level to which member state has provided for this, either in its constitution or in its statute of incorporation. Due to the extensive dissimilarities in the ways Member states have tried to solve this question of prime concern, and to make sure consistency of application is maintained, the ECJ produced its own constitutional rules to deal with the problem of the principle of supremacy of European Union Law. The creation of the doctrine of supremacy began after a series of important rulings by the European Court of Justice. The very first case which dealt with this issue of priority was that of Van Gend en Loos v Nederlandse Administratie der Belastingen[1]. In 1962 the Netherlands imposed a duty on the import of a chemical from Germany that was transported by a company named Van Gend en Loos.As customs duties were not allowed among member states, the logistics company addressed the Court to resolve the issue. The European Court of Justice ruled tha t the duty had to be removed. The main reason why the case is accepted and broadly referred to is the interpretation that the EC Treaty was more than just an international treaty, and the fact that it was signed by the member states meant that it provided for a direct effect on the member states’ citizens.Along with the main duties, the Treaty caters for certain rights applicable directly to the citizens of member states. This basically means that EU law can be considered in a way national law is and a member state citizen can directly invoke EU law before their domestic court. It was further held that union law constitutes a ‘new legal order for the benefit of which the states have limited their sovereign rights, albeit with limited fields.’ The court’s judgement resulted in the court applying the community law (now Art 34 of TFEU) and the conflicting Dutch law was set aside. It was the first case which established EU as an independent legal order from th e member states. However, the precise implementation of the doctrine of supremacy wasn’t developed until the case of Flaminio Costa v ENEL.[2] In this case, there was an alleged dispute between a few provisions of the treaty and an Italian statute nationalizing the electricity company. The applicant, Costa was a shareholder in that particular electricity company and refused to pay the electricity bill. He later claimed that the nationalization of the electricity company was against EC Law. The Italian government argued that the Italian statute nationalising the electricity company was later in time than the Italian Ratification Act which incorporated EC law in Italian law. The Italian court was therefore under an obligation to apply the domestic law in predilection to EC law. This case was referred to the ECJ by the Italian courts. In an attempt to clarify the position regarding which law is to gain supremacy, the European Court of Justice referred to Van Gend (as explaine d above) and came to the conclusion that EU law will take precedent even if only subsequent EU law has been enacted and even when there is a latter law which contradicts with earlier EU law. A number of case law will explain the extent to which EU law is supreme and reasons why it should be given primacy over National laws. The first reason is that the European Union is entirely part of National law and member states had given up some of their power to EU. Furthermore, EU law should be given primacy in order to promote uniformity and effectiveness. In the case of Internationale Handelsgesellschaft[3] the German courts held that to follow the doctrine of supremacy would mean that they will need to converse with some of the laws in the German constitution. The ECJ states EU law takes precedent over ALL forms of law. In addition, in the case of Administrazione delle Finanze dello stato v Simenthal[4], where there is a conflict between the National law and the European law, the natio nal court under the EU law is required to give immediate effect to EU law and not wait for a ruling from the constitutional court. This decision confers on domestic courts jurisdictions that they may not have under domestic law. In R v SS for transport ex parte Factortame (No 2)[5] [1990] EUECJ C-213/89, it was held that the national law should be put aside if it prevents the courts from granting interim relief. It was also held that the Governments will be liable for any breach resulting a financial loss. All the above case law shows that EU law does in fact have supremacy over National/Domestic Law. However, the question now is, do all Member States accept this Supremacy with open arms? A few member states like Belgium have managed and accepted the doctrine of supremacy of EU law comfortably. However, other states, such as France, UK and Italy have accepted it more moderately over a period of time. According to research, for the UK, the main problem lies with the Sovereignty of Parliament. Member states assumed that the question of supremacy will depend on how European Union law has been incorporated into domestic law. So, for example if a country is monist in its approach, EU law will become binding and part of national law as soon as it gets approval without the need of any further incorporation for instance the Netherlands or France. However, if the country is a dualist, then EU law will not become binding and part of domestic law unless and until it is incorporated into a domestic statute, for example: Germany, Italy, Belgium and UK. A prime example of this can be seen in the UK, where the main hurdle of acceptance of the principal of supremacy is because of the doctrine of parliamentary sovereignty. According to A.V Dicey’s[6], This means that the parliament can make and un-make laws. This was illustrated in the case of Burmah oil v Lord advocate[7]. As UK is a dualist state, international law does not become part of domestic law until it i s incorporated into a domestic statute as I mentioned above. In the past, UK was hesitant to apply EU law but since the passing of European Communities Act 1972, the National courts in the UK have begun to accept EU law as primary law. However, under the normal rules of statutory interpretation, legislation which subsequent to the European Communities Act 1972 would prevail over it. The courts regardless have been able largely to avoid the problem of conflict of Community and British Law, mostly through interpretation as seen in the case of Garland v BR Engineering.[8] The status of EU law comes from the European Communities Act 1972 and the most significant provisions are listed under sections (2) and (3). According to section 2(1) of the above act, all rights, power, liabilities, obligations and restrictions created or arising under the treaties and all such remedies and procedures provided by or under the Treaties are without further enactment to be given legal effect in th e UK. Section 2(2) holds that Her Majesty may by order in Council, and any designates Minister of department may by regulations, make provision for the purpose of implementing any community obligation. Under section 2(4) any enactment passed or to be passed, shall be construed and have effect subject to the foregoing provisions of this section. Section 3(1) states that any question as to the meaning or effect of any treaties, or as to the validity, meaning or effect of any community instrument, shall be treated as a question of law and, if not referred to the ECJ, Be determined in accordance with the principles laid down by the ECJ. All the above sections prove that EU law nevertheless has supremacy over national law. However the approach which was adopted by the UK courts can be explained by referring to the following case law: In the case of McCarthy ltd v Smith[9] it was held that following to the European Communities Act 1972 Community law was part of English l aw and where English law was inconsistent with it, Community law prevailed. Reference should be made to Lord Denning, who said that said Community law is now part of our law: and, whenever there is any inconsistency, Community law has priority. It is not supplanting English law. It is part of our law which overrides any other part which is inconsistent with it. This shows that the Court of Appeal was prepared, under section 2(4) as mentioned above to give EU law priority. Furthermore in the case of Garland v BR Engineering (1983) 2 AC 751, HL(E), The House of Lords adopted the rule of construction’ approach to section 2(4). In the case of Pickstone v Freemans plc[10], The House of Lords chose to interpret the law literally (against their literal meaning), to the extent that they read certain words into the regulations in order to attain a result which would be more suitable with EC law. Lord Keith[11] said the provisions must be interpreted deliberately so as to g ive effect to the obvious broad intentions of the Parliament. It was made clear in this case, from evidence from House of Commons debates on the matter, that the regulations had been introduced specifically in order to give effect to EC law. In addition to this, the case of Factortame (No. 2) [1990] EUECJ C-213/89 shows that the House of lords gave priority to EC law. All the above case law is evidence that the UK courts such as the House of Lords have sown a clear willingness to accord supremacy to directly effective community law, either by ‘construction’ of domestic law, or, where necessary by applying Ec law directly, in priority over national law. However it should be noted that in the case of Macarthys ltd v smith [1981] QB 180, Lord Denning made it clear that if parliament were expressly to strive to renounce its EU obligations our courts would be obliged to give effect to Parliament’s wishes. Whilst this is unlikely to happen as long as we remain members of the EU, it is theoretical possibility and the principle of Parliamentary sovereignty remains intact. While on the other hand, A.V Dicey[12] has maintained that though the supremacy EU law is largely accepted by British courts, it is emphasized that the final decision makers still remain the member states. However, National courts are loyal towards the Community law and give precedence to it as long as the UK remains a member of the EU. Bibliography CASES: Case Van Gend en Loos v Nederlandse Administratie der Belastingen(1963)Case 26/62 Flaminio Costa v ENEL [1964] ECR 585 (6/64) Case Internationale Handelsgesellschaft (11/70) [1970] ECR 1125 Case Administrazione delle Finanze dello stato v Simenthal (106/77) [1978] ECR 629 Case Factortame (No 2) [1990] EUECJ C-213/89 Case Burmah oil v Lord advocate [1965] AC 75 Case Garland v BR Enineering (1983) 2 AC 751, HL(E) Case McCarthy ltd v Smith [1981] QB 180 Case Pickstone v Freemans plc [198 8] 2 All ER 803 Case Rv Secretary of State for Employment C-167/97. [1999] 2 AC 554 TREATIES: Treaty of European Union (TEC) Treaty on the Functioning of the European Union SECONDARY SOUCES: Loveland,Ian,(1996;517),Parliamentary Sovereignty and the European Community: the Unfinished Revolution?, Parliamentary Affairs,vol.49-2,Oxford University Press De Witte, in: Craig/De Burca (eds.),The Evolution of EU Law Craig P.P De Burca, The Fifth Edition, EU Law: Texts, Cases and Materials. 1 [1] Case Van Gend en Loos v Nederlandse Administratie der Belastingen(1963)Case 26/62 [2] Case Flaminio Costa v ENEL [1964] ECR 585 (6/64) [3] Case Internationale Handelsgesellschaft (11/70) [1970] ECR 1125 [4] Case Administrazione delle Finanze dello stato v Simenthal (106/77) [1978] ECR 629 [5] Case Factortame (No 2) [1990] EUECJ C-213/89 [6] Loveland,Ian,(1996;517),Parliamentary Sovereignty and the European Community: the Unfinished Revolution?, Parliamentary Affairs,vol.49-2,Oxford University Press [7] Case Burmah oil v Lord advocate [1965] AC 75 [8] Case Garland v BR Enineering (1983) 2 AC 751, HL(E) [9]Case McCarthy ltd v Smith [1981] QB 180 [10] Case Pickstone v Freemans plc [1988] 2 All ER 803 [11] De Witte, in: Craig/De Burca (eds.),The Evolution of EU Law [12] Dicey,A.V.,(1915,3-8), The Law of Constitution, Oxford Press

Comparing Christianity And Islam Similarities And...

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Cross-Cultural Determinants of Employee Motivation in Starbucks Company Free Essays

Research Question The observation and analysis of Cross-Cultural Determinants of Employee Motivational System Effectiveness of Starbucks Coffee Company Practices in UK, Poland, and Germany. Introduction Starbucks has served as a milestone in the coffee industry and is a massive organization in terms of people employed and stores owned. At the current time it has revenue of $10. We will write a custom essay sample on Cross-Cultural Determinants of Employee Motivation in Starbucks Company or any similar topic only for you Order Now 7 billion and owns 16,850 shops in 40 countries. Starbucks is clearly the world’s top coffee retailer, it employs 137,000 employees or â€Å"partners† as it likes to call them. Howard Schultz, the CEO of Starbucks, considers that ‘the tip of success in Starbucks is not coffee but employees’. He constantly builds upon the working experience of employees, providing chances of promotion, and treating workers as working partners is their way to operate sustainability. He firmly believes that the spirit of Starbucks is employees and feels honored about the value of Starbucks employees. Many theorists believe that â€Å"it is necessary to have a perfect education and training policy for better performance in a company† (Michelli, 2006). Despite serving in many countries, Starbucks has a similar organizational structure; as a result, it does not take into account the cross cultural determinants. It has been criticized for its approach; also because, employe es of some countries like UK are not as satisfied as employees from Poland and Germany, thus Starbucks must make use of cross-cultural determinants in order to improve its management methords. One of the most proficient theory, the Hofstede theory states that the motivational factors of every country are different and thus must be looked into before a company, such as Starbucks sets its motivational methods. Along with Hoftsede it talks about Management and Motivation in reference to the Grid/Group Theory by Douglas, which strives to classify different cultures in relation to being hierarchist, individualist, egalitarian and fatalist. It also talks about the ‘Cultural Theory’ and ‘Organizational Theory’ in relation to Starbucks. This research attempts to access these theories in reference to Starbucks, and its motivational methods across nations. It looks at a comparison between the way Starbucks company treats or must treat its employees across UK, Poland and Germany. Brief Overview The Starbucks Company is a vast and well constructed multi-national, which serves in 40 countries. It has to keep in mind various cross-cultural determinant while bringing in its motivational schemes. However, it has been criticized for not taking into account, cross-cultural determinants when building its management cultural across countries. It is often assessed, that the employees of countries like UK, seem to be less motivated than employees from Poland and Germany. This paper talks about all possible schemes in relation to motivational theories, that can be adopted by Starbucks,chiefly the Hofstede theory. The factors of this theory are highly relevant and can be implemented in various ways to improve performance. The first factor, Power distance can be defined as â€Å"the extent to which the less powerful members of institutions and organizations within a country expect and accept that power is distributed unequally† (Hofstede 1991, p. 28). UK and Germany, are ranked as a low power distance society, where the relationship between bosses and subordinated is of interdependence, treating each worker equally and calling them ‘partners’. There, the managers of Starbucks are likely to place a greater importance on labors’ rights as compared to managers in Poland, which ranks as a high power distance country. However, in Poland there is a hierarchical social system, thus, it is said that their ‘ideal boss is a benevolent autocrat’. Another factor of the Hofstede theory is Masculinity, the dominant values in society being material success versus femininity, caring for others and the quality of life. UK, Poland and Germany, are Masculine societies, driven by competition, achievement and financial success. In these countries, people’s performance is highly valued and people ‘live in order to work’. Starbucks too, beliefs in monetary based appraisals, it spends $300 million, on their employees’ welfare, much more than ‘they do on coffee beans’. Starbucks even gave its UK staff shares worth around ?4 million in their employee share scheme ‘Bean Stock’, followed by a Christmas cash bonus to staff worth ?1.5 million. Uncertainty Avoidance, is another of Hofstede’s theories, it classifies countries into being high in Uncertainty Avoidance; having strict rules and resistance to changes like Germany and Poland and low in Uncertainty Avoidance; having fewer rules and being welcome to changes like UK. This is an important factor to look into a country when bringing in new innovations, and the planning of how the change has to be implemented. Managers of UK can bring in new ideas easily and with more enthusiasm while managers in Germany and Poland have to bring in changes subtely because people resist from breaking orthodox norms uneasy. Starbucks went through many changes when it merged with Giornale, it was welcoming to his employees’ involvement and included them in every change, by 1987, and employees at Starbucks had begun buying into the changes. The theory includes a comparison between countries which have more, individualism everyone is expected to look after themselves and their immediate family against collectivism, and cultures in which people are bound into strong and cohesive groups. UK, Germany and Poland, are individualistic societies, where the route to happiness is through individual accomplishment. Here the company, in order to motivate its employees has to come up with schemes to provide them and their families’ advantages. The culture in Starbucks is of mutual advantage, thus workers usually do a fruitful job but all these factors must be kept in mind. Understanding all the cross-cultural determinants including these is crucial for a company which serves such a wide range of cultures; their observation along with development on these lines, must all be looked into, in order to bring out the best results. Another theory is the Cultural Theory’ which talks about the importance of culture, stating that is is too ‘important to be left undefined and unrefined, and analysts need a deeper awareness of the anthropological and sociological frameworks’ when refining their management attitudes. It outlines the effect on culture in relation to common objectives, employee motivation and loyalty. Setting of roles, leadership, innovation, setting incentives, tolerance and accountability. The setting of the corporate cultural is extremely subjective of the countries cultural as a whole. The Grid/Group theory is another theory based on cultural determinants, created by Mary Douglas, in 1996. It strives to study cultural relativism, which can be increased through a classification system taking into account ‘moral system, worldviews and ideologies’. This classification is built into two axes, based on individualism versus collectivism, including isolate/fatalist, hierarchist, individualist and sectarian groups. Each type is based on different classifications, power paradigms, moral values and individuality. In this paper, it is used to analyze, the classification of different cultures, such as UK, Germany and Poland into these categories, observing where their general workers fall, taking into account their employee, culture, market and forms of hierarchy. The paper also talks about Organizational Culture Theory which is based on performance, ‘organization effectiveness, employee commitment, employee satisfaction, culture type, culture strength and culture congruence’. This theory is talked about in relation to Poland, Germany and UK; assessing them based on all these assesses their management and motivational factors. Even though Starbucks operates in different countries, its organization culture is often the same. This can be a harmful strategy, as due to differing cultural determinants, the company must change its strategies relatively. If this is not done, the motivation of employees can be lowered and the management can fail to do its job. Thus, this paper talks about all these theories and the possibilities that they provide to Starbucks, in modifying its strategies based on varying cross-cultural determinants. Objective This paper is set to analyze and evaluate the cross cultural determinants of Poland, UK and Germany, in order to find out the best ways to motivate the employees of those countries. It attempts to Find out the cross cultural determinants of these societies and the way the employees of these countries are treated. Methodology The Prime methodology used will be questionnaires that will be filled out by Starbucks employees across these countries. The questionnaire will be based on the Organizational Energy Questionnaire from ‘fully charged’ written by Heike Bruch, which is an instrument to measure a company’s energy state. The questions will include if the employees like what they do, do not have much drive feel relaxed in their job, feel angry in their job, feel enthusiastic in their jobs, have no desire to make something happen, speculate about the real intentions of management, have real care about company’s fate, are efficient in conducting work, behave in destructive manner, go out of their way to make company succeed and if they feel discouraged in their jobs. All these questions will convey about the general state of employees and their will be a separate questionnaire to observe the importance of cross-cultural determinants. References Heike Bruch and Bernd Vogel (2011). Fully Charged. United States of America: Harvard Business School Publishing. HOFSTEDE THEORY- Poland, (2011) [online]. [Accessed 2012]. Available from: . Penny Bassett (2004). CHINESE AND AUSTRALIAN STUDENTS’ CULTURAL PERCEPTIONS: A COMPARATIVE STUDY, Victoria University. Jim Boyer (2009). Understanding Hofstede’s Theory to Motivate Cross Cultural Employees. Business Insider [online]. (2011) [Accessed 6 May 2012]. Available from: Nicholson, N (1998) Encyclopedic Dictionary of Organizational Behavior Blackwell, pp 215 Hoovers [online]. [Accessed 2012]. Available from: . Starbucks Coffee [online]. [Accessed 2012]. Available from: . V S RAMA RAO (2009). The Hofstede Studies [online]. [Accessed 2012]. Available from: . Cultural Dimensions Theory [online]. (2010) [Accessed 2012]. Available from: . Zoe Wood (2010). Starbucks’ staff set to get free shares in incentive scheme. 19 December 2010. Starbucks [online]. [Accessed 2012]. Available from: . Employee Benefits [online]. (2011) [Accessed 2012]. Available from: . Projects [online]. (2011) [Accessed 2012]. Available from: http://projects.chass.utoronto.ca/semiotics/cyber/douglas3.pdf . York Universit y [online]. (2011) [Accessed 2012]. Available from: http://www.fsc.yorku.ca/york/istheory/wiki/index.php/Organizational_culture_theory . How to cite Cross-Cultural Determinants of Employee Motivation in Starbucks Company, Essay examples Cross-Cultural Determinants of Employee Motivation in Starbucks Company Free Essays Introduction Starbucks has served as a milestone in the coffee industry and is a massive organization in terms of people employed and stores owned. At the current time it has revenue of $10.7 billion and owns 16,850 shops in 40 countries. We will write a custom essay sample on Cross-Cultural Determinants of Employee Motivation in Starbucks Company or any similar topic only for you Order Now Starbucks is clearly the world’s top coffee retailer, it employs 137,000 employees or â€Å"partners† as it likes to call them. Howard Schultz, the CEO of Starbucks, considers that ‘the tip of success in Starbucks is not coffee but employees’. He constantly builds upon the working experience of employees, providing chances of promotion, and treating workers as working partners is their way to operate sustainability. He firmly believes that the spirit of Starbucks is employees and feels honored about the value of Starbucks employees. Many theorists believe that â€Å"it is necessary to have a perfect education and training policy for better performance in a company† (Michelli, 2006). Despite serving in many countries, Starbucks has a similar organizational structure; as a result, it does not take into account the cross cultural determinants. It has been criticized for its approach; also because, employees of some countries like UK are not as satisfie d as employees from Poland and Germany, thus Starbucks must make use of cross-cultural determinants in order to improve its management methords. One of the most proficient theory, the Hofstede theory states that the motivational factors of every country are different and thus must be looked into before a company, such as Starbucks sets its motivational methods. Along with Hoftsede it talks about Management and Motivation in reference to the Grid/Group Theory by Douglas, which strives to classify different cultures in relation to being hierarchist, individualist, egalitarian and fatalist. It also talks about the ‘Cultural Theory’ and ‘Organizational Theory’ in relation to Starbucks. This research attempts to access these theories in reference to Starbucks, and its motivational methods across nations. It looks at a comparison between the way Starbucks company treats or must treat its employees across UK, Poland and Germany. Brief Overview The Starbucks Company is a vast and well constructed multi-national, which serves in 40 countries. It has to keep in mind various cross-cultural determinant while bringing in its motivational schemes. However, it has been criticized for not taking into account, cross-cultural determinants when building its management cultural across countries. It is often assessed, that the employees of countries like UK, seem to be less motivated than employees from Poland and Germany. This paper talks about all possible schemes in relation to motivational theories, that can be adopted by Starbucks,chiefly the Hofstede theory. The factors of this theory are highly relevant and can be implemented in various ways to improve performance. The first factor, Power distance can be defined as â€Å"the extent to which the less powerful members of institutions and organizations within a country expect and accept that power is distributed unequally† (Hofstede 1991, p. 28). UK and Germany, are ranked as a low power distance society, where the relationship between bosses and subordinated is of interdependence, treating each worker equally and calling them ‘partners’. There, the managers of Starbucks are likely to place a greater importance on labors’ rights as compared to managers in Poland, which ranks as a high power distance country. However, in Poland there is a hierarchical social system, thus, it is said that their ‘ideal boss is a benevolent autocrat’. Another factor of the Hofstede theory is Masculinity, the dominant values in society being material success versus femininity, caring for others and the quality of life. UK, Poland and Germany, are Masculine societies, driven by competition, achievement and financial success. In these countries, people’s performance is highly valued and people ‘live in order to work’. Starbucks too, beliefs in monetary based appraisals, it spends $300 million, on their employees’ welfare, much more than ‘they do on coffee beans’. Starbucks even gave its UK staff shares worth around ?4 million in their employee share scheme ‘Bean Stock’, followed by a Christmas cash bonus to staff worth ?1.5 million. Uncertainty Avoidance, is another of Hofstede’s theories, it classifies countries into being high in Uncertainty Avoidance; having strict rules and resistance to changes like Germany and Poland and low in Uncertainty Avoidance; having fewer rules and being welcome to changes like UK. This is an important factor to look into a country when bringing in new innovations, and the planning of how the change has to be implemented. Managers of UK can bring in new ideas easily and with more enthusiasm while managers in Germany and Poland have to bring in changes subtely because people resist from breaking orthodox norms uneasy. Starbucks went through many changes when it merged with Giornale, it was welcoming to his employees’ involvement and included them in every change, by 1987, and employees at Starbucks had begun buying into the changes. The theory includes a comparison between countries which have more, individualism everyone is expected to look after themselves and their immediate family against collectivism, and cultures in which people are bound into strong and cohesive groups. UK, Germany and Poland, are individualistic societies, where the route to happiness is through individual accomplishment. Here the company, in order to motivate its employees has to come up with schemes to provide them and their families’ advantages. The culture in Starbucks is of mutual advantage, thus workers usually do a fruitful job but all these factors must be kept in mind. Understanding all the cross-cultural determinants including these is crucial for a company which serves such a wide range of cultures; their observation along with development on these lines, must all be looked into, in order to bring out the best results. Another theory is the Cultural Theory’ which talks about the importance of culture, stating that is is too ‘important to be left undefined and unrefined, and analysts need a deeper awareness of the anthropological and sociological frameworks’ when refining their management attitudes. It outlines the effect on culture in relation to common objectives, employee motivation and loyalty. Setting of roles, leadership, innovation, setting incentives, tolerance and accountability. The setting of the corporate cultural is extremely subjective of the countries cultural as a whole. The Grid/Group theory is another theory based on cultural determinants, created by Mary Douglas, in 1996. It strives to study cultural relativism, which can be increased through a classification system taking into account ‘moral system, worldviews and ideologies’. This classification is built into two axes, based on individualism versus collectivism, including isolate/fatalist, hierarchist, individualist and sectarian groups. Each type is based on different classifications, power paradigms, moral values and individuality. In this paper, it is used to analyze, the classification of different cultures, such as UK, Germany and Poland into these categories, observing where their general workers fall, taking into account their employee, culture, market and forms of hierarchy. The paper also talks about Organizational Culture Theory which is based on performance, ‘organization effectiveness, employee commitment, employee satisfaction, culture type, culture strength and culture congruence’. This theory is talked about in relation to Poland, Germany and UK; assessing them based on all these assesses their management and motivational factors. Even though Starbucks operates in different countries, its organization culture is often the same. This can be a harmful strategy, as due to differing cultural determinants, the company must change its strategies relatively. If this is not done, the motivation of employees can be lowered and the management can fail to do its job. Thus, this paper talks about all these theories and the possibilities that they provide to Starbucks, in modifying its strategies based on varying cross-cultural determinants. Objective This paper is set to analyze and evaluate the cross cultural determinants of Poland, UK and Germany, in order to find out the best ways to motivate the employees of those countries. It attempts to Find out the cross cultural determinants of these societies and the way the employees of these countries are treated. Methodology The Prime methodology used will be questionnaires that will be filled out by Starbucks employees across these countries. The questionnaire will be based on the Organizational Energy Questionnaire from ‘fully charged’ written by Heike Bruch, which is an instrument to measure a company’s energy state. The questions will include if the employees like what they do, do not have much drive feel relaxed in their job, feel angry in their job, feel enthusiastic in their jobs, have no desire to make something happen, speculate about the real intentions of management, have real care about company’s fate, are efficient in conducting work, behave in destructive manner, go out of their way to make company succeed and if they feel discouraged in their jobs. All these questions will convey about the general state of employees and their will be a separate questionnaire to observe the importance of cross-cultural determinants. References Heike Bruch and Bernd Vogel (2011). Fully Charged. United States of America: Harvard Business School Publishing. HOFSTEDE THEORY- Poland, (2011) [online]. [Accessed 2012]. Available from: . Penny Bassett (2004). CHINESE AND AUSTRALIAN STUDENTS’ CULTURAL PERCEPTIONS: A COMPARATIVE STUDY, Victoria University. Jim Boyer (2009). Understanding Hofstede’s Theory to Motivate Cross Cultural Employees. Business Insider [online]. (2011) [Accessed 6 May 2012]. Available from: Nicholson, N (1998) Encyclopedic Dictionary of Organizational Behavior Blackwell, pp 215 Hoovers [online]. [Accessed 2012]. Available from: . Starbucks Coffee [online]. [Accessed 2012]. Available from: . V S RAMA RAO (2009). The Hofstede Studies [online]. [Accessed 2012]. Available from: . Cultural Dimensions Theory [online]. (2010) [Accessed 2012]. Available from: . Zoe Wood (2010). Starbucks’ staff set to get free shares in incentive scheme. 19 December 2010. Starbucks [online]. [Accessed 2012]. Available from: . Employee Benefits [online]. (2011) [Accessed 2012]. Available from: . Projects [online]. (2011) [Accessed 2012]. Available from: http://projects.chass.utoronto.ca/semiotics/cyber/douglas3.pdf . York Universit y [online]. (2011) [Accessed 2012]. Available from: http://www.fsc.yorku.ca/york/istheory/wiki/index.php/Organizational_culture_theory . How to cite Cross-Cultural Determinants of Employee Motivation in Starbucks Company, Essay examples