To penalize contractual breaches allows efficient allocation of risks in a contract, ensuring and maintaining the contractual equilibrium that the parties had in mind and shaped in its contractual regulation. The intelligent use of penalties will safeguard and maintain the economic balance of the contracts, thus maintaining the profitability of business operations pursued through them. / Penalizar los incumplimientos permite una asignación eficiente de los riesgos en un contrato, asegurando y conservando el equilibrio contractual que las partes tuvieron en mente y plasmaron en su regulación contractual. El uso inteligente de las penalidades permitirá salvaguardar y mantener el equilibrio económico de los contratos, manteniendo así la rentabilidad de las operaciones comerciales perseguidas a través de ellos.

Syftet med studien är att få en ökad förståelse för hur skolkuratorer tänker kring användningen av metoder i det skolkurativa arbetet. Utifrån studiens syfte ville jag ta reda på vilka metoder använder de intervjuade skolkuratorerna i sitt arbete, hur de ser på kunskapskällor vid val av metod samt hur de ser på behovet av fortbildning kring metoder. Studien har en kvalitativ ansats som bygger på fem intervjuer med fyra skolkuratorer i grundskolan och en skolkurator på en gymnasieskola från tre städer i Sverige. Huvudresultaten i studien visar att skolkuratorer använder olika typer av metoder som används med syfte att driva deras skolkurativa arbete framåt, dessa är; samtalsmetoder såsom MI, behandlande metoder såsom KBT och olika metodprogram såsom ABC som används vid konflikthantering. Dock framgår det även att man som skolkurator har ett tankesätt som gör att man tillämpar dessa metoder på ett oreflekterat sätt genom att man går på magkänsla, blandar metoder samt provar sig fram utan att ha koll på metodernas effekter. Resultatet av studien visar även att man tycker att forskning som kunskapskälla vid val av metod är viktig och man uppger att man arbetar i en evidensbaserad praktik som enligt dem är eftersträvansvärt men enligt deras berättelser framgår det inte i praktiken. Dels beror det på bristen av reflektion över metoders effekter samt att man väljer att inte ta sig tid till fortbildning kring metoder, vilket en evidensbaserad praktik kräver då man ska ha en medvetenhet kring vilka metoder man använder och vilka effekter de har. Detta tankesätt kan utgöra en risk för utvecklingen hos den berörde eleven. Slutligen visar resultatet av studien att arbetsgivare inte uppmuntrar till fortbildning kring metoder såsom skolkuratorerna önskar, men samtidigt uppger skolkuratorerna att det handlar om en prioriteringsfråga där man tänker att eleven går före behovet av kunskap kring de metoder som man använder i det skolkurativa arbetet. / The aim of the study is to gain an increased understanding of how school counselors think about the use of methods in the school-based work. Based on the purpose of the study, I wanted to find out what methods the interviewed school counselors use in their work, how they look at sources of knowledge in the choice of methods and how they look at the need for further training on methods. The study has a qualitative approach based on five interviews with four school counselors in elementary school and a school counselor at a secondary school from three cities in Sweden. The main results of the study show that school counselors use different types of methods used to drive their school-based work forward, these are; Call methods such as MI, treatment methods such as KBT and various methodologies such as ABC used in conflict management. However, it is also apparent that, as a school counselor, you have a mindset that allows you to apply these methods in an unexplored way by feeling in the mood, mixing methods and trying out without looking at the effects of the methods. The result of the study also shows that research as a source of knowledge in choosing a method is important and it is stated that one works in evidence-based practice which, according to them, is desirable, but according to their stories, it does not appear in practice. This is partly because of the lack of reflection on the effects of methods, and that one chooses not to take time for further training on methods, which an evidence-based practice requires when you have an awareness of the methods used and the effects they have. This approach may pose a risk to the development of the pupil concerned. Finally, the results of the study show that employers do not encourage further education on methods that the school counselors had desired, but at the same time, the school counselors state that it is a priority issue, thinking that the student goes before the need for knowledge about the methods used in school-based work.

1 ABSTRACT This thesis deals with the educational management of the teaching staff supervising the state graduation exams. The theoretical part explains the concept of educational management and focuses in detail on the managerial function of organization. It describes the current form of the state graduation exams, related legislation and institutions involved. The thesis explains the staffing of graduation exams and individual training programs for teachers, and clarifies the role of further education of teachers. The aim of the work is to optimize the organization surrounding the education of teachers supervising the state graduation exams in Prague and Central Bohemia. The data in the presented research were collected via a survey among participants of the education related to the state graduation exams in Prague and Central Bohemia in the school year of 2015/2016 and interviews with lecturers of relevant training programs. KEYWORDS Management, education management, organization, optimization, education, teaching staff, further education of teachers, state graduation exam.

This master's thesis deals with a preparation of a qualification training for social workers that work with a client in crisis. It examines what are the requirements for the social worker and his range of further training. It also focuses on a social worker custody to a client who found himself in a crisis situation. It solves whether, and how the social workers are prepared to these difficult situations. Theoretical knowledge, as a type of client, koncept and types of crisis situations and attitudes and competences of a social worker to the solution of the crisis, are used in practical part of this master's thesis, which is made up of case reports with subsequent analysis. In conclusion the importance of the knowledge and skills of social workers are documented by questionnaire. Using the comparative method, I would like to highlight the developments in this field during the last five years. For comparison is outlined the care for a human in crisis in Switzerland and Bulgaria. The goal of my thesis is to make this field more approachable not only to social workers who encounter people in crisis in the course of their work, but also to all people who may find them- selves in crisis.

Magister Educationis - MEd / This study investigated the reasons why FET part-time students enrolled at a FET college by examining their learning orientations. Guided by the literature, the focus was on the vocational orientation to learning and orientations to learning were further investigated within the vocational orientation based on orientations developed for part-time students found in the literature. In addition, it was investigated whether students' expectations have been met and if they were satisfied with the college experience. Lastly, the study examined the relevance of college learning to the world of work and the contribution it made to the career development of learners in a globalising world. The research shows that part-time students enrol at FET colleges predominantly for vocational reasons and the majority of the students were enrolled in order to advance their careers and associated with a vocational orientation to learning. However, it emerged that reasons for learning within the vocational orientation to learning are often multi-faceted and complex. The most important findings are 3 new learning orientations for part-time students that were identified: 'education for a qualification', 'education for adults who previously made the wrong choice' and 'education for adults as a model for their children'. Furthermore, the findings indicate that learners were satisfied with the programme they were enrolled in because they believed that the qualification would enable them to achieve their vocational aims which were primarily to find a new job, to be promoted and to increase their income. The findings suggest that the programme that was examined was relevant to the world of work, promoted employability and that it made a significant and important contribution to students' career development in a globalising world. / South Africa

Magister Educationis - MEd / The use of Information and Communication Technology (ICT) both in the General Education and Training (GET) and Further Education and Training (FET) bands is viewed as an innovative tool in enhancing a learner-centered approach to teaching and learning. As a result, a number of schools in rural and urban environments in South Africa have been provided with computers and other digital resources to facilitate teaching and learning. This study investigated the use of ICT in the teaching and learning of English First Additional Language (FAL) at Grade 10 level. It set out to discover digital resources and literacies to which teachers and learners were exposed in the English (FAL) classroom, and how these resources were used to enhance learners’ reading and writing skills. Following a qualitative research design, this study made use of classroom observations and interviews to collect data from teachers and Grade 10 learners. The collected evidence was from a single school which uses Khanya Project ICT materials. The school is located in one of the disadvantaged black townships in Cape Town. The study made use of Second Language Acquisition (SLA) theory and the constructivist theoretical framework to make sense of classroom interaction and the extent to which ICT and other teaching strategies were used to facilitate acquisition of English language skills, particularly reading and writing. The findings of the study show that there are a number of factors influencing ICT integration in Grade 10 English (FAL). These factors include teachers’ and learners’ limited access to ICT and digital literacy. Other factors relate to pedagogy and support in the use of ICT in teaching and learning. All the identified factors indicate that there are a number of barriers to ICT integration in English teaching and learning. The study concludes that ICT use has great potential in providing creativity and innovativeness to facilitate language teaching and learning. Given the lack of adequate ICT resources and under-utilization of ICT resources in disadvantaged schools, there is a need to improve teacher and learner access to ICT, especially in disadvantaged schools. This could be done through monitored support and adequate teacher training and active involvement of higher education institutions through teacher training programmes which should prioritize ICT integration in their curricula.

This study was conducted with the purpose of evaluating American community colleges in order to consider their role in the provision of vocational-technical education with specific reference to the Eastern Free State. In order to achieve this, three research methodologies were engaged in. They comprised a documentary study relating to the nature and functioning of American community colleges and to the provision of vocational-technical education in South Africa, an on-site visit to an American community college for the purpose of conducting an in-depth study thereof as well as an empirical investigation undertaken in the Eastern Free State with the purpose of determining the need for the establishment of community colleges in the region. The documentary study of the American community college as well as the on-site visit to a typical American community college have revealed that these educational institutions have been particularly useful to individuals whose educational opportunities have been limited by a variety of circumstances by being plentiful, nearby, inexpensive, offering a variety of programmes and by adhering to an open-door admissions policy that imposes few entry requirements. It has also been revealed that American community colleges have a positive impact on those associated with them, namely, students, commerce and industry, universities and society in general. The documentary study relating to the provision of vocational-technical education in South Africa has revealed that in the past the provision of education in the country has been skewed in favour of the White population, which happened to be in the minority. As a result, the majority of citizens of the country either received little or no education at all. This has resulted in high levels of illiteracy, unemployment and poverty. It has also been found that corrective measures against this state of affairs are currently being undertaken. The empirical investigation undertaken in the Eastern Free State has found that the residents of the Eastern Free State are in favour of the establishment of community colleges in their region. The type of community college that is desired is one that will lead to the upliftment of the educational levels of its students and equip them with marketable skills. Based on the findings of this study, recommendations are made relating to the establishment of community colleges in the Eastern Free State. It has been found that there is no need for the establishment of community colleges alongside the already existing FET colleges in the Eastern Free State. Instead it is recommended that some of the features of American community colleges that have contributed to their success be adopted, adapted where necessary and be integrated into the FET college operating in the Eastern Free State. / Thesis (DPhil)--University of Pretoria, 2005. / Humanities Education / DPhil / Unrestricted

This study aims to address a gap in knowledge about Further Education college flexible learning centres and their contribution to lifelong learning. Flexible learning centres were established as a response to the lifelong learning agenda of the 1990s and are now in the front line in responding to government initiatives to improve employability and foster social inclusion. Their tutors work in a contested area where the boundaries between teaching and supporting learning are blurred and the learning achieved may be undervalued by the Inspectorate and college authorities. This study adopts a qualitative approach of narrative inquiry to analyse the learning culture of the Flexible Learning Centre (FLC) of Hollypark College, focusing on 15 learners’ and 2 tutors’ narratives elicited by episodic interviews. The narratives of learning biographies and work biographies of learners and tutors are explored, supplemented by quantitative data from College databases. The study evaluates the ways in which the pedagogical approach of selfdirected study with tutor support appears to be successful for predominantly mature learners wishing to acquire mainly Information Technology (IT) skills which may enhance their chances of employment or benefit them in other ways. Building on recent work on learning cultures, social capital, well-being and identity theories, the study gives a voice to these learners who are so far unheard and despite the demographic population shift to increasing numbers of older people, are not the focus of current government policy initiatives. Focus on employability which is equated with acquiring skills is seen as too narrow to encompass the wider needs met and benefits accrued by attending the FLC. The findings are that this FLC’s approach is particularly effective for older learners in general in acquiring IT skills. Those made redundant, the retired, those in work and carers who may have been out of the workforce for some time may flourish in this learning environment where mainstream courses cannot offer equivalent flexibility and opportunities to structure their own learning. The learning culture of the Flexible Learning Centre provides a space where such learners may not only acquire IT skills but may also increase their social and cultural capital while opening up new horizons for their future. Tutor/learner relationships are of key importance and the learning taking place should be re-evaluated by the Inspectorate and government alike.

This thesis describes education of teachers at elementary school with a view of legal regulation in this issue. Main attention is given on issues of qualification with concrete research at elementary school in Horní Slavkov. Main goal of my work was to define the status of qualification at the school and to compare it with average values in region and whole republic. Then I tried to find possibilities how to gain qualification for teachers in region and I suggested possible improvements. As method I used the analysis of data and questionnaire survey. In the thesis there are chapters about methods of education, remuneration of teachers and planned ganges in this issue. At the end I suggested some recommendations how to provide qualified staff at school.

För att bedriva sin verksamhet har företag vanligtvis ett affärssystem till hjälp som integrerar företagets IT och stödjer organisationens centrala processer. Vidareutvecklingen av affärssystem kan se olika ut men handlar till stor del om att utveckla systemet i en riktning som följer användarnas krav och önskemål.  Vi har i denna kvalitativa studie undersökt hur en affärssystemsleverantör arbetar med kravhantering för vidareutveckling av affärssystem där vi ämnar att ta reda på vilka utmaningar som kravhantering kan medföra affärssystemsleverantörer. För att kunna svara på detta har vi tagit del av tidigare litteratur samt genomfört fyra kvalitativa intervjuer med olika roller inom kravhanteringsarbetet hos affärssystemsleverantören Infor. Kravhantering kan beskrivas på olika sätt men syftar till att identifiera krav för att hantera dessa tills en lösning är färdig att implementeras i affärssystemet. Vår slutsats visar att kravhantering utgörs av både affärssystemsleverantörers interna krav på affärssystemet samt externa krav som formuleras av olika intressenter. Vidare visar studien kravhantering tillsammans med det studerade företagets strategi är en drivande faktor för vidareutveckling av affärssystem. Vår slutsats visar även att både kommunikationen med kunder samt att affärssystemsleverantörers interna kommunikation tillsammans med prioritering av krav är utmanande. Det studerade företagets branschanpassade affärssystem medför även att det är en utmaning att förhålla sig till den funktionalitet som ska fungera för alla kunder oavsett bransch och samtidigt erbjuda kunder inom specifika branscher en produkt som täcker just deras centrala processer. / To run their business, companies usually have a helpful Enterprise Resource Planning system that integrates the company's IT and supports the organization's central processes. The further development of ERP systems can look different, but is largely about developing the system in a direction that follows the users requirements and wishes. In this qualitative study, we have investigated how an ERP system supplier works with requirements engineering for the further development of  ERP systems, where we intend to find out what challenges that requirements engineering can entail for ERP system suppliers. To be able to answer this, we have read previous literature and conducted four qualitative interviews with different roles in the requirement engineering process at the ERP system supplier Infor. Requirements engineering can be described in different ways but aims to identify requirements for handling these until a solution is ready to be implemented in the ERP system. Our conclusion shows that requirements engineering consists of both the ERP system suppliers internal requirements for the ERP system as well as external requirements formulated by various stakeholders. Furthermore, the study shows requirements engineering together with the studied company's strategy is a driving factor for further development of ERP systems. Our conclusion also shows that both communication with customers and that ERP system suppliers internal communication together with the prioritization of requirements is challenging. The studied company's industry-specific ERP system also means that it is a challenge to relate to the functionality that should work for all customers regardless of industry and at the same time offer customers in specific industries a product that covers their core processes.