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What are the bills, laws and policies that are important to study for the Civil Services Exam?
This is a good question, let's enumerate some important laws which came in the newspapers in the past 12 months.We shall make this post crowd-sourced. And we are planning to reward our contributors by giving them credits* -Detailed Well Presented 100 word Explanation - 2000Giving Valid Links and a Small Brief - 1000Giving Names of New Laws - 500Contributors (As of now) - Jai Parimi, Divya Malika, Prasanna, Ashutosh Pandey, Arihant Pawariya (अरिहंत पावङिया), Divya Choudhary (दिव्या चौधरी), Varsha Singh, Priyanka Peeramsetty, User, Gaurav Kumar, Jagannadh, Arpit Pareek, Nikhil Deshmukh, Harshit Ladva1) The National Judicial Appointments Commission Bill, 2014 and the 99th Constitutional AmendmentA bill to provide for the composition of the Judicial Appointments Commission for the purpose of recommending persons for appointment as Chief Justice of India and other Judges of the Supreme Court, Chief Justices and other Judges of High Courts, its functions, procedure to be followed by it and for matters connected therewith or incidental thereto.Key Issues and AnalysisThe current method of appointments has been examined by various bodies including the Law Commission and the Parliamentary Standing Committee. They vary in the role of the executive and judiciary in making appointments of judges.The composition of the JAC has not been included in the Constitution, but has been left for Parliament to decide by law. This implies that modifying the composition of the JAC would not require a constitutional amendment, but may be altered by a simple majority in Parliament.The Standing Committee examining the JAC Bill has recommended that (i) the JAC be composed of three eminent persons, (ii) the broad parameters for short listing of candidates for HC appointments be laid down in the Bill, and (iii) the center also consider the setting up of state level appointments commissions comprising the Chief Minister, the Chief Justice of HC and the Leader of Opposition.2) Land Acquisition, Rehabilitation and Reservation Act, 2013Objective - The principle objective of the new bill is fair compensation, thorough resettlement and rehabilitation of those affected, adequate safeguards for their well-being and complete transparency in the process of land acquisition. The title has been amended to reflect this.Need - There is unanimity of opinion across the social and political spectrum that the Old Law (The Land Acquisition Act 1894) suffers from various shortcomings and is outdated. Some of these include Forced acquisitions, No safeguards, Silent on resettlement and rehabilitation of those displaced, Urgency clause, Low rates of compensation, Litigation. To say the least, the Old Act needs to be replaced at the earliest by fair, reasonable and rational enactment in tune with the constitutional provisions, particularly, Article 300A of the Constitution.Link - Land Acquisition, Rehabilitation and Resettlement Act, 20133) Companies Act, 2013 (CSR Pref)Objective - Effective from financial year 2014-15, every company, private limited or public limited, which either has a net worth of Rs 500 crore or a turnover of Rs 1,000 crore or net profit of Rs 5 crore, needs to spend at least 2% of its average net profit for the immediately preceding three financial years on corporate social responsibility activities.Impact - The CSR activities undertaken by the companies will benefit hunger and poverty eradication, promoting preventive healthcare, promoting education and promoting gender equality, setting up homes for women, orphans and the senior citizens, measures for reducing inequalities faced by socially and economically backward groups, ensuring environmental sustainability and ecological balance, animal welfare, protection of national heritage and art and culture and many more.Link - Companies Act, 2013, Companies - It's a good articlePRSIndia– This describes the whole of companies act – Checkpoint 135 for CSR4) Right to Information Act (RTI), 2005Objective - Landmark bill, which realized the Right to seek and access Information in line with the interpretation of Art.19(1)(a) of our constitution.Impact - Champion to ensure Transparency and accountability in the governance procedures. it enforces the right of every citizen of India to have an access to the information regarding any money given by the State to any authority, thereby causing such authority to utilize such money reasonably and judiciously and also for keeping a check over their conduct and indulgence in corrupt activities. In 2002, SC’s verdict gave the citizens have a right to know about charges against candidates for elections as well as details of their assets, since they desire to offer themselves for public service and public servants cannot claim exemption from disclosure of charges against them or details of their assets. It is a powerful tool which can be realised in changing social dynamics and needs.Criticism - Debates regarding the ambit of RTI’s scope have been articulated, to be extended, say to the political parties, temples, schools and also privatized public utility companies. Evidences of misusage have come to the limelight, say Naxalites using RTI’s to check the assets of local landlords to loot themGuide to RTI : Page on rti.gov.in5) Special Economic Zones (SEZ) Act, 2005Objective - The SEZ Act is expected to give a big thrust to exports and consequently to the foreign direct investment (“FDI”) inflows into India, and is considered to be one of the finest pieces of legislation that may well represent the future of the industrial development strategy in India. The new law is aimed at encouraging PPP to develop world-class infrastructure and attract private investment (domestic and foreign), boosting economic growth, exports and employmentImpact - The government gets the capital needed to establish the required infrastructure and also the expertise. SEZ’s with relaxed import tariffs help the Import dependent and export driven industries to flourish. SEZ’s create immense employment opportunities and improve the country’s foreign export.Criticism - Practical implementation witnesses several backlogs ranging from regional disparities, grabbing arable land, labour laws issues and supply chain management which fail to be addressed effectively through the bill6) Criminal Law (Amendment) Act, 2013Objective -The government introduced the Bill to redefine the offence of rape and amend the penal laws in line with the recommendations of the Law Commission and the National Commission for Women. The government withdrew the previous Bill and Ordinance, and introduced the Criminal Law (Amendment) Bill, 2013. The changes wrt the ordinance in the act are:Impact - Popularly known as the Anti-rape bill, this came out of the protests of 2012 Delhi Gang rape case.Criticism - For not including certain suggestions recommended by the Verma Committee Report like, marital rape, reduction of age of consent, amending Armed Forces (Special Powers) Act.Some detailed work: http://www.atimysore.gov.in/workshops/wppts/gender_issues/crim_law_amnd_2013_drjagadeesh_jsslaw_college.pdf7) Sexual Harassment of Women at Workplace Act, 2013Objective - To provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto. the protection against sexual harassment and the right to work with dignity are universally recognized human rightsImpact - On a broader line, this ensures safe work environment for women against sexual abuse at work place and is capable of garnering a greater female work force and these are the Major features the act provides for.Criticism - It does not cover women in the armed forces and excludes women agricultural workers, "a gross injustice to agricultural workers. The burden of proof is on the women who complain of harassment. If found guilty of making a false complaint or giving false evidence, she could be prosecuted, which has raised concerns about women being even more afraid of reporting offences. Furthermore, the law requires a third-party NGO to be involved, which could make employers less comfortable in reporting grievances, due to confidentiality concerns.8) DNA Profiling Bill, 2012Purpose - DNA analysis makes it possible to determine whether the source of origin of one body substance is identical to that of another, and further to establish the biological relationship, if any, between two individuals, living or dead without any doubt.Tip - Lawful purposes of establishing identity in criminal or civil proceedings.Impact - It will be essential to establish standards for laboratories, staff qualifications, training, proficiency testing, collection of body substances, custody trail from collection to reporting and a Data Bank with policies of use and access to information therein, its retention and deletion.DNA Data Bank Manager will supervise, execute and maintain this system and a DNA Profiling Board of eminent scientists, administrators and Law enforcement officers will administer and carry out other functions assigned to it under this Act.Link - DNA Profiling Bill - PDF9) Nuclear Safety Regulatory Authority Bill, 2011Purpose - So far, India has excellent record in nuclear safety and radiation safety; but the Central Government intends to promote nuclear energy to meet shortfall in total energy requirement of the country; and whereas such excellent safety record in nuclear safety and radiation safety is required to be sustained for growth in the nuclear energy sector.Impact - Now, therefore, it has been considered necessary and expedient to establish regulators to ensure continued excellence in nuclear safety and radiation safety in all applications of radiation and atomic energy on a large scale.10) Civil Liability for Nuclear Damage Bill, 2010Purpose - As the name itself indicates that it is an Act to provide for civil liability for nuclear damage and prompt compensation to the victims of a nuclear incident through a no-fault liability regime channeling liability to the operator.Impact - Appointment of Claims Commissioner, establishment of Nuclear Damage Claims Commission connected there with.11) IT Act, 2000 and IT (Amendment) Bill, 2006Purpose - It is an Act to provide legal recognition for the transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as "Electronic Commerce", which involve the use of alternatives to paper based methods of communication and storage of information, to facilitate electronic filings of documents with the Government and other related agencies.Tip - It is renamed as the Information Technology Act, 2008Impact - To promote efficient delivery of Government services by means of reliable electronic records.12) National Green Tribunal Bill, 2009Purpose - For the effective disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal rights relating to environment and giving relief and compensation for damages to persons and property.Impact - National Green Tribunal law is enacted in view of the involvement of multi-disciplinary issues relating to the environment and also to implement the decisions taken at Rio de Janeiro and Stockholm Conferences.Link - NGT Bill - PDF13) Monopolies and Restrictive Trade Practices Act, 1969Objective - It is designed to ensure that the operation of the economic system does not result in concentration of the economic power to the common detriment.The act also provides for probation of monopolistic, unfair and restrictive trade practices.Impact - The MRTP Commission if on enquiry concludes that the practice under consideration is of restrictive or unfair in nature , it may:Order discontinuation of the practice and restrict its repetition (cease and desist order ), the agreement shall be void and shall stand modified as may specified in the order. It extends to the whole of India except the State of Jammu and Kashmir.Link - MRTP Act, 196914) Mines and Minerals (Development & Regulation) Amendment Bill, 2008(Coal scam and SC verdict, so important)Objective - To develop and regulate mining & mineral industries and bring it under the control of one union by setting up mineral funds on National level, granting concessions, share benefit schemes while preventing illegal mining.Impact - Safeguards on regulating and safe disposal of waste in consonance with environmental norms will be incorporated. Through implementation of proper taxing and speedy approvals on action against violations illegal mining will be preventedLink - Mines and Minerals (Development and Regulation) Amendment Bill 200815) Whistleblower Protection Bill, 2011It seeks to establish a mechanism to register complaints on any allegations of corruption or wilful misuse of power against a public servant. The Bill also provides safeguards against victimisation of the person who makes the complaint.Highlights of the BillThe Bill seeks to protect whistleblowers, i.e. persons making a public interest disclosure related to an act of corruption, misuse of power, or criminal offence by a public servant.The Vigilance Commission shall not disclose the identity of the complainant except to the head of the department if he deems it necessary. The Bill penalises any person who has disclosed the identity of the complainant.Key Issues and AnalysisThe Bill aims to balance the need to protect honest officials from undue harassment with protecting persons making a public interest disclosure. It punishes any person making false complaints. However, it does not provide any penalty for victimizing a complainant.16) Juvenile Justice(Care and Protection) Bill 2014Objectives: The Bill seeks to achieve the objectives of the United Nations Convention on the Rights of Children. It specifies procedural safeguards in cases of children in conflict with law. It seeks to address challenges in the existing Act such as delays in adoption processes, high pendency of cases, accountability of institutions, etc. The Bill further seeks to address children in the 16-18 age group, in conflict with law, as an increased incidence of crimes committed by them have been reported over the past few years.Coverage: The Bill defines a child as anyone less than 18 years of age. However, a special provision has been inserted for the possibility of trying 16-18 year old committing heinous offenses, as adults. A heinous offense is defined as one for which the minimum punishment under the Indian Penal Code is seven years.17) Citizens Charters & Grievance Redressal Bill, 2011. (CCGR)The Citizen's Charter and Grievance Redressal Bill 2011 also known as The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011 or Citizens Charter Bill was a proposed in Lok Sabha in December 2011. The bill lapsed due to dissolution of the 15th Lok Sabha.The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011 lays down obligations of every public authority towards citizens, specifying delivery of goods and services in a time-bound manner and providing for a grievance redressal mechanism for non-compliance of citizens charter.Highlights :The Bill makes it mandatory for every public authority to publish a Citizen’s Charter within six months of the commencement of the Act.The Citizen’s Charter shall list the details of the goods and services provided by a public authority; the name of the person or agency responsible for providing the goods or services; the time frame within which such goods or services have to be provided; the category of people entitled to the goods and services; and details of the complaint redressal mechanism.Grievance redress officer : It requires every public authority to designate grievance redress officers in all public offices to enquire into and redress any complaints from citizens in a timeframe not exceeding 30 days from the date of receipt of the complaint.Public Grievance Redressal Commissions : The Bill provides for constitution of the state public grievance redressal commission and the central public grievance redressal commission consisting of chief commissioners and other commissioners.Penalty : DA and Commission can impose fine of Max. Rs 50000 to concerned officials/GRO. The penalty shall be recovered from the salary of the official. Such penalty may be awarded as compensation to the appellant.Corruption Prevention : The Designated Authority and the Commissions may refer a matter to the appropriate authorities if there is prima facie evidence of a corrupt act under the Prevention of Corruption Act, 1988. An appeal against the decision of the Central Commission shall be filed before the Lokpal. An appeal against the decision of the State Commission shall be filed before the Lokayukta.Criticism :Against federal Spirit : Citizens’ charter bill provides for GRO and Grievances Commission at state and central level, but Parliament doesn’t not have jurisdiction to enact such law. Only State legislature has jurisdiction to make laws regarding state public services.More than ten states have already enacted a Citizen Charter Act or Public Services Guarantee Act in their respective states. Many of these state laws have provisions that are much better than the proposed Bill.Lack of Autonomy : According to the bill, the commissioners may be removed without judicial inquiry.Duplication of work : Several states have their own grievance redressal laws, The mechanism provided under these laws is different from that provided under the Bill. This will lead to duplication of work and organizations.MNREGA Act, RTE Act, National Food Security Bill, and the Public Procurement Bill also have their own grievances redressal forums. This will again lead to more duplication.Sources :Copy of Bill : Page on prsindia.orgSummery of Bill : Page on prsindia.orgWiki Page : Citizen's Charter and Grievance Redressal Bill 2011Mrual Page : Citizens Charter Bill 2011: Salient Features, Issues, CriticismRediff Page : All you need to know about the Citizen's Charter Bill18) Right to Education Act, 2009The Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE), was enacted on 4 August 2009, which describes the rules and regulations for free and compulsory education of children between 6 and 14 under Article 21A of Constitution. India became one of 135 countries to make education a fundamental right of every child when the act came into force on 1 April 2010.Highlights :The Right of Children to Free and Compulsory Education (RTE) Act 2009 stipulates that private schools reserve 25 per cent of seats at the entry level for children belonging to ‘disadvantaged groups’ and ‘weaker sections’.The Act also provides that no child shall be held back, expelled, or required to pass a board examination until the completion of elementary education. There is also a provision for special training of school drop-outs to bring them up to par with students of the same age.Mentally and physically challenged children, entitled to free education in special schools, were included in the definition through an amendment in 2012.It also prohibits all unrecognised schools from practice, and makes provisions for no donation or capitation fees and no interview of the child or parent for admissions.Criticism :The act has been criticised for being hastily-drafted, not consulting many groups active in education, not considering the quality of education, infringing on the rights of private and religious minority schools to administer their system, and for excluding children under six years of age.Problems faced :Poor Response : Lack of awareness about the Act, inability to meet the distance criteria and difficulty in obtaining necessary certificates from government authorities could be some of the reasons for this.The Act provides for admission of children without any certification. However, several states have continued pre-existing procedures insisting that children produce income and caste certificates, BPL cards and birth certificates.The Act is not applicable to private minority schools and boarding schools.Report on the status of implementation of the Act released by the Ministry of Human Resource Development admits that 8.1 million children in the age group six-14 remain out of school and there’s a shortage of 508,000 teachers country-wide.Conclusion :For all its flaws, the RTE Act is a progressive piece of legislation that aims to take education to the masses and fill the gaps in the social system.Sources :Copy of Act : Page on ssa.nic.inWiki page : Right of Children to Free and Compulsory Education ActHindu Article : Advantages and disadvantages of RTE Act19) Protection of Children from Sexual Offences Act, 2013 (POSCO)Objective – The act aims at ensuring protection of children from sexual abuse.Pros –1. Gender Neutral bill. 53% victims of children are victims.2. Stringent punishment (upto life imprisonment)3. Covers broad range of sexual crimes such as non-penetrative sexual assault, sexual harassment, and the use of children for pornography4. Includes special procedures to prevent the re-victimisation of children at the hands of an insensitive justice delivery system5. Protects victims identity and provides assisting legal, medical and psychological facilitiesCons –1. Criminalises all consensual sexual contact below 18 years age.2. The age provision is not in consonance with other acts.3. Regressive and draconian considering today’s social realities. Children are increasingly aware of each others sexualities at early age.4. Child marriage is prevalent on large scale. The age provision ignores this reality. Liable to bogus and unjustified complaints.Source – The Hindu : Good Act, bad provision20) The Prevention of Corruption (Amendment) Bill, 2013Objective – The act aims to combat corruption in government agencies and public sector businesses in India.Pros -1. Covers the offence of giving a bribe to a public servant under abetment. Specific provisions related to giving a bribe to a public servant, and giving a bribe by a commercial organisation.2. Redefines criminal misconduct to only cover misappropriation of property and possession of disproportionate assets.3. Modifies the definitions and penalties for offences related totaking a bribe, being a habitual offender and abetting an offence.4. Introduces Powers and procedures for the attachment and forfeiture of property of public servants accused of corruption.5. The Act requires prior sanction to prosecute serving public officials. The Bill extends this protection to former officials.Cons -1. The Bill makes giving a bribe a specific offence. There are diverging views on whether bribe giving under all circumstances must be penalised. Some have argued that a coerced bribe giver must be distinguished from a collusive bribe giver.2. The Bill has deleted the provision that protects a bribe giver from prosecution, for any statement made by him during a corruption trial. This may deter bribe givers from appearing as witnesses in court.3. The Bill has replaced the definition of criminal misconduct. It now requires that the intention to acquire assets disproportionate to income also be proved, in addition to possession of such assets. Thus, the threshold to establish the offence of possession of disproportionate assets has been increased by the Bill.4. By redefining the offence of criminal misconduct, the Bill does not cover circumstances where the public official: (i) uses illegal means, (ii) abuses his position, or (iii) disregards public interest and obtains a valuable thing or reward for himself or another person.5. Under the Act, the guilt of the person is presumed for the offences of taking a bribe, being a habitual offender or abetting an offence. The Bill amends this provision to only cover the offence of taking a bribe.Source - The Prevention of Corruption (Amendment) Bill, 201321) Assisted Reproductive Technologies (ART) (Regulation) Bill 2010Objective – The bill aims at legalizing (commercial) surrogacy.Pros –1. Offers legal protection to child and surrogate mothers.2. Regulation of IVF/ART clinics and holding them Accountable for ensuring best medical practices.3. Curbs exploitation of mother. Limits number of child births per mother to five.4. Introduces age limit for surrogate mother – 21 to 35.5. Ensures Child’s citizenship to be same as parents.Cons –1. Legal back up will lead to widespread commercialization of surrogacy, posing serious ethical, moral and philosophical questions.2. Mandatory certificate ensuring legality of surrogacy in foreign couple’s home country needed. Impediments in smooth commercial functioning.3. No provision in the bill if parent’s change their mind or die. Child’s responsibility in this case is debatable.4. Plethora of in-genuine clinics in India. Exploitation of poor and illiterate mothers because of their incapability to understand legalities involved.Source - Issues of surrogacy, PIB English Features22) Biotechnology Regulatory Authority Bill, 2013Objective - The Bill sets up an independent authority, the Biotechnology Regulatory Authority of India (BRAI), to regulate organisms and products of modern biotechnology.Pros –1. BRAI will regulate the research, transport, import, containment, environmental release, manufacture, and use of biotechnology products.2. Regulatory approval by BRAI will be granted through a multi-level process of assessment undertaken by scientific experts.3. BRAI will certify that the product developed is safe for its intended use. All other laws governing the product will continue to apply.4. A Biotechnology Regulatory Appellate Tribunal will hear civil cases that involve a substantial question relating to modern biotechnology and hear appeals on the decisions and orders of BRAI.5. Penalties are specified for providing false information to BRAI, conducting unapproved field trials, obstructing or impersonating an officer of BRAI and for contravening any other provisions of the Bill.Cons -1. The Tribunal has jurisdiction over a ‘substantial question relating to modern biotechnology’ – An ambiguous term.2. The Tribunal will consist of one judicial member and five technical members. This is not in conformity with a SC decision that the number of technical members on a bench of a Tribunal cannot exceed the number of judicial members.3. The Tribunal’s technical members shall be eminent scientists or government officials with experience in the field. It is unclear whether the technical expertise of the latter can be equated with the former.4. The Bill does not specify any liability for damage caused by a product of biotechnology. Therefore, it will remain open to the courts to determine liability arising out of any adverse impact of modern biotechnology.5. Tribunal will not accept complaints from civil society, in spite of the fact that the Bill directly or indirectly affects every citizen. No public consultation done.6. Non clarity over Dept of GoI that will service BRAI. No mention of mandatory labelling of GM crops.7. Takes away rights of states to decide on Agriculture, which is state subject.8. The Convener of the Selection Committee for members of BRAI will be from the Department of Biotechnology (DBT), which is a vendor of genetic engineering (the technology that BRAI is supposed to regulate) in the country. Conflict of Interest will arise.Source - The Biotechnology Regulatory Authority of India Bill, 2013Unconstitutional, unethical, unscientific23) Coal Regulatory Authority Bill, 2013ObjectiveTo set up an independent regulatory body for the coal sector that shall help in the regulation and conservation of coal resources and will benefit all stakeholders i.e. - coal companies, coal consuming industries such as power, steel, cement and coal bearing States and people, directly or indirectly associated with the coal industry.A fund called ‘The Coal Regulatory Authority Fund” is created to credit all the receipts and fees received.Constituents1 chairperson + 4 members. One each from legal , technical , administrative and financial wings. All to be selected by a committee of Group of Ministers (GoM) headed by Cabinet Secretary.What will it do ?Inject transparency in allocation of coal blocks.Decide and Monitor operational norms and mining closure compliances and such.Determine pricing of the fuel and publishing surveys, information, statistics, etc related to coal sector and coal quality.Adjudicate disputes between entities and between entities and other persons.Advise government on technologies, policy, promotion, investment etc.Ref :- The Coal Regulatory Authority Bill, 2013,Coal Regulatory Authority Bill likely in Winter session24) eWaste (Management and Handling) Act, 2011What is it ?E-waste has beendefined as “waste electrical and electronic equipment, whole or in part or rejects from their manufacturing and repair process, which are intended to be discarded”.AIM :-Reduction in the use of hazardous substances in electrical and electronic equipment.Specifying threshold for use of hazardous material including lead, mercury and cadmium.Ministry of Environment & Forest (MoEF) thus introduces the concept of "Extended Producer Responsibility".How will it work ?It fixes responsibilities on every producer, seller, consumer or bulk consumer, collection centre, dismantler and recycler of e-waste involved in the manufacture, sale, purchase and processing of electrical and electronic equipment or components.E.g. :Recycling of E-Waste generated during manufacturing and "End of Life" of electronic and electrical equipments.Setting up of collection centres by companies or individuals to collect E-waste and discard them.Setting up of funds by corporate to boost scientific and eco-friendly disposal of E-waste.CritiqueNo accountability set on anyone.E-Industry remains skeptical of the efficacy of this act.No specific targets set.Ref :- @E-waste management rules kick in today@Page on moef.nic.in25) Prevention of Communal and Targeted Violence Bill, 2011What is it ?The bill is intended to prevent “any act or series of acts, whether spontaneous or planned, resulting in injury or harm to the person and or property, knowingly directed against any person by virtue of his or her membership of any group."How ?The billAddresses identity-based or targeted crimes and organised mass violence as special offences.Places accountability of public officers with varying penalties for dereliction of duty it.Provides for the creation of a National Authority and the State authorities to ensure justice and reparation.Addresses issues faced by specific communities like economic boycott, denial of public service, forced migration , hostile environment etc.Empowers state and center government to intercept any messages and communication that it feels might lead to communal violence.Sets up district level authorities to assess compensation.CritiquesCurbing freedom of expression by terming it as Hate propaganda.Presumption of guilt and burden of proof on the accused – The accused will have to prove innocence.All the persons acting under this Act will have blanket of protection of action taken in good faith.Brings civil servants in direct line of fire by vaguely defining "dereliction of duty".26) Competition Act, 2002The Competition Act was passed in 2002Competition Commission of India (CCI) was established on March 1, 2009 as an autonomous body comprising of a Chairperson and six members.CCI not only hears and investigates cases based on the information received by it, but it also takes suo moto action wherever it finds that a prima facie violationCommission had taken suo-moto cognizance of the reported manipulation of the bids by manufacturers of LPG cylinders for supplying cylinders to the Indian Oil CorporationMany more such notices have been sent by CCI in the Petroleum sector, Agricuture sector etc. taking cognisance suo-moto.Role of trade associationsCompetition law treats the activities of trade associations much like any other form of cooperation between competitors.decisions or recommendations of trade associations are treated as agreements between its members and law may be breached even when they are not binding on the members.CCI imposed a nominal penalty of Rs. 1 lakh each on 27 film producers on charges of colluding through an association to exploit multiplex owners.number of cases involving the associations in the Pharmaceutical sector/Film production etc where CCI has passed orders against the associations and asked them to “cease and desist” from activities that may be anti-competitive in nature.Public Procurement and Competition LawPublic procurement is a contentious issue vis-à-vis application of competition lawpublic enterprises, which are generally the big procurers, are subject to competition assessment.Commission has decided a number of matters, including cartelization in government contracts. Penalties have been imposed on firms to discourage the anti-competitive practices and abuse of dominanceCompetition Commission of India is set to change the rules of the game and play the role of a watchdog to check anti-competitive practices in the markethttp://echoofindia.com/reflex-action/competition-commission-india-4-years-enforcement-competition-law-3216927) Prasar Bharati (Amendment) Bill, 201028) Prevention of Money Laundering Act, 200229) Prohibition of Employment as Manual Scavengers and their Rehabilitaion Act, 2013. (Important, Swachh Bharat Abhiyan)30) Child Labour (Prohibition) Act, 198631) Scheduled Tribes and Recognition of Forest Rights Bill, 200632) Environment Protection Law, 198633) Wildlife Protection Act, 197234) The Electricity Act, 200335) Panchayat Extension to Scheduled Areas Act, 199636) Securities and Exchange Board of India Act, 199237) Factories Act 1948/Amendment Bill 201438) Apprentice Act 1961/ Amendment Bill 201439) The Pension Fund Regulatory And Development Authority Act, 201340) The Real Estate (Regulation and Development) Bill, 201341) Benami Transaction (Prohibition )Act, 198842) The National Food Security Act, 201343) Pesticides Management Bill, 2008*Maximum Credits per Person - 5000**Contributors earning more than 1000 credits <must> -a) Promote to at least 100 people.b) Share this list everywhere. :P :P LOL !Thank you all. :)Thanks for the A2A Anon. :)
What is an unpopular opinion you hold?
In my opinion, prostitution in the U.S. should be legal.*Let me first start by issuing the following disclaimer:I have never been with a prostitute. If legalized, I would not visit a prostitute. I gain nothing by writing this. I am not affiliated with any organization or group that advocates for prostitution.I understand that many women can be offended by this so I ask you to please proceed with an open mind before you kill me with comments below regarding the ills of human trafficking or the morality of it all. First, four background points:A short history of prostitution[1] in ancient Greece and the U.S.The Federal government has left the legality of prostitution to the individual states to decide if it should be legal or not within their individual borders.The state government of Nevada is the only state in the U.S. that has legal prostitution and has left the decision of legalization to each individual county (In Clark County, where Las Vegas is located, it is illegal) rather than a state decision of where and where it is not legal.A review of any Nevada county law or ordinance regarding prostitution will show strict statutes that must be followed. It is a regulated industry. One such statute is that street prostitution is illegal and that prostitution must only take place in a controlled environment called a brothel and not in a residential neighborhood, and not near a school.All workers in a brothel must be registered with the county.All brothels must be licensed.All workers must get tested for STDs and HIV once a week.Legalization significantly reduces human trafficking and street walkers.Legalization significantly reduces underage prostitutionLegalization significantly reduces forced prostitution.Legalization may make it easier for police to find underage and human trafficking (#7–9 above). The legalized brothels are controlled and works to help get women off the street and in a safe environment. Many more streetwalkers will be off the street resulting in fewer ad’s for a “date.” Police may have an easier time and more success in finding human trafficking, underage, and forced prostitution.Police man power for sex crimes and task forces can be reduced due to fewer street walkers, pimps, and John’s to arrest, allowing the police to redirect more availability to more serious crimes .The courts will have fewer prostitution cases to process resulting in other cases being heard and resolved more quickly.Public defenders will have a lighter case load allowing them to spend more time on other, more serious defendants.Legalization significantly reduces men having to be concerned about arrest and having their lives and reputations destroyed.Men (customers) will be safer. No more driving to the “bad” part of town, risking getting robbed, assaulted, or ripped off by a worker.Studies that compare indoor prostitutes (as opposed to street walkers) with non-prostitutes find that they have similar levels of self-esteem, physical health, and mental health. Many indoor prostitutes even report a rise in self-esteem after they begin their indoor work (Weitzer, 2012).Kingley Davis, theorized that prostitution lowers the divorce rate. He reasoned that many married men are unhappy with their sex life with their wives. If they do not think this situation can improve, some men start an affair with another woman and may fall in love with that woman, threatening these men’s marriages. (Kingsley Davis was was an internationally recognized American sociologist identified by the American Philosophical Society as one of the most outstanding social scientists of the twentieth century.)Legalization significantly reduces the acts occurring in seedy motels and the activity that is seen around those neighborhoods.Legalization significantly reduces drug use. A brothel is a controlled environment where no such activity is tolerated.Legalization significantly reduces any guilt or embarrassment by either of the two parties involved.It creates a safe environment for the workers.All brothels are regulated and most follow strict code adherenceAll prostitutes must be tested for STD, HIV, etc once a week (Nevada has not recorded a single case of HIV in a brothel since legalizing Prostitution.)Condoms must be used. There is no option.The women can always choose to not participate with a customer if she does not want to do what the customer wants to do. The customer can choose another partner.All prices of all sex acts are clearly posted and/or menu’s are provided. No negotiations.Brothels provide a clean & safe environment for all parties involved.Creates a new source of tax revenue.“Let’s assume that 50 million acts of prostitution occur annually in the United States (it is closer to 70 million), and that each of these acts costs an average $30. Putting these numbers together, prostitutes receive $1.5 billion annually in income. If they paid about one-third of this amount (admittedly a rough estimate) in payroll taxes, the revenue of state and federal governments would increase by $500 million.” (resource)Removes “Red Light Districts” and moves everything into a controlled environment.Prostitution was legal in the U.S. up until 100 years ago (1920) when it became illegal due to the religious moral reasons. Are we still making laws based on religious reasons?Prostitution has long been illegal due to moral reasons. To that point consider this:Who is to say what is and is not moral in this day and age? Homosexuality, black/white relationships, and sodomy were all once illegal.Sodomy laws in the United States, were inherited from British criminal laws with roots in the Christian religion. Christian religion no longer dictates U.S. law and is a violation of separation of church and state.If we follow British rule of law (which is what U.S laws are based upon), prostitution is legal. Therefore, American law should follow, right? (I personally do not agree on this point.) There are certain restrictions however.In the case, Lawrence v Texas, 539 U.S. 558 (2003), the U.S. Supreme court, in a 6–3 decision, struck down Texas State law (and therefore 13 other states) that made Sodomy illegal between consenting adults. This is significant because Lawrence v Texas overruled a previous Supreme Court decision, Bowers v. Hardwick in 1986 that found a Georgia statute banning sodomy, was valid because the Constitution did not apply to constitutional protection of sexual privacy. By reversing the 1986 decision, the Court ruled that intimate consensual sexual conduct was part of the liberty protected by substantive due process under the 14th Amendment.Legalizing Prostitution would give the workers a right to unionize and be entitled to certain protections.The spread of STD’s and HIV could be significantly reduced (condom use).Worker injury (whatever that might be) would be covered under OSHA.Workers could possible be entitled to benefits such as sick time, paid time off, and even vacation and retirement planning.Workers would receive health benefits.Strip Clubs are legal and the activity in these clubs comes very close to a brothel. Why is it permissible to watch a woman (of her own free will) remove all her clothing in public and dance naked for money but she cannot, of her own free will, have human contact of her own free will.Two (or more) consenting adults, agree to have sex with each other, and get paid to have sex with each other. That’s prostitution, right? No, there is a loophole. XXX rated movies. These actors get paid to have sex but because they are being filmed for commercial purposes and claim it as an art form, then that’s ok, They are not breaking the law. Hmmm…Roe v. Wade. This might be a stretch but Roe v Wade gives a woman the right to choose what happens to her body and focuses on reproductive rights. It mentions personal autonomy. Personal autonomy is a key provision here. Can such an argument be referenced for what a woman decides to do with her body, such as participating in prostitution? (For more on personal autonomy, see Part IV of this John Marshall Law Review article. See also this Yale Law School Legal Scholarship Repository article.)“Corruption would be rampant.” This is a baseless statement. Lets be realistic. There is corruption with every single job on the planet including, Police, Politicians, Priests (and other religions), Judges, teachers, social workers, Stock Market (money managers), etc. Are all priests, police, or teachers bad? Of course not. The majority of all workers and professionals are good, honest, hardworking people. Just because a woman is a prostitute does not make her a bad person. I cannot say why a woman would want or need to do this sort of work, but the reason is not for any of us to judgeA U.N. report found "very low" rates of sexually transmitted infections among the sex workers of New Zealand, a country whose total decriminalization of prostitution many advocates consider to be the gold standard in sex work policy. NZ - it's a great place to be a prostituteFormer US Surgeon General Joycelyn Elders thinks it makes no sense to ban prostitution simply because it objectifies women: “Why are we so upset about sex workers selling sexual acts to consenting adults?” she asks. “We say that they are selling their bodies, but how different is that from what athletes do? They’re selling their bodies. Models? They’re selling their bodies. Actors? They’re selling their bodies.”Recently, in the 9th Circuit Court of Appeals, an appeals judge asked, why it should be “illegal to sell something that’s legal to give away?” Other judges have said the 14th amendment and Lawrence v. Texas does not apply to Prostitution because that is not what those who wrote the 14th amendment nor the Supreme Court Justices had in mind. Really? How is that known? The ruling references Personal Autonomy.Prostitution can be a controlled and regulated industry. Without regulations, we get what we have today….street walkers, drug addicts, abused women etc. This profession is known as the worlds oldest profession. It’s not, nor will it ever, go away. It was completely legal in all the U.S. until only 1920.We can waste tax payer money by continuing sting operations, arresting offenders who will only turn around and go right back to the street after posting bond or, we can provide a safe and regulated place for all involved and redirect police resources to truly hurtful and dangerous crimes.I cannot imagine anyone who would rather drive to a seedy part of town, risk arrest, getting robbed, contracting an STD, and embarrassment by arrest, versus going to a place that does not hide the truth and provides safety for all parties.I’m not an attorney or an advocate, but in my eyes, the only reasons prostitution is illegal is because nobody is willing to write the rules and because of those who define morality. Bt who defines morality? Does your morality have to be my morality? It is not the same thing to all people. I guess that falls to the court system…the same court that once outlawed sodomy, sex between two males, and black/white sex.In my opinion, the decision to have sex between two consenting adults, whether it be for money, food, or Winnie the Pooh stickers, is and should be, between the adults involved. There needs to be, like all other legal matters, rules and restrictions put into place to protect everyone. And no need to reinvent the wheel. We can use New Zealand, Amsterdam, and Nevada as the blueprint for policy. All objections such as STD’s, HIV, corruption, exploitation, etc, are really just from people who object to the activity and have no desire to make it legal and they are absolutely entitled to their opinion, but I don’t care for alcohol and there are some religions that forbid drinking it, but that does not mean we should outlaw alcohol due to moral and religious beliefs? We already tried that in the U.S. and it failed miserably, in part because all kinds of mobs and corruption materialized. Al Capone made his living from running illegal moonshine and secret “speakeasy’s.” Those speakeasy’s and running moonshine (all the illegal activity) vanished right after alcohol was legalized again.Human nature is such that if we want something bad enough, we will find a way to get it. That is why there is and has always been prostitution. We’ve legalized marijuana, alcohol, same sex marriage, abortions, segregation, sodomy, and so many other “once illegal” activities. The illegal fixation on prostitution pales in comparison to the benefits for all parties involved including the workers, the customers, the tax payers, the government, and the public at large.(Reed Saxon/AP)EDIT: The word. “Eliminates” used in my opinion are too definitive as Sean Patrick points out in his comment below. I agree. I am changing the word to “reduces.” Also, I added a TON more points to and links. My apologies to the first 18K readers who did not read this revised version that has more clarity.Edit #2:Human Trafficking has become a very hot topic lately which has created many non-profit organizations to help those who are involuntarily forced into being a “sex slave” with little hope of escape. I fully support & agree with such organizations to the point that modern day slavery of any type should not and can not be tolerated anywhere, in any country. While these organizations are doing a terrific service by building awareness of a problem that needs addressing, I do not agree with everything they advocate, specifically their attempt to keep prostitution illegal and that it is bad for everyone everywhere. There is research, commissioned by Human Trafficking groups, that show even legalized prostitution in Nevada is detrimental and is known to have forced labor and so I want to address that concern, that legalizing will not put an end to human trafficking and actually increases human trafficking (this is what some research reporting has concluded).First, everyone should always be wary of any research commissioned by groups that want to prove their point as valid. It almost goes without saying that these groups would bury the report if the research showed the opposite of what they theorize and want others to read.Second, brothels are regulated in Nevada and should be heavily regulated. Las Vegas does a pretty good job of regulating anyone working in a gaming environment by requiring every worker to obtain and carry a “Sheriff’s card” (also called a Work Card.)This card can only be obtained by a person who is sponsored by an employer who has agreed to hire them. You cannot obtain a card before being employed, only after being offered a job by an employer. This does not completely stop problems but certainly makes things more difficult for the illegal activity to occur. In fact, Las Vegas already requires that those working in brothels have such a card even though prostitution is illegal in Clark County (where Las Vegas is located.)As you can see from the following sample, the questions are specific and more detailed questions can be added including a private, in-person interview with a deputy or agent who can ask the worker specific questions such as “Are you being forced into this work?” “Do you need help with an addiction?” “Why have you chosen to do this work?” “Has anyone threatened your safety if you do not obtain this card or work in the profession?” The workers can be required to renew the cards annually with an interview.Here is a sample application for a Sheriff’s card.https://www.lvmpd.com/en-us/Documents/SampleWorkCardApplication.pdfWith proper regulations, many concerns are addressed and for those who continue to participate in trafficking, pimping and smuggling of humans, the penalties should be made more severe and as severe as possible.————————————————————————-Footnotes and Further Reading that might apply to this opinion:Federal MaterialSearch U.S. Supreme Court DecisionsSearch U.S. Circuit Courts of Appeals DecisionsSearch LII Preview/ Analyses of Supreme Court Cases1st Amendment to U.S. Constitution4th and 5th Amendments to U.S. Constitution14th Amendment to U.S. ConstitutionSearch the Annotated Constitution of the United StatesU.S. Supreme Court: Historic Right of Privacy-Personal Autonomy DecisionsGriswold v. Connecticut, 381 U.S. 479 (1965)Stanley v. Georgia, 394 U.S. 557 (1969)Roe v. Wade, 410 U.S. 113 (1973)Paris Adult Theatre I v. Slaton, 413 U.S. 49 (1973)Whalen v. Roe, 429 U.S. 589 (1977)Bowers v. Hardwick, 478 U.S. 186 (1986)Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992)Lawrence v. Texas(2003)State Judicial DecisionsN.Y. Court of Appeals:Commentary from liibulletin-nySearch N.Y. Court of Appeals DecisionsAppellate Decisions from Other StatesOther ReferencesGood Starting Point, including a short history of Prostitution and the following references:Turkington & Allen-Castellitto Privacy Law: Cases & Materials, West Group (2002)Barry, K. (1996). The prostitution of sexuality. New York, NY: New York University Press.Brewer, D. D., Potterat, J. J., Garrett, S. B., Muth, S. Q., John M. Roberts, J., Kasprzyk, D., et al. (2000). Prostitution and the sex discrepancy in reported number of sexual partners. Proceedings of the National Academy of Sciences, 97, 12385–12388.Bullough, V. L., & Bullough, B. (1977). Sin, sickness, and sanity: A history of sexual attitudes. New York, NY: New American Library.Bullough, V. L., & Bullough, B. (1987). Women and prostitution: A social history. Buffalo, NY: Prometheus.Clinard, M. B., & Meier, R. F. (2011). Sociology of deviant behavior (14th ed.). Fort Worth, TX: Harcourt Brace.Davis, K. (1937). The sociology of prostitution. American Sociological Review, 2, 744–755.Federal Bureau of Investigation. (2011). Crime in the United States, 2010. Washington, DC: Author.McCaslin, J. (1999, October 13). Vaginal politics. Washington Times, p. A8.Meier, R. F., & Geis, G. (2007). Criminal justice and moral issues. New York, NY: Oxford University Press.Ordway, R. (1995, May 26). Relaxation spas perplex officials. The Bangor Daily News, p. 1.Ringdal, N. J. (2004). Love for sale: A world history of prostitution (R. Daly, Trans.). New York, NY: Grove Press.Rosen, R. (1983). The lost sisterhood: Prostitution in America, 1900–1918. Baltimore, MD: Johns Hopkins University Press.Stanford, S. (1966). The lady of the house. New York, NY: G. P. Putnam.Weitzer, R. (2009). Sociology of sex work. Annual Review of Sociology, 35(0360-0572, 0360-0572), 213–234.Weitzer, R. (2011). Legalizing prostitution: From illicit vice to lawful business. New York, NY: New York University Press.Weitzer, R. (2012). Prostitution: Facts and fictions. In D. Hartmann & C. Uggen (Eds.), The Contexts reader (pp. 223–230). New York, NY: W. W. Norton.Footnotes[1] Social Problems: Continuity and Change
Do certificates matter in IT?
Short answer: YesDetailed answer:If you have no professional experience but you want to work in the IT field, you will need a certification. If you have no professional experience or certifications in your resume, most likely you will not be invited for any interview.For example a company that need a junior network field engineer. The HR will receive many resumes then they will filter these applications before start calling for interviews. If you have no proven professional experience or certifications, you wont be invited for an interview.What about guys with proven processional experience? Well if I have multiple candidates for a job. All of them have the same qualifications and experience but some have certifications while other don’t. I will prefer the one with certifications. Not just because the certified person may know little more but also because getting the certifications require good planing and commitment which are great soft skills to have.Another reason is that companies may get discounts from some manufacturers when they hire certain number of some certifications holders.Certifications is also a good way to ask for a raise :DCertification programs, and their credential holders, can be extremely attractive to prospective employers for numerous reasons:New employees: Because of the consistency that certification programs bring to the credential process, employers have a reasonable level of assurance regarding the quality of skills and level of expertise found in such credential holders. Most certification programs include clearly defined program goals and standards that describe what credential holders should be able to do and what skills and knowledge they must possess upon earning the certification. These programs also define assessment criteria, such as passing at least one written exam, where some IT certifications require multiple exams to earn a credential. Sometimes, lab exams are also required to ensure that candidates can translate “head” knowledge into direct practical application. Certification programs ensure that candidates have the requisite knowledge and possess the technical skills necessary to meet the goals and quality standards associated with the certification program.Existing employees: Certifications programs also benefit employers in terms of addressing skill gaps among existing staff. For example, it’s not uncommon for internal IT organizations to find themselves in a position where entire departments get reorganized and staff gets assigned to new projects. Or perhaps one company merges with another entity, creating new areas of responsibility. Managers may suddenly find themselves scrambling to find qualified individuals from within a current pool of employees. Certification programs can be one way to address critical knowledge and skill gaps quickly through hurry-up training for in-house staff when hiring from the outside or obtaining other resources internally is not a viable option. Certification training programs provide existing employees with key critical skills and enable them to get up to speed quickly on new technologies.Ongoing training: Certification programs are a great way for employers to ensure that employees’ skills don’t become dated and go stale. Many certification programs require continuing education credits to maintain their credentials. Other programs only remain current until the next major product release, at which time credential holders must recertify on the new platform. Once a certification is earned, many credential holders are reluctant to lose their place and will gladly take the actions necessary to recertify. By recertifying, employers are assured that the skills of their employees remain fresh, and that they’re able to meet the challenges of new and emerging technologies.HR considerations: Most companies, particularly large companies, have well-defined, well-organized human resources (HR) departments. These departments are integrally involved in all aspects of the hiring process. In fact, it’s not uncommon in some large companies for the HR department to handle the entire hiring process, including prospective candidate interviews.Read the full article here → Why Employers Like Cert ProgramsFor folks interested in Cisco and CompTIA certifications I highly recommend AlphaPrep.net. AlphaPrep is Cisco, CompTIA and Pearson partner so everything is always up to date and legit. Other thing that makes AlphaPrep a great choice is the low cost study bundles available and the “Machine learning test preparation” which is by far the best exam prep system available.If you are interested in study groups:CompTIA A+ Exam Prep + Study GroupCompTIA Network+ Exam Prep + Study GroupCompTIA Security+ Study Group | FacebookCisco CCNA Exam Prep + Study GroupCISCO CCNP Prep + Study GroupUpvote if you find this useful.Comment if you have a question or something to share.Follow if you are interested in reading more about computers and networks.Related Questions:Should I learn for knowledge or for certificates?I want to learn hacking. How should I start?Which site is the best for Cisco exam dumps?What are the best certification courses for networking?What kind of job can you get with a CompTIA A+ Certification?How much is the recent cost of CCNA and CCNP certifications in India excluding the training?Which is the better certification, CCNA (routing & switching) or AWS?What should I prefer: Java programming or CCNA-CCNP?
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