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Topic : Employment Law
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Business and Law

 
Started by : Madhurima Roy, Legal Consultant   12 03 2008 12:32:37 +0000
Industry : LawFunctional Area : Strategy Execution(Strategy & Execution)
Activity:  158 views;  last activity : 07 06 2010 20:18:09 +0000

Companies looking to cut costs amid the economic slowdown & most probable way of doing that is by layoffs. Companies look to minimize the risk of legal disputes and avoid being on the wrong side of local laws and regulations.

What is the best advice you will give to a company who is planning to layoff its employees?

 
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1 2 3 4 5
1 Identify Potential Candidates
2 Apply Throughput Model Against Cost Model
3 Placement
4 Legal Standpoint
5 Take care of the employee
6 We can not avoid Layoffs, But what we can do is to grow our economy and jobs
7 Remuneration

Identify Potential Candidates

idea posted by Madhurima Roy Legal Consultant
Lawyers should help in identifying potential redundant candidates. Companies should identify those candidates whose lay off will not interfere with the law like who are either serving their probationary period or those who were engaged with the firm for not more than a year.
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by Pugaleanthi , Lawyer/Attorney, S.P.Associates  | 05 29 2009 13:00:35 +0000

True, identification of potential candidates would be the better option provided the same is done genuinely by adopting the right proccess without any bias or favour, which inturn would give beneficial result, and yes experience should naturally be given preference in such a process.

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by Anagha Thakur, Corporate Lawyer  | 04 15 2009 12:19:37 +0000

Murali " LAst In First Out " ???

Hmmm...why do you think the last person been hired should be the first one to lay off. Its not about how much experience you have inthe field or how much time you have spent working with the organisation. Its how much you are capable of. What you can do for the organisation. Skills you posses. etc. Depending upon these factors identify potential candidates.

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by M.S.Lalkumar , Head/VP/GM-HR, Gulf Consolidated Contractors  | 01 21 2009 08:22:53 +0000

Identification of employees to be done by proper management process such as performance appraisal etc.  Underperformed employees to be short list first,  but performance appraisal has to be transparent, there has to be a self appraisal, face to face counelling so that the employee knows his weakness and short comings which should be documented.  When actions such as lay off is initiated against such employees giving them the aforesaid reasons, they know well that it is due to their underperformance during the current period.

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Apply Throughput Model Against Cost Model

idea posted by RanjithKumar Panjabikesan, PMP IT Account Manager, Delivery Director, Global IT

Cost Model and ThroughPut Model

The Cost Model doesnt work for Organization Benefit.

Key criteria to make decisions on Project resources and budget is if the net impact on the Organization's Overall  goal is positive or negative. Cost Model doesnt provide the correct answers in terms of What is the best for the Organization. It doesnt help to clearly distinguish project choices to decide which projects are of top priorities. In this model, People who are not being billed have the risk of being laid off.

On the other hand, The throuput model suggests the number one focus should be on the throughput which is essential for long term health. The definition of Throughput is based on Dr Eli Goldratts Theory of Constraints Model. In a FOR PROFIT organization, Throughput is the money collected from the Customers minus the money paid to external vendors to produce products or services.  The Throughput is not recognized until money is collected from customers. Therefore throughput is not a fantasy benefit of the project rather money generated by the project.  By focusing on Organizations throughput as a top priority any expenditure that doesnt help to generate throughput in the organization is a waste. This provides ways and means to identify and eliminate waste from system.

Three primary measurements for any project - THROUGHPUT (T), INVESTMENT (I) AND OPERATING EXPENSE (OE) . If a  project has to have a Positive effect on Organization Goals It must do one/all of the following

1. Increase Throughput (T) 2. Reduce Investment  (I) 3. Reduce Operating Expense (OE)

Cost vs Throughput Model

One big differnce between Cost and Through put model is in the understanding the dependencies that exist between elements of cost and Through put.

In the Cost Model, the project manager looks at eliminating elements of Project cost as inherently good.  The impact on throughput is not visualized. Each element of cost is not considered in light of its dependency or relationship to throughput.

In the Throughput Model, the relationship between T, I, OE is constantly visualized, For example in a R and D project, if Product Development cost is reduced in the R & D idea, it will not deliver to the  needs identified to the market research or it will not deliver in time for sales to meet goals. This cost reduction has a negative Impact

“Throughput model ensures the organization chooses the right mix of projects, with sufficient projects so as to meet the organization goals.”

 

Source :  PG : 59, 60 Advanced project portfolio management and the PMO

 By Gerald I. Kendall, Steven C. Rollins

Source :  PG : 59, 60 Advanced project portfolio management and the PMO

 By Gerald I. Kendall, Steven C. Rollins

 

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Placement

idea posted by Diwan.Mohammed Talha.N HR , ATLAS INDIA - CANADIAN CONSULTANCY SERVICES

Manager must possess vision one step ahead than an eagle. He must have vision for coming future and can smell the up and downs of the forth coming hardcore circumstances. Before Recruiting Employees, the picture must be very Clear in his mind regarding Future Controversies, at the same time if circumstances come for Layoff then He must use his valuable Business Relations in the Market to Set his Employees in those Different Companies. This will create value for the Company and its Manager at the same time Employees will feel safe as they are Placed well through their Shelves. For this, he must start working well before, with vision and Planning so that at the time of Fire he do not requires to Dig a well. He can well Settle those Employees who were going to be laid off due to lack in Business, Global Recession or Due to Seasonal Recession without any Stress and Grievances. But, it is not Everyone's Cup of Tea.

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Legal Standpoint

idea posted by Kannan Project Management Consultant

How come no one is looking at the legal question? India is supposed to be arcane in its labour laws - which means it should have stringent penalties / rules to prevent companies from a "hire and fire" policy. Interestingly, rumor maybe, I've heard that ALL layoffs that have happened in India are legally "resignations".

Why is there a silence from all the legal luminaries on this? Please ...

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Take care of the employee

idea posted by Vivek Kumar Gupta Director Sales and Marketing, Aeroto Boldrocchi India Pvt. Ltd

An organisation is not the name on the billboard , or a p&l summary statement.  The most important insignia and soul of an organisation are it's employees , whether in good times or bad.

Given this situation , for any sensible (and long term centric organisation) , it should not be just the law and/or corporate whim that should decide such actions. Formally speaking , a 3 months basic salary is the norm for such separation , but for an employee who has to start afresh in times of uncertainty , he would be taken care for some time if the organisation can do it's best to protect the financial interests.

Also , in such situations , options of work on part time and / or reduced wages should be looked at as first option.

 

 

 

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We can not avoid Layoffs, But what we can do is to grow our economy and jobs

idea posted by RFox Design Consultant, consultant

We can not avoid layoffs in companies. Companies will come up and they will grow and at some point of time it may go down, thats the reality of free economy. But what we can do is create a condition suitable for new companies to come up, new innovative ideas to grow. And which will create more jobs and so layoffs will not a big issue as it is today in India. Government policies make a huge part in job creation, by building infrastructure, roads, rails etc. and making the environment and laws to create new and innovative industries to grow.

And also what we can do is make things fair, both for employers as well as the employees. When sales go down, company will have to cut their workforce. We can not stop it. But what we can do is treat the laid-off employees with dignity and fairness. Employees should be given the right severance. Also companies should stop portraying their employees as under performed and all those BS. First of all company is under performing. Thats why they are laying off. So stop blaming your own employees, instead blame your top executves who take the business decisions, who create company strategies. The low level employees are just following what they are told to do. So layoff is due to underperformance of the company.. PERIOD

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by Sudeep Tarafdar, Senior Consultant, IBM  | 05 11 2009 06:48:25 +0000

i totally agree with you,,...whoever it is RFOX design....yes one can't avoid layoffs but they are happening more so due to the companies decision and its strategies...so its got nothing to do with employees but more with the employers...

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Remuneration

idea posted by Anoop Gupta Legal Consultant
First of companies should try to avoid layoffs but if in case if it is inevitable than employer should say in the employee handbook that they'll give two weeks' pay in lieu of layoff notice or something like that, that's a policy they have to follow then or try to resolve by giving 60 days' notice or comparable salary to employees before massive layoffs.
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by M.S.Lalkumar , Head/VP/GM-HR, Gulf Consolidated Contractors  | 01 21 2009 08:18:44 +0000

Advance notice as envisaged in the local labour law has to be issued to the employees who are earmaked to be laid off clearly stating that due to reduction of work consequent upon the global recession or any reason whatsoever it may be, so that employees get enough time to react and the actions of the employer is well within the labour law.

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by Sudeep Tarafdar, Senior Consultant, IBM  | 12 03 2008 13:50:50 +0000

yes the least the business owes these workers is the dignity of advance notice, a chance to get their lives in order before they're out on the street. Decisions to close or relocate a facility require planning, legal work and negotiation should be made long in advance.

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