Reflecting on past
events is essential. It tells us trends. And very different points of view. It
also points to issues before us. And hopefully it helps us learn and find a
better way ahead. “Follow effective action with quiet reflection. From the
quiet reflection will come even more effective action” said Peter Drucker.
So let us review
the ER in 2014. This is the third part in the series of blog-posts.
[This
review is being published in parts. The fourth part will be published in two
days.]
The
TCS imbroglio
I was about to
start penning my thoughts when the IT world ‘eruptions’ could no longer be
ignored. HR people everywhere seem to have taken notice. Ms Renjini Mary Joseph
[a Tissian settled in Johannesburg] sent this message to me:
Hello Patwardhan sir: Hope that you are well.
Although I don't respond to your blogs, I am an avid reader of them (whenever I
get some time, that is). It's quite sad that I don't really follow all the
Indian labour news though, simply because I am trying to catch up with South
African labour law and incidents here. However, the TCS incident has triggered
some serious thoughts in my mind. I have been following the incident quite
closely. I saw the link that you shared and I wanted to know where you stand,
sir. I know both sides of the story, the organisation that needs to bring in
fresh thoughts, and more billing and therefore, senior personnel can be fired.
I heard they are hiring 55000 freshmen. But what about the people - 25000 people
who served the organisation for 10 years or so; what about the reputation of
the brand? The least they could have done was to be more consultative, let them
know in advance so that they are better prepared, give these senior people an
option of applying for the 55000 jobs at junior level. Also, what was HR doing?
Their role in this is vital. Shouldn't someone be held responsible for such a
hasty decision? If it wasn't a hasty decision, why this process? I feel this is
totally inhuman. Am I missing something? I feel miserable, although I or anyone
close to me has nothing to do with this. :( I would love to hear what you have
to say about this?
You can’t keep quiet after receiving such
an appeal. So here are my views, and I am aware that there can be many facets
of the issue. So readers are welcome to leave their view in the comment, a good
discussion will have a great learning value for all.
What is the issue?
While the word used in many news reports
is ‘lay-off’ it means retrenchment in Indian labour Laws. Lay-off word is
borrowed from USA, it has a different meaning here.
TCS has decided to retrench 25000 of
their techies. That’s one report. And TCS says it is just 3500 who are asked to
go!
The problem is on four counts [a] the
number getting retrenched is very large, it is bound to recoil on TCS, [b] the
stigma of being labelled ‘under-performer’ and the associated fear that they
may not get a job elsewhere, and [c] since it is unprecedented, there are
rumours of the real reason being something else, not really the weeding out of
under-performers, [the memories of Satyam are still fresh in the minds of
people] and left as a food-for-imagination of rumour mongers, [d] what should
IT organisations do if they have a downturn, or wish to shed people
not-adequately-skilled.
Add to this the fact that union formation
in IT/ ITES sector is simultaneously gaining ground. Readers will recall that
UNITES has recently formed a Federation after registering the union in six
states, Maharashtra, Andhra, Telangana, Tamil Nadu, Karnataka, Kerala. [See myblog post].
Here is a news report:
CHENNAI: Apprehending unrest in the Indian
information technology (IT) industry, New Democratic Labour Front (NDLF), has
joined trade unions like the left-wing CITU, right-wing BMS and the
Congress-backed INTUC wooing IT employees.
NDLF inaugurated its IT Employees Wing on
Saturday and urged techies to join them to achieve collective bargaining
strength. "Almost 10,000 IT employees have engaged with us through the web
and telephone. We want to urge these employees to join the IT union started by
us for their benefit," P Vijayakumar, state treasurer of NDLF and
co-ordinator of the IT employees wing said.
Going by the account of removal finding
publicity, this has not been handled well by HR, at least in some cases. There
is a rumour that over one hundred HR personnel also have been removed! Phew!!
The antiquity of labour laws is once
again in the focus now, as also the issue of fairness in handling separations. While
this entire issue of separations must be handled with sensitivity that it deserves,
the fact also remains that business realities will force organisations to take
steps to cut down the staffing. The scale is simply too big, mind-boggling
actually, and the number will look large when some separations are to be
managed.
Labour laws of this country deny that
flexibility. And those laws essentially made keeping realities of manufacturing
sector in mind may be [perhaps they are actually] woefully inadequate for the
IT/ ITES industry.
It is time to ‘make in India’ – what to make
in India, Mr Modi? The answer is ‘suitable labour laws which will be based on
new age business realities.’
Let us watch Renjini, this is certainly a
defining moment for IT industry.
Nokia
We once again begin taking stock of the ER events in 2014. The earlier
parts have covered strikes and lockouts, and this part covers closures.
Two stories on closures gripped the ER scenario – Nokia and Foxconn. A
closure hits earning of [usually] the breadwinner so it hurts people very
badly. While newspapers cover the stories cryptically, very few articles cover
the impact as felt by people – a sociological angle.
There was an exception. Read the Nokia story in Business Today. Here is the
Link. Death of a dream
Frontline story observed,
‘On
October 7, the Nokia management announced that its plant at Sriperumbudur on
the outskirts of Chennai would “suspend its operations” with effect from
November 1. It has transferred most of its production work to its facility in
Vietnam. As many as 5,700 of its 8,400 employees in the plant, 3,800 of them
women, had been forced to take the voluntary retirement scheme (VRS) offered by
the company.
Many
of the workers, the majority of them women, had no other alternative but to
accept it. About 10,000 others, who are indirectly employed, have also been
laid off. Today the facility has 1,100 workers, including a few apprentice
operators, on its rolls. These are people who refused the VRS offer. They face
an uncertain future.’
Nokia was like a woman who is
deserted by her husband and shunned by father – [or Amma!].
Almost 50% of Nokia’s workers
were women.
Foxconn
While Nokia handled the issue of
closure with some sensitivity, Foxconn showed its characteristic style. The
company announced suspension of operations from Dec 22 although the actual date
as announced earlier was Dec 24.
Since 70% of parts manufactured
from the facility were served to telecom major Nokia, the closure was imminent.
That meant 2500 workers were going to be rendered jobless! Not to mention those
in the ancillary units.
Kingfisher
While sympathies of people are
for the employees of Nokia and Foxconn, such was not the case initially when
Kingfisher nosedived [that’s what Kingfishers do!] in deep waters. But that
mood changed. The man who changed it was none other than Vijay Mallya. The
public opinion was so much against him that nobody is shading a tear for his travails
that followed.
The women employees of Kingfisher
wrote and open letter titled ‘Shame Mallya’ to Vijay Mallya which found its way
to the press, you may read the full text here.
And here is a para I quote from it:
…..
.....We understand corporates like you feel elated by looting public banks and
other institution but why you never thought twice before denying us our
wages.....
Is
it not true that some of the cabin crews were forced to serve in your nasty
parties and your guests like you use to misbehave with them and whoever didn't
agree to this she was tortured and harassed. If this is not true please come
forward and deny this in front of the whole world…..
….Your
plush lifestyle, ways and business ventures have been known to the world. It's
laughable then to listen to your excuses. We wonder at times how a person can
be so insensitive to human feelings and emotions. Mr. Mallya if there is any
shame left in you then come and meet us and have a first-hand look at the kind
of lives that we are leading. It will surely then make u realize that a human
existence is far more important than breeding horses or running your emotions
in the F1 track or playing your luck through the IPL players.
Vijay Mallya will never understand
the plight of the employees, his name will go down in the history as the man who
destroyed an industrial empire carefully built by his illustrious father.
Spicejet
Looks like Spice jet is also
suffering from the Kingfisher disease. This story is still unfolding and I
wonder if the end will be any different.
Ambassador
Finally Hindustan Motors called it
a day. Nobody shed tears. They suspended operations in May and offered VRS to
its 2600 workers in November. In May 2014 the wages were not paid for six months.
This closure would not have been surprise to anybody.
While industry must survive so
also the people for whom industry is created in the first place. And we are at
a critical stage where the Government has the most unenviable job of balancing
between the two.
So much about the IT industry's woes, and some heart-breaking stories of
closures.
Before we stop here in this second part, here is a food for thought:George Eliot says, "In every parting there is an image of death."
[You may recall here that the late Justice Mr Krishna Iyer labelled termination
of service of an employee as ‘economic death.’]
And I will reach out to you in the fourth part to continue this review.
What’s your response to this blog-post? Do write, your comments will further
learning of ER professionals.
Wishing you a very Happy New Year,
Vivek S Patwardhan
"What you leave behind is not what is engraved
in stone monuments, but what is woven into the lives of others."