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A fixed full-pay
term grants executive freedom to play a
riskier game than they otherwise would |
It
used to be a nightmare; walk into office and find yourself out of
a job-even if you don't get to hear the precise phrase Donald Trump
wants to trademark ('You're Fired!'). It used to make one spring
up sweating in the middle of the night. Now it's beginning to sound
like some sort of a paid holiday-ever since severance deals have
found their way into job contracts.
That Lucrative Cut
Smart job negotiators knew about it all along.
The golden parachute. Spoken of in murmurs as some sort of a corporate
myth for years, it has revealed itself to exist-right here in India-and
it's best if you acquaint yourself with it, even if you don't fear
a premature sacking.
So what is a golden parachute? "Simply
put," explains Atul Vohra, Managing Partner, TranSearch International,
"this protects you against a sudden downturn. In case you find
your position eliminated due to strategic reasons, or your employer
decides to leave the country, which basically means that you lose
your job for a 'non-cause' issue, or if your situation with the
new management is untenable, you will still be compensated for the
remainder of your contract. Simply put, it is a fixed-term contract-you
cannot be arbitrarily fired before it is over."
As an example, Vohra mentions the marketing
chief of an insurance firm. "The person had a two-year contract
with over nine months still to go," says Vohra. "His position
was made redundant, and he was still paid for the remaining nine
months after he was asked to leave."
"Sometimes," adds
Sonal Agrawal, Senior Director, Accord Group India, "companies
retain employees on the rolls as it is perceived to be easier for
them to find a job if still employed." Otherwise, the old market
rule applies: the more risk-laden the job, the better the severance
terms. Top positions that are acutely sensitive to twists in market
conditions, for example, are most likely to have parachute-loaded
clauses. In the volatile TV media business, Sandeep Goyal's case
is still talked about. In 2002, he left Zee TV, which he was running,
but was remunerated as if nothing had changed, till the 2004 expiry
of his original contract-on the condition that he would not start
another company or work for someone else.
It all depends on contractual details. "Usually,"
clarifies Vohra, "the compensation continues as long as the
person finds a new source of income, whatever that may be."
Terms of Severance
There's market logic to assuring someone the
security of a fixed full-pay term, especially in 'fledgling' or
'high-risk' industries. It grants executives freedom to play a riskier
game than they would otherwise; and under extreme competition, high
risk is sometimes needed just to survive, let alone deliver high
returns. "Fixed-time contracts are a norm nowadays," says
Sunil Lulla, Executive VP, Sony Entertainment Television, who sees
it as a necessary shield to be able to do a good job. As the former
CEO of the doomed web start-up Indya.com, he speaks from his own
dotbust experience. "I can't tell you much about myself, other
than to say that I got a good package when I was relieved of charge,"
he says, adding, though, that everyone at Indya got a "generous"
severance package.
SIGN-ON BONUSES |
Are fat sign-on
bonuses back? Not exactly. "Depends on the industry actually.
There are substantial sign-on bonuses in media, telecom and
FMCGs," says Arun Das Mahapatra, Managing Partner, Heidrick
& Struggles India, "but in other sectors there really
isn't too much happening."
According to Sonal Agrawal of Accord, the idea of sign-on
bonuses is to lure executives to sign up by compensating them
for the money they would have to forgo under current contracts
by switching jobs. "They average between Rs 20 lakh and
Rs 50 lakh, depending on the company and position. But if
a person is really wanted, companies can offer more than a
crore. But frankly, that only happens in certain sectors."
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According to Arun Das Mahapatra, Managing Partner,
Heidrick & Struggles India, the dotbust experience has woken
executives up to golden parachutes. "I expect to see more and
more such contracts," he says. "In fact, I expect these
contracts soon to become normal for senior executives in India."
While regular cheques till-your-next-job are
becoming the severance norm, says Agrawal, some executives prefer
clean-cut lump sum payouts. This is particularly so if the parting
has been bitter, since bit by bit cheque-dependence could involve
sustained trauma. Clearly, what works best for whom is not easy
to establish.
Mozarella Partings
Getting contracts right is no easy task. Agrawal
recommends the services of 'career transition' firms (such as Drake
Beam Morin) to help corporates work out the messy details of severance-particularly
if it is not a clean cut. Often, the links endure for a while. Some
corporates like to continue using some of the advisory services
of employees asked to attend office no longer. Typically, this happens
in job-overlaps resulting from mergers, and such ex-executives are
often granted access to regular office facilities. The hp-Compaq
and Standard Chartered-ANZ Grindlays are cited as examples by hr
professionals.
So are we witnessing a new era of post-parting
benevolence driven by market forces? Not quite, says Gangapriya
Chakraverti, Head (Compensation Packages), Mercer hr. At least not
in any broad sense across sectors. "Golden parachutes as defined
by international corporations is still a long way away in India,"
she observes, adding that the broader trend is towards allowing
ex-employees to retain the company house, car and other such facilities
after the parting. The big difference, though, is that companies
in India do not axe people quite so summarily either-partly because
low salaries make space for some deadwood aboard, and partly because
of a benign corporate culture. Remember, unlike in the West, India
has no publicly-funded safety net to catch people when they fall.
Risk-taking high performers, however, see it differently-and are
demanding contractual safeguards not from benevolence, but as an
incentive to perform well.
-additional reporting by Swati Prasad
SPOTLIGHT
Partha Rakshit
Partha
Rakshit
Roll your eyes, grate your
teeth-whatever else you do on hearing 'exit poll', the man you won't
escape is Partha Rakshit, Managing Director, ACNielsen, a leading
pollster. He's in the spotlight for all the wrong reasons, defending
statistical psephology at a time it has begun rhyming with astrology.
Just three states' predictions went wrong, he avers: Bihar, Gujarat
and UP. States where small vote swings make huge differences. "Voter
inhibition or what we refer to as the 'fear factor' may have led
them to not revealing correctly the party that they have voted for,"
he says. "Moreover, the sample for exit polls tends to be a 'self-selecting'
one and not a random sample," he adds. So much for the science of
it.
-Amanpreet Singh
COUNSELLING
Help, Tarun!
I am a 25-year-old electronics and communication engineer working
with a multinational firm as a project planner. My two-year contract
is set to run out in another six months. The company is passing
through a financial crunch and my contract has a good chance of
not being renewed. I have tried looking for a similar job elsewhere
but am finding it difficult to get one as most companies do not
have a post of project planner. Should I continue in this industry
or move on to an industry where there is more demand for my skill-sets?
It is better to be in an industry or a function where you have a
competitive advantage rather than a disadvantage at the beginning
of your career. From this point of view, you are not so badly placed.
That doesn't mean you can't try your luck in other industries, although
you may find it a little difficult at the time of making the switch.
You should look for a career where your qualifications and your
work experience prove an advantage. If you must go in for a change
of industry, try to get into a company where electronics and communications
engineering are critical functions. Alternately, you could go in
for a change of functions. You could switch from project planning
to functions such as instrumentation or information technology.
That would also be a lot easier for a person of your background.
I am a 28-year-old marketing professional
working in the cement industry for over two-and-a-half years. I
am a science graduate with a diploma from a second-rung B-school.
My company has not been doing well and has decided to go in for
lay-offs. I feel I am going to be one of the first to be laid off
because of my inability to meet targets. This has created a feeling
of uncertainty that has affected my work. Should I quit?
It may not be such a bad idea to quit. Your
problems are symptomatic of what any person in a dead-end job would
face. With your science background and the management diploma, you
can easily land another job either in a bigger company in the same
industry or in some other industry. Just remember this: non-performers
meet the same fate everywhere, mass layoffs or not. So, do better
in your next job and make sure you meet the expectations of your
new employers.
I am a 44-year-old mechanical engineer
with an MBA working for the last one-and-a-half years as an area
sales manager with a machine tools marketing company. I have over
20 years of experience marketing capital equipment and industrial
engineering products. I recently got to know that my subordinate,
who is far less qualified and has just four years of experience
in the industry, gets much better remuneration than I do. I have
tried discussing the matter with the department head but he refuses
to take up the issue with management. What should I do?
You could try talking to someone in your company's
hr department or someone higher up on the subject. Apart from obvious
considerations such as qualifications and work experience, intangibles
such as dynamism and the ability to get along with and impress people
also influence the salaries that executives get. The reason your
colleague gets paid more than you do could be one of these intangibles.
If your meeting with the hr people fails to sort out the problem
to your satisfaction, you could always explore other options. There
must be plenty of openings out there that would do a person of your
qualifications and experience justice. However, make sure you do
not leave in a huff and have a new assignment in hand before putting
in your papers.
I am 42 years of age and have been working
as a manager with a nationalised bank for the last 18 years. I feel
my career has reached a plateau and am thinking of pursuing the
CFA course offered by the Hyderabad-based ICFAI. How beneficial
would the course be? Should I take up a management course with specialisation
in Finance or will the CFA certificate hold good if I decide to
go in for a career in financial consultancy services sometime in
the near future?
If you are thinking in terms of a career in
financial consultancy services, a CFA course would be an extremely
useful thing to have. This is assuming that you do not already have
a qualification as a CA or an MBA. However, you must note that though
CFA can be obtained on a distance learning basis, doing a full-time
MBA-the only kind that carries any weight in the job market-will
mean leaving your job or taking long leave.
Answers to your career concerns are contributed
by Tarun Sheth (Senior Consultant) and Shilpa Sheth (Managing
Partner, US practice) of HR firm, Shilputsi Consultants. Write to
Help,Tarun! c/o Business Today, Videocon Tower, Fifth Floor, E-1,
Jhandewalan Extn., New Delhi-110055.
Wallets
Get Bulkier
HR consultants expect
a greener year.
Appraisals.
It is that time of the year when you either think your company can
do nothing wrong, or nothing right. Just as last year witnessed
a corporate increase of an estimated average 11.5 per cent in salaries,
human resource consultants are expecting a double-digit jump this
year as well. "Salaries are expected to boom for it, ITEs,
biotech and consumer retail, but the big assumption is political
stability," says a cautiously optimistic K. Pandia Rajan, Chairman
and MD, Ma Foi Management Consulting. Managerial salaries across
40 industrial segments (excluding public sector units) are expected
to witness an average increase of 12 per cent for 2004-05, concludes
a Ma Foi report.
India's robust growth story spells bigger investment
opportunities. Beyond that, a strong dose of competition could result
in an all-out battle for talent. A Mercer HR Consulting report on
compensation practices in Asia Pacific highlights such pressure
on salaries in India. "This financial year would see an increase
of 13 per cent year-on-year," says a senior executive at Mercer
India. Now that's one lucky number, wouldn't you say?
-Aditya Wali
Wider
Expanse
A wider swathe of
sectors is getting 'hot'.
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The retail engine: Nothing less than
a job explosion |
The
Indian job market had three hot stories for a while: it, it and
it. With the sudden economic turnaround, the breadth of sectors
filling its ranks with fresh recruits is set to widen. "There
is all-round growth in the job market, and it's here to stay,"
says Nirupama V.G., Executive VP at TeamLease, a leading hr outsourcing
services firm. From FMCGs to retail, banking to insurance, and
business services to manufacturing, the action is back. And it's
not just for MBAs. "A 10th class pass can get a retail job
and a 12th class one in the auto ancillary sector," says
Nirupama, "A diploma holder can land a data entry job, while
a degree holder can find place in the ITEs industry, and for a
techie, it's it and manufacturing."
Yet, the BPO sector remains the hottest,
even as policy go-aheads are awaited for others. "The new
government is expected to open up more sectors for foreign direct
investment," says A. Venkat Madhavan, Director (HR), Ernst
& Young. "So retail, media & entertainment, and telecom
will see a lot of action in the coming days."
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