Archive for August, 2011

The social cost of outsourcing

August 29th, 2011

National carrier Philippine Airlines (PAL) recently decided to outsource its catering, call center and ground handling services. This will affect over 2,600 employees but will give PAL billions of savings in operating costs.

PAL contends that outsourcing is the norm in the industry worldwide and is necessary if they want to remain competitive. Despite a ruling from Department of Labor and Employment allowing PAL to do this, its union recently held a protest motorcade and is threatening work stoppage.

This situation is certainly not unique as outsourcing has become a strategy that more and more companies are considering.

Pros of outsourcing

Many organizations believe that in today’s cutthroat environment, they have no choice but to cut down costs if they are to remain competitive. Outsourcing presents an opportunity for cost cutting.

Contractual employees do not need to be given the benefits of regular employees. Nor do their salaries escalate because annual increases are not required. Contractual employees cannot also be part of a company’s labor union and are thus not entitled to any negotiated increase in pay or benefits.

There are also those who argue that outsourcing has the potential to increase productivity. Given stringent labor laws regarding letting go of employees, it is easier to fire a contractual than a regular employee if they are not performing.

This puts pressure on workers to constantly prove themselves and prevents them from relaxing on the job.

As technology drives changes in systems and processes, it is also changing the nature of jobs and their skill requirements. For employers who do not have the capability inside their organizations it is simpler to outsource these jobs.

Cons of outsourcing

But the benefits also come with social costs. Most outsourced workers have little in the way of benefits. Unless they are able to put aside money conscientiously, there will be little to spend in case of emergencies or medical needs.

Outsourced workers will also have no retirement benefits. Once they are of retirement age, who will bear costs of support for elderly? This puts immense pressure on the state to have a robust social welfare system.

There are also psychological costs of outsourcing. In her article ‘Managing Contingent Employees,’ Katrina Supangco found out that contractual workers feel like outsiders or second-class citizens in an organization. They are insecure about their employment and worry about the future because of the absence of insurance and pension benefits.

In the study, even line managers expressed difficulty in managing contractual employees because of the constant need for training and the inability to supervise them directly. They also note that contingent employees do not have a sense of loyalty to the organization. Yet how can we expect them to feel engagement or malasakit for an organization that they are not really a part of? It is not surprising if contractual workers have adopted a transactional mind-set that does not bode well for employers.

Organizations may also find that outsourcing and the constant flux of talent it creates makes it difficult to develop a reliable pool of talent and their desired culture.

This is not to say that companies shouldn’t outsource. It is certainly a legitimate business strategy and can help an organization become more competitive. But companies should also be cognizant of the costs of outsourcing especially when carried to the extreme.

Organizations that are thinking of outsourcing should consider the following questions:

– Are the positions essential to the business?

– Are the service level expectations clear?

– Are there adequate service providers who meet the company’s standards of quality?

– Are there systems to adequately train and evaluate performance of contractual employees?

– Are there mechanisms to ensure that contractual workers are treated humanely by their agency?

– Are there means to ensure security of critical information?

Beyond assessing the necessity for and what to outsource, organizations need to ensure the readiness of their leader to motivate and manage employees who are not really theirs.

Organizations also need to be able to manage the impact of outsourcing on company culture.

The decision to go into outsourcing is not a simple one. Organizations need to consider the social costs of outsourcing and assess their readiness for it. Strategies can be copied. Technology can be bought. Ultimately, it will still be people who will implement strategy and use technology in organizations. Whether full time or not, the success of organizations still depends on their people.

Source:http://business.inquirer.net/15561/the-social-cost-of-outsourcing

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Injunction forbidding Costa Mesa from outsourcing jobs is upheld

August 29th, 2011

An injunction prohibiting the city from outsourcing employee-performed work to private companies will remain in place after the California Court of Appeal in Santa Ana threw out the city’s petition to have it lifted.

The three-judge panel — consisting of Acting Presiding Justice William Rylaarsdam, and associate justices Richard Aronson and Raymond Ikola — dismissed Costa Mesa’s 43-page petition for a writ of mandate on Thursday, according to the Daily Pilot.

“Courts continue to reject any justification for the City Council majority’s outsourcing scheme,” Orange County Employees Assn. spokeswoman Jennifer Muir said in a news release. “We sincerely hope this latest rebuke by the courts will motivate the council to abandon its needless campaign against its employees and all the residents who have urged them to stop dismantling the city.”

In a prepared statement of their own, city officials said they were undeterred. “Obtaining writ relief is difficult,” City Attorney Tom Duarte said in a news release. “It is even more difficult still where there is a right to appeal the original ruling, which is the case here. The city will now proceed with a formal appeal of the trial court’s preliminary injunction ruling.”

Source:http://latimesblogs.latimes.com/lanow/2011/08/costa-mesa-barred-from-outsourcing-jobs.html

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ASX signs outsourcing deal with Deutsche Boerse

August 29th, 2011

Deutsche Boerse has won a key outsourcing deal with ASX Ltd, giving the German group a boost in the battle between the world’s top exchanges to supply emerging stock markets.

Deutsche Boerse, which plans to merge with rival NYSE Euronext, said on Monday its settlement arm Clearstream had struck a deal with ASX to provide collateral management services.

“There is immense pressure on trading firms to make better use of their collateral, and this is only going to increase as tighter regulation takes effect next year,” head of global securities financing at Clearstream Stefan Lepp said.

Outsourcing will enable ASX to offer clients a collateral service more quickly and cheaply than if it had built a platform itself – a key requirement with banks facing tough collateral restrictions, the companies said.

Global regulators are clamping down on banks’ liquidity management practices following the financial crisis and plan sweeping changes to make firms more accountable for their market exposure.

The agreement, the value of which has not been disclosed, comes just six weeks after Boerse delivered a similar collateral management service in Brazil.

Deutsche Boerse said the service was proving popular among international exchanges, regulators and central banks because it handled collateral remotely, meaning the liquidity itself remained in the domestic banking system.

“This is the first service that outsources collateral management functionalities for another country without requiring the underlying collateral to move out of the domestic infrastructure,” Mr Lepp said.

The deal is the latest example of the world’s largest exchange groups moving to reduce their financial reliance on trading and focus on recurring revenue sources.

Exchanges, which draw the majority of their income from fees charged on orders, have suffered in the past three years as trading has stayed way below the record levels of activity prior to the financial crisis in late 2008.

The value of share trading on all exchanges was just $US63 trillion ($A60.45 trillion) last year and $US61 trillion in 2009, down from $US114 trillion in both 2007 and 2008, World Federation of Exchanges data shows.

In the seven months to the end of July this year, $US37 trillion had been traded globally.

Deutsche Boerse, with rivals the London Stock Exchange, NYSE Euronext and Nasdaq OMX , has sought to offset this decline with more reliable income sources, such as data and technology licences.

Packaging and selling their systems to smaller, growing exchanges allows the large stock market groups to draw additional revenue from the investments they made in their own technology.

The world’s main exchanges plough tens of millions of dollars into systems to stay competitive and meet the needs of increasingly tech-savvy clients, so the groups relish the opportunity to claw some of this back by re-selling systems.

The LSE struck deals with the Central and Eastern European clearing house in June and the Mongolian Stock Exchange in April.

NYSE Euronext backed the Qatar Exchange last September, and Nasdaq signed the Swiss Exchange and Russia’s RTS in June.

Deutsche Boerse and NYSE Euronext agreed a $US10.2 billion merger in February this year but need the approval of the European Commission, which is studying the proposed combination to ensure the deal would not hurt competition.

Source:http://www.businessspectator.com.au/bs.nsf/Article/DBoerse-wins-Aussie-deal-in-exchange-arms-race-L73XK?opendocument&src=rss

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Phone giant hikes stake in BPO firm

August 29th, 2011

The technology unit of network giant Philippine Long Distance Telephone Co. (PLDT) has upped its stake in a business process outsourcing (BPO) firm that specializes in high value back office services.

In a disclosure, PLDT said wholly-owned unit ePLDT Inc. had agreed to buy out its partner Quantium Solutions International Pte. Ltd. (QSI) in ePDS Inc.
The PLDT subsidiary currently owns 50 percent of ePDS Inc., while QSI and DataPost Pte. Ltd. own 20 percent and 30 percent, respectively.

The BPO specializes in data formatting and printing, automated intelligent mail processing, manual letter-shopping, data archiving and document management solutions.
Under the deed of sale signed on Wednesday, ePLDT will acquire about 17 of QSI’s stake in ePDS. QSI would sell its remaining 3 percent stake in the BPO firm to DataPost.

“The completion of the purchase transactions is expected to take place in the third quarter of 2011,” PLDT corporate secretary Lourdes Rausa-Chan said in a disclosure.

“Upon completion, QSI will cease to be a shareholder of (ePDS Inc.),” said ePLDT, which in turn will end up with a 67-percent stake in the BPO firm. DataPost will hold the balance of 33 percent.

Officially set up in June 2003, ePDS unified the expertise of these three companies in IT, printing and mail enveloping outsourcing services and mail distribution to gain a superior position in providing total customer communication solutions.

ePLDT, a wholly owned subsidiary of the Philippine Long Distance Telephone Company (PLDT), is the principal corporate vehicle of the PLDT Group’s information and communications technology (ICT) assets and investments, focused on enabling ICT infrastructure services which would drive Internet applications, IP-based services and multimedia content delivery to consumers and business worldwide.

In the meantime, DataPost Pte. Ltd. is a subsidiary of Singapore’s SingPost, the largest postal service provider in Asia. Paolo G. Montecillo

Source:http://business.inquirer.net/15223/phone-giant-hikes-stake-in-bpo-firm

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India confirms tough data law will not apply to Indian BPO suppliers

August 29th, 2011

The Indian Data protection law, which was introduced a couple of months ago, created uncertainty in the outsourcing sector.

The new law looked like putting lots of extra work on suppliers providing BPO. A few lawyers I spoke to at the time said it was still quite unclear how the law would hit Indian outsourcers but it did seem clear that they would be hit in some way.

But the latest is that BPO companies in India will actually be exempt from the rule and will rather have agreements with the companies they are working for. So no change then? Read the Times of India article about it here.

Nasscom, the industry body representing Indian suppliers said at the time that clarification would come.

The law, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, was introduced earlier this year. It is hoped that it would alleviate fears that data such as credit card details are at risk when handled by an Indian BPO, because no data protection law existed. But it looked like it was going to place a major burden on the Indian suppliers.

The new rule is section 43A of the Indian IT Act. According to the Times of India in May the rule states “that a corporate shall have to obtain permission through letter or fax or email from each client before collection of sensitive information. Thus, BPOs will have to inform the client regarding purpose of usage before collection of such information, if they go by the new IT rules 2011.”

This would create additional work and potential hurdles for Indian suppliers obtaining consent from the customers of their clients.

Kit Burden , Lawyer at DLP Piper said, at the time the law was being talked about, that there has been a lot of panic, mainly from the US.

He said after going through the legislation he interpreted it as meaning the consent only has to be given once. This would be given by the controller of the data, who would be the client of the service provider.

He welcomed the new legislation and he says if Europe accepts it as being as strict as its own it would negate the need to put workarounds in contracts.

He told me today that there was a storm in a teacup. “There is no way the Indian government would introduce anything that would jeopardise one of the success stories of its economy.”

Is this a cop out by the Indian government or was it always the plan?

Source:http://www.computerweekly.com/blogs/inside-outsourcing/2011/08/indian-confirms-tough-data-law-will-not-apply-to-indian-bpo-suppliers.html

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Should You Sue Your Offshore Outsourcing Provider?

August 29th, 2011

Dispute resolution is always an important consideration when outsourcing IT. If that fails, however, you can always sue if your provider has breached the contract.

“Yes, you can litigate,” says Edward Hansen, partner with law firm Baker & McKenzie. “But you probably shouldn’t.”

Outsourcing lawsuits are notoriously difficult to prosecute, can create such a distraction that it puts the organization at operational risk, and rarely benefits either party in the long term. Offshore outsourcing litigation is even more complicated.

“Sometimes, however, litigation is necessary to resolve outsourcing disputes when all other reasonable or contractually obligated means of solving the problems in the business relationship have been exhausted,” says Shawn C. Helms, attorney in the technology transactions and outsourcing practice at Jones Day.

How do you know if it’s time to take your offshore outsourcing provider to court? Ask these six questions first.

1. What is the nature of the dispute? “There is a huge difference between discussing litigation in the context of a vendor who is underperforming versus one who has been negligent or violated a trust,” says Hansen. “For example, breaching the privacy provisions of an agreement is very different from failing to deliver on transformational savings.”

A well-drafted contract will contain remedies for a privacy violation. Underperformance can be murkier. There may be something about the underlying economics of the deal that encourage bad performance, says Hansen, or you may have chosen the wrong partner. In either case, litigation is unlikely to solve your problems.

2. Do you have informal dispute resolution processes at your disposal? “A good contract will provide many alternatives to a suit,” says Brad Peterson, partner in the business and technology sourcing practice of Mayer Brown. Look for dispute resolution provisions within your deal’s project management or governance mechanisms.

In addition, most contracts will layout “mandatory, mandatory, detailed, multilayered and gradually escalating dispute resolution processes,” says Shawn C. Helms, an associate with law firm Jones Day, starting with informal dispute resolution procedures all the way up through litigation. “Most outsourcing disputes are resolved confidentially through out-of-court settlements so that service providers can protect their business interests and customers can maintain an ongoing relationship with the service provider.”

3. Can you withhold payment? Customers may seek to use financial leverage to right a wrong. Some contracts will contain a provision call “Right of Set-Off” or “Right to Withhold Disputed Payments.” These allow the customer to deduct from payments otherwise owed to the service provider amounts of money representing damages that the customer claims the service provider caused as a result of failing to perform its obligations under the contract.

“If the service provider disputes the amount of the deduction, it may be required by a forum selection clause in the contract to file a lawsuit in the U.S. to have a court resolve the dispute, or it may be required by an arbitration provision to arbitrate the dispute in the U.S.,” explains Robert Kriss, a partner and litigator at Mayer Brown. “In the meantime, the customer holds onto the disputed amount or deposits it in an escrow account, depending upon the terms of the contract.”

4. Do you have a binding arbitration clause in your contract? A well-written deal will contain a provision obligating parties to arbitrate any disagreements through a neutral arbitration body such as the American Arbitration Association or the International Chamber of Commerce. That becomes especially important with offshore outsourcing, says Helms, “because foreign courts are often more likely to enforce an arbitration ruling against a local provider than a ruling by a U.S. court.”

Many countries have agreed by treaty to enforce arbitrated judgments. Just make sure the arbitrating organization is one whose awards are enforceable in the country where the outsourcer’s assets are located.

5. Where is your offshore provider based? “You have to determine first how you would enforce a judgment,” says Kriss. “If the offshore outsourcer’s assets are located in a country that will not enforce judgments rendered by U.S. courts, then you will have to bring suit in the country where the assets are located. Indian courts, for example, will not directly enforce the U.S. judgments because the U.S. is not a “reciprocating territory” under Indian law. And pursuing litigation in India can be painful. “The Indian court system is infamously slow,” says Helms. And bringing a suit against a vendor in its own country may not be worth it anyway. “The outsourcer may have a home court advantage,” adds Peterson.

6. Is there money to collect? Should you decide to sue your provider, a court may decide in your favor, but you remain responsible for collecting your judgment. And there may be little money to chase. A court may decide in your favor, but it won’t collect the judgment for you. “Offshore outsourcing companies often have few assetsthey may be leasing their facilities and equipment and paying out cash to the owners as soon as it is received. The offshore outsourcing companies with assets may have those assets pledged to first-priority lien holders,” says Peterson. “Thus, even if the U.S.-based customer manages to get a judgment against the outsourcing company, there may be little or no cash to collect.”

Make sure your vendor is not what the legal community calls “judgment proof” before you look to the courts for restitution.

Source:http://www.networkworld.com/news/2011/082611-should-you-sue-your-offshore-250160.html?page=1

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Wipro sets up first rural BPO centre in Tamil Nadu

August 29th, 2011

Wipro BPO today inaugurated its first rural centre at Manjakkudi village in Tamil Nadu to capitalise on literate talent pool available in the region.

The Manjakkudi centre in Tamil Nadu has a capacity of 120 seats, and will open with a 50-seat pilot project for an international client in the retail sector.
Wipro plans to expand its rural BPO operations to 500 seats by March 2013 in Tamil Nadu and to replicate this BPO model in other states in the near future, Wipro said in a statement.

“Rural BPOs are a crucial part of the development of our country as a business leader,” Wipro BPO Senior Vice-President and Global Head Manish Dugar said.
Graduate students between the age group of 21 to 25 will be employed in the Manjakkudi Wipro BPO centre, delivering a range of services to customers across industry sectors.

“…rural BPO centres, is to take on the bulk data processing jobs. Rural BPOs are also allowing educated people in villages earn a good livelihood without leaving the region and bringing a new level of financial stability to these communities and individuals,” Dugar added.

The Manjakkudi BPO centre benefits from a fully-equipped IT and physical infrastructure, which complies with standard security and regulatory requirements.
The centre will be focused on delivering world-class outsourcing services, while connecting this rural community to the world of global business.

Source:http://www.moneycontrol.com/news/business/wipro-setsfirst-rural-bpo-centretamil-nadu_580547.html

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