Termination of Employees


Most employees are hired for an indefinite period. If no length of employment is agreed upon, employment is “at will.” This means that an employer can discharge such an employee at any time for any reason or without giving any reason. Unions generally negotiate a change in this rule for the employees they represent. Most union contracts contain a clause that permits discharge only for good cause.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Advertisements

Company Self-Concept


A major determinant of a firm’s success is the extent to which the firm can relate functionally to its external environment. To achieve its proper place in a competitive situation, the firm realistically must evaluate its competitive strengths and weaknesses. This idea—that the firm must know itself—is the essence of the company self-concept. The idea is not commonly integrated into theories of strategic management; its importance for individuals has been recognized since ancient times.

Both individuals and firms have a crucial need to know themselves. The ability of either to survive in a dynamic and highly competitive environment would be severely limited if they did not understand their impact on others on them.

In some senses, then, firms take on personalities of their own. Much behavior in firms is organizationally based; that is, a firm acts on its members in other ways than their individual interactions. Thus, firms are entities whose personality transcends the personalities of their members. As such, they can set decision making parameters based on aims different and distinct from the aims of their members. These organizational considerations have pervasive effects.

Ordinarily, descriptions of the company self-concept per se do not appear in mission statements. Yet such statements often provide strong impressions of the company self-concept. The following excerpts from the Intel Corporation mission statement describe the corporate persona that its top management seeks to foster:

The management is self-critical. The leaders must be capable of recognizing and accepting their mistakes and learning from them.

Open (constructive) confrontation is encouraged at all levels of the corporation and is viewed as a method of problem solving and conflict resolution.

Decision by consensus is the rule. Decisions once made are supported. Position in the organization is not the basis for quality of ideas.

A highly communicative, open management is part of the style.

Management must be ethical. Managing by telling the truth and treating all employees equitably has established credibility that is ethical.

We strive to provide an opportunity for rapid development.

Intel is a results-oriented company. The focus is on substance versus form, quality versus quantity.

We believe in the principle that hard work, high productivity is something to be proud of.

The concept of assumed responsibility is accepted. (if a task needs to be done, assume you have the responsibility to get it done).

Commitments are long term. If career problems occur at some point, reassignment is a better alternative than termination.

We desire to have all employees involved and participative in their relationship with Intel.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

 

Termination of Agency Agreement


  1. Termination by expiration of the specified period in which the agent has to act. The courts say that the agency was for a “reasonable” time if no specific duration was stated in the agency agreement. The meaning of “reasonable time” is construed by the courts on a case-by-case basis, depending on the nature of the agency, the difficulty of accomplishment, and other controlling factors.
  2. Termination by specific agreement to do so between the principal and the agent.
  3. Termination by death or legal incapacity (insanity and so on) of either the principal or the agent. Most courts also hold that bankruptcy of either the principal or the agent terminates the relationship. However, the agent may still dispose of the principal’s property that is being held at the time of the bankruptcy.
  4. Termination through revocation by the principal. The agency contract is one that the principal is allowed to end at any time without giving any reason.
  5. Termination by withdrawal of the agent. This may be done at any time in an agency at will. If the agent is operating under a contract for a specified time of service or until a certain event is accomplished, the agent will be liable of damages to a principal who was not at fault in bringing about the termination.
  6. Termination by loss or destruction of the subject matter or by change of circumstances. The agent’s authority is lost if the subject matter is seriously disabled, lost, or destroyed.
  7. Termination by rescission. The general rules of law concerning rescission apply to agency contract.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

 

Selecting your Foreign Agent


  1. Your agent should be a national of the country where you aim to do business and should have experience in your industry or product line.
  2. The agent should not be involved with a competing company or product, but could be representing a complimentary line.
  3. Do your own checking of references. Have your banker check your agent’s bank references.
  4. Where credit is an issue, get a credit report from a local credit agency.
  5. Check at least five or six of the agent’s references: clients, customers or other business contacts relevant to your business.
  6. Visit your prospective agent in the foreign country and ask to come along on customer calls. Watch carefully how clients, secretaries, and purchasing agents respond to the agent.
  7. Since the personal relationship is so important in business abroad, the contact person must be someone who can negotiate for your company and who has authority to sign a contract on the spot.
  8. Make sure responsibilities are clear. The agent is typically responsible for promoting your interests and products, but it is no standard procedure as to who pays for what. For example, the agent can design local advertising campaign and pay for it, or bill you, or, conversely, you must provide advertising.
  9. If possible, make the written contract with your agent short-term and nonexclusive so that you have a safety valve. However, it is essential for you to treat it as an exclusive arrangement and to establish a strong mutual long-term commitment. Many agents will not consider a contract that is not exclusive or that does not continue for several years.
  10. Consult a local attorney before making any commitment to a national. It is difficult to get out of an agent agreement, so terms of termination and other “outs” should be established in the beginning. Agency laws in foreign countries are changing rapidly and legal problems arising from small mistakes can put you out of the market permanently

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Change and Satisfaction


Organizational change can be protracted and costly. For example, termination payments to people and penalties relating to changed property arrangements can both be expensive. In some companies it would appear that decisions regarding who should be kept or made redundant are governed more by accumulated rights in the event of termination than managerial merit or quality. Some assets are also difficult to dispose of in a recession.

Occasionally, companies become carried away with concepts and push their application to the extreme. Judgment is needed to decide how far to go in relation to the current situation and context of a company.

For a period, and until the benefits appear to come through, corporate transformation may be accompanied by a slide in the employee satisfaction ratings. The trends need to be monitored, the causes identified and, where appropriate, remedial programs put in place. Opinion surveys can be used to track attitudes to change in various parts of the corporate organization.

Understanding the reasons for dissatisfaction could lead to a change in transformation priorities, if not in direction. Japanese companies, such as Honda encourage their staff to be dissatisfied with whatever has been achieved in order that they will aspire to do even better.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, Line of Sight

Use Project Management


Management is usually viewed as continuous process that lasts without a break for the whole of your organization’s life. But some jobs are clearly projects; they do a specific job, have a distinct beginning and end and a fixed duration. When the job is done, the project is finished.

 

People have developed special approaches to project management. A project manager often has overall control and can have very wide-ranging responsibilities. The project team does not follow the usual ‘line of authority,’ but is seconded from line functions. This gives a matrix structure where people have divided responsibilities. The control of projects is made easier by dividing them into phases running from conceptual design through to termination. There are special methods for planning projects.

 

Managers have increasingly realized that they can use these methods in their everyday work. You probably find that a lot of your work is not continuous, but consists of a series of projects. Consultants work for different clients, software houses work on different packages, marketing departments run a series of promotions.

 

Project management can bring a lot of advantages to your work. It gives the expected times for some key activities, and the computer automatically prints schedules for activities and all resources. More generally, project teams have the benefits of:

  • Using management methods that recognize the nature of projects;
  • Solving problems quickly, as the right people are assembled to concentrate on a solution.
  • Spreading expertise around the organization, as team members move on to new projects and share their experiences;
  • Using resources efficiently, as they are released to other projects when not needed;
  • Tightly controlling operations, with constant feedback on progress.

 This does not mean, of course, that project management is better than continuous management. But project management does give an additional set of management tools that you might find useful.

 

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, Line of Sight