Professional Documents
Culture Documents
India Contracts10
India Contracts10
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IMPORTANT
CONSIDERATIONS
IN NEGOTIATING
OUTSOURCING
CONTRACTS WITH INDIAN
SERVICE PROVIDERS
Sandip K. Beri
Genpact
Sandip K. Beri
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Biographical Information
Table of Contents
A. Introduction 4
A. Introduction
i) Monitoring
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ii) Interpretation
iii) Compliance
Too often these get mixed up. Let’s start with (iii)
Compliance, the least controversial of the three. Indian
Service Providers should not have, and do not have, any issue
with agreeing to comply with not only laws governing the
provision of services in the jurisdictions in which they are
located (e.g., India) (“Service Provider Laws”), but also laws
that govern the customer and its industry (“Customer Laws”),
as long as the Customer Laws are communicated in the form
of specific requirements or standard operating procedures.
II. Arbitration/Litigation
are based on a mix of U.K. and U.S. laws and legal systems.
For example, Indian constitution has a bill of rights, provides
for a parliamentary system and, most important, follows the
principle of separation of powers. English is generally the
language of the law, courts, government and the business.
Even Indian legal education is similar to these two countries.
On the whole, therefore, it is easier for U.S. businesses and
legal counsel to navigate the laws and legal system of India
than laws and legal systems of some other countries.
IV. Attrition
V. Sensitivity to Competitors
Let’s not forget that cost- and time-arbitrage are the primary
benefits received by global businesses through off-shoring;
increasing the cost involved, and demanding ‘normal’ shift
timings, could remove the very reason for the existence of
the BPO industry, thereby rendering unemployed all the
active members of the proposed trade union (union comes
into existence and makes demands…BPO industry gives in to
the demands and goes out of existence…union follows suit.
Catch-22). Besides, no one can claim that working conditions
in the industry are inhumane: where else could high-school
seniors expect salaries far in excess of those commanded by
even graduates in some disciplines AND regular 8-hour
workdays AND health/insurance benefits AND
conveyance/cafeteria arrangements AND exposure to
international-standard training?
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