Un-'professionalism'


One of the things that amazes me about the Indian Technology job market is the unprofessional behavior of some of the best educated and smartest young workers.

Having hired many hundreds of people during my career and having managed them, I would think I have some insight to their psyche. But, every now and then I am proved wrong.
The ‘normal’ things that happen in India (something one has come to expect every now and then):
1. Accepting a job offer and not turning up on the date of join.

2. Not giving adequate notice to your current employer when you resign.

3. Submitting fake bills to claim reimbursements.

4. Dishonest representation of Career Achievements, Work experience and Salary while searching for jobs.

5. Fake certificates and credentials.

6. Breaking the contracts (non-compete, confidentiality & non-poaching agreements) with previous work spaces

But, you keep coming across newer situations, which are unprofessional, but ironically people think/argue are entirely ethical.
For example, Renegotiating an agreed upon salary at the last minute. The argument put forward “I don’t want to be unethical by not joining you, but I have an offer that’s better than yours, so you should give me same salary”.

Sorry, i don’t see how that’s ethical. In fact it isn’t even legal. Here is why – (Following are not my words, but from a Legal advice site)

As per the Indian contract Act, 1872, a “contract” is an agreement enforceable by law. The agreements not enforceable by law are not contracts. An “agreement” means ‘a promise or a set of promises’ forming consideration for each other. And a promise arises when a proposal is accepted. By implication, an agreement is an accepted proposal. In other words, an agreement consists of an ‘offer’ and its ‘acceptance’.

An “offer” is the starting point in the process of making an agreement. Every agreement begins with one party making an offer to sell something or to provide a service, etc. When one person who desires to create a legal obligation, communicates to another his willingness to do or not to do a thing, with a view to obtaining the consent of that other person towards such an act or abstinence, the person is said to be making a proposal or offer.

An agreement emerges from the acceptance of the offer. “Acceptance” is thus, the second stage of completing a contract. An acceptance is the act of manifestation by the offeree of his assent to the terms of the offer. It signifies the offeree’s willingness to be bound by the terms of the proposal communicated to him. To be valid an acceptance must correspond exactly with the terms of the offer, it must be unconditional and absolute and it must be communicated to the offerer.

So, once someone accepts an offer on particular terms, and signs it, he entered into a contract with the company – The terms and conditions of that contract needs to be adhered to. Trying to renegotiate it with the threat of breaking the contract, without compensating the other party adequately, can’t be ethical or legal.
The young workforce of India has come to believe that the companies are a playthings and they can play the field. Some of them keep multiple options open at any time, without being committed to their current organization or to a future one. While this may not have immediate impact, it will certainly have adverse impact on predictability of business for companies, and will result in lot of companies finding it impossible to do business with India. And the resulting loss will be of the same workforce.
I think as part of the curriculum in colleges, a subject on professionalism should be taught. The young workforce should be given an alternative way of conducting its affairs, instead of adopting the uncouth, unethical ways of most of our political leaders.

Advertisements