This article co-written by Randall Lewis and myself describes the importance of hiring and retaining the right staff that could be useful for GCs,HR heads and headhunters to read.
This presentation was made under New Member Empowerment Programme, with researched guidance on a Road Map tap Global Opportunities. Indian CAs are well respected internationally and undoubtedly globally opportunities are immense, however, CAs for better chances, must equip themselves with certain key skill sets to enhance their marketability to avail opportunities. This requires specific training on effective english communication, consultancy services and gaining industry specific knowledge.
Staffing recruitment and selection of INTERNATIONAL HUMAN RESOURCES MANAGEMENTAparrajithaAriyadasa
In staffing in international business, HR managers must determine when or where to expatriation. Expatriate workers are frequently assigned to key positions in overseas operations. Human resource managers must also decide on the issue of compensation. The compensation of expatriate workers must be examined along with compensation of local workers and the compensation of workers in the home country. Differences in compensation packages have significant implications on staffing success, expatriate performance and business performance. HR managers must also address the issue of repatriation. Repatriation happens when the worker needs to come back to the home country, usually to continue working for the company. Repatriation also happens when the expatriate worker retires. These issues have significant effects on the perspectives and performance of expatriate workers and local workers, and the effectiveness of IHRM in staffing.
According to Brewster et al (2002) the effectiveness of global IHRM depends on ‘the ability to judge the extent to which an organization should implement similar practices across the world (convergence) or adapt them to suit local conditions (divergence)’. The dilemma facing all multinational corporations is that of achieving a balance between international consistency and local autonomy. They have to decide on the extent to which their HR policies should either ‘converge’ worldwide to be basically the same in each location, or ‘diverge’ to be differentiated in response to local requirements.
It is an easy-to-use tool for developing an overview of a company’s strategic situation
It forms a basis for matching your company’s strategy to its situation
staffing, recruitment and selection of International Human resources ManagementAparrajithaAriyadasa1
Staffing is the process of hiring eligible candidates in the organization or company for specific positions. In management, the meaning of staffing is an operation of recruiting the employees by evaluating their skills, knowledge and then offering them specific job roles accordingly. ( topper.com). Recruitment refers to searching for and obtaining potential job candidates. Selection is the process of evaluating the candidates and deciding who should be employed for a particular job The first decision for IHRM is where employees for the various positions should come from. More specifically, the focus of selection for international operations normally includes cultural adaptability, strong communication skills, technical competence, professional or technical expertise, global experience, country-specific experience, interpersonal skills, language skills, and family flexibility.
International Human Resource Management (IHRM) is the term used for organisations that manage their human resources activities at an international level. IHRM includes ‘typical’ HR functions such as recruitment, selection, performance management, training and development, and remuneration, however these are analysed and/or managed at an international level (e.g. companies may advertise positions globally or update their policies following a review of international best practice).
Furthermore, IHRM may also encompass additional activities such as expatriate management, multiple industrial relation activities (e.g. varying international collective agreements/employment contracts to meet differing country legal and tax requirements), global succession planning and so on.(AHRI ASSIST)
This presentation was made under New Member Empowerment Programme, with researched guidance on a Road Map tap Global Opportunities. Indian CAs are well respected internationally and undoubtedly globally opportunities are immense, however, CAs for better chances, must equip themselves with certain key skill sets to enhance their marketability to avail opportunities. This requires specific training on effective english communication, consultancy services and gaining industry specific knowledge.
Staffing recruitment and selection of INTERNATIONAL HUMAN RESOURCES MANAGEMENTAparrajithaAriyadasa
In staffing in international business, HR managers must determine when or where to expatriation. Expatriate workers are frequently assigned to key positions in overseas operations. Human resource managers must also decide on the issue of compensation. The compensation of expatriate workers must be examined along with compensation of local workers and the compensation of workers in the home country. Differences in compensation packages have significant implications on staffing success, expatriate performance and business performance. HR managers must also address the issue of repatriation. Repatriation happens when the worker needs to come back to the home country, usually to continue working for the company. Repatriation also happens when the expatriate worker retires. These issues have significant effects on the perspectives and performance of expatriate workers and local workers, and the effectiveness of IHRM in staffing.
According to Brewster et al (2002) the effectiveness of global IHRM depends on ‘the ability to judge the extent to which an organization should implement similar practices across the world (convergence) or adapt them to suit local conditions (divergence)’. The dilemma facing all multinational corporations is that of achieving a balance between international consistency and local autonomy. They have to decide on the extent to which their HR policies should either ‘converge’ worldwide to be basically the same in each location, or ‘diverge’ to be differentiated in response to local requirements.
It is an easy-to-use tool for developing an overview of a company’s strategic situation
It forms a basis for matching your company’s strategy to its situation
staffing, recruitment and selection of International Human resources ManagementAparrajithaAriyadasa1
Staffing is the process of hiring eligible candidates in the organization or company for specific positions. In management, the meaning of staffing is an operation of recruiting the employees by evaluating their skills, knowledge and then offering them specific job roles accordingly. ( topper.com). Recruitment refers to searching for and obtaining potential job candidates. Selection is the process of evaluating the candidates and deciding who should be employed for a particular job The first decision for IHRM is where employees for the various positions should come from. More specifically, the focus of selection for international operations normally includes cultural adaptability, strong communication skills, technical competence, professional or technical expertise, global experience, country-specific experience, interpersonal skills, language skills, and family flexibility.
International Human Resource Management (IHRM) is the term used for organisations that manage their human resources activities at an international level. IHRM includes ‘typical’ HR functions such as recruitment, selection, performance management, training and development, and remuneration, however these are analysed and/or managed at an international level (e.g. companies may advertise positions globally or update their policies following a review of international best practice).
Furthermore, IHRM may also encompass additional activities such as expatriate management, multiple industrial relation activities (e.g. varying international collective agreements/employment contracts to meet differing country legal and tax requirements), global succession planning and so on.(AHRI ASSIST)
During 2012 Laurence Simons conducted a survey with clients and candidates focusing on remuneration, bonuses and recruitment trends. Over 3,700 legal and compliance professionals were surveyed across the globe from
numerous industry sectors.
Whilst the survey embraced experienced legal and compliance professionals working across private
practice, in-house and financial services, where we received sufficient data we have provided the salary range for each grouping. Unfortunately, this was not possible
for all regions. It is important to note that the salary
survey is a useful guide, however it you need any tailored or specific advice, please do contact us directly.
A Good Worker is Hard to Find: Skills Shortages in New Zealand FirmsWesley Schwalje
Our work on skills is cited by the New Zealand Ministry of Economic Development in the document titled A Good Worker is Hard to Find: Skills Shortages in New Zealand Firms.
Winter 2013 edition of Faststream’s maritime magazine STREAMLINE “THE CONFIDENCE ISSUE”. In this edition we ask whether economic recovery is being translated into improved global maritime employment levels.
Presentation by President of the Cary Institute of Ecosystems Studies Joshua Ginsberg for a forum on sustainable farming practices. www.caryinstitute.org/forum-farm
Presentation given over the Internet in a S2E event in Ljubljana on April 6, 2016 (Policy Instruments for Widening Participation). An introduction to policy measures for improving research and innovation performance in low-performing countries in the context of Horizon 2020, the EU Framework Programme for Research and Innovation.
During 2012 Laurence Simons conducted a survey with clients and candidates focusing on remuneration, bonuses and recruitment trends. Over 3,700 legal and compliance professionals were surveyed across the globe from
numerous industry sectors.
Whilst the survey embraced experienced legal and compliance professionals working across private
practice, in-house and financial services, where we received sufficient data we have provided the salary range for each grouping. Unfortunately, this was not possible
for all regions. It is important to note that the salary
survey is a useful guide, however it you need any tailored or specific advice, please do contact us directly.
A Good Worker is Hard to Find: Skills Shortages in New Zealand FirmsWesley Schwalje
Our work on skills is cited by the New Zealand Ministry of Economic Development in the document titled A Good Worker is Hard to Find: Skills Shortages in New Zealand Firms.
Winter 2013 edition of Faststream’s maritime magazine STREAMLINE “THE CONFIDENCE ISSUE”. In this edition we ask whether economic recovery is being translated into improved global maritime employment levels.
Presentation by President of the Cary Institute of Ecosystems Studies Joshua Ginsberg for a forum on sustainable farming practices. www.caryinstitute.org/forum-farm
Presentation given over the Internet in a S2E event in Ljubljana on April 6, 2016 (Policy Instruments for Widening Participation). An introduction to policy measures for improving research and innovation performance in low-performing countries in the context of Horizon 2020, the EU Framework Programme for Research and Innovation.
Region General Manager, Americas - Confidential Client Executive Search Profi...Bart Heres
Our client, is seeking a well-experienced ‘hands-on’ Sales/Marketing & Business Executive to lead the growth and success of their organization in the Americas. We are seeking an individual who brings significant & verifiable experience and success in selling & marketing technical, engineered capital equipment products through a Distributor Network. The selected candidate will have a deep understanding of the cultural nuances of developing business relationships globally. Someone with ‘expat’ experience running a non-US regional operation for a US company or similar would be a plus. Further, experience in the LATAM region, specifically, and some degree of Spanish and/or Portuguese language proficiency would also be an asset, but is not required. The selected candidate will also be adept at understanding and adapting to the various cultural differences associated with doing business within the US regions and within their target market segments. Our client is seeking an individual who can effectively assess a geographic or market segment opportunity, identify the right partners and/or resources required, and lead profitable incremental revenue generation in those markets. In short, the person for this role will be a results-oriented, polished ‘deal-maker,’ instead of a ‘deal-breaker.’ The person selected for this role will also be accountable for P&L results in the region and be the Leader of the Americas Team and Operations, so demonstrated success with similar P&L and Leadership responsibilities is required. Extended travel to 50% is also a requirement of the position. Finally, the individual chosen for this role will have experience and a solid comfort level of working for a smaller, family-owned (though not ‘family-run’) enterprise.
Company Overview:
Our Seattle Area based Client is a subsidiary of a non-US-based company that is the leading supplier of their products in the Americas and globally. Our Client began operations over 70 years ago when the founder invented the revolutionary capital equipment solution that today remains the core of their business.
While almost all of our client’s products are manufactured in their home country, they own and operate subsidiary businesses in the US, Europe, and Asia. These subsidiary organizations are responsible for sales and marketing of their products through Distributor networks in their regions while maintaining and distributing service parts and conducting all associated after-sales business activities. In total, the company employs approximately 300 people globally and Americas Region revenues are in the $50mm range. Company revenues have grown at double-digit rates in the last 3 years with significant opportunity for further and more accelerated growth in the Americas Region.
Fast facts
* Global leader in their market segment - 55% Global & 70% Americas market share
* Market sectors include consumer, industrial, government, defense, and others
China recruitment challenges chinese executive search headhunter head hunter ...Mark Thibodeau
Recruitment in China Chinese Shanghai head hunter headhunter executive search recruiter in china manufacturing start-up in china china talent leadership recruitment automotive industry recruitment recruiter
This text was adapted under a Creative Commons Attribution-TakishaPeck109
This text was adapted under a Creative Commons Attribution-
NonCommercial-ShareAlike 3.0 License without attribution as requested
by the work’s original creator or licensee.
http://creativecommons.org/licenses/by-nc-sa/3.0/
http://creativecommons.org/licenses/by-nc-sa/3.0/
International HRM
Things Weren’t What They Seemed
When your organization decided to go “global” two years ago, the executives didn’t know what they were
getting into. While the international market was attractive for your company’s product, the overall plan
wasn’t executed well. The organization was having great success selling its baby bath product in the
domestic market, and once that market was saturated, the organization decided to sell the product in
South America. Millions of dollars’ worth of research went into product marketing, and great success was
had selling the product internationally. It was only when the organization decided to develop a sales
presence in Peru and purchase a company there that the problems started. While market research had
been done on the product itself, the executives of the company did little research to find out the cultural,
economic, and legal aspects of doing business in that country. It was assumed that the Peru office would
run just like the US office in terms of benefits, compensation, and hiring practices. This is where the
strategy went wrong.
Many cultural aspects presented themselves. When executives visited the Peru office, the meeting was
scheduled for 9 a.m., and executives were annoyed that the meeting didn’t actually start until 9:45 a.m.
When the annoyed executives started in on business immediately, the Peruvian executives disapproved,
but the US executives thought they disapproved of the ideas and weren’t aware that the disapproval came
from the fact that Peruvians place a high emphasis on relationships, and it was rude to get down to
business right away. When the executives walked around the office and spoke with various employees,
this blunder cost respect from the Peruvian executives. Because Peru has a hierarchical structure, it was
considered inappropriate for the executives to engage employees in this way; they should have been
speaking with management instead.
Besides the cultural misunderstandings, executives had grossly underestimated the cost of compensation
in Peru. Peru requires that all employees receive a bonus on the Peruvian Independence Day and another
on Christmas. The bonus is similar to the monthly salary. After a year of service, Peruvians are allowed to
go on paid vacation for thirty calendar days. Higher benefit costs were also an issue as well, since Peru
requires workers to contribute 22 percent of their income to pension plans, and the company is required
to pay 9 percent of salaries toward social (universal) health insurance. Life insurance is also required to be
paid by the employer after four years of service, ...
Jim McGregor, chairman of APCO Worldwide's greater China region, offers his perspective on how to build a successful government relations practice in China.
Deadline 10 Hours Maximum, no extension pleaseNumber of pages .docxsimonithomas47935
Deadline: 10 Hours Maximum, no extension please
Number of pages: 3 (825 words)
Academic Level: Postgraduate
Instructions: • Write a 3- to 4-page critique of Desai's 2008 article "The Finance Function of a Global Corporation," linked in the Resources under the Required Resources heading.
Note that a critique is not just a summary or opinion—it requires a formal analysis and critical review. Your critique should address what the author is saying and what arguments are being made. Be sure to examine whether the author's arguments are supported with facts or data. Address what implications the article may have. Consider what the author has omitted from the article.
In your analysis, address the following points:
• Analyze the validity of finance and value creation arguments.
What are the facts and data upon which those arguments rest?
How do these facts validate or invalidate the author's arguments?
• Assess the use of financial persuasion to support the arguments.
What financial persuasion elements were present?
Were any financial data or facts omitted?
• Analyze the financial implications of the author's arguments.
What does this mean for the organization?
Are there implications for constituents and interested parties?
• Synthesize your analysis of the article and your observation of the finance function at your workplace, or a major publicly rated corporation.
What new or deeper understandings do you have about the finance function?
What other insights do you have about the finance function? Use the arguments, facts, data, and financial persuasion elements from the article to support your understanding of the finance function.
Your paper should be written in a manner that is professional and consistent with expectations for members of the business professions.
Additional Requirements
• Written communication: Written communication is free of errors that detract from the overall message.
• APA formatting: Resources and citations are formatted according to current APA style and formatting.
• Number of resources: Minimum of three references.
• Length of paper: 3–4 typed, double-spaced pages.
• Font and font size: Times New Roman, 12 point.
ORGANIZATION & CULTURE FINANCE & ACCOUNTING MARKETING MANAGING TECHNOLOGY MARKETING
STRATEGY & COMPETITION HUMAN RESOURCES MARKETING ORGANIZATION & CULTURE MANAGING
TECHNOLOGY FINANCE & ACCOUNTING ORGANIZATION & CULTURE MARKETING STRATEGY & COMPETITION
HUMAN RESOURCES MANAGING TECHNOLOGY FINANCE & ACCOUNTING ORGANIZATION & CULTURE MARKETING
STRATEGY & COMPETITION HUMAN RESOURCES MANAGING TECHNOLOGY MARKETING STRATEGY &
COMPETITION HUMAN RESOURCES ORGANIZATION & CULTURE FINANCE & ACCOUNTING HUMAN RESOURCES
H
HISTORICALLY, the fi nance functions in large U.S. and Euro-
pean fi rms have focused on cost control, operating budgets,
and internal auditing. But as corporations go global, a world of
fi nance opens up within them, presenting new opportunities
and challenge.
An event that allowed lawyers looking to move in-house and those already working in-house to gain a unique insight into the in-house environment and what is expected of them and how to make the most of a career in-house.
The dilemma facing MNCs is determining the extent to which their HR policies should be 'convergent' worldwide to be the same in each location or 'divergence' to differentiate in response to local needs. Brewster et al. (2002) argue that the success of IHRM depends on MNC practices.
International Business Strategy Material as per Bharathiar University Syllab...JisjissyChandran
Unit I;International Business,MNC,FDI
Unit II:International Finance,Economic Integration etc
Unit III:Human Resource Management Strategy etc
Unit IV:Corporate Strategy,Doing Business in Japan etc
Unit V:International Joint Venture, Challenges of International Business
Introduction of Deferred Prosecution Agreements in the UK in 2014iohann Le Frapper
Introduction of deferred prosecution agreements in the United Kingdom in 2014 ; regulatory background and timeline; features of the DPAs ; differences with US DPAs.
ICC ethics and compliance training handbook chapter 13 resisting solicitationiohann Le Frapper
I have contributed to the chapter on the topic of solicitation and how to resist solicitation of the ICC Ethics and Compliance Training Handbook released on December 9th by the International Chamber of Commerce. It can be purchased on-line at http://iccbooks.com/Product/ProductInfo.aspx?id=698
What you-need-to-know-about-doing-business-in-asia reprintiohann Le Frapper
This article co-written by Randall Lewis and myself provides practical tips for Western companies doing business or investing in Asia, in particular China.
Co-Operation and Competition: Antitrust Pitfalls in R&D Alliances and Other S...iohann Le Frapper
Practical tips for in-house counsel on the assessment and management of key risks, ie. antitrust and intellectual property associated with strategic partnership opportunities (printed in International In-house Counsel Journal-Issue of April 2012)
Top mailing list providers in the USA.pptxJeremyPeirce1
Discover the top mailing list providers in the USA, offering targeted lists, segmentation, and analytics to optimize your marketing campaigns and drive engagement.
An introduction to the cryptocurrency investment platform Binance Savings.Any kyc Account
Learn how to use Binance Savings to expand your bitcoin holdings. Discover how to maximize your earnings on one of the most reliable cryptocurrency exchange platforms, as well as how to earn interest on your cryptocurrency holdings and the various savings choices available.
Personal Brand Statement:
As an Army veteran dedicated to lifelong learning, I bring a disciplined, strategic mindset to my pursuits. I am constantly expanding my knowledge to innovate and lead effectively. My journey is driven by a commitment to excellence, and to make a meaningful impact in the world.
Company Valuation webinar series - Tuesday, 4 June 2024FelixPerez547899
This session provided an update as to the latest valuation data in the UK and then delved into a discussion on the upcoming election and the impacts on valuation. We finished, as always with a Q&A
B2B payments are rapidly changing. Find out the 5 key questions you need to be asking yourself to be sure you are mastering B2B payments today. Learn more at www.BlueSnap.com.
Implicitly or explicitly all competing businesses employ a strategy to select a mix
of marketing resources. Formulating such competitive strategies fundamentally
involves recognizing relationships between elements of the marketing mix (e.g.,
price and product quality), as well as assessing competitive and market conditions
(i.e., industry structure in the language of economics).
Event Report - SAP Sapphire 2024 Orlando - lots of innovation and old challengesHolger Mueller
Holger Mueller of Constellation Research shares his key takeaways from SAP's Sapphire confernece, held in Orlando, June 3rd till 5th 2024, in the Orange Convention Center.
Hiring and retaining legal staff in Asia-Pacific Businesses
1. 30-Second Summary
Companies seeking to expand
operations in Asia should
consider the unique aspects
of hiring senior executive staff
able to navigate the Asia Pacific
market. Staff should understand
the broad range of differences
among countries and regions
that may be close geographically
but are worlds apart in terms
of local practices and laws.
For example, Hong Kong is not
the same as mainland China
and fluency in Mandarin or
Cantonese does not equal an
understanding of local culture
and business practices. A crosscultural mindset can make the
difference between success and
failure for regional staff.
3. Hiring and Retaining Legal Staff in Asia-Pacific Businesses
■■
■■
■■
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Some thoughts to consider:
Look to hire and retain staff
possessing a broad base of
experience in various markets (not
just China) and with a verifiable
track record of navigating
different cultures. Do not assume
that all Asian countries’ business,
commercial and legal practices
are homogeneous. There are vast
differences between deals taking
place in Korea, China, Japan,
Hong Kong, South East countries
(e.g., Vietnam and Thailand) and
India. Just because they may look
close on a map, geographically
speaking, they are vast worlds
apart in terms of culture, politics,
local practices and law.
Hong Kong is not the same as
mainland China (i.e., it is one
country with two very different
legal systems). Do not make the
mistake of believing that because
someone has practiced law in
Hong Kong — and that they speak
Cantonese and/or Mandarin —
that they understand the unique
risks and strategies required to be
successful in the mainland.
The talent possessed by your local
or foreign corporate counsel is
certainly important. However,
personality, international
experience and cross-cultural
mindset will eventually make
the difference between success
and mediocrity (or failure) in a
regional legal role.
Due to high demand, it is
questionable to assume that the
company will achieve cost-savings
by hiring a local corporate counsel
instead of an expatriate seconded
from the United States or Europe.
Indeed, the “local compensation
package” expected by a very senior
Indian or Chinese corporate
counsel may not only consist of
a generous market-driven basic
compensation (in line with US
peers), but also of benefits similar to
36
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ASSOCIATION OF CORPORATE COUNSEL
those of an expatriate. Further, the
long-term retention of local talent,
and corresponding loyalty to the
corporation, is quite problematic
as the churn-out is very high in
countries like India or China. (It
is very common for Asia-based inhouse counsel to change jobs every
two years, and to seek recurring and
significant salary increases that are
difficult to grant internally.)
Do not fall into the trap of believing
that fluency in a certain language
is the key to success regionally
or in any particular market. It is
more important to secure talented
professionals who understand the
cultures and business practices,
and can strategically navigate the
market. Just because your Chinese
senior counsel has great China
experience or language skills (i.e.,
Mandarin as a mother tongue), and
China is your main market in Asia,
does not mean that appointing
your Chinese legal counsel as the
legal head for the Asia-Pacific
region is the best decision. If she
out performs on China matters,
it is not guaranteed that she will
also be effective in any other
Asian country. In fact, in most
instances, you can assume they
will not be as effective. Her staff
members in India or Japan may
not necessarily enjoy (or worse,
may resent) following the advice
or instructions from their Chinese
boss for a variety of reasons
(e.g., historical, geopolitical,
management style, etc.).
■■
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Rotating expats to Asia who have
no prior experience in the region
will certainly cost you in terms of
efficiency and risk. Always look for
people who have a proven ability
to live and thrive in Asia, where
one must accept that either the
regulatory framework and/or the
inconsistent enforcement of the
laws and regulations give rise to
numerous uncertainties. The ability
for corporate counsel to deal with
uncertainty and recognize, on a
day-to-day basis, that Asia is not
a risk-free business environment
is essential. It is an obvious
statement that reality is neither
black nor white; however, corporate
counsel are faced with a wide and
challenging scope and breadth of
gray areas in Asia (compared to
North America or Europe).
In order to be successful, you
need to retain your senior
managerial staff long term.
Rotating senior-level staff in and
out of a country or region within
periods of two or three years
may satisfy the HR corporate
policy, but may often result — in
addition to an unquantifiable
loss of capital knowledge — in a
loss of key relationships within
the company and with outsiders
within the company’s ecosystem.
(Relationships in Asia are of utmost
importance to your financial
success, and take time to build and
nurture in order to develop the
critical trust between individuals.)
Such strong rotation could also
Randall Lewis, vice president, international counsel, ConAgra Foods, is a California licensed
attorney and an alumni of the Harvard Business School. He has lived and practiced law in China
and throughout the Asia Pacific for 15 consecutive years. randall.lewis@conagrafoods.com
I
ohann Le Frapper is the CLO of GBI based in Qatar. Le Frapper is a member of the global board
of directors of ACC, and vice chair of the International Chamber of Commerce’s Corporate
Responsibility Anti-corruption International Commission. He’s lived and practiced law in China
for several years and has managed legal matters across multiple Asia Pacific countries since
2002. iohannlefrapper@live.fr
4.
5. Have a comment on this article? Visit ACC’s blog at www.inhouseaccess.com/acc-docket.
ACC Extras on… Doing business in Asia
ACC Docket
Learn Chinese: Cultural Concepts for the
Expatriate Manager in China (June 2010).
www.acc.com/docket/expat-china_jun10
Asian Briefings
John Deere’s Relationship-driven Success in
Asia (Mar. 2012). www.acc.com/johndeere_
mar12
Five Characteristics of a Successful AsiaPacific Regional Practitioner: What Every
Company Needs in Order to Succeed in the
Region (Mar. 2010). www.acc.com/ab/asiasuccess_mar10
Quick Reference
Doing Business in Multi-Jurisdictional Guide
2012: China (Oct. 2012). www.acc.com/
quickref/bus-china_oct12
■■
QuickCounsel
Guidelines on China’s New Employment
Contracts Law (Mar. 2013). www.acc.com/
quickcoun/china-contracts_mar13
Top Ten
Top Ten Tips for Obtaining a Dynamic
International Legal Team (June 2011).
www.acc.com/topten/int-team_jun11
ACC has more material on this subject
on our website. Visit www.acc.com,
where you can browse our resources by
practice area or search by keyword.
■■
create a situation likely to lead to
a greater risk of financial loss (e.g.,
breached agreements and poor
relationships with employees and
business partners, etc.).
You can send the most brilliant
people out to China, Hong Kong
or Singapore only to find that they
never really adjust to the local
culture and practices, or that their
families are unsatisfied, all of which
create a challenging atmosphere at
work and/or a desire to leave the
region. Turnover at your senior
regional-managerial level (GC and
AGC included) will cause more
commercial turmoil than you can
at first imagine. For example, as the
retention of your Indian or Chinese
legal team members can be quite
challenging in any event due to
strong market demand, the loss of
38
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ASSOCIATION OF CORPORATE COUNSEL
your regional legal leader who has
developed a personal connection
with them (i.e., coached and
mentored them in their professional
development and supported their
internal mobility) may result in
additional future losses to your
entire legal department. In short,
to secure the medium-term loyalty
to the corporation of key countryspecific counsel, avoid having a
“ballet” of new regional managers
every two years.
Just because a candidate is a welleducated local, does not mean
that she is the right fit for your
business. Having studied in one
of the best schools in the United
States or in Europe does not mean
that your local employees will
not be tempted or feel obliged to
accept or recognize that the oldfashion ways of doing business
are unavoidable once back in their
home country. Understanding
how business is typically done in
a particular country and culture
is one thing; blessing unethical, if
not illegal, business transactions
on the ground is an entirely
different matter. For example,
doing business with a supplier who
happens to be a relative or friend is
not perceived negatively in many
Asian nations for cultural reasons.
It may well be reassuring for the
individual you have tasked with
procuring goods or services (such
personal relationships may be a
safeguard against unknown, and
thus untrustworthy, counterparts).
However, such business dealings
may fall well short of meeting
your corporate standards and
policies about avoidance, or at least
clearance, of conflict of interests.
Do not believe that “Asian
experience” gained by remotely
managing deals from London,
New York, Los Angeles or Paris
translates into someone who can
live, thrive and be successful in any
■■
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Asian nation. It is also astonishing
to note how quite a few companies
still remotely manage their
operations in Asia, while assuming
candidly that their internal controls
are up and running smoothly
without proper qualified and
experienced corporate functions
(legal and finance) located in the
region itself, and without close
watch on the business operations
(sourcing, manufacturing, RD,
sales and marketing). By the same
token, it is our strong opinion
that any corporation is unlikely
to generate profitable and longterm sustainable business results
if the corporate counsel looking
after Asia-Pacific sit comfortably
at headquarters and travel to
Asia, if and when required, even
intensively. The wake-up call might
be extremely difficult to digest.
Long-term success in Asia is
possible if you have the right
senior staff who understand
that maintenance of various
relationships is just as important as
your financial bottom line … they
are connected.
Always have in place a solid
international corporate generalist
who understands various countries
and cultures. This goes beyond
legal acumen into commercial and
business areas. It is easy to hire a
good transactional lawyer only to
find that she is not adept at acting as
a strategic sounding board for your
senior management in the region.
In closing, remember, just because
you can do something does not mean
that you should. Hire wise senior staff
who really understand this advice. ACC