Friday, October 5, 2012

Whose job is it anyway?



The wife of a Kingfisher Airlines (KFA) staff committed suicide citing non-payment of salaries, bringing home to urban India's cloistered living rooms the brutal realities of a life without income usually experienced by residents in drought-stricken Vidarbha or the parched badlands of Kalahandi.

Sushmita Chakraborty, the 45-year-old wife of Manas Chakraborty, died by her own hands on Thursday at her home in Dwarka in Delhi, police said. She left behind a note that spoke of financial distress caused by non-payment of salaries to her husband, a technician in the airline.

A 20-something flight engineer, who earns barely Rs 12,000 a month, has been kicked out of his house thrice in seven months for not paying rent. "I have sent my wife back home to Kolkata since I couldn't manage with no income and ever-growing dues," the engineer said.

Then there is the case of a captain who is struggling to raise EMIs, school fees and other expenses. "I have broken every fixed deposit and emptied all my savings," said the captain. "We don't want March salary we want our dues for the past seven months. While Mallya seems to have time for cricket, racing and even to spend in his yacht, he's yet to pay his condolences for this incident,” he alleges.

I read this in newspapers today. While I was lucky not to experience such apathy by my employers during my tenure, I am clearly observing an increase in the irresponsible behavior on part of employers and owners. Very few companies maintain fiscal discipline. The allocation of funds for disbursal is at random typically tending towards agencies wielding power in the given ecosystem. Bigger vendors, senior management and bigger bankers exercise their clout to have their payments made on priority while the smaller, weaker and junior ones suffer. Like in KFA’s case too, I am sure, many thousand crores would have been paid to bankers and agencies that had the ability to threaten and arm-twist the company. KFA would continue to foot the bill for all expenses incurred by the top management. Not paying on time is not a crime in India. Employees, small vendors and tiny bankers have no means to get their money. They can wait or write it off completely.

There isn’t any mandatory and standard accounting practice that would dictate the priority of payments in a cash crunch situation.  I strongly propose that bodies like ICAI, RBI, ROC, MOF, MOC, SC etc. should intervene at the earliest to bring in such standard. Employers and business owners must be held accountable if they don’t follow the disbursement prioritization norms. For example, in a cash crunch situation, the foremost priority should be employee salaries and payments; next should be the vendors; then the bankers; then the government; shareholders next and finally the investments and cash reserves. While observing these priorities, the First-In-First-Out (FIFO) principle must be adhered to in conjunction with the contractual commitments.

I am not a Labor Laws fanatic but I strongly feel that employees and vendors do need protection on certain account. It is the job of the employer, owner or the chief executive to ensure that the payments are not delayed. Of all the reforms, this one would boost the economy big time.

I request the Supreme Court or any lawyer therein to pick this issue up as a Public Interest Litigation.