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EXECUTIVE SUMMARY.........................................................................3
INTRODUCTION..................................................................................4
OVERVIEW OF THE COMPANY..............................................................4
HUMAN RESOURCE MANAGEMENT ISSUES............................................5
Hiring Expatriates as senior managers...............................................................5
Absence of HR strategy within Sri Lankan organizations....................................7
Talent development and its retention.................................................................8
Absence of Performance Appraisal in Sri Lankan organizations..........................9
Cultural differences............................................................................................ 9
Lack of Strategic knowledge.............................................................................10
MAJOR LEGAL ISSUES TO BE AWARE OF WHILE OPERATING IN SRI LANKA
.......................................................................................................10
Rule of law of Sri Lanka.................................................................................... 10
Company law.................................................................................................... 11
Contract law..................................................................................................... 11
Foreign investment law in Sri Lanka.................................................................12
Protection law................................................................................................... 12
Leaves and Relevant Benefits...........................................................................12
Termination of contract..................................................................................... 13
Taxation............................................................................................................ 13
Property Law..................................................................................................... 13
Foreign Exchange law....................................................................................... 13
Intellectual Property law................................................................................... 14
Environmental protection law...........................................................................14
POLITICAL ISSUES & RISKS................................................................14
Board of Investment......................................................................................... 15
Sri Lankas Political status on international level..............................................15
Declining Foreign Direct Investment (FDI) value..............................................15
Top Risks making Sri Lanka Politically Unstable................................................15
Instable Government Policies........................................................................... 16
Ideological Conflicts between Diverse Union Governments..............................16
Absence of Political Resolution.........................................................................16
Weak Judiciary and Legal system.....................................................................17
Fluctuating Electricity Prices............................................................................. 17
Executive summary
Following are the chief outcomes of the four identified risks and issues prevailing in
Sri Lanka:
Human resource management: There are very distinct variations in the culture, HR
procedures and society between both countries including unavailability of strategic HRM,
inability to develop and retain talented workforce, absence of performance appraisal methods
and lack of strategic knowledge. The possible solutions for these include provision of
strategic HRM and Performance appraisal process, seeking means to develop, train and retain
skilled employees, and lastly provide strategic knowledge to the managers.
Legal implications: Sri Lankan democracy is declining due to its deteriorating rule of law. It
is a result of replacement of human rights, independent judiciary and freedom of talk by the
highly centralized power of Executive presidency, ongoing anti-terrorism laws and
indulgence of armed forces in suppressing the protests. Laws regarding the foreign investors
provide assurances to some extent but their implementation remains doubtful.
Political issues and risks: Sri Lanka is currently under dark clouds of falling economy and
continual rising political risks. This is due to its poor public relations in global arena, its weak
enforcement of Rule of Law, rigid bureaucratic rule, inability to cope with rising conflicts,
non-serious attitude of public authorities, and disability to enforce set policies.
Introduction
In this formal report, the challenges and feasibility of expanding business in Sir Lanka
is assessed in three dimensions namely Human resource management (HRM), Legal and
Political. In the last, advantages of going multinational are being discussed.
While discussing HRM issues, the cultural and social differences between the two
countries have been explained and possible effect these differences can bring on the HRM
practices. The major focussed issues discussed here include unavailability of strategic HRM,
inability to develop and retain talented workforce, absence of performance appraisal methods
and lack of strategic knowledge
Under the legal challenges, rule of law situation is discussed followed by some
important Sri Lankan laws regarding the foreign investors.
Political risks have been identified and assessed with the help of recent events. This
part of report involves the most of the research from the authentic sources. This segment of
report ends with discussing the slow economic growth of Sri Lanka and its corruption and
terrorism scenarios.
In the last part of the report, some general and most important advantages have been
explained to support the argument of going multinational, and especially in Sri Lanka.
They will have a better insight and experienced knowledge of conducting business than local
ones.
The headquarters will be able to easily communicate with them since they will among their
operations. This will also allow closer monitoring and coordination with the new subsidiary.
The process of international assignments will give the employees an international exposure
similarity with the way business and management is done in the home country.
An expatriate can also bring in managerial or technical expertise that are insufficient in Sri
Lanka. Expatriates will also help transfer core competencies to local management.
Senior posts being covered by home country managers will gives the company dominant
power. This will also help company to maintain their standard & foreign representation in the
host country.
The cost will be less because the cost of lengthy recruitment process will be saved.
Training the locals with our expertise can make them lead future projects, which is fruitful for
companys long-term survival (Boyacigiller, 1990).
Shortcomings
It is not easy and there are a lot of difficulties to be faced, upon choosing expatriates.
Expenses include shifting of an individual or family abroad and the time consumed in their
adjustment with the changed culture and lifestyle which can be highly expensive.
Presence of expat manager would limit the promotion opportunities of the host national
countries which may result in the reduced productivity and higher staff turnover among that
group.
Expatriate managers may take longer to understand the local dynamics which might result in
An expatriate may face personal and family problems, as they will be living away from their
family, and this may lead to a high failure rate. The expatriate may return back to the home
country soon or the expatriate employee may fail to meet the performance targets
Expatriate failure can cost 3 times the expatriates remuneration therefore it is significant to
take the right decisions. UK has 38% expatriate failure rate. Sri Lanka is a developing
country and so the chances of our managers to fail are quite high. However these problems
can be mitigated if BA carries out the requirement and selection process carefully in the UK.
BA will need to carry out extensive cross culture training in the UK before sending their
employees to Sri Lanka, and these training should be carried out by someone who is based in
Sri Lanka and is well aware of the ground realities.
On the other hand, upon their return after the completion of an extensive project or their
failure to execute the job, readjustment back in home country will be another issue it mainly
include Career anxiety, Loss of status and pay, Social consideration, Effect on partners
carrier, Organisational responses.
It will cost less to recruit local managers from Sri Lanka since their benefits and salary
Additional costs will be spent during the hiring, selection and evaluation process of the local
managers. Moreover, their benefits will be set only as directed by the Recruitment agency
and companys policy.
The local managers cannot get experience as they could have gained by working outside Sri
Lanka.
Since the Sri Lankan company branch is isolated from the main subsidiary, the difference of
policies, communication, coordination, attitude and objective among both countries can raise
obstacles.
Communication gap can be raised due to language barrier between both countries. This will
increase the cost to be spent on the training of Sri Lankan managers to meet the objectives set
the BA Company.
According to Welch et al. (1998), lack of experience can lead to wrong decisions.
will be faced with inadequacy of skilled workforce since its HR will not focus on finding
talented ones. Thus, it wont be able to progress well in Sri Lanka as compared to in the UK
and Italy (HR challenges, 2013).
iv. Issue No 2.
The Sri Lankan HR strategies are not strong enough to retain its minimal, yet talented
workforce. This is due to various reasons including unjustified pay packages, low quality of
management, absence of health benefits, long working hours, and inequality between
employees talent and their job responsibilities and duties (Ariyawansa, 2008).
Moreover, the talent retention is further threatened by poor roles of managers within
Sri Lankan organisations, as detailed below:
The managers expect excellence in the performance of their employees and do not motivate
them on their any slight progress. They further degrade by insulting them and giving bad
remarks for the poor performances in front of all colleagues and workforce (Ariyawansa,
2008).
Managers do not detail job roles in detail, rather prefer quick ways of communication via
email or voice mail. This hinders the direct communication between managers and their
workforce.
The employees are not trained or provided coaching under leadership of their managers.
Decision making is only done at top management level and excludes employees in it. This is
quite contrary to UK companies where decisions are made by consulting both top to bottom
well and hesitate to get their work evaluated. This often results into lesser work competition
and more jealousy among employees (Opatha, 2013).
Moreover, Line managers do not train and develop their employees. They are not even
advised by the top management to practice PA within the company. As a result, the Sri
Lankan companies either lacks absence of PA, or even they get one established, it is very
weak due to inadequacy of PA and HRM knowledge among its managers (Opatha, 2013).
Cultural differences
vi. Problem.
The Sri Lankan organisations has poor evaluation of organizational culture due to
which a wide gap has been arisen between old top management and up-to-date lower staff.
This shows that when Sri Lankan firms do not give importance to their existing culture, how
they can assist the international employees culture dwell within their own (HR challenges,
2013).
Rule of law is defined as a set of legal rights and regulations which generate
flourishing and just societies. It applies equal law for all, either public or government, in
order to protect fundamental rights and prevail justice wherever reachable (Keerthisinghe,
2014).
Sri Lankan democracy is declining due to its deteriorating rule of law. Currently, Sri
Lanka itself and many other countries are showing grave concern for current situation for its
rule of law. New Zealand reported that Sri Lanka is nowadays avoiding its rules of law and
practice of human rights which is quite condemnable (Rule of Law, 2013). Indian and
Canadian government are avoiding to go there because of current rising human rights
violations in Sri Lanka. The current deteriorating condition of its rule of laws is a result of
replacement of human rights, independent judiciary and freedom of talk by the highly
centralized power of Executive presidency, ongoing anti-terrorism laws and indulgence of
armed forces in suppressing the protests (Pinto-Jayawardena, 2013).
Generally, the legal considerations for investing in Sri Lanka puts forward two
general laws which must be followed in order to initiate investment here i.e. the Commercial
law of Sri Lanka and the General contract law (Harris and Varia, 2010).
Following are the most important legal issues, which would be of consideration
before going to Sri Lanka:
Company law
According to this law, the foreign companies which are incorporated outside of Sri
Lanka, and after the date of contract made established their businesses within Sri Lanka, must
consult the register for registration, right after one month of its date of establishment. The
company registrar under the Act is granted complete authority over its land. However, if it
decides to transfer the property ownership to some other company etc., it is subjected to
100% tax which worth the value of the property (Harris and Varia, 2010, p. 1).
Moreover, the foreign companies, that initially had business running within Sri Lanka,
before signing under Company law, must get itself registered as an overseas company. It can
be done by providing all required documents to the registrar, thereby getting a certificate of
registered overseas company from it (Harris and Varia, 2010, p. 1).
The documents which needed to be submitted to the registrar include certification of
the companys constitution, personal and official information of the company directors, a Sri
Lankan citizen who represents the company and proves its authenticity on his behalf, address
of international headquarters of company (in this case its UK address of BA) and its location
within Sri Lanka, and lastly documented proof of companys incorporation (Harris and Varia,
2010, p. 2).
Contract law
This law stated that all companies which sign contract with the government,
companies or local authorities, and the contract worth a value above US $50,000 must get
their contract governed by the Public Contract Act. The relevant contracts representatives
must get the contract registered by the registrar of the Public contract law (Harris and Varia,
2010, p. 2).
Foreign companies cannot invest in money lending or retail trade when the share
capital is less than US $1 million (Harris and Varia, 2010, p. 5).
In production sector, the foreign investment is allowed up to 40% of the share capital
Termination of contract
The contract of working employees cannot be terminated by the will of the employer
when the employee is working for more than one year. The termination is awarded only in
two cases. Firstly, the employees himself/herself applies for termination of the job contract,
or the termination is approved by the Labour Commission (Shamal, 2013).
Taxation
The persons who are employed in both Sri Lanka and other state is freed from double
taxation. United Kingdom and Italy is among those countries with which Sri Lanka has
signed Double Taxation agreements. However, Stamp Duty tax is imposed on every exported
and imported instrument. Moreover, 100% tax on share capital is imposed on foreign
companies who decide to transfer their ownership (Harris and Varia, 2010, p. 3).
Property Law
The Sri Lankan government impose Property law according to which a special
taxation is imposed on foreigners who buy land and property there. Moreover, the foreigner
can purchase the land after getting permission from Controller of exchange. Additionally, if a
foreigner sale the property, he/she can transfer that capital money abroad only after getting a
approval for doing so (Harris and Varia, 2010, p. 3).
In matters dealing with securities and debts (Harris and Varia, 2010, p. 3).
The Controller of exchanges grants permission for above matters only when the
foreign company has approval from the Central bank of Sri Lanka (Harris and Varia, 2010, p.
3).
The National Environmental Act inspects companies, assesses the effect of their
working on environment, and issue license to those who protect environment at most (Harris
and Varia, 2010, p. 4).
Highlighted political risks of which the company must be concerned for are discussed
here below:
Board of Investment
The present condition of the Board of Investment (BOI) is deteriorating. Initially, it
was designed to facilitate investors, but currently it is unstable due to its excessive indulgence
of Economic Development Ministry (EDM) in it. Moreover, EDM has put a restriction on
BOI i.e. it can only provide an allowance up to the set limit of US $3 million, which is quite
insufficient as compared to US $500,000 allowance mainly awarded in other countries.
Additionally, the foreign investors have to face political issues by not only BOI, but also from
Tourism authority, Health ministry, Sri Lankan government and all authorities who are part of
that project (Overseas business risk Sri Lanka, 2013).
Public riots which delays international seminars and meetings in Sri Lanka, as foreign
authorities of ministry hesitate to visit there.
Civil Commotion.
that period has not been exposed on international level. The government, despite of its
accountability, has not been fully transparent through media to the global world. This
proposes the future threat of rebellious citizens for its government (Matsangou, 2013).
production source of Sri Lanka. As a result of declining economic growth and hostile
development in export market, living costs have increased drastically. This has led to
increasing demands of trade unions who want their wages increased in order to meet with
daily expenses. Moreover, imports prices have increased due to increased power energy
resources prices and greater than 13% depreciation in the Sri Lankan currency (Aneez, 2012).
The overall economic downturn has eventually declined its GDP growth by 6.4% in
2012 (Matsangou, 2013).
Corruption
Corruption is constantly rising among the Public sector in Sri Lanka. It is highly
prominent in lower courts. Bribery is a common practice in legal sector. Politicians and
governmental authorities keep piling their assets and wealth, and refrain from providing their
assets transparency to the public. An anti-corruption legalisation is introduced but not
practiced due to unavailability of skilled staff in the investigation bureau. Most importantly,
Sri Lankan government does not provide protection to public, due to which corruption is keep
rising (A snapshot of corruption, 2013).
According to Sri Lanka (2012), Sri Lanka has been ranked on 76th position among
corrupted countries, as reported in the annual Global Corruption Perception Index (CPI). This
is due to the weak anti-corruption mechanism in Sri Lanka.
situations and risk of instability created within Sri Lanka via unforeseen means (Sri Lanka is
still under threat, 2014).
In 2013, the threat of terrorism is more evident due to more authoritarian government
and suffering people (Aneez and Sirilal, 2013).
produced in the UK, on international level in Sri Lanka. It will give more exposure to its
development. Moreover, the employees of the company will be awarded job opportunities at
both national and international levels. In this way, industrial activity of the UK Company will
be enhanced. Additionally, global operation let the company to maintain balance of its
revenues. Lastly, global operating provides home company with advantage of foreign culture
(Soni, 2012).
When BA will operate outside of the United Kingdom, it can gain unlimited revenues
through its international consumers. It is reported that most of the multinational firms earn
more from global customers as compared to local ones during times of economic recessions
in home country (Hamel, 2014).
Similarly, while operating outside of the UK, the company can hire and train diverse
and skilled labour. Normally, the wages and working hours vary from country to country. So,
the company can earn best if it go multinational in countries where employees wages are
affordable and working hours are flexible for producing maximum production (Hamel, 2014).
Following figure shows the ranking or Sri Lanka among World economic freedom
rankings (Why do Business, 2013):
Sri Lanka provide equal life and employment opportunities to all men and women. It
strongly abide by the child labour laws and prevail equal gender environment in all sectors
(Why do Business, 2013).
Strong Location
Sri Lanka is cantered at the crossroads of chief shipping courses which connects
South Asia, Far East and the Pacific with Europe and USA. Moreover, under governmental
legal policy, Sri Lanka has recently signed free trade agreements with India and Pakistan. In
this way, the BA Company of the UK can easily ship its products to Asian countries,
especially to India. This awards free trade market access to the company (Why do Business,
2013).
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