Regulation of Labour Standards: An International Perspective (original) (raw)
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International labour standards and regulation
This chapter will provide an in-depth discussion of the historical and contemporary context of international labour regulation and labour standards. First, it begins by providing a historical context of the origins of International labour regulation. It then critically discusses an emergent body of literature that under the ideological influence of neo-liberalism promotes ‘labour governance’ instead of ‘regulation’. Next, it explains the central role that the ILO plays – historically, as well as contemporarily – on all considerations of labour standards. Further, it examines the contemporary dominance of trade between and among corporate supply chains and, thus, introduces an analytical framework of intercorporate labour regulation, where the subjects of labour regulation are the nation-state and the company, the objects (the means) of regulation are ‘soft’ and ‘hard’ and all regulatory subjects and objects congregate at four levels of supply chain and trade relations: uni-lateral, bi-lateral, regional/pluri-lateral, and multi-lateral.
International Labour Standards-critical assessment
Labour standards consist an indispensable element of today’s world of work. The beneficial influence of them on workers and companies is undoubted; empirical evidence has proven, according to Weiss (2013), that they contribute to a better health and human capital, which leads to higher levels of productivity. It could be also supported that proper working conditions can enhance workers’ motivation and willingness. Labour regulation constitutes, concomitantly, a fundamental investment in a functioning market economy. It does not only have a positive impact on the workers and the economy, but also helps society as an entity to become more stable and developed. And, nowadays, since the world has become globalised, labour standards cannot only be implemented at national but also at international level.
Labour Standards Regulation in a Globalised Economy: A Review of Existing Paradigms
Recent global development paradigms such as the deregulation of labour markets in tandem with the informalisation have weakened the power of trade unions as well as that of the state in all countries, irrespective of their unique circumstances. One area most affected by this reduced union and state power is the inspection and enforcement of labour standards, especially along value chains and among informal economy operators. A space has therefore been created for an emergence and a proliferation of new forms of labour standards governance, monitoring and regulation. These are made up of firm's self-regulation of labour standards and non-governmental systems. The viability of these options for labour standards governance remains a subject that requires interrogation for the purposes of analysis and policy. This paper is an attempt to fill this need by presenting a review of the existing paradigms. Regardless of the endemism of non-governmental regulation, this paper is grounded on the premise that non-governmental regulation mechanisms do constitute a viable alternative to state regulation. A combination of voluntary initiatives by firms, as well as monitoring and enforcement by the state is thus proposed.
The international labour standards regime: a case study in global regulation
Environment and Planning A, 2005
Introduction The postwar expansion in international trade and the complexity of issues addressed by contemporary trade negotiations have led to an attendant expansion in the focus and activities of those international organisations with responsibilities for trade regula-tion. This ...
MULTINATIONAL CORPORATIONS’ ROLE IN IMPROVING LABOUR STANDARDS IN DEVELOPING COUNTRIES
This paper revisits the discourse on the roles of various stakeholders in improving labour standards in developing countries, paying particular attention on the role of multinational corporations (MNCs). This article argues that big business’s ability to improve labour standards is a multifarious issue, often misunderstood as overlapping motivations from a plethora of actors like the nation state, national and international labour unions and donor agencies are inter-engaged in complex political-economic contexts and have yet to agree on universal labour standards. None of the actors have sole responsibility or can unilaterally improve labour standards. While MNCs are seeking profit, developing countries are caught between foreign direct investment and overall economic growth through global trade. To substantiate, this article considers representative examples from mass produced consumer goods industries, which are major foreign exchange earners in developing countries, and are positioned at the centre of North-South and South–South competition in the complex matrix of global trade.
Advances in Social Sciences Research Journal, 2020
This paper examines the operations of multinational enterprises (MNEs) in so far as they are able to influence the public and labour relations policy and law of their host nation with a special attention on African nations. It is to be expected that MNEs would already be comfortable with the mechanisms in place for the resolution of labourrelated or commercial disputes in their country of origin. The question then that arises is: If confronted with an employment relations situation in their host nation, would the MNE attempt to circumvent or adapt the process to suit what they are already familiar with? This could pose a challenge for the practice of international labour law. Literature (Briscoe, Schuler & Tarique, 2012; Eweje, 2009; Iyanda & Bello, 1979; Onimode, 1978) already alludes to the fact that MNEs tend to take the 'line of least resistance' if confronted with 'higher' labour standards. A comparative exploratory analysis was undertaken. The paper identified MNEs in selected African countries-Nigeria, South Africa, and Zambia-that have been reported to have had a challenge in dealing with labour-related or commercial standards of their host nation. The selected MNEs had been reported in the news media for having had a 'run in' with their host nation on, at least, a labour-or commercial law-related matter. The principal legislation governing labour relations in these countries are, in some cases, briefly highlighted to underscore the extent of their breach or disregard by the examined MNEs. Furthermore, a qualitative, thematic analysis of selected reported cases involving these MNEs were undertaken to highlight evidences (or instances) of attempts, if any, by the MNEs to circumvent the commercial, fiscal or labour standards of the host nation. Finally, it is hoped that the result of the above analyses would inform the possibility of proposing a framework for MNEs compliance with the labour standards of their host nation.
Acting With Integrity Across The World’? What Do Multinationals Say About Labour Standards?
2017
This paper is concerned with global labour governance and with the position taken by UK based multinational corporations with regard to labour standards in the management of their supply chains, both in the UK and internationally. Organisations may have multiple and varied reasons for their public statements on corporate behaviour, we ask what the largest and most reputable of UK organisations pledge in their public statements about the ways in which they manage across international and corporate boundaries. We address the following questions. What are the claimed objectives for MNC’s in considering management across international boundaries, including management of their supply chains? How do they frame those objectives in public documentation? This paper reports on the first phase of our work, based on documentary research. We have reviewed the annual reports of 20 UK plc’s – multinationals with extensive overseas supply chains and considerable purchasing power and influence. Powe...
A view on international labour standards, labour law and MSEs
This working paper is one of the follow-up activities to the discussion in November 2006 by the ILO Governing Body's Committee on Employment and Social Policy on "Business environment, labour law and micro-and small enterprises" (GB.297/ESP/1). The Committee encouraged the Office to examine the 'win-win territory' of where it is possible to reduce compliance costs for micro-and small enterprises (MSEs) and simultaneously improve effective protection for workers in those enterprises. The working paper examines the extent to which International Labour Standards (ILS) apply to MSEs, as the International Labour Standards is the principal frame of reference for seeking guidance on the design and application of labour legislation in the national context. ILO Standards are universally applicable to all workers and enterprises. Nonetheless, although several ILS have been ratified by most developing countries, application of Core Labour Standards as well as other International Labour Standards have remained difficult in the workplace with subsequent absence of workers' rights and protection and a general environment of inequity and vulnerability among various groups. In the hope of increasing livelihood opportunities for the unemployed and underemployed workforce, ILO's member States have created in their respective national labour codes exemptions, exclusions and in some cases, parallel labour regimes for the MSEs. Although ILS in several instances allow member States to adapt to the unique national situations, such adaptation need not lead to the major portion of the workforce and enterprises remain outside the purview of labour law. Successful implementation of innovative policies and good practice requires taking into account the special features of the context in which these policies and practices are implemented. The success of some of the initiatives owes much to the cohesiveness of members representing MSEs and to the responsiveness and openness of the national and local political systems. An interesting lesson that emerges from the experiences reported in this working paper is the importance of enlisting the support of other state institutions in the efforts to strengthen and enforce labour rights. A broader institutional strategy is especially appropriate for ensuring respect of the fundamental principles and rights at work protected by the ILO Declaration. The working paper is the result of collaboration between EMP/SEED, NORMES and DIALOGUE. It was prepared by Professor Julio Faundez under the technical supervision of Gopal Joshi (EMP/SEED) in collaboration with Nathan Elkin (NORMES) and Jane Hodges (DIALOGUE). Their respective technical inputs and those of various other colleagues from NORMES and EMP/SEED are gratefully acknowledged.
Core Labour Standards and International Trade
2015
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