Labour Standards Research Papers - Academia.edu (original) (raw)

This Training Manual on Child Labour in Afghanistan aims to equip trainees with the knowledge and skills to combat all forms of child labour, including its worst forms in Afghanistan. This Manual is expected to enable the stakeholders,... more

This Training Manual on Child Labour in Afghanistan aims to equip trainees with the knowledge and skills to combat all forms of child labour, including its worst forms in Afghanistan. This Manual is expected to enable the stakeholders, such as the government, social partners, UN organizations, NGOs, private sector and civil society organizations to have uniform knowledge and the skills needed to better address the
problem of child labour through a multi-sectoral approach, and thus help the children of Afghanistan.

Labour standards adopted under the auspices of the ILO constitute the principal international influences on public sector collective bargaining; it is those standards that are the subject of this article. Focusing on the position of... more

Labour standards adopted under the auspices of the ILO constitute the principal international influences on public sector collective bargaining; it is those standards that are the subject of this article. Focusing on the position of essential public sector employees, ILO principles concerning collective bargaining, dispute settlement and the right of workers to withdraw their services as part of bargaining are examined. Particular attention is devoted to the application of ILO standards to essential public sector employees and police officers; and the extent to which Australian law complies with these standards. The ILO supervisory bodies have acknowledged that restrictions on the general right of workers to collectively bargain and to strike can be justified in the case of essential public employees, but only on a minimal or proportional analysis. The ILO has also emphasised that any restrictions on the right to strike must be compensated by adequate, impartial and speedy conciliation and arbitration processes. It is shown, however, that with respect to essential public employees and police officers operating under the Fair Work Act 2009 (Cth), Australian law falls short on both of these scores, with a resultant uncertainty regarding the right of these workers to bargain collectively.

A growing body of scholarship analyzes the emergence and resilience of forced labor in developing countries within global value chains. However, little is known about how forced labor arises within domestic supply chains concentrated... more

A growing body of scholarship analyzes the emergence and resilience of forced labor in developing countries within global value chains. However, little is known about how forced labor arises within domestic supply chains concentrated within national borders, producing products for domestic consumption. We conduct one of the first studies of forced labor in domestic supply chains, through a cross-industry comparison of the regulatory gaps surrounding forced labor in the United Kingdom. We find that understanding the dynamics of forced labor in domestic supply chains requires us to conceptually modify the global value chain framework to understand similarities and differences across these contexts. We conclude that addressing the governance gaps that surround forced labor will require scholars and policymakers to carefully refine their thinking about how we might design operative governance that effectively engages with local variation.

This volume examines the legal dimension of the ILO's action in the field of Child Labour. The authors investigate the implementation of the relevant legal instruments and assess the effectiveness of the ILO supervisory system. All... more

Jackson, G., Doellgast, V., & Baccaro, L. (2018). Corporate Social Responsibility and Labour Standards: Bridging Business Management and Employment Relations Perspectives. British Journal of Industrial Relations, 56(1), 3-13.... more

This Responsible Management Audit, looks to determine whether Europe’s largest sportswear manufacturer, Adidas, endeavours to comply with the Ten Principles proposed by the United Nations Global Compact and takes meaningful steps to... more

This Responsible Management Audit, looks to determine whether Europe’s largest sportswear manufacturer, Adidas, endeavours to comply with the Ten Principles proposed by the United Nations Global Compact and takes meaningful steps to improve performance, or if the firm simply uses Corporate Social Responsibility Reports as a reputation management tool.

In 2006, the private sector lending arm of the World Bank, known as the International Finance Corporation, formally modified its mandate to establish a new set of Performance Standards on Social and Environment Sustainability. The new... more

In 2006, the private sector lending arm of the World Bank, known as the International Finance Corporation, formally modified its mandate to establish a new set of Performance Standards on Social and Environment Sustainability. The new standards were established following several years of criticism and pressure from the International Trade Union Confederation and other global unions, and were intended to predicate IFC lending on its borrowers first meeting certain minimum standards, specifically including core labour standards. This Discussion Paper reviews the recent emergence of these standards, and examines two IFC- funded projects in Turkey with a specific focus on a trade union, Petrol-İş that has attempted to enforce the standards in situations where particular employers were deemed to have breached them. The paper considers the extent to which these new IFC standards have expanded the tools available for trade unions, not only for enforcing core labour standards, but also for helping to legitimise and create space for the role of trade unions in the Turkish economy. Following a review of available literature, and detailed reporting of a series of interviews conducted with trade union organisers, the paper concludes that the new IFC performance standards have been a positive development, and have paved the way for new potential channels for defending union organising efforts and rights to collective bargaining. While the Turkish trade unionists that have been the first to use these tools insist that they should not be seen as replacing conventional union organising activities, it is nonetheless clear that the new IFC performance standards represent a key gain for trade unions.

This study presents an analysis of trade and investment relations between the EU and India and the possible impact of the free trade agreement (FTA), currently under negotiation. The methodology applied to assess the impact of the FTA is... more

This study presents an analysis of trade and investment relations between the EU and India and the possible impact of the free trade agreement (FTA), currently under negotiation. The methodology applied to assess the impact of the FTA is based upon the Sussex Framework and the concepts of deep and shallow integration. The EU-Indian relations are outlined in the context of multilateral, bilateral and regional frameworks.
The study is divided into four sections. The first chapter sets the EU – India relations in a political context, elaborating on the legal basis of advancing stages of collaboration that led to the strategic partnership. The second chapter examines the Common Commercial Policy emphasising on the instruments and criteria applied by the EU in its external trade policy. Indian trade policy is briefly presented to assess the extent to which two partners’ policy positions overlap in regards to the FTA. The third chapter provides an overview of trade and investment patterns and flows between the EU and India over the last decade with the focus on trade in goods and services and on foreign direct investments (FDI). This chapter also elaborates on the specificity of Indian business environment leading to conflicts of interests with the EU. Chapter four provides an impact assessment of the FTA on the basis of the theory of deep and shallow integration. The potential impact is evaluated on the basis of selected issues which have caused a stalemate in the ongoing negotiations, namely tariff dismantling, pro- mobility clauses within the liberalisation of services, labour standards and intellectual property rights.
The findings of this study indicate that while the EU-India FTA remains a viable opportunity for both partners, the potential benefits are not always apparent for the stakeholders. For the EU, the FTA will prove beneficial only if it is followed by deep integration, implying a higher level of convergence of standards and elimination of non-technical barriers to trade in India. This causes resistance on the Indian side as in their view it infringes upon domestic methods of governance and implies costly reforms which India could not handle currently due to its high fiscal deficit and currency volatility. The EU is consistent in exercising its external trade policy in a sense that it has maintained its demands on the sustainable development chapter and liberalisation on FDI. However, the EU external trade policy is not fully effective since the EU has not been able to obtain substantial concessions from India on the most “comprehensive” elements disputed. The EU has low visibility in India and the FTA is perceived negatively by many stakeholders who feel excluded from the negotiation process — these factors further undermine the EU’s legitimacy and effectiveness.

In this article, the Social Structures of Accumulation (SSA) theory is used to situate Transnational Labor Regulation (TLR) in a historically accurate and socially relevant context, account for global labor market segmentation,... more

In this article, the Social Structures of Accumulation (SSA) theory is used to situate Transnational Labor Regulation (TLR) in a historically accurate and socially relevant context, account for global labor market segmentation, developments in trade relations, patterns of consumption, and-significantly-aversion to any form of labor regulation. Total subsumption of labor under capital is a feature of the current SSA, wherein facets of human existence are increasingly commodified. Within this context, regulation is marginalized and replaced by "labor governance" and stakeholder approaches, with a prospect of regimes where labor standards and workplace protections would no longer be a legal right but absorbed into corporate governance processes and managed as technical standards. Could the International Labor Organization (ILO) assist such an endeavor and called upon to draft corporate governance rules for supply chain management? Furthermore, theoretical, methodological and policy propositions are explored in this paper. Theoretically, macro-level SSA analyses can be complemented at the micro-level by the intersectionality discourse, to scatter the monistic level of analysis "worker." Methodologically, various approaches for doing research "from below" are reviewed. Our policy proposition centers on examining how labor regulation clauses could be incorporated to English (private) common law that governs supply chain relations.

This paper examines the existing status of gender-sensitivity of Bangladesh PRSP. In particular, the study analyzes the presence of gender mainstreaming in the contents and processes of this PRSP. The paper also assesses the usage of... more

This paper examines the existing status of gender-sensitivity of Bangladesh PRSP. In particular, the study analyzes the presence of gender mainstreaming in the contents and processes of this PRSP. The paper also assesses the usage of different gender and development policy approaches. It scrutinizes the performance of Bangladesh PRSP in a global perspective. The present study explores the gender sensitivity in diagnosis, selecting public actions, budgeting & implementation and monitoring & evaluation. The paper also pays special attention to asses how effectively gender experts participate in the processes and stakeholders consultations at the various stages of PRSP. This paper looks into the gender-sensitivity of different sectors such as health, nutrition & population, education, labor markets, agriculture, safety-nets, infrastructure, empowerment, financial services etc. with due concentration on the different dimensions of poverty such as capabilities, opportunities, security and empowerment of women. Finally, the paper recommends how Bangladesh PRSPs can deal gender issues in detail. All stakeholders within PRSPs' processes (including donors) should address gender mainstreaming within their own institutional frameworks. This paper is based on a desk study combining information from primary and secondary sources. Quick gender scanning techniques developed by Nathalie Holvoet is employed to look at the current status of Bangladesh PRSP. On the basis of the present analysis, this paper proposes several useful instructions to bring about gender-sensitive PRSPs in future.

Globalization, technological change, and governments’ policy choices continue to provoke massive structural changes in the world of work. These transformations pose unprecedented challenges for established institutions and modes of the... more

Globalization, technological change, and governments’ policy choices
continue to provoke massive structural changes in the world of work.
These transformations pose unprecedented challenges for established
institutions and modes of the governance of work. Unsurprisingly, they
have been accompanied by a growing complexity and “
hybridization”
of regulatory modes and mechanisms. While governance remains a
central responsibility of governments, public governance increasingly
co-exists with private governance and social governance.
The hybridization and proliferation of forms and mechanisms of
governance is a consequence of the fragmentation of production
across national boundaries. As previously pointed out by the
International Labour Organization, the emergence of global supply
chains has provided new opportunities for many developing countries
to participate in global trade, diversify their economies and generate
employment. At the same time, production for global supply chains
has raised new concerns about working conditions and the protection
of workers’ rights.
This volume is the result of a collaborative effort involving recognized
research experts from different disciplines. It aims to review current
knowledge on developments in the governance of work in global
supply chains. It also presents several in-depth case studies that
analyse public, private or hybrid governance arrangements.

There are hidden costs in the production and procurement of medical goods by Australian companies and the public sector: mounting evidence shows that there is a high occurrence of labour and human rights abuses in the production of goods... more

There are hidden costs in the production and procurement of medical goods by Australian companies and the public sector: mounting evidence shows that there is a high occurrence of labour and human rights abuses in the production of goods such as gloves, surgical instruments, clothing, footwear and electronics. The production of these healthcare goods is tainted by hazardous working conditions, labour exploitation, child labour and other abuses.

Volume 1 Issue 1 Special Issue on Globalization(s) and Labour in China and India, guest edited by Paul Bowles and John Harriss ... Greg Flynn McMaster University, flynngl@mcmaster.ca ... Robert O'Brien McMaster University,... more

Volume 1 Issue 1 Special Issue on Globalization(s) and Labour in China and India, guest edited by Paul Bowles and John Harriss ... Greg Flynn McMaster University, flynngl@mcmaster.ca ... Robert O'Brien McMaster University, obrienr@mcmaster.ca ... This Article is brought to ...

In the last decade the EU has embarked on a series of deep and comprehensive Free Trade Agreements (FTAs). Each of these agreements includes a chapter on trade and sustainable development, encompassing labour (and environmental)... more

In the last decade the EU has embarked on a series of deep and comprehensive Free Trade Agreements (FTAs). Each of these agreements includes a chapter on trade and sustainable development, encompassing labour (and environmental) provisions. Against the background of increased liberalisation and rising attention paid to sustainable development, EU FTAs set up civil society mechanisms to advance the implementation of these commitments. While civil society meetings have become increasingly important in practice, the assessment of their success differs widely among actors. While some see it as a 'fig leaf' or 'talking shop', others are more optimistic about its potential to empower marginalised groups within EU trading partners. Evaluations will continue to diverge as long as the exact purposes of the civil society meetings have not been clarified. This chapter is a first attempt to uncover the purposes behind them. By combining a content analysis on the legal texts and political discourse we identify four analytically distinct purposes: instrumental (gathering support for the FTA), functional (monitoring and information gathering on the implementation), deliberative (promoting democratic governance) and policy influence (advising the governments). We do not aim to prioritise one purpose over another. However, we do argue that the primordial purpose of the mechanisms should depend on the domestic setting of the trade partner country and on the matureness of the mechanism.

Bangladesh Institute of Labour Studies (BILS) wanted opinion on the following Points: i. Whether personal law of inheritance is applicable in case of distributing compensation under labour Law. ii Whether compensation among the... more

Bangladesh Institute of Labour Studies (BILS) wanted opinion on the following Points:
i. Whether personal law of inheritance is applicable in case of distributing compensation under labour Law.
ii Whether compensation among the dependents of the victims can be divided equally.
iii. What is the correct position of law in Bangladesh regarding the distribution of compensation among the families of the victims of Rana Plaza?.

This report focuses on the South Indian garment industry clustered around Tirupur and specifically on the labour challenges faced by the industry. We conducted 135 interviews and engaged in a series of consultations with around 100... more

This report focuses on the South Indian garment industry clustered around Tirupur and specifically on the labour challenges faced by the industry. We conducted 135 interviews and engaged in a series of consultations with around 100 further participants (including business actors, workers, NGOs, unions, and government agencies) in South India during 2018-19 to explore these challenges and potential solutions. We found that the industry is at a crossroads. Despite decades of growth it faces three main labour challenges – competitive threats from lower cost producing countries, labour shortages, and reputational challenges around decent work. There is a widespread belief in the industry (including among employers, unions and workers) that pay and working conditions in the cluster have improved and that the worst forms of exploitation have declined in prevalence. However, exploitation persists in a variety of forms. The most common forms of exploitation are restrictions on freedom of movement, health and safety
violations, low pay, lack of contracts, gender discrimination, verbal abuse, and limited opportunities for collective bargaining and association. There is some, but more limited, evidence of forced, bonded and child labour. These problems are a result of persistent structural conditions that give rise to exploitation. These include demand-led factors (namely, the cost, time and flexibility pressures experienced by producers) and supply-led factors which lead to vulnerability of workers (namely gender inequality, limited economic choices, and limited knowledge of relevant rights and protections among workers). To tackle these challenges, local actors have experimented with a range of different approaches. We identify four main alternative pathways to change: (i) Economic upgrading; (ii) Responsible migration; (iii) Relocation of manufacturing; (iv) Diversification. Each offers its own set of opportunities and challenges for addressing decent work and economic growth. We recommend that the industry and its stakeholders should collaborate to develop a shared Vision 2030 and accompanying goals to address decent work and economic growth in the sector. This should be used to drive alignment around a common strategy and provide a means for external branding of the cluster. A multi-stakeholder taskforce should be formed to lead the Vision 2030 initiative. We recommend that this process be formalized and inclusive and led by an independent organization or chair. Three key focus areas for the Vision 2030 should be freedom of movement, health and safety, and the development of worker-driven social responsibility. We offer 12 practical recommendations for key stakeholders to implement to tackle these focus areas.

In the recent decades, fashion brands and retailers in the West have introduced supplier’s Codes of Conduct (CoC) to strengthen international labour standards in their supply chain. Drawing from the concept of workers’ agency and the... more

In the recent decades, fashion brands and retailers in the West have introduced supplier’s Codes of Conduct (CoC) to strengthen international labour standards in their supply chain. Drawing from the concept of workers’ agency and the theory of reciprocity, this paper examines the implementation of CoC from the workers’ perspective and identifies the mechanism used by the workers to negotiate with their employer. Qualitative data was collected from forty semi-structured interviews with mangers, union representative and workers at a garment factory in Vietnam which manufactures clothes to a few well-known fashion brands in the US and Europe. The findings show that, externally, workers are united with the management in hiding non-compliance practices to pass labour audits while, internally, workers challenge the management about long working hours and low pay. This finding highlights the active roles workers play on the two fronts: towards their clients and towards the management. Thei...

This paper analyses the trajectory of the campaign for ethical practices in the apparel industry, emphasizing the role of consumers in the process. It is argued here that the complexity and intransparency of supply chains – typical for... more

This paper analyses the trajectory of the campaign for ethical practices in the apparel industry, emphasizing the role of consumers in the process. It is argued here that the complexity and intransparency of supply chains – typical for the apparel industry since the 1970s – has been a major impediment in addressing unethical practices in the industry. The anti-sweatshop movement that emerged in Europe and North America in the 1990s failed, mostly due to its internal inconsistencies, to introduce a strong enough push to force lead firms to reform their sourcing patterns. Unwilling to make significant concessions but increasingly pressured into action, brand owners and mass retailers chose to engage in private, voluntary certification schemes in order to prevent distressing exposés and maintain legitimacy. Majority of the certification schemes adopted in the industry led to only limited improvements, however. It is argued in this paper that a new opportunity window for implementation of ethical practices in the industry has opened recently with the advent of the MFA phase-out and changes in the structure of the industry associated with the 2008 financial crisis. Firms consequently began to experiment with more consolidated sourcing patterns and became therefore more open to the idea of reducing complexity in their supply chains. It is argued here that the move towards more integrated supply chains should be fostered by regulators, and should be accompanied with a push for increased transparency. Increased transparency is crucial as it enables civil society actors to scrutinize sourcing practices more efficiently and consumers to engage in more systematic and meaningful ethical purchasing.

The European Union internal market seeks to ensure the free movement of goods, services, capital and citizens. The primacy given to these economic freedoms has culminated in a socio-economic reasoning dominated by competition, bringing... more

The European Union internal market seeks to ensure the free movement of goods, services, capital and citizens. The primacy given to these economic freedoms has culminated in a socio-economic reasoning dominated by competition, bringing about side effects that may pose a threat to working conditions and labour standards. This article examines the problematic relationship between economic freedoms and labour standards in the context of cross-border labour recruitment. It starts with a summary of the relevant EU acquis, in particular rules concerning social security coordination and the pay and working conditions of posted workers. It reviews key issues of the ‘hard core’ of the internal market legislation (free choice of contracts, freedom of establishment for firms, deregulation of the ‘business environment’ and free provision of services). The next part identifies experiences of rule-enforcing institutions: regime shopping, non-compliance with social standards, lack of cross-border ...

The article proves the necessity of harmonization of the Ukrainian labour legislation in accordance with Acquis communautaire. The main legal acts in the sphere of Ukrainian labour legislation are analyzed. Special attention in the... more

The article proves the necessity of harmonization of the Ukrainian labour legislation in accordance with Acquis communautaire. The main legal acts in the sphere of Ukrainian labour legislation are analyzed. Special attention in the article is devoted to the critics of the Draft Labour Code of Ukraine, also marked its contradictions, positive sides and shortcomings are indicated. Potential dangers of the protection of labour rights in Ukraine connected with the lack of regulation of activity of trade unions are identified. The conditions necessary for the successful implementation of international labour standards and principles in Ukrainian national law are proposed.

Jan Cremers has contributed with a main article in Transfer: European Review of Labour and Research (Vol. 22-2). It was published by Sage (open access). His article is an extended version of a paper he delivered for a conference in St... more

Jan Cremers has contributed with a main article in Transfer: European Review of Labour and Research (Vol. 22-2). It was published by Sage (open access). His article is an extended version of a paper he delivered for a conference in St Petersburg. He examines the problematic relationship between economic freedoms and labour standards in the context of cross-border labour recruitment. He summarises the relevant EU acquis, in particular rules concerning social security coordination and the pay and working conditions of posted workers. It reviews key issues of the ‘hard core’ of the internal market legislation (free choice of contracts, freedom of establishment for firms, deregulation of the ‘business environment’ and free provision of services). It also identifies experiences of rule-enforcing institutions: regime shopping, non-compliance with social standards, lack of cross-border enforcement, the difficulty of tracing circumvention in a transnational context and weak sanctioning mechanisms. The possibility of verifying, legally and in practice, whether a worker is correctly posted within the framework of the provision of services has become an Achilles heel of the enforcement of the use of cross-border recruited labour. The author finally assesses whether the 2014 Enforcement Directive can be seen as an effective remedy for the identified problems.

This article summarises opinion research among labour migrants, in particular on their housing, working and living situations. The COVID-19 outbreak has highlighted the extent to which labour migrants carry out many essential functions in... more

This article summarises opinion research among labour migrants, in particular on their housing, working and living situations. The COVID-19 outbreak has highlighted the extent to which labour migrants carry out many essential functions in undertakings, albeit without the respect due to them. Many user firms leave the recruitment of migrant labour to their planning department, resulting in an instrumental approach. Trade unions hardly play a role as an agent. As a result, workers are often invisible and unrepresented, while employers glorify the ‘work ethic’ of migrant labour. As the majority of labour migrants are recruited as temporary agency workers, with HR departments generally not involved, they are not regarded as ‘own staff’. This status is at odds with the observation made during the pandemic that these workers perform vital functions in many firms. It also contradicts local research finding that user firms anticipate a need for migrant workers in the future.

Fears of a 'race to the bottom' in labour standards may have been overstated. Nevertheless, using Sweden as a case study, it is argued that the diminished capacity of trade unions to defend labour standards following the Laval judgement... more

Fears of a 'race to the bottom' in labour standards may have been overstated. Nevertheless, using Sweden as a case study, it is argued that the diminished capacity of trade unions to defend labour standards following the Laval judgement of the European Court of Justice, together with a decline in trade union density, a limited remit of enforcement authorities and recent changes to the Swedish labour migration regime, may have detrimental impacts on labour standards, particularly in low-skill low-wage occupations. In combination, these developments are creating new spaces for migrant precariousness within the context of a formerly well-regulated Swedish labour market model.

This article looks at variables that affect the working lives of small business entrepreneurs in Sylhet City, Bangladesh, and whether microfinance ensures decent working conditions in small ventures. The findings show that social dialogue... more

This article looks at variables that affect the working lives of small business entrepreneurs in Sylhet City, Bangladesh, and whether microfinance ensures decent working conditions in small ventures. The findings show that social dialogue among borrowers and their enterprise stability have the largest impacts on work and non-work life, and that social discussions among borrowers have the most significance in achieving harmony between work and non-work life. The results suggest that loan organisations need to draw in their borrowers more by using social relations in empowering decent working conditions.