InWorkers, Unions, and Global Capitalism: Lessons from India, Rohini Hensman maintains that globalisation has afforded workers new opportunities for confronting capitalist exploitation. Using India as a point of departure, Hensman highlights globalisation as paradoxical, challenging anti-globalisers and the globalisation-as-imperialism thesis, to argue that capital’s toilers are now becoming its gravediggers. This analysis also explains why the World Trade Organization is so appealing to Hensman: a quintessence of capitalism’s contradictions. Hensman argues for both transnational solidarity and independent trade unions, embodied in (...) the ‘employees’ unions’ of India, as well as in favour of thewto’s ‘social clause’ amendment, in which the global exploiter is transformed into an arbiter of workers’ rights. The review maintains that the terms of Hensman’s twin position are impossible to reconcile. It evinces an underlying contradiction between opportunistic statism and a conception of revolutionary strategy predicated on action ‘from below’. (shrink)

This paper argues that the deepening and widening of existing worker rights in work environment issues is a necessary condition to promote much needed reform in present day industry, and to reduce the frequency and severity rate of accidents and incidence of industrial disease.

Following the offshoring of production to developing countries by transnational corporations, unions and non-governmental organisations have criticised working conditions at TNCs' offshore factories. This has led to the emergence of two different approaches to operationalising TNC responsibilities for workers' rights in developing countries: codes of conduct and global agreements. Despite the importance of this development, few studies have systematically compared the effects of these two different ways of dealing with workers' rights. This article addresses this gap by analysing (...) how codes of conduct and global agreements both independently and interactively affect workers' rights. We do this based on a qualitative study of the Sri Lankan operations of a Swedish TNC in Sri Lanka, and on interviews with union and NGO representatives actively involved in codes of conduct and global agreements. Our results indicate that global agreements independently address all the aspects included in codes of conduct, while also addressing additional, more process-oriented aspects of workers' rights. Hence, on their own, global agreements seem to comprise the superior approach to promoting workers' rights. Furthermore, our results indicate that promoting codes of conduct has negative interactive effects on global agreements. Based on these results, we argue that the current focus on codes of conduct is counterproductive for the promotion of workers' rights. (shrink)

International framework agreements represent a new generation of transnational agreements between multinational companies and global trade union federations. This paper analyzes the impact of such an agreement on a successful union organizing campaign in Colombia in 2012. We argue that management strategies towards corporate social responsibility and social dialogue influence the impact of IFAs on worker rights. However, this relationship is mediated by the capacity of managers and worker representatives at multiple levels to mobilize their capabilities. The results highlight (...) the importance of institutionalized dialogue between managers and worker representatives, of the dissemination of capabilities across multilevel coordination structures and, most importantly, of their complementarities at various levels. (shrink)

In twentieth century Europe and the USA, industrial relations, labour, and workers' rights issues have been handled through collective bargaining and industrial agreements between firms and unions, with varying degrees of government intervention from country to country. This industrial relations landscape is currently undergoing fundamental change with the emergence of transnational industrial relations systems that complement existing national industrial relations systems. Despite the significance of this ongoing change, existing research has only started to explore the implications of this change (...) for how workers' rights are governed around the globe. This paper addresses this gap by outlining an agenda for future research into the transnational governance of workers' rights. Fulfilling such a research agenda would be both challenging, as it requires combining the so far divergent industrial relations and business ethics research streams, and rewarding, as it provides ample scope for promising future research. (shrink)

A description of how microelectronics and robotics are tending to increase unemployment, followed by comparisons between the social policies of Western European countries and the United States with reard to this problem. A conclusion points out the need for a social philosophy of technology that acknowledges workers' rights.

History shows that legislation can make firms respect their workers’ rights and refrain from victimising them. Given the scale of disregard for workers’ rights around the globe and the absence of a global legislature, should the US step in to protect workforces globally, at least so far as concerns American multinationals? The author is completing her MBA at London Business School and has an American background in accountancy and banking.

History shows that legislation can make firms respect their workers’ rights and refrain from victimising them. Given the scale of disregard for workers’ rights around the globe and the absence of a global legislature, should the US step in to protect workforces globally, at least so far as concerns American multinationals? The author is completing her MBA at London Business School and has an American background in accountancy and banking.

In twentieth century Europe and the USA, industrial relations, labour, and workers’ rights issues have been handled through collective bargaining and industrial agreements between firms and unions, with varying degrees of government intervention from country to country. This industrial relations landscape is currently undergoing fundamental change with the emergence of transnational industrial relations systems that complement existing national industrial relations systems. Despite the significance of this ongoing change, existing research has only started to explore the implications of this change (...) for how workers’ rights are governed around the globe. This paper addresses this gap by outlining an agenda for future research into the transnational governance of workers’ rights. Fulfilling such a research agenda would be both challenging, as it requires combining the so far divergent industrial relations and business ethics research streams, and rewarding, as it provides ample scope for promising future research. (shrink)

Following the offshoring of production to developing countries by transnational corporations (TNCs), unions and non-governmental organisations (NGOs) have criticised working conditions at TNCs' offshore factories. This has led to the emergence of two different approaches to operationalising TNC responsibilities for workers' rights in developing countries: codes of conduct and global agreements. Despite the importance of this development, few studies have systematically compared the effects of these two different ways of dealing with workers' rights. This article addresses this gap (...) by analysing how codes of conduct and global agreements both independently and interactively affect workers' rights. We do this based on a qualitative study of the Sri Lankan operations of a Swedish TNC in Sri Lanka, and on interviews with union and NGO representatives actively involved in codes of conduct and global agreements. Our results indicate that global agreements independently address all the aspects included in codes of conduct, while also addressing additional, more process-oriented aspects of workers' rights. Hence, on their own, global agreements seem to comprise the superior approach to promoting workers' rights. Furthermore, our results indicate that promoting codes of conduct has negative interactive effects on global agreements. Based on these results, we argue that the current focus on codes of conduct is counterproductive for the promotion of workers' rights. (shrink)

The “Protect, Respect, Remedy” Framework along with the UN Guiding Principles on Business and Human Rights is the current global standard regarding corporate conduct. This article analyses the UN Framework from the vantage point of labour rights in India by looking at the garment supply chain. It argues that it can do little to induce states and businesses to bring substantive improvements to working conditions in a largely informal economy like India. Without the state performing its duty to (...) protect human rights, the secondary responsibility of corporations can do very little in realising the rights of workers. Nonetheless, its tallest contribution is that it has given a platform for civil society to push for better conduct from all businesses and marks the beginning of a unified international business and human rights agenda. (shrink)

ASEAN agricultural workers represent one of the most vulnerable groups of workers regardless of citizenship. While bilateral agreements focus on general migration governance mechanisms, the specifics of agricultural workers’ rights and protections fall outside their scope. Due to the seasonal nature of cross-border agriculture, these are flexible precarious workers readily available to employers in the borderlands that often do not invest in worker health and social security. The Article reveals how foreign migrant agricultural workers with and without work permits (...) continue to fall between the gaps of national labor protection laws, due to both legal structural exclusions as well as the particular vulnerabilities of being noncitizen workers in remote, unsafe workplaces. This Article documents some of the developments during 20172019 in migrant employment in export cash crops. The next challenge for the future is developing mechanisms for bilateralism to lower migration costs, with a commitment to genuinely safe migration, as well as the establishment of long-term equitable working conditions for all migrant workers. The major findings demonstrate how the two main reasons for the discrepancies between the BLA and labor protections have to do with the noninterventionist approach of ASEAN and a series of technical exclusions in Thailand’s labor law and regulation. (shrink)

This article extends the theoretical discussion of counterpublics and applies the concept to an authoritarian context. The article contends that it is necessary to distinguish between the counterpublic oriented by liberal ideology that criticizes authoritarianism at an abstract level and the counterpublics that are concerned with substantive inequality. To illustrate the approach taken, the articulation of rural migrant workers’ rights between 1992 and 2014 is documented, demonstrating that, in the 1990s and early 2000s, most public discussion on the issue (...) tended to reduce workers’ rights to civil rights. It was not until the late 2000s that alternative forms of rights, such as social rights, were thematized. As the article argues, this was because the power balance between Counterpublic I and Counterpublic II had been changed. The empirical study explains the transformation and highlights the heterogeneity within Counterpublic II by comparing the diverse strategies employed by different actors. (shrink)

A selective excavation of labor history and an analysis of recent worker experiences in Detroit's bankruptcy expose the conflict of rights that shapes the US capitalist society. Masked by myths, forbidden memories, and selective values, the trumpeting of "workers' rights" in the United States today weakens workers' claims to rights, denying many "an existence worthy of human dignity". Thirty years ago, the National Conference of Catholic Bishops' Economic Justice for All called for a "New American Experiment" establishing (...) positive economic human rights. Today, the problems they identified have worsened, and the conversion they called for is absent from dominant political and economic discourse. The survival strategies of marginalized communities suggest a praxis of conversion creating possibilities for a future of human dignity. (shrink)

The accession and implementation of new generation free trade agreements bring numerous opportunities as well as challenges to Viet Nam, regarding trade, labor and investment. The increasing number of workers abroad puts a pressure on Vietnamese government to support them in new working cultures and environments. The application of chatbot, which has been known to help certain vulnerable groups such as patients, women and migrants could be one of the tools to support Vietnamese migrant workers by providing immediate information, network (...) connection and consultation. Analyzing the results of the qualitative interviews with 11 migrant workers and the group discussion with two sections from three public social media groups and three active informants, the article argues that migrant workers as a vulnerable group who are supposed to be promising users of chatbot due to their great demand and needs, may have a complicated form of trust and expectation in chatbot. (shrink)

This article analyses MNCs, worker identity and the ethical vulnerability caused by over-reliance on expatriate managers and under-reliance on local managers, who are often undervalued. It is argued that MNCs not only need but also have an obligation to assess local managers’ knowledge and contributions as having not only operational and market values, but also institutional value. Local managers both give access to and form part of local social capital and the treatment they receive is an element in the CSR (...) performance of the MNCs. Recognition of the value of equal treatment creates an ethical imperative that the barriers of cultural difference be overcome. We see such an approach towards local managers as more fully taking into account the human rights of these local managers. Such a holistic approach is increasingly relevant for MNCs in the 21st century, as MNCs increasing globalize into new large emerging markets such as Brazil, Russia, India and China. (shrink)

The emergence of the European Union citizenship agenda has mainly taken place along the evolution of mobility rights, with the goal of creating a pan-European labor market. Mobility undermines the nationally embedded notion of industrial citizenship. Industrial citizenship protects workers’ rights and secures their participation in national political systems. The Europeanization of labor markets severs the relationship between state, territory and citizen on which industrial citizenship has been built, undermining worker collectivism and access to representation. This is legitimated (...) in terms of building market-citizenship, i.e., enabling mobile workers as market actors. However, the way mobility is regulated in the EU has the purpose and effect of weakening collective labor institutions, which also undermines workers’ ability to act as autonomous market actors. The same factors which undermine the industrial citizenship of mobile workers also prevent them from being effective free market agents: i.e., they can neither negotiate nor enforce individual contracts effectively in the face of systematic employer fraud and wage theft. The “Arendtian dilemma” of the “right to have rights” — a dilemma that derives from the claim that rights depend on the existence of a political community, which until now is the territorially exclusive nation-state, rather than universal personhood — emerges as industrial citizenship is internationalized. By disembeddeding workers from host-country industrial relations systems, EU regulation provides the social context in which workers’ rights become alienable. (shrink)

I defend a neo-republican account of the right to have political rights. Neo-republican freedom from domination is a sufficient condition for the extension of political rights not only for permanent residents, but also for temporary residents, unauthorized migrants, and some expatriates. I argue for the advantages of the neo-republican account over the social membership account, the affected-interest account, the stakeholder account, and accounts based on the justification of state coercion.

In the United States the Civil Rights Movement emerging after World War II ended Jim Crow racism, with its legal segregation and stigmatization of black people. Yet black people, both in chattel slavery and under Jim Crow, had provided abundant labor subject to racist terror; they were workers who could be recruited for work others were unwilling to do. What was to replace this labor, which had been the source of so much wealth and power? Three federal initiatives helped (...) to create new workers without rights: the welfare reform law of 1996 and the changes in immigration and crime law and policy both starting in the mid-1960s. These changes re-created vulnerable labor, disproportionately marked and stigmatized as black or Mexican. These workers create a central strength of U.S. imperialism: cheap food. Because workers without rights have an important function in a capitalist economy, a society where all workers can flourish is not capitalist but communist. (shrink)

Working from a "capitalist" theory of exploitation, based on a neo-classical account of economic value, I argue that guest workers are exploited. It may be objected, however, that since they are not citizens, any inequality that stems from their status as non-citizens is morally unobjectionable. Although host countries are under no moral obligation to admit guest workers as citizens, there are independent reasons that call for the extension of economic rights – the freedom of occupation in particular – to (...) guestworkers. Since the cause of unequal exchange rests in the fact that guest workers are deprived of these rights, rather than in their exclusion from citizenship per se, I conclude that they are exploited even if their exclusion from citizenship may be justified. (shrink)

Paul Gomberg ABSTRACT: In the United States the Civil Rights Movement emerging after World War II ended Jim Crow racism, with its legal segregation and stigmatization of black people. Yet black people, both in chattel slavery and under Jim Crow, had provided abundant labor subject to racist terror; they were workers who could be recruited...

Many of us assume that all the free editing and sorting of online content we ordinarily rely on is carried out by AI algorithms — not human persons. Yet in fact, that is often not the case. This is because human workers remain cheaper, quicker, and more reliable than AI for performing myriad tasks where the right answer turns on ineffable contextual criteria too subtle for algorithms to yet decode. The output of this work is then used for machine learning (...) purposes to generate algorithms constructed from large data sets containing thousands of correctly coded observations. The fact that ghost workers are treated as consumers distorts the basic logic of the employment relationship, effectively placing the worker-as-consumer in the worst of both worlds, in which they hold the legal rights of neither group. This puts them in a regulatory limbo position in which they have little or no protection, control, or guarantee of return on investment. This is because the platforms that facilitate ghost work have orchestrated a three-way virtual relationship that absolves all parties of responsibility, while placing nearly all the risks and opportunity costs squarely on the shoulders of the workers. As a result, we believe such a work arrangement as it stands, does not uphold basic standards of Rawlsian justice as fairness. (shrink)

There is a recent interest in the ethics of high-skilled worker emigration through which the limitations of the right to exit are discussed. Insightful arguments have been made in favour of the emigration restrictions on skilled workers in order to tackle the deprivations in developing countries. However, there is still a need for clarification on how we can understand, discuss and implement limitations of a right from a normative perspective. Significantly, how we understand the limitation of a right might determine (...) how we approach such limitations – both in terms of the process of assessing the limitations and in terms of their implications. In this paper, I identify two distinct ways to understand limitations of the right to exit with respect to losses associated with health worker emigration, while also pointing to their implications for restrictive policies: as a matter of scope, and as a matter of weight or emergency, which requires a compensatory scheme for the individual right holders. While the emergency restrictions seem to be a point of convergence in the literature, what defines an emergency and the nature of the compensation still warrant exploration. To that end, I also discuss from a normative perspective what might constitute a public emergency that would give states a prima facie prerogative to regulate temporary limitations on the exercise of the right to exit. In addition, I briefly introduce the implications of emergency restrictions, with a particular focus on compensatory schemes for individual right holders. (shrink)

Accidental human immunodeficiency virus (HIV) infection of patients in health care settings raises the question about whether patients have a right to expect disclosure of HIV/AIDS diagnoses by their health workers. Although such a right – and the correlative duty to disclose – might appear justified by reason of standards of informed consent, I argue that such standards should only apply to questions of risks of and barriers to HIV infection involved in a particular medical treatment, not to disclosure of (...) personal diagnoses. Because the degree of risk of HIV infection is low and disclosure would also have damaging consequences for health workers, and because patient protection is available in other ways, it is argued that no such generalized right should be recognized. Keywords: duty to disclose, HIV infection, HIV/AIDS diagnosis, informed consent, right to know CiteULike Connotea Del.icio.us What's this? (shrink)

After the initial surge in cases of coronavirus, the outbreak has been managed differently in different countries. In the USA, it has been managed in many different ways between states, cities and even counties. This disparity is slowly becoming more and more pronounced with the advent of antibody testing. Although many argue over the potential merits of antibody testing as an immunity passport to allow the economy to restart, there are other implications that stand at the heart of the bioethical (...) debate that are often overlooked. Particularly with COVID-19, there are many uncertainties and the discourse alone of antibodies presumes misinformation that may outweigh the epidemiological benefits of antibody testing. Although this paper does not seek to eliminate antibody testing, it does highlight the need for appropriate counselling both on a personal level with each patient but on a more global level. This moral standard of appropriate education is key to allowing the continued autonomy needed during this pandemic. (shrink)

Catholic moral theology possesses a number of tools that can be employed to promote worker justice. Some of these tools, such as Catholic social teaching on solidarity and workers’ rights, have been used to this end before. However, advocates of workers’ rights have seldom utilized other concepts, such as cooperation in evil, scandal, and evangelization. This essay provides a theoretical introduction to several tools in the “toolkit” of Catholic ethicists, engaging contemporary scholarship on them. It then applies the (...) concepts to two cases in order to demonstrate their usefulness in the struggle for worker justice. Both cases involve Catholic universities, which means the ethical concepts introduced from the Catholic moral tradition should have normative status for these institutions. The first case entails a divestment campaign at the University of Notre Dame. The second case confronts the unjust treatment of adjunct faculty members at Catholic colleges and universities. (shrink)

This article contributes to the limited literatures on small- and medium-size enterprises and corporate social responsibility. Using an institutional theoretical framework, we analyzed fieldwork interviews with twenty SMEs and perspectives of 165 SME managers and workers in textiles, garment, and footwear industries, the most important wage-earning sector in Vietnam. Having understood in the context of a developing “market economy with socialist orientation”, we find that socially responsible practices and expectations developed long before the arrival of CSR as a western concept (...) and an MNC agenda. While identifying and contributing ideas concerning forms of “informal” CSR practices—influenced by social and cultural expectations—to the CSR/sme literature, we are conscious of the mixed effects of these practices and the ongoing nuanced negotiations between workers and managers in these SMEs. In our research, we found that it takes both domestic and international stakeholders to improve labor conditions in Vietnam under the banner of CSR. (shrink)

The deteriorating situation of migrant workers’ health rights protection was once again highlighted in the case of Tseng Hei-tao. This case explicitly and implicitly showed that four conundrums—the Employment Restriction Conundrum, the Occupational Safety and Health (OSH) Legal Conundrum, the Morality Conundrum and the Identity Conundrum—are barriers to migrant workers’ right protection. The health rights of migrant workers could be safeguarded by abolishing the outdated household registration system designed in the planned economy era, improving the rule of law, (...) and strengthening administrative supervisions. This would fundamentally remove these barriers and thus contribute to migrant workers’ health rights protection. (shrink)

The Social Marginalization...In the “enterprise restructuring” process begun in the late 1990s, China’s medium and small-scale state-owned enterprises rapidly converted themselves, through massive sell-offs, mergers and the forming of share-holding cooperatives, into private enterprises, while the larger-scale SOEs strove to reinvent themselves as “modern enterprise systems” through the issuance of shares, by company mergers and sell-offs, or via declarations of bankruptcy. During this process, SOE workers who had retained their jobs and also those who had been “laid off” in the (...) restructuring staged frequent and repeated collective protest actions. Using primary data, this paper seeks to portray the profound social marginalization of workers that has occurred during the SOE restructuring process, and it identifies this factor as being the primary cause of the increase in workers’ collective protests in China in recent years. In the author’s view, the rights to which Chinese workers are entitled under the country’s labor laws have been steadily eroded and diminished by the impact of enterprise restructuring. In a clear case of “closing the stable door after the horse has bolted,” the central government began issuing instructions to safeguard workers’ rights only when the restructuring process had been underway for several years. The wholesale loss of their rights has triggered intense indignation on the part of the workers, and the groundswell of collective protest actions around the country nowadays represents a heart-felt cry for help by an increasingly socially marginalized constituency of many millions. (shrink)

In India, domestic workers' movements advocated for their own and other workers’ rights both before and during the pandemic. Over the course of the pandemic, however, the political landscape and de...