Decent Work in a Globalized Economy Lessons from Public and Private Initiatives

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Decent work in a globalized economy

Lessons from public and private initiatives

Edited by Guillaume Delautre, Elizabeth Echeverría Manrique and Colin Fenwick

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Decent work in a globalized economy

Lessons from public and private initiatives

Edited by Guillaume Delautre, Elizabeth Echeverría Manrique and Colin Fenwick

International Labour Office · Geneva

First published 2021

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Decent work in a globalized economy: Lessons from public and private initiatives

International Labour Oﬃce – Geneva: ILO, 2021 ISBN ꢀ978-92-2-033719-6 ꢀ(print) ISBN ꢀ978-92-2-033720-2 ꢀ(web pdf)

Also available in french: Le travail décent dans une économie mondialisée: quelques leçons des initiatives publiques et privées, ISBN 978-92-2-034032-5 (print),

ISBN 978-92-2-034033-2 (web pdf), Geneva, 2021.

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Contents

Acknowledgments Contributors
79

Introduction

17

Guillaume Delautre, Elizabeth Echeverría Manrique and Colin Fenwick

Part I.ꢀThe evolving institutional and legal framework

1. Transnational Labour Governance in Global Supply Chains:

Asking Questions and Seeking Answers on Accountability

43

Ingrid Landau and Tess Hardy

2. Mapping human rights due diligence regulations and evaluating their contribution in upholding

labour standards in global supply chains

75

109 133

Claire Bright

3. Trade arrangements and labour standards in a supply chain world: Current issues and future considerations

Karen Curtis and Elizabeth Echeverría Manrique

4. A short history and future prospects of cross-border social dialogue and global industrial relations agreements

Konstantinos Papadakis

Part II.ꢀChallenges and lessons on the effectiveness of public, private and hybrid arrangements

5. Implementing the French Duty of Vigilance Law:

When enterprises drew up their first plans

165

185

Pauline Barraud de Lagerie, Élodie Béthoux,

Arnaud Mias and Élise Penalva-Icherꢀ

6. Private regulation of labour standards in global supply chains:
Current status and future directions

Sarosh Kuruvilla, Ning Li and J. Lowell Jackson

Decent work in a globalized economy: lessons from public and private initiatives

6

7. The social responsibility of multinational enterprises vis-à-vis the State: The case of the automotive

and television industries in Mexico

211

243

Graciela Bensusán and Jorge Carrillo

8. Better Work: Lessons learned and the way forward for decent work in the global garment industry

Arianna Rossi

9. Access to justice after Rana Plaza: A preliminary assessment of grievance procedures and the legal system in the apparel

global supply chain

265

301 335

Youbin Kangꢀ

10. Labour governance initiatives in the Costa Rica–EU pineapple supply chain and their impact on social dialogue

Deborah Martens and Annelien Gansemans

11. Building transnational social dialogue: A process-based analysis of the effectiveness of international framework agreements

Rémi Bourguignon and Marc-Antonin Hennebert

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Acknowledgments

This volume was produced with the financial support of the French

Government, as part of the cooperation agreement 2015-2020 with the

International Labour Office.

The coordinators of this volume wish to thank the authors for their contri-

butions, their responsiveness and patience during the production process of this book.

We would like to acknowledge the editorial work of Manfred Boemeke, Sarah

Lloyd and Julie Weidmann. We are also grateful for the translations of the

different chapters carried out by Rebecca Cockburn (Spanish to English), Mark

Johnson (French to English) and Laurence Rizet (English to French). Thank you

to our colleagues Frédérique Dupuy (ILO Office for France) for her remarkable

proofreading, Judy Rafferty (Research Department, ILO) for her support in

the publication of this volume and Maria Carolina Martins da Costa (Labour

Law and Reform Unit) for her help in the editing of the introductory chapter.

We are grateful to the peer reviewers of the different chapters for their val-

uable revisions, comments and insights: Alvaro Ramírez Bogantes, Juan

Ignacio Castillo, Cyril Cosme, Karen Curtis, Janelle Diller, Felix Hadwiger, John

Howe, Pablo Lazo Grandi, Caitlin Helfrich, Vongai Masocha, Fabiola Mieres,

Konstantinos Papadakis, Nikolai Rogovsky, Arianna Rossi, Ana Sánchez,

Angela Serrano and Maria-Luz Vega.

Special thanks for their encouragement and guidance at the various stages

of the project to Marva Corley-Coulibaly (Research Department, ILO), Cyril

Cosme (ILO Office for France), Damian Grimshaw (previously at the Research

Department, ILO), Claire Harasty (Policy, ILO) and Wael Issa (Policy, ILO).

We would like to emphasize that the responsibility for opinions expressed in

the following chapters rests solely with their authors, and publication does

not constitute an endorsement by the International Labour Office.

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Contributors

Editors

(in alphabetical order)

Guillaume Delautre (Msc in Economics) joined the ILO Research department

in 2015 under the France-ILO agreement on research and in relation with the

Future of work initiative. He currently serves as a Technical specialist in the

Employment policy department. In the last years, his research has mostly

dealt with the employment and labour impacts of changes in global supply

chains and production processes and with corporate social responsibilities.

He previously worked as an economist for the French public employment

service (2002 to 2006) and for the ministries of labour and social affairs (2006

to 2015). He regularly represented the French administration in different

intergovernmental and multilateral forums (EU, OECD, ILO and G20).

Elizabeth Echeverría Manrique is Labour Law Specialist in the Labour

Law and Reform Unit of the Governance and Tripartism Department at the

International Labour Organization (ILO). She provides technical advice

on labour law to ILO constituents. Previously, she worked at the Research

Department researching the linkages between trade and international labour

standards, corporate social responsibility and stakeholders’ involvement in

trade agreements. Before joining the ILO, she practiced and taught labour

law in Mexico. Elizabeth Echeverría Manrique holds a Master’s Degree on

Labour Law by the Universidad Regiomontana (Mexico) and a Master of

Laws in International Law with specialization on trade and investment by

the University of Chile and the University of Heidelberg (Germany).

Colin Fenwick is Head of the Labour Law and Reform Unit at the International

Labour Office, where he was previously a Labour Law Specialist. Before

joining the ILO he was an Associate Professor at Melbourne Law School, where

he served as Director of the Centre for Employment and Labour Relations

Law, and as a joint Editor of the Australian Journal of Labour Law. He retains

an honorary position at Melbourne Law School, at the rank of Associate

Professor. His research explores the effects of labour law as a policy instru-

ment for labour market regulation, with a particular focus on developing

economies. He co-edited the books Human rights at work: Legal and regulatory

perspectives (Hart Publishing, 2010, with T. Novitz) and Labour Regulation and

Development: Socio-Legal Perspectives (Edward Elgar, 2016, with S. Marshall).

His work has also been published in leading law journals.

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Authors

(in alphabetical order)

Pauline Barraud de Lagerie is a lecturer in sociology at the University

Paris-Dauphine and a researcher with IRISSO. Her research covers corporate

social responsibility, the regulation of global value chains and, more recently,

issues relating to crowdwork. Her publications include Les patrons de la vertu.

De la responsabilité sociale des entreprises au devoir de vigilance (Presses

Universitaires de Rennes, 2019) and she is currently coordinating, with Luca

d’Ambrosio, a special volume of the review Droit et Société (forthcoming) on the duty of vigilance.

Graciela Bensusán is Professor at the Universidad Autónoma Metropolitana-

Xochimilco in Mexico City since 1976. Since 1989 she has also been Professor

(part-time) at the Facultad Latinoamericana de Ciencias Sociales-México.

Professor Bensusán is a member of Mexico’s Sistema Nacional de Investigadores

(Level III). She has conducted research for the Economic Commission for Latin

America and the Caribbean in Santiago, Chile; the Institute of the Americas-

University College of London and King’s College London. Professor Bensusán is

author of El modelo mexicano de regulación laboral (2000, Miguel Angel Porrúa-

UAM) and co-author of Sindicatos y Política en México: cambios, continuidades

y contradicciones (2013, UAM, FLACSO and CLACSO), and editor or co-editor of

other twenty books. Her co-edited book Trabajo y trabajadores en el México

contemporáneo (2000) won the Latin American Studies Association Labor

Section’s book prize in 2001. In addition, she has published 180 book chapters

and articles in journals. Professor Bensusán’s current research focuses on

the comparative analysis of labour policies, institutions and organizations

in Latin America.

Élodie Béthoux is a sociologist and lecturer at ENS Paris-Saclay and the IDHES.

Her research covers social dialogue at the enterprise level. She is currently

working on collective bargaining from an international perspective, the cor-

porate social responsibility policies of multinational enterprises and the effect

of the labour law reforms in France. She has recently published “A Primordial

Attachment to the Nation? French and Irish Workers and Trade Unions in Past

EU Referendum Debates” (British Journal of Industrial Relations, 2018, with

Roland Erne and Darragh Golden) and “How does State-led decentralization

affect workplace employment relations? The French case in a comparative per-

spective” (European Journal of Industrial Relations, 2019, with Arnaud Mias).

Contributors

11

Rémi Bourguignon is Professor of Management Science at the IAE Gustave

Eiffel School of Management (University Paris-Est Créteil) and a researcher at

the Institute of Management Research (IRG). His research focusses on studying

the employment relationship, particularly through the lens of social dialogue.

His interest in the social regulation of supply chains led to him coordinating

(with Arnaud Mias) a study on international framework agreements for the

ILO Office for France and to contribute to a recent study for the ILO on the

implementation of the French Duty of Vigilance Act.

Claire Bright Assistant Professor in Private Law at Nova Law School in Lisbon

and an Associate Research Fellow at the British Institute of International and

Comparative Law. She holds a PhD in International Law from the European

University Institute, an LL.M in Private International Law and International

Commercial Law from La Sorbonne Law School and a Double Bachelor’s degree in French and English Laws from the University Paris-Est. Claire

Bright’s main research interests focus on Business and Human Rights, she

recently co-authored a study for the European Parliament on Access to legal

remedies for victims of corporate human rights abuses in third countries,

and a study for the European Commission on due diligence requirements

through the supply chains.

Jorge Carrillo PhD in Sociology of COLMEX and co-founder researcher of El Colegio de la Frontera Norte (COLEF) since 1982. He has wide recognition in

Mexico and abroad for his studies on the maquiladora industry, the automo-

tive, electronic and aerospace sectors, multinationals and SMEs, the quality

of employment and technology. Author of 14 books and 230 chapters and

scientific articles written in Spanish, English, German, Portuguese, Italian,

French, Japanese and Chinese. He has 4,589 citations. He is a member of edi-

torial committees of important journals in Mexico and abroad. He actively

participates in the governing boards of international research networks. In

2015 he received the State Prize of Science and Technology of Baja California.

All his publications are in: ww w .jorgecarrillo.info.

Karen Curtis is a graduate of the University of Minnesota Law School and

majored in Philosophy at Barnard College. She joined the ILO Standards

Department in 1988 after serving a fellowship at the Minnesota Lawyers for

International Human Rights. Ms. Curtis, was appointed Deputy Director of

the International Labour Standards Department in 2005 and since 2012 is

Chief of the Freedom of Association Branch, an area in which she has been

working for twenty-five years. She has the coordinating role in the ILO for its

action through standards and technical cooperation aimed at ensuring that

freedom of association and collective bargaining rights are widely known

and exercised. In January 2004, Ms. Curtis had the responsibility of chief of the Secretariat for the Commission of Inquiry established to examine trade union rights violations in Belarus.

12

Annelien Gansemans obtained an interdisciplinary Ph.D. in Rural

Development and Political Sciences at Ghent University in 2019. She is an

agricultural supply chain professional with fieldwork experience in Latin

America. Her research focused on working conditions, social dialogue and

governance initiatives in the Costa Rica-EU pineapple supply chain. Her work

is published in Agriculture & Human Values, British Journal of Industrial

Relations, Sustainability and Politics & Governance. Before her PhD, she

worked in the Decision and Policy Analysis at the International Center for

Tropical Agriculture (CIAT) in Colombia where her interest in fair trade and

plantation labour further developed. In 2018, she joined the Cooperatives

Unit of the International Labour Organization (ILO) in Geneva for a six-

month internship.

Dr Tess Hardy is a Senior Lecturer at Melbourne Law School, Co-Director

of the Centre for Employment and Labour Relations Law and an Australian

Research Council Discovery Early Career Researcher Fellow (DE180100279).

Her research spans regulation and governance, employment, contract and

consumer law. She is particularly interested in how workers’ rights are pro-

duced, promulgated and protected in fragmented business networks, such

as supply chains and franchise systems. Prior to joining academia, Tess was

a private practitioner based in Melbourne, Tokyo and Hong Kong, advising

principally in the area of workplace relations law. Tess was previously the

Associate Editor of the Australian Journal of Labour Law and currently sits

on the national committee of the Australian Labour Law Association.

Marc-Antonin Hennebert is full Professor at the Department of Human

Resources Management and associate researcher at the Interuniversity

Research Centre on Globalization and Work (CRIMT) and the International

Observatory on the Societal Impacts of Artificial Intelligence and Digital

Technologies (OBVIA). His research focusses on industrial relations, trade

unionism, collective bargaining and social dialogue which he studies from

both the national and international perspective. At the international level,

Marc-Antonin Hennebert is particularly interested in the social regulation

of multinational enterprises and their value chains, international trade

unionism and international framework agreements. His field studies car-

ried out with international trade union representatives and the management

of multinational enterprises have been the subject of several publications.

Contributors

13

Youbin Kang is a PhD candidate in Sociology at the University of Wisconsin,

Madison. Her research focuses on the intersections of work, labour move-

ments, regulation, space, and mobility. She has written about global supply

chains and transnational labour regulation in Bangladesh. Currently, she

studies the effect of automation on public transit labour in global cities. Prior

to graduate studies she worked at the International Labour Office as a tech-

nical officer and has been a student representative at the Workers’ Rights

Consortium in 2014.

Sarosh Kuruvilla is Professor of Industrial Relations, Asian Studies and

Public Affairs at Cornell University. His research has generally focused on

the linkages between economic development, industrial relations and human

resource policy and practices. He currently serves as the Academic Director of

the New Conversations Project: Sustainable Labor Standards in Global Supply

Chains at Cornell University, reflecting his current research interests. He is also Visiting Professor of Management at the London School of Economics.

Ingrid Landau is a Lecturer in the Department of Business Law and Taxation

at Monash Business School, and a member of the Labour, Equality and Human

Rights (LEAH) Research Group. She researches and teaches in the areas of

comparative and transnational labour regulation, and business and human

rights. Her research focuses in particular on regulatory frameworks for cor-

porate human rights due diligence, socially responsible public procurement,

and labour regulation in the Asia-Pacific. Ingrid has worked as principal

researcher on major research projects commissioned by the Australian Fair

Work Commission and the International Labour Organisation. Prior to joining

Monash University, she worked in the legal and international departments at

the Australian Council of Trade Unions.

Ning Li is a Ph.D. student in School of Industrial and Labor Relatins at Cornell