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

XDecent work in a globalized economy Lessons from public and private initiatives Edited by Guillaume Delautre, Elizabeth Echeverría Manrique and Colin Fenwick XDecent 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 Copyright © International Labour Organization 2021 First published 2021 Publications of the International Labour Office enjoy copyright under Protocol 2 of the Uni- versal Copyright Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. For rights of reproduction or translation, application should be made to ILO Publications (Rights and Licensing), International Labour Office, CH-1211 Geneva 22, Switzerland, or by email: [email protected]. The International Labour Office welcomes such applications. Libraries, institutions and other users registered with a reproduction rights organization may make copies in accordance with the licences issued to them for this purpose. Visit www.ifrro.org to find the reproduction rights organization in your country. 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. ILO Cataloguing in Publication Data The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers. The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the International Labour Office of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorsement by the International Labour Office, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval. Information on ILO publications and digital products can be found at: www.ilo.org/publns. <a href="/goto?url=http://www.alamy.com" target="_blank">Cover photo: © Marco Simoniꢁ/ꢁwww.alamy.com </a>Produced by the Publications Production Unit (PRODOC) of the ILO. Graphic and typographic design, manuscript preparation, copy-editing, layout and composition, proofreading, printing, electronic publishing and distribution. The ILO endeavours to use paper sourced from forests managed in an environmentally sustainable and socially responsible manner. Code: WEI-SEP XContents Acknowledgments Contributors 79<ul style="display: flex;"><li style="flex:1">Introduction </li><li style="flex:1">17 </li></ul>Guillaume Delautre, Elizabeth Echeverría Manrique and Colin Fenwick Part I.ꢀThe evolving institutional and legal framework 1. Transnational Labour Governance in Global Supply Chains: <ul style="display: flex;"><li style="flex:1">Asking Questions and Seeking Answers on Accountability </li><li style="flex:1">43 </li></ul>Ingrid Landau and Tess Hardy 2. Mapping human rights due diligence regulations and evaluating their contribution in upholding <ul style="display: flex;"><li style="flex:1">labour standards in global supply chains </li><li style="flex:1">75 </li></ul>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: <ul style="display: flex;"><li style="flex:1">When enterprises drew up their first plans </li><li style="flex:1">165 </li></ul>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 67. The social responsibility of multinational enterprises vis-à-vis the State: The case of the automotive <ul style="display: flex;"><li style="flex:1">and television industries in Mexico </li><li style="flex:1">211 </li></ul>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 <ul style="display: flex;"><li style="flex:1">global supply chain </li><li style="flex:1">265 </li></ul>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 7XAcknowledgments 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 contributions, 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. 9XContributors 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. Decent work in a globalized economy: lessons from public and private initiatives 10 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 corporate 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 perspective” (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 automotive, 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 editorial 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: <a href="/goto?url=http://www.jorgecarrillo.info" target="_blank">ww</a><a href="/goto?url=http://www.jorgecarrillo.info" target="_blank">w</a><a href="/goto?url=http://www.jorgecarrillo.info" target="_blank">.jorgecarrillo.info</a>. 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. Decent work in a globalized economy: lessons from public and private initiatives 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 produced, 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 carried 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 technical 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 corporate 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 University. Her current research interests focus on private regulation practices in global supply chains, with a particular focuses on both labor and environmental impacts of private regulation. She has a Masters degree in Human Resources and Organizations from the London School of Economics, and a Bachelor’s degree in labor relations from Renmin University of China. James Lowell Jackson currently serves as Project Associate for the New Conversations Project at Cornell University’s School of Industrial and Labor Relations. Lowell received his B.S. in Industrial and Labor Relations from Cornell in 2017. His academic and research interests center on labour practices in global supply chains and comparative industrial relations, particularly in

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

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